The Governing Body finds it is necessary to provide for regulations in order to comply with the City’s responsibilities under the Clean Water Act and the NPDES program. The purpose of this article is to set forth procedures for the regulation of post-construction stormwater management best management practices (BMPs) in new development and redevelopment sites disturbing one acre or more.
(Ord. 297; Code 2022)
The terms or phrases used in this article shall have those meanings and definitions as set forth herein, unless from the context a different meaning is intended, or the Code directs that a different definition is to be applied to a provision.
As used in this article, the following abbreviations shall have the following meanings:
BMP Best Management Practice
CFR Code of Federal Regulations
EPA Environmental Protection Agency
KDHE Kansas Department of Health and Environment
MARC Mid-America Regional Council
MS4 Municipal Separate Storm Sewer System
NPDES National Pollutant Discharge Elimination System
STF Stormwater Treatment Facility
As used in this article, the following words shall have the following meanings:
Best Management Practices (BMPs) means 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 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.
Building Official means the City Building Official or his or her designee.
Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
City means the City of Lake Quivira, Kansas.
Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
Construction means constructing, clearing, grading, or excavations that result in soil disturbance. Construction includes structure demolition. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, emergency Construction activities required to immediate protect public health and safety, interior remodeling with no outside exposure of Construction material or Construction waste to the Stormwater Drainage System or other public waters, mechanical permit work, or sign work.
Detention means the temporary storage of Stormwater runoff in a Stormwater management practice with the goals of controlling peak discharge rates and/or providing gravity settling of Pollutants.
Development means any activity, change in land use, or improvement on any parcel of land, including any subdivision, that alters the surface of the land that increases the imperviousness of or creates additional impervious surfaces, including but not limited to pavement, buildings, structures, and recreational playing fields. The term does not include (a) additions to, improvements, and repairs, under 1000 S.F. or existing single-family and duplex dwellings; (b) Construction of any buildings, structures, and/or appurtenant service roads, drives, and walks on a site having previously provided Stormwater control as part of a larger Development; (c) improvements on any site having a gross land area less than one acre in size, regardless of land use; (d) remodeling, repair, replacement, and improvements to any structure or facility and appurtenances that do not cause an increased area of impervious surfaces on the site in excess of ten percent (10%) of that previously existing; (e) Construction of any one new single-family or duplex dwelling unit, irrespective of the site area, on which the same may be situated; (f) agricultural uses.
Discharge means the addition or introduction, directly or indirectly, of any Pollutant, Stormwater, or any other substance into the MS4 or Surface Waters.
Erosion means the process by which the ground surface is worn away by the action of the wind, water, ice, gravity, or artificial means, and/or Land Disturbance activities.
Landowner means that legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other Person holding proprietary rights on the land.
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.
NPDES Permit means for the purpose of this article, a permit issued by United States Environmental Protection Agency (EPA) or the State of Kansas, which 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.
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.
Pollutant means any substance or material that contaminates or adversely alters the physical, chemical or biological properties of the waters, including changes in temperature, taste, odor, turbidity, or color of the water. This substance or material may include, but is not limited to, dredged spoil, spoil Waste, incinerator residue, Sewage, pet and livestock Waste, garbage, Sewage sludge, munitions, chemical Waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, yard Waste, Hazardous Household Wastes, Oil and Petroleum Products, used motor Oil, anti-freeze, litter, Pesticides, and industrial, municipal, and agricultural Waste discharged into water.
Sediment means any solid material, organic, or inorganic, 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, ice or gravity as result of soil Erosion. Sedimentation is the process by which eroded material is transported and deposited by the action of wind, water, ice or gravity.
State means the state of Kansas.
Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater Drainage System means surface water and storm sewers and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to: pipes; culverts; bridges; open improved Channels; street gutters; inlets pumping stations; enclosed storm sewers; outfall sewers; surface drains; street; curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; Channels; ditches; rivers; streams; floodplains; water bodies; Detention and retention facilities; and other flood control facilities and works for the collection; conveyance; pumping; infiltration; treating; controlling; managing and disposing of Stormwater.
Stormwater Treatment Facility (STF) means all structures, plantings, natural features, or other physical elements that are designed, constructed, and maintained in accordance with the Manual of Best Management Practices for Stormwater Quality and which are provided to prevent or reduce stormwater pollution or to control stormwater runoff rates or volumes.
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, oxbow lakes, ponds, and wetlands, as well as any other body of water classified by the federal government as a “water of the United States”.
Water Bodies means all surface watercourses and Water Bodies, including all natural and man-made waterways and definite Channels and depressions in the earth that may carry Stormwater or hold water, even though such waterways may only carry water during rains and storms and may not carry Stormwater at and during all times and seasons and including all areas defined at 40 C.F.R. §122.2, and amendments thereto.
(Ord. 297; Code 2022)
In their interpretation and application, the provisions of this article are hereby adopted as the minimum requirements for the promotion of the public health, safety, and general welfare. Whenever the requirements of this article are at variance with the requirements of any lawfully-adopted statute, resolution, regulation, rule, or other provision of law, the most restrictive, or that imposing the higher standard, shall govern.
(Ord. 297; Code 2022)
This Title applies to any Development that is equal to or exceeds 1 acre.
