10-10544 Illicit Discharge1
1
1
(Published in the Salina Journal on May, 2010.)
ORDINANCE NUMBER 10-10544
AN ORDINANCE AMENDING CHAPTER 24 OF THE SALINA CODE BY ADDING
ARTICLE II PERTAINING TO ILLICIT DISCHARGE.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Chapter 24, Article II of the Salina Code is hereby added is follows:
ARTICLE II. ILLICIT DISCHARGE
Sec. 24-11. Purpose and findings.
(a). The purpose of this Code shall be to prevent the discharge of pollutants from land and
activities within the City into the municipal separate storm sewer system (MS4) and/or into
surface waters.
(b). The Governing Body of the City of Salina hereby finds that pollutants are discharged into
surface waters, both through inappropriate non-stormwater discharges into the MS4 or the
surface waters directly, and through the wash off and transport of pollutants found on the
land and built surfaces by stormwater during rainfall events.
(c). Further, the Governing Body of the City of Salina hereby finds that such discharge of
pollutants may lead to increased risks of disease and harm to individuals, particularly
children, who come into contact with the water; may degrade the quality of such water for
human uses, such as drinking, irrigation, recreation, and industry; and may damage the
natural ecosystems of rivers, streams, lakes and wetlands, leading to a decline in the
diversity and abundance of plants and animals.
(d). Further, the Governing Body of the City of Salina hereby finds that this ordinance will
promote public awareness of the hazards involved in the improper discharge of trash, yard
waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into the storm drainage
system.
(e). Further, the Governing Body of the City of Salina hereby finds that such discharges are
inconsistent with the ,provisions and goals of the Clean Water Act, the National Pollutant
Discharge Elimination System (NPDES), and other federal and state requirements for water
quality and environmental preservation.
(f). Further, the Governing Body of the City of Salina hereby finds that a reasonable
establishment of restrictions and regulations on activities within the City is necessary to
eliminate or minimize such discharges of pollutants, to protect the surface waters of the
community, to protect the health and safety of citizens, to protect the MS4 from damage
and/or dimunition of performance, to protect property owners from harm caused by the
actions of others, to preserve economic and ecological value of existing water resources
within the City and within downstream communities, and to comply with the provisions of
the City's responsibilities under the Clean Water Act and the NPDES program.
Sec. 24-12. Definitions.
For the purposes of this article, the following shall mean:
"Authorized Enforcement Agency" employees or designees of the director of the municipal
agency designated to enforce this ordinance.
"Best Management Practices (BMPs) " schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational practices, maintenance
procedures; and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater 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.
"Car" means any vehicle meeting the definition for passenger car, passenger van, pickup truck,
motorcycle, recreational vehicle, or motor home given in Section 38.82 of the Code.
"City" means the City of Salina, Kansas.
"City Engineer" means the City Engineer of the Engineering Division of the Public Works
Department or the City Engineer's authorized representative.
M
L2
Z
W
IV
i
"Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
"Code" means the Salina Municipal Code.
"Construction Activity" means the activities subject to NPDES Construction Permits. Such
activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
"Discharge" means the addition or introduction, directly or indirectly, of any pollutant,
stormwater, or any other substance into the MS4 or surface waters.
"Domestic sewage" means human excrement, gray water (from home clothes washing, bathing,
showers, dishwashing, and food preparation), other wastewater from household drains, and
waterborne waste normally discharged from the sanitary conveniences of dwellings (including
apartment houses and hotels), office buildings, retail and commercial establishments, factories,
and institutions, that is free from industrial waste.
"Extremely hazardous substance" means any substance listed in the appendices to 40 CFR Part
355, Emergency Planning and Notification.
"Fertilizer" means a substance or compound that contains a plant nutrient element in a form
available to plants and is used primarily for its plant nutrient element content in promoting or
stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more
fertilizers.
