CHAPTER 14. STORMWATER MANAGEMENTCHAPTER 14. STORMWATER MANAGEMENT\Article I. General Provisions

A.    Purpose.  In order to promote the public health, safety, and general welfare of the citizens of the City of Ottawa, this chapter is enacted for the general purpose of assuring the proper balance between the use of land and the preservation of a safe and beneficial environment.  More specifically, the provisions of these regulations, as they may be amended from time to time, are intended to reduce property and environmental damage and to minimize the excessive impact of hazardous substances and sediment on the Municipal Separate Storm Sewer System (MS4).

B.    Objectives.  These impacts shall be minimized by the following minimum control measures:

1.    To maintain and improve the quality of water impacted by the storm drainage system within the City of Ottawa;

2.    To prevent the discharge of contaminated stormwater runoff and illicit discharges from industrial, commercial, residential, and construction sites into the storm drainage system within the City of Ottawa;

3.    To promote public awareness of the hazards involved in the improper discharge of sediment, trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste, and other pollutants into the storm drainage system;

4.    To encourage recycling of used motor oil and safe disposal of other hazardous consumer products;

5.    To enable the City of Ottawa to comply with all federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for stormwater discharges; and

6.    To establish the legal authority to carry out all inspections, monitoring, and enforcement procedures necessary to ensure compliance with this Chapter.

(Code 2015)

A.    Authority.  These regulations are adopted pursuant to the power and authority vested through relevant statutory enabling provisions and other applicable laws and statutes of the State of Kansas and Constitution of Kansas.

B.    Applicability.  This Chapter shall apply to all land, existing or proposed development, waters or substances entering the MS4 within the City, generated from any developed and/or undeveloped lands unless explicitly exempted by subsequent Articles or an authorized enforcement agency.

1.    The requirements of this Chapter shall not apply, unless superseded by State or Federal regulation, to:

a)    Site plans which were approved by Planning Commission prior to July 1, 2011; and

b)    Redevelopment projects that consist solely of ordinary maintenance activities, remodeling of buildings on the existing foundation, resurfacing (milling and overlay) of existing paved areas, and building exterior changes or improvements.

C.    Administration.  The City of Ottawa shall be responsible for the administration and enforcement of this Chapter.  The City Manager or his/her designee shall have the authority to adopt regulations, policies and procedures as necessary for the enforcement of this Chapter.  Any powers granted or duties imposed upon the authorized enforcement agency may be delegated to persons or entities acting in the employ of the City.

D.    Amendment.  For the purpose of providing the public health, safety and general welfare, the governing body may, from time to time, amend the provisions of these regulations.

E.    Severability.  If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof is held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter.

F.    Right of Entry.  Whenever the City has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of any portion of this Chapter, the City Manager or his/her designee is authorized to enter the premises at reasonable times to inspect or to perform the duties imposed by this Chapter.  Dischargers shall allow ready access to all parts of the premises for the purposes of inspection, sampling, records examination, copying, and for the performance of any additional duties.

(Code 2015)

A.    Interpretations.  The provisions of this Chapter are intended to supplement existing codes, including zoning and land use ordinances of the City.  In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.

B.    Conflict with Public and Private Provisions.  These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, stature, easement, covenant, any other private agreement or other provision of law.  Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation or other provision of the law, whichever provisions are more restrictive or impose higher standards shall control.

C.    Other Laws.  Neither this Chapter nor any administrative decision made under it exempts the permit holder or any other person from other requirements of this code, state and federal laws, or from procuring other required permits, including any state or federal stormwater permits authorized under the NPDES, or limits the right of any person to maintain, at any time, any appropriate action at law or in equity, for relief  or damages against the permit holder or any person arising from the activity regulated by this  Chapter.

(Code 2015)

A.    General.  The discharge of, or potential discharge of, any pollutant to the MS4 or Waters of the United States and/or the failure to comply with the provisions of this Chapter and/or the failure to comply with any directive issued under this Chapter; are violations of this Chapter for which enforcement action may be taken.

