HomeMy WebLinkAbout2005-12-706373191
ORDINANCE NO. 2005-12-7063
AN ORDINANCE AMENDING CHAPTER 2
REGARDING CITY CITATION OFFICERS
AND AMENDING CHAPTER 42 TO
PROHIBIT ILLICIT DISCHARGE
NUISANCES INVOLVING THE CITY'S
SEPARATE STORM SEWER SYSTEMS (MS4)
OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
WHEREAS, this Ordinance amends Chapter 2 Section 571 to add the City Engineer as a
City Citation Officer and amends Chapter 42 to include Illicit Discharges as a nuisance under the
City of Paducah's Nuisance Enforcement Code; and
WHEREAS, this Ordinance is authorized by Kentucky law, specifically the statutory
authority granted to Kentucky cities by Kentucky Revised Statute, [Nuisance Code Statute]; and
WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by the
Federal Clean Water Act, and in particular those parts that require local governments to comply
with water pollution control requirements.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Chapter 2, Section 571, Designated Officials, of Chapter 2,
Administration, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended as follows:
(a) The city does hereby empower the individuals who serve in the hereinafter
referenced positions to act in the position of Citation Officers and to have such
authority and power as provided in KRS 83A.087.
(b) The positions which are hereby accorded with the authority of Citation Officer are
as follows:
(1) Fire Chief.
(2) Fire Marshal.
(3) Fire Safety Inspector.
(4) Director and Chief Building and Electrical Inspector.
(5) Deputy Building Inspector.
(6) Deputy Electrical Inspector.
(7) Any person who is certified for building or electrical inspector.
(8) Code Enforcement Officer.
(9) Safety Officer.
(10) Parking Control Specialist.
(1 l) City Engineer.
SECTION 2. That Chapter 42, "Environment", of the Code of Ordinances of the City of
Paducah, Kentucky, is hereby amended to create section 42-52 entitled "Illicit
Discharges."
(1) — PURPOSE AND SCOPE
This Ordinance is intended to protect the general health, safety, and welfare of the
citizens of the City of Paducah by declaring_ illicit discharges into the storm sewer system
to be nuisances, and more specifically;
1.0 To protect and enhance the water quality of watercourses and water bodies in a
manner pursuant to and consistent with the Federal Clean Water Act by
prohibiting non -storm water discharges and connection to the municipal separate
storm sewer system (MS4), collectively called storm water conveyance system.
1.1 To prohibit illicit discharges and connections to the MS4.
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1.2 To establish legal authority to carry out all inspection, surveillance and
monitoring, and enforcement procedures necessary to ensure compliance with this
Section.
(2)_ - DEFINITIONS
2.1 Definitions for this section. For the Aumose of this section, the followin
definitions shall. apply unless the context clearly indicates or requires a different
meaning.
2.2 En brcenient Agency is the City of Paducah's Engineering Department and its
duly authorized representatives or designees.
2.3 Hazarclous Materials is any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, biological 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.
2.4 Illicit Discharge is anv direct or indirect non -storm water substance or hazardous
material disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or
placed by any means, intentionally or unintentionally, into the .MS4 or any area
that has been determined to drain directly or indirectly into the MS4 except as
exempted in Section 5 of this section.
2.5 Illicit Connection is defined as anv drain or con.vevance. whether on the surface or
2.1.1. Utilitv is the owner/operator, public or private, of anv underground or overhead
line, facility, system, and its appurtenances used to produce, store, convey,
transmit or distribute communications, data. electricity, power, heat, gas, oil,
petroleum products, potable water., stormwater, steam, sewage and other similar
substances.
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subsurface, which allows an illicit discharge to enter the MS4. Included are
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 .in.door drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or
2.6
approved.
Inspector is a person designated by the City Engineer or the Enforcement Agency.
2.7
Municipal Separate Storni Server System (MS4) of Paducah means a conveyance,
or system of conveyances (including roads with drainage systems, municipal
streets catch basins curbs gutters, ditches man-made channels and storm drains
designed or used for collecting or conveying storm water that is owned or
operated by the City of Paducah and discharges to waters of the Commonwealth.
