HomeMy WebLinkAbout2003-056 - Revision to Chapter 437 of the Municipal CodeBILL N0.2003-56
ORDINANCE N0.2003-56
AN ORDINANCE REVISING CHAPTER 437: GRADING AND EXCAVATION AND
ENACTING A NEW SECTION 210.635: PROHIBITED SEWER DEPOSITS AND A
NEW CHAPTER 703: STORM WATER DRAINAGE SYSTEM REGULATIONS TO
BRING THE CITY OF RIVERSIDE, MISSOURI INTO COMPLIANCE WITH THE
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
GUIDELINES FOR OBTAINING AN NPDES PERMIT
WHEREAS, the Federal Clean Water Act and various Federal and State laws and
regulations promulgated thereunder require municipalities such as the City of Riverside,
Missouri (the "City") to obtain an NPDES storm water discharge permit from the Missouri
Department of Natural Resources; and
WHEREAS, the City Engineer has recommended these revisions and additions to the
Code as part of the City's application to the Missouri Department of Natural Resources for an
NPDES permit; and
WHEREAS, the Board of Aldermen of the City of Riverside, Missouri has examined the
current version of the City's Code and determined that it does not fully address the concerns
articulated under the NPDES program; and
WHEREAS, the Board of Aldermen has determined that the following revisions to, and
new provisions of, the Code are in the best interests of the public health, welfare, and safety of
the residents of the City;
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The following revisions and additions shall be made to the specified provisions of
the City Code:
TITLE IL PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 210: OFFENSES
SF,CTION 210.635: PROHIBITED SEWER DEPOSITS
No person shall deposit or throw, or cause to be thrown or deposited, into any sewer, sewer
inlet or manhole, any animal or vegetable substance or any hay, straw, leaves, sticks, ashes,
cinders, shavings, trash, soot, oyster shells, cans, rubbish, broken ware, rags, pieces of iron or
other metal or old wearing apparel, or any other article or thing whatever that is liable to
cause the sewer to choke up, become congested, or otherwise obstruct the free flow of water
therein.
TITLE VI. LAND USE
CHAPTER 437: GRADING, EXCAVATION, AND EROSION CONTROL
SECTION 437.010: DEFINITIONS
For the purposes of this Chapter (hereinafter the "Grading Code"), the following terms,
phrases, words, and their derivations shall have the meanings given herein:
ADOPTED STANDARDS: Any design or construction specification, including the erosion
and sediment control design criteria and specifications, adopted in writing by the City of
Riverside, Missouri, or its designees.
AGRICULTURAL CROP MANAGEMENT PRACTICES: All land farming operations
including plowing or tilling of land for the purpose of crop production or the harvesting of
crops.
APPLICANT: The person who owns the affected property or the person's authorized agent
who submits or who is required to submit an application to the Codes Enforcement Officer
for a site disturbance permit.
CLEARING: Any activity which removes the vegetative ground cover including, but not
limited to, root removal or top soil removal.
EARTII MAIERIAI,S: Any rock, natural soil or combination thereof.
EROSION: The wearing away of land by the action of wind, water, gravity, or a
combination thereof.
EROSION AND SEDIMENT CONTROL PLAN: A set of measures designed to control
runoff and erosion, and to retain sediment on a particular site during pre-construction,
construction, and after all permanent improvements have been erected or installed.
EROSION AND SEDIMENI'CONTROL REGULATIONS: This Chapter in its entirety.
EROSION AND SEDIMENT CONTROL SPECIFICATIONS: The erosion and sediment
control design criteria and specifications adopted in writing by the City of Riverside,
Missouri.
ENGINEER: A civil engineer that is registered as a professional engineer with the Missouri
Board of Architects, Professional Engineers and Land Surveyors.
EXCAVA770N.• Any act by which earth, sand, gravel, rock or any other similar material is
cut into, dug, uncovered, removed, displaced, relocated or bulldozed, and shall include the
conditions resulting therefrom.
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FILL: Any act by which earth, sand, gravel, rock or any other similar material is deposited,
placed, pushed, pulled or transported to a place other than the place from which it was
excavated and shall include the conditions resulting therefrom.
GRADING: Excavation, fill, or site disturbance, or airy combination thereof and shall include
the conditions resulting from any excavation, fill, or site disturbance.
