CHAPTER XXIV. STORMWATER POLLUTION PREVENTION.CHAPTER XXIV. STORMWATER POLLUTION PREVENTION.\ARTICLE 1. GENERAL PROVISIONS

For the purpose of this Chapter, and unless the context otherwise requires, the following words, terms and phrases shall be defined as follows:

(a)   “Authorized Public Officer” means the person or persons designated under Section 24-102 to implement, administer and enforce the provisions of this Chapter.

(b)   “Best Management Practices” and “BMPs” means a defined set of activities, prohibitions, pollution prevention and educational practices, maintenance procedures, and other management practices designed to prevent or reduce the discharge of pollutants directly or indirectly into stormwater, receiving waters, or stormwater conveyance systems. “Best Management Practices” and “BMPs” also include treatment practices, operating procedures, and practices to control site runoff, spillage and leaks, sludge and water disposal, and drainage from raw materials storage.

(c)   “City” means the City of Newton, Kansas.

(d)   “City BMPs” means the Best Management Practices established by the Authorized Public Officer for the City under the authority of this Chapter.

(e)   “Construction Activity” means any activity, including clearing, grading and excavating, which results in disturbance of any land surface.

(f)   “Contaminated” means containing substances regarded under state or federal law as being pollutants.

(g)   “Discharge” means the release, addition or introduction of any substance directly or indirectly into the Municipal Stormwater Drainage System.

(h)   “EPA” means the United States Environmental Protection Agency.

(i)    “Hazardous Waste” means any substance, material or waste identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

(j)    “Household Hazardous Waste” means any substance, material or waste identified or listed as a household hazardous waste pursuant to K.A.R. 28-29-23b.

(k)   “Illicit Discharge” means any occurrence prohibited under the provisions of Section 24-201 (a) and (b).

(l)    “Illicit Connections” means either of the following:

(1)   Any drain or conveyance, whether on the surface or subsurface, that allows an Illicit Discharge to enter the Municipal Storm water Drainage System either directly or indirectly; or

(2)   Any drain or conveyance connected from a commercial or industrial land use to the Municipal Stormwater Drainage System, either directly or indirectly, and which has not been documented in any approved plans, maps or equivalent records, or which has not otherwise been approved by the Authorized Public Officer of the City.

(m)  “KDHE” means the Kansas Department of Health and Environment, or any duly authorized official of the Kansas Department of Health and Environment acting on its behalf.

(n)   “Municipal Stormwater Drainage System” means the system of conveyances (including sidewalks, roads, streets, curbs, gutters, ditches, designated drainage easements, inlets, drains, catch basins, pipes, tunnels, culverts, channels, creeks, rivers, streams, detention basins and ponds owned, operated or otherwise utilized by the City for collecting or conveying stormwater and stormwater drainage, and that is not intended for the collection or conveyance of sewage.

(o)   “National Pollutant Discharge Elimination System” and “NPDES” means the national system for the issuance of permits under 42 U.S.C. Section 1342, and includes any state or interstate program which has been approved by the administrator, in whole or in part, pursuant to 42 U.S.C. Section 1342.

(p)   “NPDES Stormwater Discharge Permit” means an NPDES Storm water Discharge Permit issued by the EPA, or issued by a State under authority delegated pursuant to 33 USC § 1342(b), which permit authorizes and regulates discharges into surface waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

(q)   “Non-Stormwater Discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

(r)    “Person” means any individual, association, organization, partnership, firm, corporation or other legal entity.

(s)   “Pollutant” means any substance or material which contaminates or adversely alters the physical, chemical or biological properties of water, including changes in the temperature, taste, odor, turbidity or color of water. “Pollutant” includes, but is not limited to the following: dredged spoil; spoil waste; incinerator residue; animal waste; trash, refuse and garbage; sewage and sewage sludge; chemical waste; biological materials; radioactive materials; wrecked or discarded objects and equipment; rock, sand and soil; yard waste; hazardous waste and household hazardous waste; oil and petroleum products or waste; paints, varnishes and solvents; automotive fluids; non-hazardous liquid and solid wastes and yard wastes; pesticides, herbicides, and fertilizers; fecal coliform and pathogens; dissolved and particulate metals; and wastes and residues which result from the construction or demolition of any building or structure.

(t)    “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

(u)   “Release” means to dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose, add or otherwise introduce any substance, directly or indirectly, or intentionally or unintentionally, into the Municipal Stormwater Drainage System.

(v)   “Stormwater” means any surface flow, runoff or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(w)  “Uncontaminated” means not containing pollutants.

(x)   “Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(y)   “Watercourse” means any body of water, including but not limited to lakes, ponds, rivers, creeks, streams, and bodies of water delineated by the City.

(Ord. 4689-09)

The Director of Public Works of the City is hereby designated as the Authorized Public Officer, and as such is authorized and directed to implement, administer and enforce the provisions of this Chapter, and to perform all functions and duties, and to exercise such authority and discretion, of the Authorized Public Officer as prescribed under this Chapter. The Director of Public Works, with the approval of the City Manager, may delegate any of the powers, duties or functions of the Authorized Public Officer.

(Ord. 4689-09)

This Chapter shall apply to all substances entering the Municipal Stormwater Drainage System generated on any developed and undeveloped lands unless explicitly exempted under the provisions of this Chapter.

(Ord. 4689-09)

The provisions of this Chapter are not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this Chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. 4689-09)

If for any reason any section, subsection, sentence, clause or phrase of this Chapter or the application thereof to any person or circumstance is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this Chapter.

(Ord. 4689-09)