"Hazardous household waste (HHW)" means any material generated in a household (including
single and multiple residences) by a consumer which, except for the exclusion provided in 40
CFR Section 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261 or
K.A.R 28-29-23b.
"Hazardous Materials" means 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, or otherwise managed.
"Hazardous substance" means any substance listed in Table 302.4 of 40 CFR Part 302.
"Hazardous waste" means any substance identified or listed as a hazardous waste by the EPA
pursuant to 40 CFR Part 261.
Illegal Discharge means any direct or indirect non -storm water discharge to the storm drain
system, except as exempted in Section X of this ordinance.
Illicit Connections means an illicit connection is defined as either of the following: 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 an
authorized enforcement agency or, 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 means activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section 122.26 (b)(14).
"Industrial waste" means any waterborne liquid or solid substance that result from any process
of industry, manufacturing, mining, production, trade, or business.
"Municipal separate storm sewer system (MS4)" means the system of conveyances, (including
roads with drainage systems, municipal streets, private 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.
"NPDES" means the national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements under Sections 307, 402, 318 and 405 of the federal Clean Water Act.
P)
"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit"
means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC §
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.
Lo
"Non -Storm Water Discharge " means any discharge to the storm drain system that is not'
Ca composed entirely of storm water.
"Oil" means any kind of oil in any form, including but not limited to: petroleum, fuel oil, crude
a
oil, synthetic oil, motor oil, bio -fuel, cooking oil, grease, sludge, oil refuse, and oil mixed with
waste.
U
"Person" means 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.
"Pesticide" means a substance or mixture of substances intended to prevent, destroy, repel, or
migrate any pest, or substances intended for use as a plant regulator, defoliant, or desiccant.
"Petroleum Product" means a product that is obtained from distilling and processing crude oil
and that is capable of being used as a fuel or lubricant in a motor . vehicle, boat or aircraft
including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline,
kerosene, distillate fuel oil and #1 and #2 diesel fuel.
"Pollutant" means 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, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coli form and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing 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.
"Property Owner" shall mean the named property owner as indicated by the records of the
Saline County Treasurer's Office;
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the MS4 and/or surface waters.
"Sanitary sewer" means the system of pipes, conduits, and other conveyances which carry
industrial waste and domestic sewage from residential dwellings, -commercial buildings,
industrial and manufacturing facilities, and institutions, whether treated or untreated, to a sewage
treatment plant and to which stormwater, surface water, and groundwater are not intentionally
admitted.
"Septic tank waste" means any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
"Sewage" means the domestic sewage and/or industrial waste that is discharged into the sanitary
sewer system and passes through the sanitary sewer system to a sewage treatment plant for
treatment.
"State" means the state of Kansas.
"Storm Sewer System" means any conveyance or system of conveyances for Stormwater,
including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains, as well as any system that meets the definition of a Municipal
Separate Storm Sewer System or "MS4" as defined by the Environmental Protection Agency in
40 CFR 122.26.
"Storm Water" means any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
"Stormwater Pollution Prevention Plan" means 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 Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the
Maximum Extent Practicable.
"Surface waters" means any body of water classified as "surface waters" by the state of Kansas,
including streams, rivers, creeks, brooks, sloughs, draws, arroyos, canals, springs, seeps, cavern
streams, alluvial aquifers associated with these surface waters, lakes, man-made reservoirs,
3
oxbow lakes, ponds, and wetlands, as well as any other body of water classified by the federal
The specific prohibitions and requirements in this section are not inclusive of all the discharges
prohibited by the general prohibition, but are provided to address specific discharges that are
frequently found or are known to occur:
(a). No person shall knowingly release or allow to be released any of the following
substances into the MS4:
1. Any new or used petroleum product or oil;
2. Any industrial waste;
3. Any hazardous substance or hazardous waste, including household hazardous
waste;
4. Any domestic sewage or ;septic tank waste, grease trap or grease interceptor
waste, holding tank waste, or grit trap waste;
5. Any garbage, rubbish or other, waste;
6. Any new or used paints, including latex -based paints, oil-based paints, stains,
varnish, and primers, as well as cleaning solvents and other associated products;
7. Any yard wastes which have been placed by a person in any portion of the MS4.
8. Any wastewater that contains soap, detergent, degreaser, solvent, or surfactant
based cleaner from a commercial motor vehicle wash facility; from any vehicle
washing, cleaning, or maintenance at any new or used motor vehicle dealership,
rental agency, body shop, repair shop, or maintenance facility; or from any
4
government as a "water of the United States".