GRADING PERMIT: See "Site Disturbance or Grading Permit" below.
INSPECTION: The periodic field review of erosion and sediment control measures as
detlned in the erosion and sediment control plan for the purposes of determining compliance.
LAND FILL: Any human activity depositing soil or other earth materials.
NUISANCE: Any act or situation as described in Chapter 215 of this Code.
PERSON: Any individual, fire, partnership, corporation, association, organization, or legal
entity of any kind, including governmental entities.
QUALITY CONIROL REVIEW (QCR): A process of checking a plan submittal application
or resubmittal for completeness against a certitied submittal checklist that the applicant has
prepared and attached to the plan prior to acceptance for technical review.
REVIEW COMMENTRESOLUTION (RCR): A service provided to communicate and clarify
review deficiencies.
SAMPLING: The procedures associated with the deternination of settleable solids and may
include suspended solids in a discharge sample of water.
SEDIMENT: Any solid material, mineral or organic that has been deposited in water, is in
suspension in water, is being transported or has been removed from its site of origin by wind,
water, or gravity as a result of soil erosion.
SITE: Any single or contiguous lots, tracts, projects or subdivisions of land owned by a
single person or by several persons acting jointly.
SITE DISI'URI3ANCE OR GRADING PL'RMIT: Authorization given by the Codes
Enforcement Officer, noted in Section 437.020, to perform site disturbance activities.
SITE DISTURBANCE/SITE DISTURBANCE ACTIVITY.• Any activity that changes the
physical conditions of landform, vegetation, and hydrology. Such activities include, but are
not limited to, clearing, removal of vegetation, stripping grading, grubbing, excavating,
filling logging, and storing of materials.
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SOIL: The unconsolidated mineral and organic material on the immediate surface of the
earth that serves as a natural medium for the growth of land plants.
SOIL STORAGE: Any human activity depositing soil or other earth materials for later use or
disposal.
I7MBEIZING: The act of cutting and removing trees without disturbing the root or adjacent
vegetation.
VEGETATIVE COVER: Any grasses, shrubs, trees and other vegetation which hold and
stabilize soils.
WATER BODIES: Surface waters including rivers, streams, lakes and wetlands.
WETLANDS: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
This does not include the following surface waters of the State intentionally constructed from
sites that are not wetlands, drainage ditches, grass-lined swales, and landscape amenities.
WORK: Any activity that involves construction or preparation for construction of an
improvement.
SECTION 437.015: ADOPTION OF KANSAS CITY METRO AMERICAN PUBLIC
WORKS ASSOCIATION'S (APWA's) EROSION AND SEDIMENT
CONTROL MANUAL
A. Adoption. The Kansas City Metro American Public Works Association's Erosion and
Sediment Control Manual (the "Erosion and Sediment Control Manual") is hereby enacted
and made a part of this Chapter by reference except as to portions hereinafter specitically
deleted, clarified, or amended.
B. Adopted Standards. The teen "Adopted Standards" shall include the Erosion and Sediment
Control Manual.
C. Conflicts. If any conflict should exist between the 1/rosion and Sediment Control Manual
and the Municipal Code of the City of Riverside, Missouri, the provisions of the Code shall
control.
SECTION 437.020: PERMIT REQUIRED-PROCEDURE
A. Except as herein provided, no grading, clearing, excavation, filling, storage or disposal of soil
and earth materials, or any other site disturbing activity shall hereafter occur on any site
without obtaining a site disturbance permit from the Codes Enforcement Officer in
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accordance with this Chapter. At any site where one (1) acre or more will be disturbed, a
copy of the State operating permit (also known as a storm water discharge permit) issued by
the Water Pollution Control Program of the Department of Natural Resources shall be
attached to the application for a site disturbance pernit at the time the applicatio^ is
submitted to the Planning Commission for consideration.
