Section 105-581; Ord. 18297; Amending Chapter 12A of the City Code to add a new article on detection and elimination of illicit storm water discharges


Ordinance No.            18297                          Council Bill No. B 359-04 A          


AN ORDINANCE

amending Chapter 12A of the City Code to add a new article on detection and elimination of illicit storm water discharges; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 12A of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended by adding the following Article IX:


ARTICLE IX. DETECTION AND ELIMINATION OF ILLICIT STORM WATER DISCHARGES

DIVISION 1.  IN GENERAL

Sec. 12A-160.  Purpose.

    The purpose of this article is to insure the health, safety and general welfare of the citizens of the City of Columbia by enhancing the water quality of water courses and water bodies to the maximum extent practicable as required by federal and state laws. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with the requirements of the National Pollutant and Discharge Elimination System (NPDES) permit process. The objectives of this article are:

    (1)    To regulate the contribution of pollutants by storm water discharges to the municipal separate storm sewer system or to any water course;

    (2)    To prohibit illicit connections and discharges; and

    (3)    To establish legal authority for inspections, surveillance and monitoring procedures necessary to insure compliance with this article.

Sec. 12A-161.  Definitions.

    The following definitions apply to this article:

     Accidental Discharge.  A discharge prohibited by this article which occurs by chance and without planning or consideration prior to occurrence.

     Best Management Practices (BMP).  Activities, practices and procedures to prevent or control the discharge of pollutants directly or indirectly into the municipal storm drain system, waters of the State and waters of the United States. BMPs include but are not limited to treatment facilities to remove pollutants from storm waters; operating and maintenance procedures; facility management practices to control runoff, spills or leaks of storm water, waste disposal, and drainage from material storage; erosion and sediment control practices; the prohibition of specific activities, practices and procedures; and such other provisions the city determines appropriate for the control of pollutants.

     Clean Water Act.  The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.

     Contaminated.  Containing a harmful quantity of any substance.

     Contamination.  The presence of or entry into the municipal separate storm sewer system, waters of the State or waters of the United States of any substance which may be deleterious to the public health or quality of the water.

     Director.  The director of public works.

     Discharge.  Any addition or introduction of any pollutant, storm water or any other substance whatsoever into the municipal separate storm sewer system or into the waters of the state or waters of the United States.

     Discharger.  Any person who causes, allows, permits or is otherwise responsible for a discharge including any operator of a construction site or industrial facility.

     Enforcement official.  Any person designated by the director to enforce the provisions of this article.

     Environmental Protection Agency or EPA.  The United States Environmental Protection Agency or any duly authorized official of that agency.


     Hearing officer.  The director or a person designated by the director to conduct hearings under this article.

     Illicit connections.  An illicit connection is any drain or conveyance not specifically allowed by this article:

    (1)    Which allows a discharge;

    (2)    Which is connected to the storm drain system from indoor drains and sinks regardless of whether the drain or connection was previously allowed, permitted or approved by a governmental agency; or

    (3)    Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the city.

     Municipal Separate Storm Sewer System.  The system of conveyances including roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains owned and operated by the city and designed or used for collecting or conveying storm water and which is not intended for collecting or conveying sewage.

     National Pollutant Discharge Elimination System (NPDES).  The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Section 307, 402, 318 and 405 of the Federal Clean Water Act.

     Non-storm water discharge.  Any discharge to the storm drain system that is not composed entirely of storm water.

     Pollutant.  Anything which causes or contributes to pollution. Pollutants may include but are not limited to paints, varnishes and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure, including but not limited to sediments, slurries and concrete rinsates; and noxious or offensive matter of any kind.

     Pollution.  The human made or human induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, the waters for beneficial uses or the facilities which serve these beneficial uses.

     Storm drain system.  The municipal separate storm sewer system.  

     Storm water.  Any flow occurring during or following any form of natural precipitation and resulting from such precipitation including snow melt.

     Storm water pollution prevention plan.  A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and receiving waters to the maximum extent practicable.

Sec. 12A-162.  Applicability.

    This article shall apply to all water entering the municipal separate storm sewer system unless explicitly exempted by this article.

