§ 13.30.010. General provisions.
A.
Purpose. The purpose and objective of this chapter are as follows:
1.
To maintain and improve the quality of surface water and groundwater within the city;
2.
To prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential, and construction sites into the storm sewer system and natural waterways within the city;
3.
To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers of the city;
4.
To encourage recycling of used motor oil and safe disposal of other hazardous consumer products;
5.
To facilitate compliance with state and federal standards and permits by owners of industrial and construction sites within the city; and
6.
To enable the city to comply with all federal and state laws and regulations applicable to its NPDES permit for stormwater discharges.
B. Administration. Except as otherwise provided herein, the city engineer, city building inspector or the director of public works, or his or her designee, shall administer, implement and enforce the provisions of this chapter. These positions will be referenced throughout the ordinance from which this chapter was derived as city officer.
C.
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
"Best Management practices" 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 storm sewer system. The BMP's required in this chapter will be sufficient to prevent or reduce the likelihood of pollutants entering storm sewers, ditches, or ponds.
"Commencement of construction" means the disturbance of soils associated with clearing, grading, or excavating activities or other construction activities.
"Contractor" means any person or firm performing construction work at a construction site, including any general contractor and subcontractors. It also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical, landscaping contractors, and material suppliers delivering materials to the site.
"Discharge" means any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the storm sewer system or into waters of the United States.
"Discharger" means any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any owner of a construction site or industrial facility.
"Earthwork" means the disturbance of soils on a site associated with clearing, grading, or excavation activities.
"Facility" means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
"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 seventy percent coverage for unpaved areas and those not covered by permanent structures or equivalent permanent stabilization measures (by employing riprap, gabions, or geotextiles).
"Fire protection water" means any water, and any substances or materials contained therein, used by any person to control or extinguish a fire, or to inspect or test fire equipment.
"Individual building sites" means and includes sites of building construction or earthwork activities.
"Industry" means and includes: (a) municipal landfills; (b) hazardous waste treatment, disposal, and recovery facilities; (c) industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) 42, U.S.C. Section 11023; industrial facilities required to obtain NPDES stormwater discharge permits due to their standard industrial classification or narrative description; and (d) industrial facilities that the city officer determines are contributing a substantial pollutant loading to the stormsewer system, which are sources of stormwater discharges associated with industrial activity.
"Kansas general permit for stormwater discharges associated with industrial activity" and "industrial general permit" mean the industrial general permit issued by KDHE and any subsequent modifications or amendments thereto, including group permits.
"Kansas general permit for stormwater discharges from construction sites" and "construction general permit" mean the construction general permit issued by KDHE and any subsequent modifications or amendments thereto, including group permits.
"Storm sewer system" means the system of conveyances, (including roads with drainage systems, municipal streets, catch basins, curb and gutters, ditches, manmade channels, natural waterways within the city or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater.
"NPDES permit" means for the purpose of this chapter, a permit issued by EPA or the State of Kansas that authorizes the discharge of stormwater pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
"Nonpoint source" means the source of any discharge of a pollutant that is not a point source.
"Notice of intent (NOI)" means the notice of intent that is required by either the industrial general permit or the construction general permit.
"Notice of termination (NOT)" means the notice of termination that is required by either the industrial general permit or the construction general permit.
"Notice of violation (NOV)" 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.
"Owner" means the person who owns a facility, part of a facility, or land.
"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities.
"Point source" means any discernable, confined, and discrete conveyance including, but not limited to: any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
"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, yard waste, hazardous household wastes, used motor oil, anti-freeze, litter, and industrial, municipal, and agricultural waste discharged into water.
"Pollution" means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the 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 water for any lawful or reasonable purpose.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the storm sewer system or the waters of the United States.
"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.
"Stormwater" means storm runoff, snowmelt runoff, and surface runoff and drainage.
"Stormwater discharge associated with industrial activity" means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is listed as one of the categories of facilities in 40 CFR Section 122.26(b)(14), and which is not excluded from EPA's definition of the same term.
"Stormwater pollution prevention plan (SWPPP)" means a plan required by an industrial general permit or the construction general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction or industrial activity.
"Subdivision" means the division of a tract of land, into two or more lots or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, and division of a parcel of land. The term "subdivision" shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use or other purposes.
"Waters of the United States" means any waters within the federal definition of "waters of the United States" at 40 CFR Section 122.2, but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act.
(Ord. 4198 § 1, 2009)
(Ord. No. 4205, §§ 1, 2, 8-17-2009)