"Waste" means any garbage, refuse, sludge or other discarded material which is abandoned or
committed to treatment, storage or disposal, including solid, liquid, semisolid or contained
gaseous materials resulting from industrial; commercial mining, community and agricultural
W
activities. Waste does not include solid or dissolved materials in domestic sewage or irrigation
return flows or solid or dissolved materials or industrial discharges which are point sources
subject to permits under the State of Kansas. The Federal definition of solid waste is found at 40
0
N
CFR 257.2.
C
O
"Wastewater" means any water or other liquid, other than uncontaminated storm water,
discharged from any source.
"Water quality standard" means the law or regulation that consists of the beneficial designated
use or uses of a water body, the numeric and narrative water quality criteria that are necessary to
protect the use or uses of that particular water body, and an anti -degradation statement.
Sec. 24-13. Applicability.
This article shall apply to all water entering the storm drain system generated on any developed
and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
Sec. 24-14. Responsibility for administration.
The City Manager shall administer, implement, and enforce the provisions of this article. Any
powers granted or duties imposed upon the authorized enforcement agency may be delegated in
writing by the Director of the authorized enforcement agency to persons or entities acting in the
beneficial interest of or in the employ of the agency.
Sec. 24-15. Severability.
The provisions of this article are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this article or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this article.
Sec. 24-16. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this article does not intend nor imply that compliance by any person will
ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
Sec. 24-17. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal storm drain 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 specific prohibitions and requirements in this section are not inclusive of all the discharges
prohibited by the general prohibition, but are provided to address specific discharges that are
frequently found or are known to occur:
(a). No person shall knowingly release or allow to be released any of the following
substances into the MS4:
1. Any new or used petroleum product or oil;
2. Any industrial waste;
3. Any hazardous substance or hazardous waste, including household hazardous
waste;
4. Any domestic sewage or ;septic tank waste, grease trap or grease interceptor
waste, holding tank waste, or grit trap waste;
5. Any garbage, rubbish or other, waste;
6. Any new or used paints, including latex -based paints, oil-based paints, stains,
varnish, and primers, as well as cleaning solvents and other associated products;
7. Any yard wastes which have been placed by a person in any portion of the MS4.
8. Any wastewater that contains soap, detergent, degreaser, solvent, or surfactant
based cleaner from a commercial motor vehicle wash facility; from any vehicle
washing, cleaning, or maintenance at any new or used motor vehicle dealership,
rental agency, body shop, repair shop, or maintenance facility; or from any
4
z
a
W
1
washing, cleaning, or maintenance of any business or commercial or public
service vehicle, including a truck, bus or heavy equipment;
9. Any wastewater from a commercial mobile power washer or from the washing
or other cleaning of a building exterior that contains soap, detergent, degreaser,
solvent, or any surfactant based cleaner;
10. Any wastewater from commercial floor, rug, or carpet cleaning;
11. Any wastewater from the commercial washdown or other commercial cleaning
of pavement that contains any soap, detergent solvent, degreaser, emulsifier,
dispersant, or other cleaning substance; or any wastewater from the wash -down
or other cleaning of any pavement where any spill, leak, or other release of oil,
motor fuel, or other petroleum or hazardous substance has occurred, unless all
such materials have been previously removed;
12. Any effluent from a.cooling tower, condenser, compressor, emissions scrubber,
emission filter, or the blowdown from a boiler;
13. Any ready -mixed concrete, mortar, ceramic, or asphalt base material or
discharge resulting from the cleaning of vehicles or equipment containing or
used in transporting or applying such material;