Sec. 12A-163.  Responsibility for administration.

    The director shall administer, implement and enforce the provisions of this article.

Sec. 12A-164.  Regulatory consistency.

    This article shall be construed to assure consistency with the requirements of the Clean Water Act and regulatory requirements of the Missouri Department of Natural Resources.

Sec. 12A-165.  Ultimate responsibility.

    The standards set forth in this article and promulgated pursuant to this article are minimum standards.  Compliance with this article does not insure that there will be no contamination, pollution or unauthorized discharge of pollutants into the waters of the United States.  This article shall not create liability on the part of the city or any agent or employee of the city for any damages that result from any discharges, reliance on this article or any administrative decision made under this article.

Secs. 12A-166 -- 12A-175.  Reserved.


DIVISION 2. PROHIBITIONS

Sec. 12A-176.  Illegal discharges.

    (a)    Except as provided in subsection (b), it shall be unlawful for any person to discharge or cause to be discharged into the municipal separate storm sewer system or into any water course any material other than storm water.

    (b)    The following discharges are exempt from the discharge prohibitions established by this article:

        1.    Waterline flushing or other potable water sources;

        2.    Landscape irrigation or lawn watering;

        3.    Diverted stream flows;

        4.    Rising groundwater;

        5.    Groundwater infiltration;

        6.    Uncontaminated pumped groundwater;

7.    Foundation or footing drains (excluding active groundwater de-watering systems);

        8.    Crawlspace pumps, air conditioning condensation;

        9.    Springs;

        10.    Non-commercial washing of vehicles;

        11.    Natural riparian habitat or wetland flows;

12.    Swimming pools (if de-chlorinated -- less than 1 ppm chlorine);

        13.    Fire fighting activities;

        14.    Other water not containing pollutants;

        15.    Discharges specified by the director as necessary to protect public health and safety;

        16.    Dye testing if notification is given to the director before the test; and

        17.    Any non-storm water discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered 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 municipal separate storm sewer system.

Sec. 12A-177.  Illicit connections.

    (a)    It shall be unlawful for any person to construct, use, maintain or have an illicit connection.

    (b)    This section expressly applies to illicit connections made in the past even if the connection was permissible under law or practices applicable or prevailing at the time of connection.

Sec. 12A-178.  Waste disposal prohibitions.

    It shall be unlawful for any person to place, deposit or dump or to cause or allow the placing, depositing or dumping any refuse, rubbish, yard waste, paper litter or other discarded or abandoned objects, articles and accumulations containing pollutants into the municipal separate storm sewer system or into any waterway.

Sec. 12A-179.  Connection of sanitary sewer prohibited.

    It shall be unlawful for any person to connect a line conveying sewage to the municipal separate storm sewer system or to allow such a connection to continue.

Sec. 12A-180.  Industrial or construction activity discharges.

    It shall be unlawful for any person subject to an industrial activity or construction NPDES storm water discharge permit to fail to comply with all provisions of such permit.

Sec. 12A-181.  Continuing violation.


    Each day that a violation of this article continues shall be deemed a separate offense.
Secs. 12A-182 -- 12A-190.  Reserved.


DIVISION 3.  REGULATIONS AND MONITORING

Sec. 12A-191.  Best management practices.

    (a)    The City Council may, by ordinance, adopt standards identifying best management practices (BMP) for any activity, operation or facility which may cause or contribute to pollution of storm water, the storm drain system, waters of the state or waters of the United States.  These standards shall be on file in the office of the director.  It shall be unlawful for any person undertaking any activity or owning or operating any facility subject to such standards to fail to comply with the standards.

    (b)    The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal separate storm sewer system or water courses through the use of structural and non-structural BMPs. Any person responsible for property which is or may be the source of an illicit discharge may be required to implement additional structural and non-structural BMPs to prevent further discharge.  Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity to the extent practicable shall be deemed in compliance with provisions of this section.  These BMPs shall be a part of the storm water pollution prevention plan as necessary for compliance with the requirements of the NPDES permit.

Sec. 12A-192.  Monitoring of discharges.

    (a)     Applicability.  This section applies to all facilities which have storm water discharges associated with the facility activity including construction activity.

