CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 8. STORMWATER

It shall be unlawful for any owner, agent, tenant, or other person occupying or having charge or control of any property or premises to permit contaminated stormwater runoff from industrial, commercial, residential, and construction sites into the municipal storm sewer system (MS3) or waters of the United States.

(Ord. 468, Sec. 1; Code 2003)

Unless specifically stated otherwise, the following terms and phrases, as used in this article shall have the meanings hereinafter designated:

(a)   Best Management Practices (BMP) means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States or the city’s MS3. Best Management Practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage areas. The BMP’s required in this article will be sufficient to prevent or reduce the likelihood of pollutants entering storm sewers, ditches, or ponds.

(b)   City means the City of Rose Hill.

(c)   Commencement of Construction means the disturbance of soils associated with clearing, grading, or excavating activities or other construction activities.

(d)   Commercial means pertaining to any business, trade, industry, or other activity engaged in for profit.

(e)   Contractor means any person or firm performing construction work at a construction site, including any general contractor and subcontractors. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical, landscaping contractors, and material suppliers delivering materials to the site.

(f)    Discharge means any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal storm sewer system (MS3) or into waters of the United States.

(g)   Earthwork means the disturbance of soils on a site associated with clearing, grading, or excavation activities.

(h)   Final Stabilization means the status when all soil disturbing activities at a site have been completed. This would establish a uniform perennial vegetative cover with a density of 70% coverage for unpaved areas and those not covered by permanent structures or equivalent permanent stabilization measurers (by employing riprap, gabions, or geotextiles).

(i)    Individual Building Sites means and includes sites of building construction or earthwork activities that are not a part of a new subdivision development and any individual lot within a newly developing subdivision.

(j)    Municipal Storm Sewer System (MS3) means the system of conveyances, (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

(k)   NPDES shall mean National Pollutant Discharge Elimination System.

(l)    Notice of Violation means a written notice provided to the owner or contractor detailing any violations of this chapter and any clean-up action expected of the violators.

(m)  Owner means the person who owns a facility, part of a facility, or land.

(n)   Pollutant means dredged spoil, spoil waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, clay, yard waste, hazardous household wastes, used motor oil, antifreeze, litter, and industrial, municipal, and agricultural waste discharged into water.

(o)   Pollution means the alteration or the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the waters for any lawful or reasonable purpose.

(p)   Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

(q)   Stormwater means stormwater runoff, snow melt runoff, and surface runoff, and drainage.

(r)    Subdivision Development means and included activities associated with the platting of any parcel of land into two or more lots and includes all construction taking place thereon.

(s)    Yard Waste means leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.

(Ord. 468, Sec. 2; Code 2003)

The following general requirements shall apply to all sites:

(a)   The owners of construction sites shall ensure that best management practices are used to control and reduce the discharge of pollutants into the MS3 or waters of the United States to the maximum extent possible under the circumstances.

(b)   While securing a building permit all contractors or property owners shall sign a copy of the following certification statement before beginning work on the site: I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) that authorizes the stormwater discharges associated with construction activity from the construction site identified  as part  of this certification and with the Stormwater Pollution Prevention Ordinance for the construction site.

(c)   Qualified personnel (provided by the owner of the construction site) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of the storm that is one-half inch or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the stormwater master drainage plan shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS3. Locations where vehicles enter or exit the site shall be inspected for evidence of off-sediment tracking.

(d)   Should it be found that soil or pollutants have already or may be carried into the MS3 or waters of the United States, immediate measures will be taken by the owner to remedy the violation and/or remove the pollutants. If the owner fails to remove pollutants within the time period prescribed in the notice of violation from the city, the city may remove the pollutants and assess the cost thereof to the responsible owner. Failure of the owner to pay the costs will be grounds for the denial of further approvals or the withholding of occupancy certificates.

(e)   Upon final stabilization of the construction site, the owner shall submit written certification to the enforcing officer that the site has been finally stabilized. The city may withhold the final occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the enforcement officer has determined, following any appropriate inspection, that final stabilization has occurred and that any required permanent structural controls have been completed.

(Ord. 468, Sec. 3; Code 2003)

The developer of a subdivision will be responsible for developing and implementing an overall master stormwater drainage plan for the subdivision. The plan shall include a pollution prevention plan and BMP’s to be used on individual lot building sites.