B. Grading in preparation for any development requiring a rezoning conditional use permit, site
plan, or subdivision of land shall not be inconsistent therewith and shall not be approved until
such subdivision preliminary plat has been approved or, where no subdivision is required or
contemplated for the development, upon approval of the rezoning conditional use permit, or
site plan. Am application for a site disturbance or grading permit shall be in writing on forms
provided by the Codes Enforcement Officer and filed with the Offcer. Unless waived by the
Officer, the application shall be accompanied by duplicate copies of the following documents
and information:
Contoured development map showing existing contours of the site and adjoining strips of
non-site property and proposed contours after completion of the proposed grading and
development, based on United States Geological Survey datum, with established
elevations at buildings, walks, drives, street and roads; and information on necessary
clearing and grubbing, removal of existing structures, excavating, filling, spreading and
compacting; the Codes Enforcement Officer, at his/her discretion, may require the
development map to be prepared and sealed by a licensed professional engineer or land
surveyor;
2. An accurate proposed plot plan showing the location of the grading site, a description of
the type and features of the soil, and details of all structures, walls, cribbing and surface
protection;
3. Name and address of owner;
4. Site address;
5. Estimated grading quantity;
6. Details of site drainage system;
7. A proposed erosion and sediment control plan;
8. Construction access to site;
9. Location of temporary off-street parking;
10. The estimated schedule of operations, including the dates of starting and completion of
grading work;
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11. Sources of off-site fill material or spoil sites. All information relative to haul routes,
trucks and equipment; and
]2. A recent aerial photograph, or a detailed topographical map showing tree canopy, in the
same scale as the development plan.
SECTION 437.025: EROSION AND SEDIMENT CONTROL PLAN
The following information shall be provided with respect to the conditions existing on-site
during site disturbing or filling activities or soil storage, and after final structures and
improvements have been completed:
1. Maximum surface runoff from the site, calculated using the adopted standards;
2. Sediment yield, calculated using the adopted standards;
3. A delineation and brief description of the measures undertaken to retain sediment from
the site, including, but not limited to, designs and specifications for berms and sediment
detention basins, and a schedule for maintenance and upkeep;
4. A delineation and brief description of the surface runoff and erosion control measures to
be implemented, including, but not limited to, types and method of applying mulches,
designs and specifications for diverters, dikes and drains, and a schedule for their
maintenance and upkeep;
5. A delineation and brief description of the vegetative measures to be used, including, but
not limited to, seeding methods, the type, location, and extent ofpre-existing undisturbed
vegetation types and vegetation to remain and a schedule for maintenance and upkeep;
6. Proposed conditions of the site in accordance with the phases outlined in the adopted
standards;
7. Alternative methods of stabilizing the site when either seeding was not performed in
accordance with the schedule, or was performed and was not effective;
8. The location and description of each temporary and permanent erosion and sediment
control measure; and
9. The estimated needed duration of the permit, as defined by Section 437.065.
SECTION 437.030: EXCEPTIONS
Except for any site disturbing or grading in anticipation of or in preparation for construction
of buildings or any construction or development that would require rezoning, site plan
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approval or amendment or subdivision of the land, a site disturbance permit shall not be
required in the following instances:
Site disturbances less than one (1) acre but greater than three hu~zdred (300) square feet.
The site disturbance activity is required to comply with the city's adopted standards and
the person shall install erosion and sediment control measures. If an application for a
building permit has been submitted or an application is required to be submitted to
perform the site disturbance activity, the Codes Enforcement Officer will be responsible
for administering and enforcing the City's adopted standards through the City's Building
Code (Title V). If an application for a building pernit has not been submitted or an
application is not required to perform the site disturbance activity, the City Engineer will
be responsible for administering and enforcing the City's adopted standards;
2. Site dislza•bar2ces less than or equal to three lttuadred (300) square feet. The site
disturbance activity does not have to comply with the City's adopted standards, however,
the activity is subject to the City's nuisance (Chapter 215) and solid waste (Chapter 225)
codes;
3. Site disturbmice activities by city deparh~2e~its. The City is required to comply with the
requirements of the City's general permit issued by the State, and, if applicable, the city's
adopted standards and the City's Building Code;
4. Home gardens. Home gardening operations including plowing or tilling of land for the
purposes of growing flowers and/or vegetables;
5. Worlt to correct or remedy emergencies. This includes situations that pose an immediate
danger to life or property, or substantial flood or fire hazards; and
6. Routi~ie agricultural crop management practices. As described in Section 437.010:
Definitions.