(Ord. 297; Code 2022)
All Development within the City to which this article applies shall be designed and constructed in accordance with the Mid-America Regional Council (MARC) and the Kansas City Chapter of the American Public Works Association’s Manual of Best Management Practices for Stormwater Quality and all appendices dated October 2012.
Any Development that has a gross area of less than five (5) acres shall have reduced treatment requirements and require a Level of Service of 4.1.
If hydrologic or topographic conditions warrant greater control than provided by the minimum control requirements set forth in the Manual of Best Management Practices for Stormwater Quality, the Building Official may impose additional requirements deemed necessary to control the Pollutants in Stormwater runoff. It shall be unlawful for any Person to fail to comply with any additional requirements imposed by the Building Official as necessary to control the Pollutants.
(Ord. 297; Code 2022)
The Building Official is hereby designated to exercise the powers prescribed by this article. In addition to the authority which may be specifically provided in this article, the Building Official may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article. The Building Official may appoint and fix the duties of such officers, agents and employees as the Building Official deems necessary to carry out the purposes of this article, and may delegate any of the aforementioned functions or powers to such officer agents and employees.
Regulated inspections of the STF shall be the responsibility of the qualified professional who has been approved by the Building Official in writing. Inspection results shall be provided to the City. For certain types and locations of STFs, additional or parallel inspections by City staff may be required at the discretion of the Building Official.
(Ord. 297; Code 2022)
The Building Official is authorized to develop and implement a plan to actively inspect STFs within the City. Such plan may include, but is not limited to, periodic and random inspections of STFs; education on maintenance; and receipt of complaints and information from the public regarding known or suspected non-functioning STFs.
(Ord. 297; Code 2022)
The Landowner shall notify the Building Official before beginning Construction of any STF. The Landowner shall keep the Building Official advised as to the progress of the work and any changes in the schedule. Following completion of Construction activities for the STF, the Building Official will issue a Notice of Acceptance only upon submission of as-built plans and written certification by a Professional Engineer that the STF has been installed in accordance with the accepted plans and design of the STF.
The Landowner shall notify the Building Official before beginning Construction of any STF. The Landowner shall keep the Building Official advised as to the progress of the work and any changes in the schedule. Following completion of Construction activities for the STF, the Building Official will issue a Notice of Acceptance only upon submission of as-built plans and written certification by a Professional Engineer that the STF has been installed in accordance with the accepted plans and design of the STF.
(Ord. 297; Code 2022)
The Landowner on whose land a STF has been constructed pursuant to this article and any other Person or agent in control of such land, shall maintain the STF in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, Erosion and Sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with the Manual of Best Management Practices for Stormwater Quality and accepted by the Building Official and any amendments thereto.
A maintenance schedule shall be developed for all STFs and shall state the maintenance to be completed by the Landowner and the time period for completion. This maintenance schedule shall be accepted by the Building Official in writing, and shall be followed by the Landowner.
(Ord. 297; Code 2022)
It shall be unlawful for any Person to obstruct, damage, or materially interfere with the use or operation of a STF required by this article, unless such STF is fully restored and repaired, and such restoration or repairs have been certified in writing to the Building Official by a Professional Engineer, within forty-eight (48) hours of the obstruction, damage, or interference.
(Ord. 297; Code 2022)
No Person shall intentionally impede or obstruct the Building Official or his or her lawful designee from the lawful performance of duties or activities related to enforcement of this article or abatement of violations, through the use of restraint, coercion, intimidation or by force and violence or threat thereof. No Person shall intentionally disregard an Order of the Building Official or his or her lawful designee, to immediately cease and discontinue a condition or act prohibited by this article, or to fail to take action necessary to immediately abate and/or remedy the conditions prohibited by this article and as required by the Building Official.
(Ord. 297; Code 2022)
Any Person violating any of the provisions of this article shall upon a first offense be guilty of a Class C Offense. Any Person violating any of the provisions of this article shall upon a second offense be guilty of a Class B Offense. Any Person violating any of the provisions of this article shall upon a third and any subsequent offense be guilty of a Class A Offense. The imposition of a penalty shall not prohibit any action by the Building Official to enforce compliance, prevent a violation, or remedy a violation, nor shall it prohibit the Building Official from imposing liens or assessments necessary to remedy a violation of this article. In addition to the imposition of a penalty, the Court may assess restitution and reimbursement of all costs of any abatement, including administrative, materials, and personnel, to the Person who commits, permits, maintains, directs, or authorizes, a violation of this article.
The City shall keep a record of the total cost of such abatement or removal incurred by the City, and shall bill such costs to the owner of the property where a violation of this article takes place by certified mail, return receipt requested. If the assessment for such costs is unpaid after thirty calendar (30) days from the date of billing, the City Clerk, at the time of certifying City taxes, shall certify such costs to the County Clerk, with instructions to extend the same on the tax roll of the County against the applicable lot or parcel of ground, and ask that it be collected by the County Treasurer and paid to the City as City taxes are collected and paid. Nothing in this Section shall limit the City’s right to pursue collection both by levying a special assessment and in any other manner provided for by law, but only until the full cost and any applicable interest has been paid in full.
The imposition of a penalty for any violation or noncompliance shall not excuse any violation, permit a violation to continue, or excuse any obligation to remedy any violation. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this article. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this article. Each day that a violation occurs or is permitted to continue shall constitute a separate offense.
(Ord. 297; Code 2022)