(a)   City contractors installing public streets; water, sanitary sewer, storm sewer lines; and/or sidewalks will be required to comply with the developer’s stormwater drainage plan and sign the appropriate contractor certification statement. For work in public right-of-way or easements the city shall be responsible for preparing and implementing the storm water drainage plan.

(b)   Any utility company installing utilities within a new subdivision will be required to comply with the developer’s stormwater drainage plan and sign the appropriate contractor certification statement. For work in public right-of-way or easements the utility company shall be responsible for preparing and implementing the storm water drainage plan.

(c)   The purchasers of individual lots within the subdivision shall comply with the developer’s stormwater drainage plan and sign the appropriate contractor certification statement agreeing to do so.

(Ord. 468, Sec. 4; Code 2003)

The owner of any drainage ditch or pond that empties into the city’s municipal storm sewer system or the waters of the United States has a duty to use BMP’s on the ditches or pond to minimize the pollutant levels downstream. Such BMP’s include, but are not limited to, removing excessive build- up of silt, repairing bank erosion, maintaining vegetative cover, the cleaning of inlet and outlet works, and the like. The city will periodically inspect these privately owned ditches and ponds. Should conditions be found that cause pollution of downstream receiving waters, the enforcement officer shall so notify the owners, and state what actions are expected by the owners to remedy the problem. Should the owners fail to make the necessary repair within 120 days after notice, the city is authorized to do the repairs at the expense of the owner. Should the owner fail to reimburse the city for the costs of the repairs upon demand, the city may assess the cost thereof to the owner as described in section 15-808.

(Ord. 468, Sec. 5; Code 2003)

For the purposes of and to effect this article, enforcing officer is whom the mayor with consent of the council shall designate.

(Ord. 468, Sec. 6; Code 2003)

The enforcing officer is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any party responsible for noncompliance. Such order shall include specific action to be taken by the discharger to correct the noncompliance within a time period specified by the order. The enforcing officer may issue a stop work order if they believe any owner or contractor on a construction site has violated, or continues to violate, any provision of this article or any order issued thereunder. The enforcing officer may also provide written notice to the owner, occupant or agent in charge of any premises in the city which is in violation of this article. Such notice shall be served upon such owner, occupant, or agent in charge by certified mail, return receipt requested, or by personal service, and shall include the following:

(a)   Specific notice that the owner, occupant or agent in charge of the property is in violation of this article;

(b)   An order directing the owner, occupant or agent in charge of the property to abate the violation within 10 days;

(c)   Notice that the owner, occupant or agent in charge of the property may appeal the notice by requesting, within three days of receipt of the notice and in a written notice of appeal directed to the governing body and city clerk, a hearing before the governing body or its designated representative;

(d)   Notice that if the owner, occupant or agent in charge of the property fails to abate the violation, the city may proceed to abate the violation and assess the costs of the abatement, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property;

(e)   Notice that the owner, occupant or agent in charge of the property shall be provided an opportunity to pay the assessment and, if the assessment is not paid, the city shall cause an amount equal to such assessment to be assessed against the property as a special assessment as provided by this article;

(f)    Notice that the enforcing officer should be contacted if there are any questions regarding the order.

Notwithstanding any other provision of this article or of law, any and all notices required by this article shall also be served upon the owner.

Should there occur a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, the city may not recover any costs or levy an assessment for costs of abating the violation on such property unless the record owner of title to such property is provided notice as required by this article.

(Ord. 468, Sec. 7; Code 2003)

(a)   If within 10 days after receipt of the notice required by section 15-807 the owner, occupant or agent in charge of the property neglects or fails to comply with the directives contained in the notice provided for in section 15-807, and such owner, occupant or agent in charge fails to timely file a notice of appeal as provided in section 15-807(c) and section 15-814, the enforcing officer shall abate the violation created thereby at any time during the current calendar year.

(b)   The costs incurred by the city for any action undertaken by the enforcing officer pursuant to or incidental to section 15-807 of this article shall be reported in detail and in writing by the officer to the city clerk. The city clerk shall keep an account of such costs, as well as any and all costs of notices, service and/or mailing notices, and publication of notices, required by this article. The city clerk shall immediately cause the reportings and accountings required by this section to be entered in the appropriate city record and shall report the same to the governing body.