SECTION 437.040: SURETY
[Unchanged]
SECTION 437.050: STANDARDS-SAFETY PRECAUTION
[Unchanged]
SECTION 437.060: INSPECTIONS
[Unchanged]
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SECTION 437.065: DURATION OF PERMIT
A. The site disturbance or grading permit shall be valid from the time that it is issued until the
site is stabilized and erosion and sediment control measures are no longer necessary. The site
will be considered stabilized when either perennial vegetation, pavement, buildings, or
structures using permanent materials cover all areas that have been disturbed. In order to
terminate the site disturbance permit, the applicant shall submit a written request to terminate
the permit to the City. The City, through its employees and/or designees, will then inspect
the site and make a determination as to whether the permit can be terminated. The applicant
will be notified in writing of the deternination.
B. If the applicant sells the property before the termination of the site disturbance or grading
permit issued under this Chapter, the permit may be assigned to the new owner, if such
assignment is approved in writing by the City.
C. If the applicant sells any portion of the property before the termination of the site disturbance
or grading permit issued under this Chapter, the applicant will remain responsible for that
portion until one of the following events occur:
1. The new owner of the property obtains a site disturbance permit;
2. The new owner of the property obtains or is required to obtain a building permit. When a
new owner has contiguous lots totaling less than one acre and obtains or is required to
obtain a building permit he or she may design an erosion and sediment plan for the
contiguous lots as approved by the Codes Enforcement Officer.
SECTION 437.070: USE OF STREETS DURING GRADING
[Unchanged]
SECTION 437.080: CONDITION OF STREETS
[Unchanged]
SECTION 437.090: llAMAGE TO STREETS, ETC.
[Unchanged]
SECTION 437.100: CONSTRUCTION DIRT, llEBRIS, AND NOISE
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[Unchanged]
SECTION 437.110: CORRECTION OF llEFICIENCIES
[Unchanged]
SECTION 437.120: PENALTIES FOR VIOLATION
[Unchanged]
SECTION 437.130: WORK IN STREETS--PERMIT
[Unchanged]
TITLE VII. UTILITIES
CHAPTER 703: STORM DRAINAGE SYSTEM REGULATIONS
SECTION 703.010: PURPOSE/INTENT
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of Riverside, Missouri through the regulations of non-storm water
discharges to the storm drainage system to the maximum extent practicable as required by
federal and state law. This ordinance establishes the methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4) in order to comply with
the requirements of the National Pollution Discharge Elimination System (NPDES) permit
process. The objectives of this ordinance are:
1. To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) through storm water discharge by any user;
2. To prohibit Illicit Connections and Discharges to the MS4; and
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
SECTION 703.020: DEFINITIONS
AUTHORIZED ENFORCEMENT AGENCY: The Codes Enforcement Officer and/or the City
Engineer of the City of Riverside, Missouri, who are authorized to enforce this Chapter.
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BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge of
pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance
systems. BMPs also include treatment practices, operating procedures, and practices to control
site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT: The federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.) and
any subsequent amendments thereto.
CONSTRUCTION AC77VITY: Activities subject to NPDES Construction Permits. Such
activities include, but are not limited to, clearing and grubbing grading, excavating, and
demolition.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential hazard
to human health, safety, property, or the environment when improperly treated, stored,
transported, disposed of, of otherwise managed.
ILLEGAL DISCHARGE: Any direct or indirect non-storm water discharge to the storm drain
system, except as exempted in Section 703.060 of this Chapter.
ILLICIT CONNEC770NS: An illicit comiection is defined as either of the following. (1) any
drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system including, but not limited to, any conveyances which allow any
non-storm water discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed, permitted, or
approved by au authorized enforcement agency; or (2) 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 an authorized enforcement agency.
INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section f22.26(b)(l4).
NATIONAL POLLUTION DISCHARGE ELIMINA770N SYSTEM (NPDES) STORM WATER
DISCHARGEYEIZMIT: A permit issued by the United States Environmental Protection Agency
(EPA), or by a State department or agency under authority delegated pursuant to 33 U.S.C.
§ 1342(b), that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area-wide basis.
NON-STORM WATER DISCHARGE: Any discharge to the storm drain system that is not
composed entirely of storm water.
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PERSON: Any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
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 and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, and accumulations, so that same 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 frotn the construction of a building or structure; and noxious or offensive matter of
any kind.
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTF,M: Publicly-owned facilities by which storm water is collected
and/or conveyed, including, but not limited to, any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs, swales, and other
drainage structures.