B.    Notice of Violation.  When the City determines that an activity is not being carried out in accordance with the requirements of this Chapter, or that an illicit or prohibited discharge to the City’s MS4 has occurred, it shall issue a written Notice of Violation (NOV) to the property owner or perpetrator.  The City Manager shall designate a qualified person to administer and enforce this ordinance.  In instances an owner, contractor, or property owner has repeatedly ignored the requirements of this Chapter and has not made any reasonable intent to comply with these provisions, immediate enforcement action may be taken.  The NOV shall be sent by certified mail and contain:

1.    The name and address of the owner or perpetrator;

2.    The address when available or a description of the building, structure, or land upon which the violation is occurring;

3.    A statement specifying the nature of the violation;

4.    A description of the remedial measures necessary to bring the development activity or illicit or prohibited discharge into compliance with this ordinance and a time schedule for the completion of such remedial action;

5.    A statement of the penalty or penalties that shall or may be assessed against the person to whom the NOV is directed; and

6.    A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within fifteen (15) days of service of NOV.

C.    Enforcement Actions.

1.    Stop Work Order.  The City Manager or his/her designee is authorized to issue a stop work order for any or all construction activity within the established boundary of the permit.  The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner’s agent or to the person doing the work.  In addition, notice of the stop work order shall be posted on the site.  Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.  A NOV shall accompany the stop work order.

2.    Penalties and Fines.  Any person who violates a provision of this Chapter, fails to comply with any of the requirements thereof or fails to comply with a directive issued by the City Manager or his/her designee is guilty of a public offense and shall be subject to penalties or fine in the range of $100 - $5,000. Continuing violations may be subject to penalty or fine for each day violation occurs.

3.    Abatement.  Should any person fail to comply with the provisions of this Chapter, the City Manager or his/her designee is authorized to correct or abate such violation.  This action can be taken in lieu of, or in conjunction with, any enforcement actions set forth in this Chapter.  The qualified person, or an authorized assistant, shall give notice to the owner, occupant, or agent in charge of the premises by certified mail of the costs of abatement of the violation. The notice shall state that payment of the costs is due and payable within thirty (30) days following receipt of notice.

4.    Recovery of Expenses.  If the costs of removal or abatement remain unpaid after thirty (30) days following the receipt of notice, a record of the costs shall be certified to the city clerk.  The City may levy a special assessment for such costs to be assessed against the particular lot or piece of land on which such violation was so removed and/or corrected.  The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for placing on the tax rolls of the county.

5.    Termination of Utility Services.  After lawful notice to the customer and property owner concerning the proposed disconnection, the City shall have the authority to order the disconnection of City water, sanitary sewer and/or sanitation services, upon a finding that the disconnection of utility services will remove a violation of this Chapter that poses a public health hazard or environmental hazard.

6.    Withhold Development Authorization.  Whenever the City Manager or his/her designee determines that stormwater management facility(s) do not meet City design standards, the City Manager or his/her designee may take any of the following actions without prior notice of violation:

a)    Withhold the recordation of a final plan or plat; and/or

b)    Withhold the issuance of a building permit or place a stop work order on a project for which the Stormwater Management Study is required.

7.    Withhold Occupancy.  Whenever the City Manager or his/her designee determines the required stormwater management facility(s) have not been constructed according to plan and adopted construction standards, or have been contaminated by construction phase sediment, the City Manager or his/her designee, may, without prior notice of violation, withhold the issuance of a temporary or final certificate of occupancy.

D.    Unlawful Interference.  City representatives may enter private property to take any and all measures necessary to abate or correct any violation.  It shall be unlawful for any person to interfere with or to attempt to prevent the qualified person or the qualified person’s authorized representative from entering upon any such lot or piece of ground or from proceeding with abatement.  Such interference shall be punishable by a fine of not less than $100.00 nor more than $500.00.  Each separate day or part thereof shall constitute a separate offense.

(Code 2015)

A.    Whenever a person shall deem themselves aggrieved by any decision or action taken by the City Manager acting under the authority of this Chapter, the person may file an appeal with City Manager within  fifteen (15) calendar days of the date of notice of such decision or action.

1.    Exception.  Whenever the City Manager’s decision is the instigation of proceedings at law for the assessment of a fine, due process is assured by the proceedings and appeal to the City Manager is not available.

