(A) Purpose. The requirements set forth in this chapter are intended to:
(1) Prohibit illicit discharges and connections to the MS4;
(2) Regulate the contribution of pollutants to stormwater discharges to the MS4 by any user.
(B) Prohibition of discharges.
(1) No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4, community waters or waters of the Commonwealth any hazardous materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement conduct or continuance of any illegal discharge is prohibited.
(2) 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.
(3) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon a public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, community waters or waters of the Commonwealth, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(C) Permitted discharges.
(1) (a) A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the fire code requires to be contained and treated prior to discharge;
(b) A discharge or flow from lawn watering, or landscape irrigation;
(c) A discharge or flow from a diverted stream flow or natural spring;
(d) Uncontaminated discharge or flow from a foundation drain, crawl space pump or footing drain;
(e) A discharge or flow from air conditioning condensation;
(f) A discharge or flow from individual residential car washing;
(g) A discharge or flow from a riparian habitat or wetland;
(h) A discharge or flow resulting from street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance;
(i) Dechlorinated drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals;
(j) A discharge or flow from any other water source not containing pollutants; and
(k) Upon verbal notification to the Enforcement Agency and prior to time of the test, a discharge or flow from dye testing.
(2) No discharge or flow available under Article 1.2 will be permitted if it has been determined by the Enforcement Agency to be a source of a pollutant or pollutants to the MS4, community waters or waters of the Commonwealth. Written notice of such determination shall be provided by the Enforcement Agency to the discharger.
(D) Other discharges. The prohibition of discharges or flows shall not apply to any non-stormwater discharges permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the Kentucky Division of Water under the authority of the 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.
(E) Stormwater discharge permit. Any person, company, developer or any other entity subject to a construction activity NPDES stormwater discharge permit or erosion protection and sediment control permit shall comply with all provisions of such permits. Proof of compliance with such permits may be required in a form acceptable to the Enforcement Agency.
(F) Rules and regulations.
(1) Elimination of illegal discharges. Notwithstanding the requirements of this chapter herein, the Enforcement Agency may require by written notice that a person responsible for an illegal 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) Remediation. Whenever the Enforcement Agency finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater entering the MS4, community waters, or waters of the Commonwealth, the Enforcement Agency may require by written notice to the owner of the premises and/or the responsible person that the pollution be remediated and the affected property restored within a specified time.
(3) Monitoring and analyses. The Enforcement Agency may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the MS4, community waters, or waters of the Commonwealth system, to undertake at said person's expense such monitoring and analyses by a state certified laboratory and furnish such reports to the Enforcement Agency as deemed necessary to determine compliance with this chapter.
(4) Notification of spills. Notwithstanding other requirements of local, state and federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a 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, community waters or waters of the Commonwealth from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the Enforcement Agency in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications shall be confirmed by written notice addressed and mailed to the Enforcement Agency within three (3) business days of the notice.
(G) Inspection and monitoring.
(1) Inspection. Whenever the Enforcement Agency has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this chapter, the Enforcement Agency may enter the suspect property, MS4, community waters and waters of the Commonwealth at all reasonable times to inspect the same. If it is determined an illegal discharge emanates from private premises, the owner or operator of the premises will be notified in accordance with the provisions of this chapter. Copies of records of stormwater compliance shall be provided to the Enforcement Agency.
(2) Sampling devices and testing. During any inspection as provided herein, the Enforcement Agency may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. The cost of all testing may be passed on to the owner or operator of the premises where the illegal discharge emanates.
(H) Enforcement.
(1) (a) Notice of violation. Whenever the Enforcement Agency finds that a person, company, developer or any other entity has violated a prohibition or failed to meet a requirement of this chapter, the Enforcement Agency may order compliance by written Notice of Violation to the responsible entity. Such notice may require without limitation:
1. The performance of monitoring, analyses by a state certified laboratory, and reporting;
2. The elimination of illicit connections or discharges; that violating discharges, practices, or operations shall cease and desist;
3. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
4. Payment of a fine to cover administrative and remediation costs of the Enforcement Agency, if not remedied; and
5. The implementation of source control or treatment best management practices;
(b) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Enforcement Agency or a contractor designated by the Enforcement Agency and the expense thereof shall be charged to the violator.
(2) Abatement by the Morehead Utility Plant Board. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the Enforcement Agency upholding the decision of the Director, then the Enforcement Agency or designated contractor shall enter upon the subject private premises and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Enforcement Agency or designated contractor to enter upon the premises for the purposes set forth above.
(3) Charging cost of abatement/liens. Within thirty (30) days after abatement of the nuisance by the Enforcement Agency, the Enforcement Agency shall notify the property owner of the premises of the cost of abatement, including administrative costs. If the amount due is not paid within ten (10) days, the MUPB Clerk shall enter the amount due on the tax roll and collect as a special assessment against the property and shall constitute a lien on the property.
(4) Urgency abatement. The Enforcement Agency is authorized to require immediate abatement of any violation of this chapter 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 Enforcement Agency, MUPB is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by MUPB shall be fully reimbursed by the property owner and/or responsible party.
(5) Acts potentially resulting in a violation of the Federal Clean Water Act. Any person who violates any provision of this chapter or any provision of any permit issued by the Morehead Utility Plant Board or City of Morehead may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.
Ord. 26:2019, passed 7-8-19)