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(A) Except as herein provided or exempted by the Director of Storm Water Management, this section shall apply to all non-storm water discharges and connections to the MS4 owned and operated by the city.
(B) The Director of Storm Water Management shall administer, implement and enforce the provisions of this section.
(C) This subchapter shall be construed to ensure consistency with requirements of the Clean Water Act, the city’s KPDES Phase 2 Program, and acts amendatory thereof or any other applicable regulations.
(D) The standards and requirements set forth herein and promulgated pursuant to this subchapter are minimum standards. This subchapter does not intend, nor imply, that compliance by any person, company, developer or any other entity will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants into the MS4.
(Prior Code, § 92.152) (Ord. 21-2008, passed 12-22-2008)
(A) No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4 any pollutants including, but not limited to, hazardous materials or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illicit discharge is prohibited.
(B) This subchapter does not apply to following categories of non-storm water discharges or flows, unless the Director of Storm Water Management and/or enforcement agency identifies them as significant contributors of pollutants to it MS4: water line flushing; landscaping irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharge from potable water sources; foundation drains; air conditioning condensation; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual non-polluting residential home and car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; firefighters’ activities; and street wash water from municipal cleaning operations.
(C) The prohibition of discharges or flows shall not apply to any non-storm water discharges permitted under a NPDES permit, waiver or waste discharges order issued to the discharger and administered by the state’s Division of Water under the authority of the Federal Environmental Protection Agency; provided that, the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations; and, provided that, written approval has been granted for any discharge to the storm drain system.
(D) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition includes without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practice applicable at the time of connection.
(Prior Code, § 92.153) (Ord. 21-2008, passed 12-22-2008)
Illicit discharges and illicit connections are declared to be a public nuisance, being a threat to the public health, safety and welfare. The city shall take all necessary steps to abate the nuisance, including all measures cited in § 92.999 of this chapter, and/or any other action permitted by state and federal law.
(Prior Code, § 92.154) (Ord. 21-2008, passed 12-22-2008)
(A) Compliance by elimination of illicit discharge.
(1) The Director of Storm Water Management may require by written notice of violation that the person, property owner, occupant, tenant, lessor, lessee or entity (hereinafter referred to as “party”) responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(2) The elimination of an illicit discharge within seven days after receipt of Notice of Violation from the Enforcement Agency shall be considered compliance with the provisions of this section and no further action shall be taken.
(B) Monitor and analyze. The Director of Storm Water Management may require by written notice that any party engaged in any activity and/or owning or operating any property or facility which has been determined to contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the MS4 to undertake at said party’s expense such monitoring and analyses and furnish such reports to the Director of Storm Water Management and/or Enforcement Agency as deemed necessary to determine compliance with this section.
(C) Notification of spills. Notwithstanding other requirements of local, state and federal law, as soon as any party responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of any known or suspected release of pollutants or hazardous materials which are resulting or may result in illegal discharges to the MS4, said party shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said party shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials to the MS4, said party shall notify the Director of Storm Water Management and/or Enforcement Agency in person, by phone, or facsimile immediately, but no later than 2:00 p.m. of the next business day. Notification shall be confined by written notice addressed and mailed to the Director of Storm Water Management within three business days of the original notice.
(Prior Code, § 92.155) (Ord. 21-2008, passed 12-22-2008)
(A) Right of entry and inspection. Whenever the Director of Storm Water Management has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the Director of Storm Water Management shall be permitted to enter the believed violating premises served by the MS4 at all reasonable times to inspect the same. Refusal to allow entrance to the premises for inspection or monitoring shall constitute a violation for each day after the notice of violation that his refusal continues. If the Director of Storm Water Management has been refused access to any part of the premises from which storm water is discharged and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the city may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant.
(B) Urgency abatement. The Director of Storm Water Management is authorized to require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Director of Storm Water Management, the city is authorized to enter into private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible part.
(C) Sampling devices and testing. During any inspection as provided herein, the Director of Storm Water Management may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. The costs of all testing may be passed on to the party, owner or operator of the premises where the illicit discharge emanates.
(Prior Code, § 92.156) (Ord. 21-2008, passed 12-22-2008)
(A) The provisions of this subchapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or other legal entity or agency having jurisdiction.
(B) The provisions of this subchapter shall be deemed cumulative of the provisions and regulations contained in the code of ordinances of the city, save and except that, where the provisions of this subchapter and the sections hereunder are in conflict with the provisions elsewhere in this code, then the provisions contained herein shall prevail.
(C) Any party who violates any provision of this section or any provision of any permit issued by the city may also be in violation of the Federal Clean Water Act, being 33 U.S.C. §§ 1251 et seq. (Pub. L. 92-500, 95-217) and may be subject to the sanctions of that Act including civil and criminal penalties. Any enforcement action authorized under this section may also include written notice to the party of such potential liability.
(Prior Code, § 92.158) (Ord. 21-2008, passed 12-22-2008)
ADMINISTRATION AND ENFORCEMENT
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