Sanitary and combined sewers are not included in the definition of the municipal
2.8
2.9
separate storm. sewer system.
Non -Storni Water Discharge is any discharge to the MS4, that is not composed
solely of storm water except as permitted by Section 5 of this Ordinance.
Pollutant is 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 ollution; floatables•
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform. and pathogens; dissolved and particulate metals: animal wastes;
wastes and residues that result from constructing a building or structure; and
2.10
noxious or offensive matter of an kind.
ind.
Premises is the area of land, site, grounds, or property on which the illegal
discharge emanates.
2.1.1. Utilitv is the owner/operator, public or private, of anv underground or overhead
line, facility, system, and its appurtenances used to produce, store, convey,
transmit or distribute communications, data. electricity, power, heat, gas, oil,
petroleum products, potable water., stormwater, steam, sewage and other similar
substances.
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2.12 Watercourse is anv natural or improved_ stream, river, creek ditch channel canal,
conduit gutter, culvert, drain gully, Swale, or wash in which waters flow either
continuously or intermittently.
2.13 Wetlands are a lowland area such as a marsh that is saturated with moisture, as
defined by the United States Army Corps of Engineers.
(3) - GENERAL PROVISIONS
!
3.1 Except as herein provided or exempted by the City Engineer and/or Enforcement
Agency, this Section shall apply to all non -storm water discharges and
connections to the MS4 owned and operated by the City of Paducah.
3.2 The City Engineer and/or Enforcement Agenev shall administer, implement, and
enforce the provisions of this Section.
3.3 This Section shall be construed to insure consistency with requirements of the
Clean Water Act the City of Paducah KPDES Stormwater Permit, and acts
amendatory thereof or any other applicable regulations.
3.4 The standards and requirements_ set forth herein and promulgated pursuant to this
Section are minimum standards. This Section does not intend nor imply that
compliance by any person, company, developer or any other entity will ensure
that there will be no contamination pollution, nor unauthorized discharge of
pollutants into the MS4.
(4) - PROHIBITION OF DISCHARGES AND DECLARATION OF
NUISANCE: EXCEPTIONS.
4 1 No person company, developer or any other entity shall discharge or cause to be
discharged into the MS4 any pollutants including but not limited to hazardous
materials or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards other than storm water. The
commencement, conduct or continuance of any illicit discharge is prohibited.
4.2 This section does not apply to the followin-a categories of non -storm water
discharges or flows unless the City Engineer and/or Enforcement Agency of the
regulated MS4 identifies them as significant contributors of pollutants to its MS4:
water line flushing landscape irrigation diverted stream flows rising ground
waters, uncontaminated around water infiltration, uncontaminated pumped
ground water, discharge from potable water sources foundation drains air
conditioning condensation, irrigation water, springs, water from crawl space
pumps footing_ drains, lawn watering individual residential car washing, flows
lows
from riparian habitats and wetlands dechlorinated swimming pool discharges,
and street wash water.
4 The prohibition of discharges or flows shall not apply to any non -storm water
discharges permitted under a NPDES permit, waiver, or waste discharge order
issued to the discharger and administered by the .Kentucky Division of Water
under the authority of the Federal Environmental. Protection Agencv, provided
that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and .regulations, and provided that
written approval has been granted for any discharge to the storm drain system.
4.4 The construction, use, maintenance or continued existence of illicit connections to
the stonn drain system is prohibited. This prohibition includes without limitation,
illicit connections made in the past, regardless of whether the connection was
permissible under law or practice applicable at the time of connection.
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W.
(5) — RULES AND REGULATIONS
5.1 Compliance by Elimination of Illicit Discharges
Notwithstanding the requirements of Section 4 herein, the City Engineer and/or
Enforcement Agency may require by written notice that the person, property
owner, occupant, tenant, lessor, lessee, or agency (hereinafter referred to as
"party") responsible for an illicit discharge immediately, or by a specified date
discontinue the discharge and, if necessary, take measures to eliminate the source
of the discharge to prevent the occurrence of future illegal discharges.