    (b)    Access to facilities:

(1)    Enforcement officers are authorized to enter and inspect facilities subject to regulation under this article to determine compliance with this article.  If a discharger has security measures in force which require proper identification and clearance before entering its premises, the discharger shall be given the opportunity to make the necessary arrangements to allow access to the enforcement officers.  If an enforcement officer is denied entry to the property, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(2)    Facilities operators shall allow enforcement officials ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records which must be kept under the conditions of an NPDES permit, or local or other state permits to discharge storm water and the performance of any additional duties as defined by state and federal law.  If an enforcement officer is denied such access, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(3)    The enforcement officer may install devices on any facility to monitor and sample the facility’s storm water discharge. If an enforcement officer is not allowed to install such a device, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(4)    An enforcement officer may require a discharger to install monitoring equipment.  The discharger shall maintain the facility sampling and monitoring equipment at all times in a safe and proper operating condition.  All devices used to measure storm water flow and quality shall be calibrated to insure their accuracy.

(5)    At the request of an enforcement officer, a discharger shall promptly remove any obstructions to safe and easy access to a facility to be inspected.  The obstructions shall not be replaced.

Secs. 12A-193 -- 12A-200.  Reserved.


DIVISION 4.  NUISANCES

Sec. 12A-201.  Nuisances declared.

    (a)    Any discharge in violation of this article is a nuisance.

    (b)    Any illicit connection is a nuisance.

Sec. 12A-202.  Abatement procedures.

    (a)    Abatement notice.  When an enforcement official determines that a nuisance exists in violation of this article, the enforcement official may initiate a nuisance abatement procedure by serving an abatement notice on the owner of the property upon which the nuisance is believed to exist. The abatement notice shall contain the following:
 
    (1)    A description of the location and nature of the alleged nuisance;

(2)    A statement of the acts necessary to abate the alleged nuisance;

(3)    An order establishing the time for beginning and completing abatement of the alleged nuisance and requiring that abatement activities continue without unreasonable delay;

(4)    Information on the right to a hearing and the manner of requesting a hearing to contest the enforcement official's abatement notice; and

(5)    A statement that if the nuisance is not abated as ordered and if no request for hearing is made within the prescribed time, the city may abate the alleged nuisance and assess the costs against the property owner and the property.

    (b)    Service of abatement notice.

(1)    The enforcement official shall serve the abatement notice on the property owner by first class mail or by personal service in the same manner as legal process is served under any Missouri statute or court rule.  Mailed notice shall be presumed received three (3) days after it is mailed.

(2)    If the enforcement official is unable to obtain service by either of the above methods, service may be obtained by publishing the abatement notice once in a newspaper of general circulation in the city and by posting the abatement notice on the property where the alleged nuisance exists. Notice shall be considered given on the date the notice is published or the notice is posted, whichever is later.
    
    (c)    Request for hearing.  The owner of property on which the nuisance is alleged to exist may contest the abatement notice by requesting a hearing. The request for hearing must be made in writing and received by the director within seven (7) days of service of the abatement notice. The request for hearing must be either hand-delivered to the office of the director or sent to the director by United States mail, facsimile machine or electronic mail. The request for hearing must state an address to which a notice of hearing may be sent.

    (d)    Notice of hearing.  At least ten (10) days written notice of the hearing shall be given to the property owner except in cases where the public health, safety or interest shall make a shorter time reasonable. Notice shall be hand-delivered to the property owner or mailed to the address provided by the property owner in the request for hearing.  Notice shall be presumed received three (3) days after it is mailed.

    (e)    Hearing and decision.  The hearing officer shall conduct the hearing and enter a decision in accordance with the requirements of Chapter 536, RSMo. If the hearing officer determines that a nuisance exists as charged in the abatement notice, the hearing officer may enter an order of abatement directing that the nuisance be abated under such conditions and within such time as the hearing officer deems appropriate under the circumstances.

    (f)    Appeal.  An appeal from the decision of the hearing officer may be made to the circuit court of Boone County in accordance with Chapter 536, RSMo.

Sec. 12A-203.  Abatement by city.