B.    The person shall be afforded a hearing on the matter before the City Manager or his/her designee within fifteen (15) days of filing the appeal.  A written decision will be issued within fifteen (15) days of the hearing.  At any hearing held pursuant to this chapter, testimony taken much be under oath and recorded.  The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

C.    In cases where compliance with the decision or action taken by the City would cause undue hardship and the City Manager finds that it is in public interest to extend the time limit for such decision or action, grant exceptions to, waive requirements of, or grant a variance from a specific provisions, the City Manager may extend the time limit of such decision or action, may grant exceptions to, waive requirements of, or grant a variance from a specific provision.

D.    Any such person shall have thirty (30) days after the City Manager’s written decision is issued to institute an action in the City of Ottawa.

(Code 2015)

A.    In order to protect the MS4 and quality of water the City of Ottawa shall address the following provisions:

1.    Establish municipal authority to prohibit and regulate illicit (non-stormwater) discharges into the MS4;

2.    Establish municipal authority to require and monitor construction phase Erosion and Sediment Controls;

3.    Establish municipal authority to require, monitor, and maintain post-construction stormwater management facilities.

B.    The City of Ottawa shall submit an annual NPDES Phase II report in accordance with KDHE requirements.

(Code 2015)

A.    The City of Ottawa shall prepare a Stormwater Management Program (SWMP) in accordance with EPA and KDHE requirements.

B.    The SWMP plan shall be reviewed in the timeframe specified by EPA/KDHE and modified as necessary to achieve the goals of the program.

(Code 2015)

A.    SWP3 Provisions

1.    Notice of Intent to be Submitted.  Any owner who intends to obtain coverage for stormwater discharges from a construction site under the Kansas General Permit for stormwater discharges from construction sites (“the construction general permit”) shall submit a stamped and approved copy by KDHE of its Notice of Intent (NOI) to the City when a land disturbance permit application is made.  When ownership of the construction site changes, a revised NOI shall be submitted within fifteen (15) days of the change in ownership.

2.    Stormwater Pollution Prevention Plan Required.  If a land disturbance or construction activity disturbs one (1) acre or more of land, a Stormwater Pollution Prevention Plan (SWP3) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this Chapter and any other City ordinance.

3.    SWP3 Prepared by Qualified Person. The SWP3 shall be prepared under the supervision of and stamped by a professional engineer licensed to practice in the State of Kansas and shall comply with State NPDES requirements. The signature of the preparer shall constitute his/her attestation that the SWP3 fully complies with the requirements of the permit issued.

4.    When a SWP3 is Required to be Completed.  The SWP3 shall be completed prior to the submittal of the NOI to the City and for new construction prior to the commencement of land disturbance activities.  The SWP3 shall be updated and modified as appropriate and as required by the NPDES permit.

5.    Submittal of SWP3 to City.  The City may require any owner who is required by subsection 14-107(A)(2) of this Chapter to submit the SWP3 and any modifications thereto to the appropriate City official or representative for review at any time.

6.    Approval or Denial of Permits.  Upon the City’s review of the SWP3 and any site inspection that may be conducted, if the SWP3 is not being fully implemented, the City may, upon reasonable notice to the owner, deny approval of any building permit, land disturbance permit, site development plan, final certificate of occupancy, or any other City approval necessary to commence or continue construction. A stop work order may also be issued.

B.    SWP3 Document Requirements

1.    SWP3 to be Retained on Site.  The SWP3 and any modifications attached shall be retained at the construction site from the date of construction commencement through the date of final stabilization, and shall be made available to City, State, or Federal entities upon request.

2.    Notification of SWP3 Insufficiency.  The City may notify the owner at any time that the SWP3 does not meet the requirements of the NPDES permit issued or any additional requirements imposed by or under this Chapter. Such notification shall identify those provisions of the permit or this Chapter which are not being met by the SWP3, and identifies which provisions of the SWP3 requires modification in order to meet such requirements.  Within ten (10) days of such notification from the City, the owner shall make the required changes to the SWP3 and shall submit to the City a written certification from the owner that the requested changes have been made.

3.    SWP3 Amendments.  The owner shall amend the SWP3 whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, and which has not otherwise been addressed in the SWP3, or if the SWP3 proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

C.    Owner and Contractor Responsibilities

1.    Contractor Schedule.  The contractor shall provide a detailed schedule of work prior to construction activities, which shall include information on timing, duration, and sequencing of erosion and sediment control measures and construction phasing. Once approved, such schedule shall become a part of the SWP3, and changes to the schedule shall require amendment to the SWP3.