STORM WATER: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
STORM WATER POLLUTION PREVF,NTION 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 action to eliminate or reduce pollutant
discharges to Stonn Water, Stonn Water Conveyance Systems, and/or Keceiving Waters to the
Maximum Extent Practicable.
WASTE WA7ER: Any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
SECTION 703.030: APPLICABILITY
This Chapter shall apply to all water entering the Storm Drainage System generated on any
developed and undeveloped lands unless explicitly exempted by au authorized enforcement
agency.
SECTION 703.040: RESPONSIBILITY FOR ADMINISTRATION
The authorized enforcement agency shall administer, implement, and enforce the provisions
of this Chapter. Any powers granted or duties imposed upon the authorized enforcement
agency may be delegated in writing by the Board of Aldermen of the City of Riverside,
Missouri to persons or entities acting in the beneficial interest of or in the employ of the
agency.
SECTION 703.050: ULTIMATE RESPONSIBILITY
The standards set forth herein and promulgated pursuant to this Chapter are minimum
standards. Therefore this Chapter does not intend or imply that compliance by any person
will ensure that there will be no contamination, pollution, or unauthorized discharge of
pollutants.
SECTION 703.060: DISCHARGE PROHIBITIONS
A. Prohibition2 of Illegal Dischagges. No person shall discharge or cause to be discharged into
the municipal storm drainage system or watercourses any 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 storm water. The commencement,
conduct, or continuance of any illegal discharge to the storm drainage system is prohibited
except as described as follows:
The following discharges are exempt from discharge prohibitions established by this
Chapter: Water line flushing or other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, rising ground water, ground water infiltration to storm
drains, uncontaminated pumped gromid water, foundation or footing drains (not including
active groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, non-commercial washing of vehicles, natural riparian habitat or
wetland flows, swimming pools (if dechlorinated -typically less than one PPM chlorine),
fire fighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the authorized enforcement agency as being necessary
to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a written notification to the authorized
enforcement agency prior to the time of the test.
4. The prohibition shall not apply to any non-storm water discharge permitted under au
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the EPA, provided that the discharger is in lull
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 drainage system.
B. Prohibition oflllicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to the
stone drainage system is prohibited.
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2. A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
SECTION 703.070: SUSPENSION OF MS4 ACCESS
A. Suspension Due to Illicit Discharges in Emergency Situations. The authorized enforcement
agency may, without prior notice, suspend MS4 discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents or may
present imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the authorized enforcement agency may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United
States, or to minimize danger to persons.
B. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in
violation of this Chapter may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator
of the proposed termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing. A person violates this Section if the
person reinstates MS4 access to premises terminated pursuant to this Section, without the
prior approval of the authorized enforcement agency.
SECTION 703.080: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES
Any person subject to an individual or construction activity NPDES Storm Water Discharge
Permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the authorized enforcement agency prior to the
allowing of discharges to the MS4.
SECTION 703.090: MONITORING OF DISCHARGES
A. applicability. This Section applies to all facilities that have storm water discharge associated
with industrial activity, including construction activity.
B. Access to Facilities.
The authorized enforcement agency shall be permitted to enter and inspect facilities
subject to regulation under this Chapter as often as may be necessary to determine
compliance with this ordinance. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger
shall make the necessary arrangement to allow access to representatives of the authorized
enforcement agency.
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2. Facility operators shall allow the authorized enforcement agency ready access to all parts
of the premises for the purposes of inspection, sampling, examination and copying of
records that must be kept under the conditions of an NPDES permit to discharge storm
water, and the performance of any additional duties as defined by State and Federal law.
3. The authorized enforcement agency shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement agency to
conduct monitoring and/or sampling of the facility's storm water discharge.
4. The authorized enforcement agency shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stone water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral
request of the authorized enforcement agency and shall not be replaced. 1'he costs of
clearing such access shall be borne by the operator.
6. Unreasonable delays in allowing the authorized enforcement agency access to a permitted
facility is a violation of a stone water discharge permit and of this Section. A person
who is the operator of a facility with a NPDES permit to discharge storm water
associated with industrial activity commits an offense if the person denies the authorized
enforcement agency reasonable access to the permitted facility for the purpose of
conducting any activity authorized or required by this Chapter.
7. If the authorized enforcement agency has been refused access to any part of the premises
from which storm water is discharged, and he/she is able to demonstrate probable cause
to believe that there may be a violation of this Chapter, 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 Chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a search warrant from any court of competent jurisdiction.