(c)   The city clerk shall, within 10 days of receipt of the enforcing officer’s report of costs, give notice by restricted mail to the owner, occupant or agent in charge of the property of the costs required to be reported by subsection (b) of this section, and such notice shall include a statement requiring payment of the costs to the city within 30 days following receipt of the notice. Should the owner, occupant or agent in charge of the property refuse to take delivery of the notice and return is made to the city indicating such refusal, the city clerk shall send to the owner, occupant or agent in charge of the property, by first class mail, the notice previously sent a receipt by the owner, occupant or agent in charge of the property shall be deemed to have occurred upon such mailing. The city clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.

(d)   Should the costs remain unpaid after 30 days of receipt of the notice provided for in this article, the city clerk shall, at the time required by law for the certification of other city taxes, certify the unpaid portion of the costs to the Butler county clerk for extension of the same on the county tax rolls against the property upon which the weeds were located.

(e)   In addition to levying a special assessment against the property upon which the violations were located as provided for in this section, the city may also elect to collect the unpaid portion of the costs provided for herein in the manner provided by K.S.A. 12-1,115 and amendments thereto, and may pursue such remedy without limiting its ability to levy special assessment, but only until such time as the full costs and any applicable interests has been paid in full.

(Ord. 468, Sec. 8; Code 2003)

When and if paid, all moneys received from special assessments levied under the provisions of this article, or from an action under K.S.A. 12-1,115 and amendments thereto, shall be placed in the general fund of the city.

(Ord. 468, Sec. 9; Code 2003)

In the event the owner, occupant or agent in charge of the property fails to comply as set forth in section 15-806 of this article and it becomes necessary for the enforcing officer to remove and abate the violation, such officer is hereby authorized to contract for and obtain such services and equipment, public or private, the officer deems necessary and appropriate to complete the tasks enumerated herein, and the enforcing officer shall adhere to and comply with all applicable laws, regulations, ordinances and city policies concerning procurement of services.

(Ord. 468, Sec. 10; Code 2003)

The enforcing officer is hereby authorized to enter upon private property at all reasonable hours for the purpose of abating a violation in a manner not inconsistent with this article, and for the purpose of effecting any other lawful purposes of this article.

(Ord. 468, Sec. 11; Code 2003)

It shall be unlawful for any person to interfere or attempt to interfere with, or to prevent or attempt to prevent, the enforcing officer from entering upon any property of from proceeding to abate a violation, or from accomplishing any other lawful purpose of this article. Any person violating this section shall be guilty of a code violation.

(Ord. 468, Sec. 12; Code 2003)

(a)   In addition to the notice provided for in section 15-807, the enforcing officer shall issue to the owner, occupant or agent in charge of the property a Uniform Complaint and Notice to Appear charging a violation of section 15-801 of this article. Should such owner, occupant or agent in charge of the property contest the charge, the city shall not be precluded from abating the nuisance created thereby during the pendency of the case.

(b)   Any person found guilty, or entering a plea of guilty or nob contender to violating section 15-801 shall be fined as follows:

(1)   Failure to prepare a stormwater pollution prevention plan: up to $2,000 per violation;

(2)   Failure to install best management practices: up to $1,800 per violation;

(3)   Failure to maintain best management practices: up to one $1,000 per violation;

(c)   Any person convicted and fined pursuant to this article shall also be assessed court costs as provided by city ordinance 461, 9-107.

(d)   Each day which noncompliance shall occur or continue shall be deemed a separate and distinct violation.

(Ord. 468, Sec. 13; Code 2003)

Any violator that is subject to the administration penalty or stop work order processes may request a hearing and appeal as follows:

(a)   Any party affected by a penalty, order, directive or determination issued or made, pursuant to this article may, within three days of the issuance of such penalty, order, directive, or determination request a hearing before the governing body to show cause why such should be modified or made to not apply to such person. Such requests shall be made in writing and addressed to the governing body and city clerk. The governing body shall hold the requested hearing as soon as practical after receiving the request, at which time the enforcement officer shall present the facts of the case and the person affected shall have the opportunity to be heard. At the conclusion of the hearing, the governing body or their designee shall issue a written response to the person requesting the hearing affirming, modifying, or rescinding the penalty, order, directive, or determination issued or made.

(b)   Any party aggrieved by the decision of the governing body may appeal such decision in a manner provided by state law.

(Ord. 468, Sec. 14; Code 2003)