    If the order of abatement is not complied with or if no hearing is requested and the abatement notice is not complied with, the director may have the nuisance abated by city employees or by persons under contract with the city.  No person shall enter private property to abate a nuisance unless the owner or occupant has consented to the entry or unless the municipal judge has issued a warrant for the entry.

Sec. 12A-204.  Collection of abatement costs.

    (a)    The director shall certify the cost of abatement to the city clerk. The cost shall include administrative costs as well as the actual cost of abating the nuisance.  The city clerk shall cause a special tax bill against the property to be prepared in the amount of the abatement costs. The tax bill from the date of its issuance shall be a lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity. No clerical error or informality in the tax bill or in the proceedings leading up to the issuance of the tax bill shall be a defense in an action to collect the tax bill.  Tax bills issued under this section, if not paid when due, shall bear interest at the rate of eight (8) percent per annum.

    (b)    The cost of abatement shall also constitute a personal obligation of the owner of the property and of any other person who caused the nuisance.

Sec. 12A-205.  Emergency abatement.

    (a)    The director may abate any nuisance without following the abatement procedures of this article if the nuisance presents an immediate threat to the health, safety or welfare of any inhabitant of the city.

    (b)    The director may assess the cost, including administrative costs, of abating a nuisance under this section against the property on which the nuisance was located.  Before assessing costs, the director shall serve a bill of costs on the property owner.  The bill of costs shall describe the nuisance that was abated, state the cost of abatement and inform the owner of the right and manner of requesting a hearing.

    (c)    The bill of costs shall be served on the property owner by first class mail, or by personal service in the same manner as legal process is served under any Missouri statute or court rule.  Mailed notice shall be presumed received three (3) days after it is mailed. If service is not able to be obtained by either of the above methods, service may be obtained by publishing notice of the bill of costs in a newspaper of general circulation in the city.

    (d)    The property owner may contest the assessment of costs by requesting a hearing.  The request for hearing must be made in writing and received by the director within seven (7) days of service of the bill of costs or publication of notice of the bill of costs.  The request for hearing must be either hand-delivered to the office of the director or sent to the director by United States mail, facsimile machine or electronic mail.  The request for hearing must state an address to which a notice of hearing may be sent.

    (e)    Notice of hearing.  At least ten (10) days written notice of the hearing shall be given to the property owner.  Notice shall be hand-delivered to the property owner or mailed to the address provided by the property owner in the request for hearing.  Notice shall be presumed received three (3) days after it is mailed.

    (f)    Hearing and decision.  The hearing officer shall conduct the hearing and enter a decision in accordance with the requirements of Chapter 536, RSMo.  If the hearing officer determines that the abatement was justified under subsection (a), the hearing officer shall certify the cost of abatement to the city clerk for collection pursuant to the provisions of Sec. 12A-204.

    (g)    Appeal.  An appeal from the decision of the hearing officer may be made to the circuit court of Boone County in accordance with Chapter 536, RSMo.

Sec. 12A-206.  Nuisances on more than one property.

    If any nuisance abated by the director extended over more than one (1) parcel of land, the cost of abating the nuisance shall be assessed against each parcel of land on which the nuisance was abated in proportion to the amount of work and expense for each such parcel.  Except in the case of an emergency abatement, however, no parcel of land shall be assessed unless an owner of the parcel was served with an abatement notice.

Sec. 12A-207.  Nuisances attributable to neighboring property.

    If any nuisance abated by the director was caused in whole or in part by activities on neighboring property, the cost of abating the nuisance shall be assessed against each parcel of such neighboring property in proportion to the amount of damage attributable to each such parcel.  Except in the case of an emergency abatement, however, no property shall be assessed unless an owner of the property was served with an abatement notice.  The owner of such property shall be entitled to the same hearing and appeal rights as the owner of property on which a nuisance is alleged to exist.

Secs. 12A-208 -- 12A-214.  Reserved.


DIVISION 5.  VARIANCES

Sec. 12A-215.  Variances.

    (a)    The director may grant a variance for the following:

    (1)    Projects or activities serving a public need where no feasible alternative is available.

    (2)    The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.

    (b)    The applicant shall submit a written request for a variance to the director.  The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request.  The director may require site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 1st day of November, 2004.