2.    Contractor Responsibilities.  Any and all contractors working on a site subject to an NPDES permit shall be responsible for their own activities to ensure that they comply with the owner’s SWP3.  Failure to comply with the SWP3 or malicious destruction of BMP devices is hereby deemed a violation of this Chapter.

3.    Inspections by Owner Required.  Qualified personnel (as defined by KDHE) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every fourteen (14) calendar days and within twenty-four (24) hours of the end of the storm that produces 1/4”(one-quarter) inch or greater of precipitation.  Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.  Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly.  Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4.  Locations where vehicles enter or exit the site shall be inspected for evidence of tracking sediment off-site onto adjacent roads and/or properties.

a)    SWP3 to be Revised as Appropriate.  Based on the results of the inspections required by the above subsection, the pollution prevention measures identified in the SWP3 shall be revised as appropriate.  Such modifications shall provide for timely implementation of any changes to the SWP3 within ten calendar days following the inspection.

b)    Documentation of Required Inspections.  Any and all inspections made shall be documented.  Documentation shall include the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, effectiveness and, major observations relating to the implementation of the SWP3, and any actions taken as a result of the inspection to correct deficiencies, and listing of areas where construction operations have permanently or temporarily stopped.  Any instance(s) of non-compliance identified during the inspection shall be included in the documentation. The inspection report shall be signed by the inspector.  Where an inspection does not identify any non-compliance, the person responsible for making the inspection shall certify by signature that the facility is in compliance with the SWP3, the NPDES permit, and this Chapter.

c)    Documents to be Retained.  The owner shall retain copies of any SWP3 and all inspection reports required by this chapter or by the NPDES permit for the site, and records of all data used to complete the NOI for a period of at least three years from the date that the site is finally stabilized and provide all documentation to the City at the conclusion of the project construction.

4.    Duration of Owner/Contractor Responsibility.  The owner/contractor is responsible for water pollution control and permit compliance from the issuance of Notice to Proceed until final completion of the work and during any subsequent maintenance bond period.  The contractor will be released from responsibility for erosion and sediment control for any portion of the job for which a Notice of Termination (NOT) has been submitted and accepted by the local permit authority, provided that the contractor does not subsequently do work in such areas that create new disturbances. The NOT will not be submitted by the owner until all permit requirements are met, which includes the requirement that final stabilization be achieved. Vegetation must have a density of at least 70% of the density of the undisturbed areas of the site.

(Code 2015)

The following abbreviations when used in this Chapter shall have the designated meanings:

• BMP - Best Management Practices

• CFR - Code of Federal Regulations

• EPA - U.S. Environmental Protection Agency

• HHW - Household Hazardous Waste

• KDHE - Kansas Department of Health and Environment

• MS4 - Municipal Separate Storm Sewer System

• NPDES - National Pollutant Discharge Elimination System

• SWP3 - Stormwater Pollution Prevention Plan

(Code 2015)

Unless a provision explicitly states otherwise, the following terms and phrases as used in this Chapter, shall have the meanings hereinafter designated:

Applicant means any person who makes an application for a permit as required by the regulations in this Chapter.  An applicant must be either the landowner or the landowner’s agent.

Approved Plan means a set of representational drawings and other documents prepared by a licensed professional engineer that complies with the provisions of these regulations and contains the information and specifications required by the City to minimize stormwater runoff.

As-Built Plan means a drawing or plan prepared and certified by a licensed professional engineer or land surveyor that represents the actual dimensions, contours, and elevations of a completed stormwater facility.

Authorized Enforcement Agency means employees or designees of the municipal agency designated to enforce this ordinance.

Best Management Practices (BMP’s) here refers to 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. BMP’s are of two types: “source controls” (nonstructural) and “treatment controls” (structural.) Source controls are practices that prevent pollution by reducing potential pollutants at their source, before they come into contact with stormwater.  Treatment controls remove pollutants and reduce runoff of stormwater. The selection, application and maintenance of BMP’s must be sufficient to prevent or reduce the likelihood of pollutants entering the storm drainage system. Specific BMP’s may be imposed by the City and are discussed further in Section 14-204 (A).

Car means any vehicle meeting the definition for a passenger car, passenger van, pickup truck, motorcycle, recreational vehicle or motor home.