14. Any runoff, washdown water or waste from any animal pen, kennel, fowl or
livestock containment area ;
15. Any filter backwash from a swimming pool or fountain, except that nothing in
this ordinance shall be construed as to require the alteration of the filter
discharge plumbing of an existing swimming pool, fountain or spa if such
plumbing was compliant with applicable state, federal, and local regulations at
the time of construction;
16. Any swimming pool, fountain or spa water containing a harmful level of
chlorine (> 1 parts per million), muriatic acid or other chemical used in the
operation of the pool or treatment or disinfection of the water or during cleaning
of the facility at the point of discharge in to surface waters;
17. Any discharge from water line disinfection by super chlorination if it contains a
harmful level of chlorine (>1 parts per million) at the point of entry into surface
waters;
18. Any contaminated runoff from a vehicle wrecking or storage yard;
19. Any substance or material that will damage, block, or clog the MS4;
20. Any release from a petroleum storage tank (PST), or any leachate or runoff from
soil contaminated by leaking PST; or any discharge of pumped, confined, or
treated wastewater from the remediation of any such PST release, unless the
discharge has received an NPDES permit from the state;
21. Any other discharge that causes or contributes to causing the City to violate a
state water quality standard, the City's NPDES stormwater permit, or any state -
issued discharge permit for discharges from its MS4.
(b). Except acceptable discharge associated with an approved erosion control plan, no
person shall introduce or cause to be introduced into the MS4 any harmful quantity
of sediment, silt, earth, soil, or other material associated with clearing, grading,
excavation or other construction activities in excess of what could be retained on site
or captured by employing sediment and erosion control measures, except as allowed
for in conformance with Article III of Chapter 24.
(c). No person shall connect a line conveying sanitary sewage, domestic or industrial, to
the MS4. No property owner shall allow such a connection to continue in use on
their property.
(d). No person shall use pesticides, herbicides and fertilizers except in accordance with
manufacturer recommendations. Pesticides, herbicides and fertilizers shall be stored
transported and disposed of in a manner to prevent release to the MS4.
(e). The commencement, conduct or continuance of any illegal discharge to the storm
drain system is prohibited except as described as follows:
1. car or vehicle washing — noncommercial
2. contaminated groundwater if authorized by KDHE and approved by the
municipality
3. crawl space pumps
5
Ll
i7
L2
z
W
N
U
4. diverted stream flow
5. driveway washing (residential only)
6. Dye testing provided verbal notification is provided to the municipality prior to
the time of the test.
7. fire fighting activities '
8. footing drains
9. foundation drains
10. heat pump discharge waters (residential only)
11. lawn watering or landscape irrigation
12. natural riparian habitat
13. potable water source discharges
14. rising groundwater
15. roof drains not interconnected to the MS4
16. street wash waters (excluding street sweepings which have been removed from
the street)
17. swimming pool discharges — dechlorinated and excluding filter backwash
18. uncontaminated groundwater infiltration as defined under 40 CFR 35.2005(20)
to separate storm sewer
19. wastewater or other discharges that have been treated and meet the requirements
of a NPDES permit
20. water line flushing
21. wet -land flows
22. other discharges determined by the city manger or their designee not to be a
significant source of pollutants to waters of the state, a public health hazard or a
nuisance or necessary to protect public health and safety.
(f). Notwithstanding the provisions of subsection B of this section, any discharge shall
be prohibited by this section if the discharge in question has been determined by the
City Engineer or KDHE to be a source of a pollutants to the MS4 or to surface
waters, written notice of such determination has been provided to.the property owner
or person responsible for such discharges, and the discharge has occurred more than
ten days beyond such notice.
Sec. 24-18. Prohibition of illicit connections.
(a). The construction, use, maintenance or continued existence of illicit connections to the
storm drain system is prohibited.