SECTION 703.100: REQUIREMENT TO PREVENT, CONTROL, ANU REDUCE
STORM WATER POLLUTANTS BY THE USE OF BEST
MANAGEMENT PRACTICES (BMPs)
The authorized enforcement agency will adopt requirements identifying Best Management
Practices (BMPs) for any activity, operation, or facility which may cause or contribute to
pollution or contamination of storm water, the storm drainage system, or waters of the United
States. The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited materials or
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other wastes into the municipal storm drainage system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a property or
premises, which is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid NPD>/S permit authorizing the discharge of storm water associated with
industrial activity, to the extent practicable, shall be deemed compliance with the provisions
of this Section. These BMPs shall be part of a storm water pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
SECTION 703.110: WATERCOURSE PROTECTION
Every person owning property through which a watercourse passes, or such person's lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical iutegrity of the
watercourse.
SECTION 703.120: NOTIFICATION OF SPILLS
Notwithstanding other requirements of 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 material which is resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm drain system, or water of the
United States, 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 hazardous materials said person
shall immediately notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of non-hazardous materials, said person shall
notify the authorized emergency agency in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be conf rmed by written notice
addressed and mailed to the authorized enforcement agency within three (3) business days of
the phone notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-
site written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
SECTION 703.130: ENFORCEMENT
A. Notice of Violations. Whenever the authorized enforcement agency finds that a person has
violated a prohibition or failed to meet a requirement of this Chapter, the authorized
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enforcement agency may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation auy and/or all of the following:
I . The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
B. Abateme~it and/or Restoratio~z. if abatement of a violation and/or restoration of affected
property is required, the notice shall set forth a deadline within which such remediation or
restoration must he 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 a designated
governmental agency or a contractor and the expense thereof shall be charged to the violator.
SECTION 703.140: APPEAL OF NOTICE OF VIOLATION
Any person receiving a Notice of Violation may appeal the determination of the authorized
enforcement agency. The Notice of Appeal must be received within ten (10) days of the date
of the Notice of Violation. Hearing on the appeal before the Board of Aldermen shall be at
the next available meeting of the Board after the date of receipt of the notice of appeal. The
decision of the Board of Aldermen or its designee shall be final.
SECTION 703.150: ENFORCEMENT MEASURES AFTER APPEAL
If the violation has not been corrected pursuant to the requirements set forth iu the Notice of
Violation, or, in the event of an appeal, within seven (7) days of the decision of the Board of
Aldermen upholding the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency shall enter upon the subject private property and are
authorized to take any and all measures necessary to ahate 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 government agency or designated contractor to enter upon the
premises for the purposes set forth above.
SECTION 703.160: COST OF ABATEMENT OF THE VIOLATION
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Within thirty (30) days after abatement of the violation, the owner of the property will be
notified of the cost of abatement, including administrative costs. The property owner may
file a written protest objecting to the amount of the assessment within ten (10) days. If the
amount due is not paid within a timely manner as determined by the decision of the Board of
Aldernen or by the expiration of the time in which to file an appeal, the charges shall
become a special assessment against the property and shall constitute a lien on the property
for the amount of the assessment.
SECTION 703.170: INJUNCTIVE RELIEF
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Chapter. If a person has violated or continues to violate the provisions
of this Chapter, the authorized enforcement agency may petition for a preliminary or
permanent injunction restraining the person fi-om activities which would create further
violations or compelling the person to perforn abatement or remediation of the violation.
SECTION 703.180: COMPENSATORY ACTION
In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the
authorized enforcement agency may impose upon a violator alterative compensatory
actions, such as storn drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
SECTION 703.190: VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Chapter is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance maybe taken.
SECTION 703.200: CRIMINAL PROSECUTION
Any person that has violated or continues to violate this Chapter shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to the criminal penalties
established by Section 100.080 of the Code.
SECTION 703.210: REMEDIES NOT EXCLUSIVE
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The remedies listed in this Chapter are not exclusive of any other remedies available under
any applicable Federal, State, or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri
amended herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance, or the application thereof to any circumstances, is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 4. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section 5. This ordinance shall take effect immediately.
Passed this ~ ~ ~~~ay of June, 2003.
~ i t t .,
MAYOR
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