City means the City of Ottawa, Kansas.

City Engineer means the City Engineer as contracted with by the City of Ottawa or the City Engineer’s authorized representative.

City Manager means the City Manager or his/her designee

Clearing means any activity that removes the vegetative surface cover.

Code means the Ottawa Municipal Code.

Commercial means pertaining to any business, trade, industry, or other activity engaged in for profit.

Construction Activity means the activities subject to NPDES Construction Permits.  These include construction projects resulting in land disturbances of one acre or more.  Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Construction Site means any location where construction activity occurs.

Contaminated means containing harmful quantities of pollutants.

Contractor means any person or firm performing or managing construction work at a construction site, including any construction manager, general contractor or subcontractor. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site.

Discharge means any addition, release, or introduction of any pollutant, stormwater or any other substance whatsoever into the MS4 or surface waters.

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.

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.

Drainage Way means any channel that conveys surface runoff throughout the site.

Earthwork means the disturbance of soils on a site associated with clearing, grading, or excavation activities.

Environmental Protection Agency (EPA) means the United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of the EPA or such successor agency.

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.

Erosion and Sediment Control Plan means a plan for the control of soil erosion and sedimentation resulting from land disturbance activities, and may include, without being limited to, the drawings, specifications, construction documents, schedules, or other related documents which establish the best management practices (BMPs) on a project.  The plan shall include any information required to review the design of the BMPs and ensure proper installation, maintenance, inspection, and removal of the BMPs, along with the details required to construct any portion of the final storm sewer system that was impeded by a BMP.

Erosion and Sediment Control Standards means the erosion and sediment control design criteria and specifications adopted in writing by the City of Ottawa.

Facility means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.

Fertilizer means a substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential 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.

Garbage means rancid animal, vegetable, and yard waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.

Grading means excavation or fill of material, including the resulting conditions thereof.

Groundwater means any water residing below the surface of the ground or percolating into or out of the ground.

Harmful Quantity means the amount of any substance that the City Manager or authorized enforcement agency determines will cause an adverse impact to storm drainage system or will contribute to the failure of the City to meet the water quality based requirements of the NPDES permit for discharges from the MS4.

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.

Household Hazardous Waste (HHW) means any material generated in a household (including single and multiple residences) that would be classified as hazardous pursuant to K.A.R. 28-29-23b.

Illegal Discharge see illicit discharge below.

Illicit Discharge means any direct or indirect non-stormwater discharge to the MS4, except as exempted in Section 14-201(B)(5) of this ordinance.

Illicit Connection is defined as either of the following:

1.    Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 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

2.    Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial Waste (or commercial waste) means any wastes produced as a byproduct of any industrial, institutional or commercial process or operation, other than domestic sewage.

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.

Land Disturbance Activity means any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation.  Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filing, logging and storing of materials.

Land Disturbance Permit means the local permit required by the City of Ottawa for any land disturbance activity occurring in a given area.

Maintenance Agreement means a recorded document that acts as a property deed restriction and which provides for long-term maintenance of a stormwater facility.  A stormwater easement, if appropriate terms and conditions are incorporated into the document, may be deemed by the City a “maintenance agreement” for purposes of this regulation.

Municipal Separate Storm Sewer System (MS4) means the system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, man-made channels, storm drains, or detention basins and ponds owned and operated by the City and designed or used for collecting or conveying stormwater, and not used for collecting or conveying sanitary sewage.

NPDES means the National Pollutant Discharge Elimination System; 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 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.

Non-Point Source Pollution means pollution from any source other than from a discernible, confined and discrete conveyance and shall include, but not limited to, pollutants from agricultural, forestry, mining, development, subsurface disposal and urban stormwater runoff sources.

Non-Stormwater Discharge means any discharge to the MS4 that is not composed entirely of stormwater.

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 detailing any violations of this Chapter and any action(s) expected of the violators, and the time frame within which said actions must be completed.

Oil means any kind of oil in any form, including, but not limited to: petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking oil, grease, sludge, oil refuse, and oil mixed with waste.

Owner means the person who owns a facility, part of a facility, or land.

Perennial Vegetation means grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years under the constraints of shade, temperature, and moisture that will be prevalent on the site.  For the purposes of this Chapter, annual grasses that do not regenerate after winter, ornamental plants or shrubs that do not offer effective erosion and sediment protection, and plants that are not suitable for the expected growing conditions on the site shall not be considered perennial vegetation.