(b). This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(c). 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.
(d). It is unlawful for any Person to construct, establish, ,use, maintain, or continue Illicit
Connections to the Municipal Separate Storm Sewer System ninety (90) days after the
effective date of this ordinance, or to commence any Illicit Discharges to the Municipal
Separate Storm Sewer System. This prohibition against Illicit Connections is expressly
retroactive and applies to connection made in the past and maintained ninety (90) days
after the effective date of this ordinance but excludes improvements to real property
permitted over which uncontaminated Stormwater Runoff flows.
(e). Illicit Connections in violation of this Chapter must be disconnected and redirected as
ordered by the City Engineer.
(f). Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the Municipal Separate Storm Sewer System must be located
by the owner or occupant of that property upon receipt of written notice of violation from
the City Engineer requiring that such location be completed. Such notice will specify a
reasonable time period within which the location of the drain or conveyance is to be
completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or
6
other, and that the outfall locationor point of connection to the storm sewer system,
sanitary sewer, or other discharge point be identified. Results of these investigations are to
be documented and provided to the City Engineer. Upon receipt of the investigation results
the City Engineer shall direct the owner or occupant of the property in writing to complete
such measures as are necessary to ensure compliance with this Chapter. It shall be
unlawful for any such owner or occupant to fail to comply with the reasonable directions
IL
cc
issued by the City Engineer in a timely manner.
(g). On or after the effective date of this ordinance, any person who connects a drain or
M
conveyance to the Municipal Separate Storm Sewer System shall obtain a Stormwater
o
Drainage System Connection permit from the City Engineer prior to establishing any such
"
connection.
(h). No person shall tamper with, destroy, vandalize, or render inoperable any BMPs which
have been installed for the purpose of eliminating or minimizing pollutant discharges, nor
shall any person fail to install or fail to properly maintain any BMPs which have been
required by the City or by other local, state, or federal jurisdictions.
Sec. 24-19. Suspension due to illicit discharges in emergency situations.
The City of Salina 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.
Sec. 24-20. Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this ordinance may be deemed to be
maintaining a nuisance as defined by Sections 24-2.15 and 6 of the City Code and shall be
subject to Section 24-4 entitled Enforcement Against Nuisances; Designation of Officer; Order
of Abatement; Hearing: Notice to Appear and Section 24-5 entitled Abatement of Nuisance by
City; Notice of Costs; Assessment and Collection and may have their MS4 access terminated if
such termination would abate or reduce an illicit discharge. In addition to the notices and
processes provided in Section 24-4 and 5, 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 commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the authorized enforcement agency.
Sec. 24-21. Industrial or construction activity discharges.
Any person subject to an industrial 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 City of Salina prior to the allowing of discharges to
the MS4.
Sec. 24-22. Monitoring of discharges.
The City Manager or his designee is authorized to develop and implement a plan to actively
detect and eliminate prohibited discharges and connections to the MS4 or surface waters within
the City. Such plan may include, but is not limited to, periodic and random inspections of
facilities and businesses, particularly those most associated with potentially prohibited
discharges; visual surveys of exterior practices; inspection, sampling and analyses of discharges
from outfalls of the MS4, particularly during dry weather periods; manhole and pipe inspections
to trace discharges through the system to point of origin; education on pollution prevention; and
receipt of complaints and information from the public regarding known or suspected discharges.
Sec. 24-23. Requirements to prevent, control, and reduce storm water pollutants by the
use of Best Management Practices.
The City of Salina may adopt requirements identifying Best Management Practices for any
activity, operation, or facility which may cause or contribute to pollution or contamination of
storm water, the storm drain system, or waters of the U.S. 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 other wastes into the municipal
storm drain system or watercourses through the use of approved structural and non-structural
BMPs. Further, any person responsible for a property or premise, 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
7
L2
z
W
M
1
1
municipal separate storm sewer system. Compliance with all terms and conditions of a valid
NPDES permit authorizing the dischargeof 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 stormwater pollution prevention plan (SWPPP) as necessary for
compliance with requirements of the NPDES permit.