The elimination of an illicit discharge within three days after receipt of Notice of
Violation from the City shall be considered compliance with the provisions of this
article and no further action shall be taken. Written Permission given to the City
Engineer and/or Enforcement Agency for the removal of the illicit discharge
and/or illicit discharge sources on the premises on which it is located shall be
considered compliance with. the provisions of this section and no further action
shall be taken against the party, except for the collection of all costs expenses
and/or charges for the removal of the nuisance.
5.2 Monitor and Analyze
The City .En.gin.eer and/or Enforcement Agency may require by written notice a
requirement that any party engaged in any activity and/or owning or operating any
property or facility which has been determined to contribute to ston-n water
pollution., illicit discharges, and/or non -storm water discharges to the MS4 to
undertake at said party's expense such monitoring and analyses and furnish such
reports to the City Engineer and/or Enforcement Agency as deemed necessaryto
determine compliance with this Section.
5.3 Notification of'Spills
Notwithstanding other requirements of local, state and federal law, as soon as any
party responsible for a property, facility or operation, or responsible for
emergency response for a property, facility or operation, has information of any
known or suspected release of pollutants or hazardous materials which are
resulting or may result in illegal discharges to the MS4. said party shall take all.
necessary steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of a hazardous material, said p,;tty shall
immediately notify emergency response officials of the occurrence via emergency
dispatch services (9.11).:In the event of a release of non -hazardous materials to the
MS4, said party hall notify City Engineer and/or Enforcement Agency in person
or by phone or facsimile no later. than 2:00 p.m. of the next business day.
Notifications shall be confirmed by written notice addressed and mailed to the
City Engineer and/or Enforcement Agencv within three business days of the
original notice.
(6) — INSPECTION, MONITORING, AND REMEDIATION
6.1 Right o 'Entre,, and h7.spection
Whenever the City Engineer and/or Enforcement Agency has cause to believe that
there exists, or potentially exists, any condition which constitutes a violation of
this Section, the City Engineer and/or Enforcement Agency may enter the
believed violating premises served by the MS4 at all reasonable times to inspect
the same.
6.2 Urgency Abatement.
The Citv Engineer and/or Enforcement Agencv is authorized to reauire immediate
abatement of anv violation of this Section that constitutes an immediate threat to
the health, safety or well being of the public. If any such violation is not abated
immediately as directed by the City Engineer and/or Enforcement Agency the
City is authorized to enter onto private property and to take any and all measures
required to remediate the violation. Any expense related to such remediation
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undertaken by the City shall be fully reimbursed by the property owner and/or
responsible party.
6.3 Sampling Devices and Testing
During any inspection as provided herein the City Engineer and/or Enforcement
Agency may take any sa ples and perform any testing deemed necessary to aid in
the pursuit of the inquiry or to record site activities. The cost of all testing may be
passed on to the party, owner or operator of the premises where the illicit
discharge emanates.
( i 7 - ARTICLE SUPPLEMENTAL TO OTHER REGULATIONS.
7.1 This Section is not the exclusive_ regulation pertaining to illicit discharges and the
Citv's Storm Sewer Systems (MS4). Illicit Discharges are hereby declared to be a
public nuisance and unlawful as set out in section 4 above. The provisions of this
section are supplemental and in addition to all other re ulatory codes, statutes and
ordinances heretofore enacted b t� he city, state or any other legal entity or agency
having jurisdiction.
7.2 The provisions of this section shall be deemed cumulative of the provisions and
regulations contained in the Code of Ordinances of the City of Paducah,
Kentucky, save and except that where the provisions of this section and the
sections hereunder are in conflict with the provisions elsewhere in this Code, then
the provisions contained herein shall prevail.
7.3 Acts Potentially Resultitig in a Violation of' the Federal Clean Water Act.
Any person who violates any provision of this Section or any provision of any
permit issued by the City of f Paducah may also be in violation of the Clean Water
Act and may be subject to the sanctions of those acts including civil and criminal
penalties Any enforcement action authorized under this Ordinance may also
include written notice to the party of such potential liability.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
IN
e.
Mayor
ATTEST:
Z.&X- -
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners December 13, 2005
Adopted by the Board of Commissioners, December 20, 2005
Recorded by Tammara S. Brock, City Clerk, December 20, 2005
T� Published by The Paducah Sun December 28, 2005
\ord\eng\2 & 42
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