Perimeter Control means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

Permit means a Building Permit for construction of a building, Land Disturbance Permit, Public Improvement Permit or Right of Way Permit.

Permit Holder means the owner or contractor who is issued a permit pursuant to this Chapter.  The permit holder may designate a separate contact person regarding field issues related to erosion and sediment control.

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.

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.

Pet Waste (or Animal Waste) means excrement and other waste from domestic animals.

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 or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.

Phasing means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

Pollutant means any substance attributable to water pollution, including but not limited to rubbish, garbage, solid waste, litter, debris, yard waste, pesticides, herbicides, fertilizers, pet waste, animal waste, domestic sewage, industrial waste, sanitary sewage, wastewater, septic tank waste, mechanical fluid, oil, motor oil, used oil, grease, petroleum products, antifreeze, surfactants, solvents, detergents, cleaning agents, paint, heavy metals, toxins, household hazardous waste, small quantity generator waste, hazardous substances, hazardous waste, soil and sediment.

Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animal life, plant life, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

Point Source means any discernible, 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.

Potable Water means water that has been treated to drinking water standards and is safe for human consumption.

Private Drainage System means all privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey stormwater, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.

Public Improvement Plans means engineering drawings subject to approval by the City Engineer for the construction of public improvements.

Qualified Person means a person who possesses the required certification, license, or appropriate competence, skills, and ability as demonstrated by sufficient education, training, and/or experience to perform a specific activity in a timely and complete manner consistent with the regulatory requirements & generally accepted industry standards for such activity.

Release means to dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce any substance, directly or indirectly, or intentionally or unintentionally, into the MS4.

Rubbish means non-putrescible solid waste, excluding ashes that consist of:

1.    combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and

2.    noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).

Sanitary Sewage means the domestic sewage and/or industrial waste that is discharged into the City sanitary sewer system and passes through the sanitary sewer system to the City sewage treatment plant for treatment.

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 the City sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).

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, gravity, or artificial means as a result of soil erosion.

Sedimentation is the process by which eroded material is transported and deposited by the action of wind, water, ice, gravity, or mechanically by any person.

Septic Tank Waste means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.

Shall means mandatory; may means discretionary.

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.

Solid Waste means any garbage, rubbish, refuse and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities.

Stabilization means the use of practices that prevent exposed soil from eroding

State means The State of Kansas.

Stop Work Order means an order issued which requires that all construction activity on a site be stopped.

Storm Drainage System means all surfaces, structures and systems that contribute to or convey stormwater, including private drainage systems, the MS4, surface water, groundwater, Waters of the State and Waters of the United States.

Stormwater or Stormwater Runoff means runoff, surface flow, and drainage resulting from precipitation.

Stormwater Easement means a legal right granted by a landowner to a grantee to allow the use of private land for stormwater management purposes.

Stormwater Management Program (SWMP) means a document created by the City with the purpose of improving the environmental management of local, urban stormwater.  Plans should have commission-wide commitment to both the plan and its implementation, a set of priorities for the management of urban stormwater, clearly stated strategic objectives, assessments of issues and threats with measurable environmental outcomes wherever possible, follow the principle of continuous improvement, and engage all stakeholders.

Stormwater Pollution Prevention Plan (SWP3) means a plan for the control of pollutants, pollution, or soil erosion and sediment resulting from or during a land disturbance activity, complying with the City of Ottawa Post-Construction BMP Manual and may include, without being limited to, the drawings, specifications, construction documents, schedules, inspection reports, copies of permits or other related documents upon which stormwater water quality treatment best management practices to be used on a site are set forth.

Stormwater Management Facility means any structural or non-structural facility, or designated natural or restored open space, designed either to reduce the pollution load of stormwater, or to reduce the peak flow or volume of stormwater, or both.

Surface Water means water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff.

Uncontaminated means not containing harmful quantities of pollutants.

Used Oil (or Used Motor Oil) means any oil that as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Water of the State (or water) means any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State.

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

Waters of the United States means all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and the flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and 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.

Wetland means any area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  Wetlands generally include swamps, marshes, bogs, and similar areas.

Yard Waste means leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.

(Code 2015)