Sec. 24-24. 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 integrity of the watercourse.
Sec. 24-25. Release reporting and cleanup.
(a). Any person responsible for the release of any prohibited material that may flow, leach,
enter, or otherwise be introduced into the MS4 or surface waters shall take all necessary
steps to ensure the containment and cleanup of such release.
(b).' 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.
(c). In the event of a release of non -hazardous materials, said person shall notify the City
Engineer in person or by phone or facsimile no later than the next business day.
Notifications in person or by phone shall be confirmed by written notice addressed and
mailed to the City Engineer within three business days of the phone notice.
Sec. 24-26. Enforcement.
(a). The Governing Body hereby delegates to the City Manager the authority to designate a
public officer to be charged with the administration and enforcement of this Ordinance as
it concerns illicit discharges. The public officer shall authorize the investigation of
violations. If it is determined that a violation exists, then the officer shall file a written
report with the City Manager and direct that an order of abatement be sent to the'property
owner, representative, or tenant. The Governing Body, by resolution, also may make
such determination;
(b). Except as provided by Subsection C, the order of abatement shall be served on the owner
or agent of such property by certified mail, return receipt requested, or by personal service,
or if the same is unoccupied and the owner is a nonresident, then by mailing a notice by
certified mail, return receipt requested, to the last known address of the owner.
(c). If the owner or agent of the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of an order sent pursuant to this Section during the
preceding 24 -month period, the City may provide notice of the issuance of any further
orders to abate or remove a nuisance from such property in the manner provided by
Subsection B or as provided in.this Subsection. Except as specifically provided 'in this
Subsection, the City may provide notice of the order by such methods including, but not
limited to, door hangers, conspicuously posting notice of such order on the property,
personal notification, telephone communication or, first class mail. If the property is
unoccupied and the owner is a nonresident, notice provided by this Section shall be given
by telephone communication or first class mail.
(d). The order of abatement shall state:
1. A common or legal description of the property, or both;
2. The nature of the violation, including relevant ordinances, with sufficient information
that would reasonably allow the recipient to determine the nature of the violation to
allow for self -abatement;
3. That the condition creating the violation shall be abated within a designated time
period, provided that extensions of such time period shall be granted if the owner or
agent of the owner of the property demonstrates that due diligence is being exercised
in abating the violation;
4. That the recipient, upon written request, may obtain a hearing before a designated
hearing officer, provided such request is received by the City Clerk prior to the
expiration of the designated compliance period;
5. That failure to comply with the order of abatement shall result in the City abating the
violation with the assessment of costs made against the property or by filing for
judgment against the recipient;
0
6. That failure to pay such assessment within 30 days of the notice of costs shall result in
the filing of a tax lien against the property, or the filing for judgment against the
recipient, or both;
,
7. Those such violations are subject to prosecution.
(e).
If the recipient of the order of abatement makes a written request for hearing within the
a
designated compliance period, then the City shall immediately schedule a hearing before a
designated hearing officer. The hearing officer shall receive evidence, review the
m
investigation, and prepare a written order. The order shall be sent by certified mail to all
y
relevant parties within 10 days of the hearing, unless otherwise stated at the hearing and
prior to the City taking any action to abate the violation. The order shall describe the
relevant facts relied upon, state the specific Code provisions being relied upon should a
violation be found, and state any such other stipulations, methods of abatement, or orders
as deemed necessary by the hearing officer.
(f).
The City Manager, or his designee, is hereby designated as the hearing officer as the
representative of the governing body for the purposes of conducting hearings requested by
any recipient of an order of abatement.
(g).
It shall be unlawful for the property owner of any property or the agent of the owner of the
property who has received a compliance order or upon whom an order of abatement has
been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the
provisions of the notice have been complied with, or until such property owner or agent of
the owner of the property shall first furnish the grantee, transferee, mortgagee or lessee a
true copy of any order of abatement and shall furnish to the public officer a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such notice of abatement and fully accepting responsibility without condition for
making the corrections or repairs required by the notice of abatement.
(h).
If the recipient of the order of abatement fails to comply with the order within the period
of time designated in the order, or fails to comply with the order after a hearing on the
matter, then the City may go onto the property to abate the violation in a reasonable
manner. The City shall not be responsible for damage to property due to reasonable
methods of gaining entrance onto the property or for damages to property in the reasonable
exercise of its duty to the public to abate the violation(s). The City may use its own
employees or contract for services to abate nuisances.
(i).
If the City takes action to abate the violation, it shall provide a Notice of Costs to the
property owner, representative, or tenant. The Notice of Costs shall be delivered by
certified mail, return receipt requested, at the last known mailing address; or if the
property is vacant or unoccupied, the Notice of Costs shall also be posted on the property
in a reasonable manner. The recipient shall have 30 days from the date of the Notice to
make full payment. The Notice of Costs shall state:
1. The common or legal description of the property, or both;
2. The nature of the violation, including relevant ordinances;
3. The nature of the work performed to abate the violation;
4. The costs incurred for the abatement of the violations in either a lump sum or in
itemized form;
5. That the notice is a demand for payment within 30 days from the date of notice;
6. That failure to pay the entire amount within 30 days shall allow the City to file a tax
lien against the property or to pursue litigation for the recovery of the costs, or both;
7. That such additional remedies to recover costs shall include additional amounts
including additional administrative costs, attorneys' fees when applicable, and interest;
8. The payments shall be made by check or money order made payable to the City of
Salina, Kansas, with no post-dating of the check, and sent to the address as stated
within the notice with a written indication of the purpose for the payment and the
address of the property where the violations occurred. Partial payments will not be
accepted and shall be considered as non-payments, unless a payment arrangement has
been agreed to and approved in writing by the Public Officer.
If the payment of costs is not made within the 30-day period, the City may levy a special
assessment for such costs against the lot or piece of land. The City Clerk at the time of
certifying other City taxes to the County Clerk shall certify the aforesaid costs, and the
County Clerk shall extend the same on the tax roll of the county against the lot or parcel of
ground, and it shall be collected by the county treasurer and paid to the City as other City
taxes are collected and paid. Provided further, the City may collect the costs in the manner
9
V)
z
W
c6
N
O
U
1
1
provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as
a personal debt. The City may pursue both assessment and collection at the same time
until the full cost, including applicable interests, court costs, attorneys' fees, and
administrative costs, including but not limited to, investigative cost as well as the cost of
providing notice, including any postage, have been paid in full.
(k). The abatement of a nuisance by the City shall not be a defense or excuse to the owner of a
vehicle or property in violation of this chapter.
Sec. 24-27. Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this article. If a person has violated or continues to violate the provisions of this
ordinance, the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
Sec. 24-28. Compensatory actions.
In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the
authorized enforcement agency may impose upon violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
Sec. 24-29. Criminal prosecution.
Any person that has violated or continues to violate this ordinance shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of not less
than $50 nor more than $500 dollars per violation per day and/or imprisonment for a period of
time not to exceed 6 months.
The authorized enforcement agency may recover all attorneys' fees court costs and other
expenses associated with enforcement of this ordinance, including sampling and monitoring
expenses.
Sec. 24-30. Remedies not exclusive.
The remedies listed in this ordinance 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.
If any section, subsection, paragraph, sentence, clause or phrase in this Ordinance or any part
thereof is held to be unconstitutional, invalid or ineffective by any court of competent
jurisdiction, such decision shall no affect the. validity or effectiveness of the remaining portions
of this ordinance."
Section 2. That Article II of Chapter 24 is hereby added.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City
10
Passed: May 10, 2010
Adopt d: May 24, 010
Aa on G. Peck, Mayor