City of Kansas City
Kansas City (KC) Regulations
KC follows EPA guidelines, and within it municipalities may implement additional local standards for residential and commercial stormwater concerns. Industrial stormwater management is addressed throughout Stormwater Self-Assessment Program for High-Risk Runoff Facilities, found below.
KC Water Services Stormwater Self-Assessment Program Instruction for High-Risk Runoff Facilities
“The Environmental Protection Agency adopted the National Pollutant Discharge Elimination System (NPDES) regulations under the Clean Water Act in 1990. Under these regulations municipalities, such as Kansas City, Missouri, are required to obtain an NPDES stormwater permit. Kansas City’s permit, issued by the Missouri Department of Natural Resources in 2004, requires the City to implement a number of programs that protect stormwater and the streams, rivers, and lakes to which stormwater drains. One of the required programs addresses the control of pollutants from facilities that have the potential to pollute stormwater runoff. In association with this program and, more importantly, to ensure the City’s compliance with the NPDES permit, the City is requiring a Stormwater Self-assessment program for those facilities whose activities or materials are exposed to stormwater posing a potential risk for stormwater pollution. The program is sanctioned by the City’s ordinance – Stormwater Discharge Control Regulations (Chapter 61, Article III, Sections 61-50 through 61-70). The program has four requirements for each affected facility: 1) To develop and implement a stormwater pollution prevention plan (SWPPP); 2) To complete a field evaluation checklist annually; 3) To conduct visual monitoring on quarterly basis, and 4) annual reporting. A SWPPP describes a facility and its operations, identifies potential sources of stormwater pollution at the facility, identifies best management practices (BMPs) or pollution control measures used to reduce the discharge of pollutants in stormwater runoff, and serves as a record of the occurrence of the periodic review of the SWPPP. The Self Inspection Checklist helps a facility to implement its SWPPP by evaluating the types of activities at the facility and the BMPs that have been implemented to assure the activities are not contributing to stormwater pollution. Visual monitoring can help to generate a quick assessment of stormwater quality for each site and the result can be used to improve existing runoff management practices. Annual reporting by the facility to the City is required for the purposes of documentation. This manual has been designed to guide each facility in implementing the self-assessment program. Sections 2.1 – 2.4 provide step-by-step instructions on how to prepare a SWPPP. Section 3 provides instructions on using a self-checklist to evaluate the implementation of a SWPPP on a regular basis. Section 4 explains what visual monitoring information to record. A SWPPP template, a Self-Inspection Checklist, a copy of visual monitoring record form, and a copy of reporting form are included in the appendices.”
Excerpt from Stormwater Ordinance
Sec. 61-57. – Monitoring of discharges.
(a) Applicability. This section applies to all dischargers to the city’s storm drainage system, including construction activity.
(b) Access to premises and facilities.
(1) Any person shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(2) The director shall have the right to conduct monitoring and/or sampling of any premises stormwater discharge prior to its entry into the storm drainage system.
(3) If the director is not allowed to conduct monitoring and/or sampling of a premises stormwater discharge, the director may suspend system access in accordance with the provision of this article.
(c) Monitoring of discharges.
(1) The director may require a discharger to install monitoring equipment and conduct sampling of its discharges to the storm drainage system as necessary and in a manner acceptable to the director. Sampling and monitoring equipment installed pursuant to this section shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(2) When the director requires a discharger to conduct sampling under this section, all stormwater discharge samples shall be collected in accordance with 40 CFR 122.21(g)(7), as may be amended from time to time, and pollutant analyses shall be performed in accordance with 40 CFR Part 136, as may be amended from time to time. If 40 CFR Part 136 does not specify analytical techniques for the pollutant in question, analyses must be performed in accordance with procedures approved in writing by the director.
(3) Any discharger required to collect samples pursuant to this section shall maintain the following records and information for all such samples:
a. The date, exact place, method and time of sampling;
b. The name(s) of the person(s) collecting the samples;
c. The date the analyses were performed;
d. Who performed the analyses;
e. The analytical protocols, techniques, and methods used; and
f. The results of such analyses.
(4) The records of any sampling or monitoring conducted pursuant to this section shall be maintained by the discharger for a period of at least 3 years, unless the discharger has been specifically notified of a longer retention period by the director. The three-year retention period shall be extended automatically for the duration of any litigation concerning compliance with this article.
Sec. 61-58. – Requirement to prevent, control, and reduce stormwater pollutants.
Dischargers shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drainage system. Any person responsible for premises, which is, or may be, the source of a prohibited or high-risk discharge or has an illicit connection, may be required to implement, at said person’s expense, BMPs to prevent the further discharge of pollutants to the storm drainage system. For those facilities required by state or federal law to have an NPDES stormwater discharge permit, compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.
Sec. 61-59. – Industrial users.
(a) Applicability. The following additional requirements shall apply to all industrial users.
(b) Self-monitoring and self-inspections. The director may require industrial users to conduct self-inspections, self-monitoring of stormwater discharges, and provide reports of such activities to the director in a manner deemed appropriate by the director.
(c) Records maintenance and retention. Industrial users shall maintain the following records and shall retain such records for a period of at least three years, unless the discharger has been specifically notified of a longer retention period by the director. The three-year retention period shall be extended automatically for the duration of any litigation concerning compliance with this article:
(1) Date and time, volume and methods of removal and disposal and location of disposal site(s) for solids, sludge, grease, filter backwash, or other pollutants removed in the course of treatment or control of wastewater. Records of receipt by the disposal facility of all such wastes removed from the industrial users premises shall also be maintained;
(2) Material safety data sheets, incoming hazardous waste manifests, outgoing hazardous waste manifests, records of sludge and other residual waste disposal, sampling records, analytical reports, production records, purchase records, reports submitted to regulatory agencies and other related records;
(3) Any permit applications, reports, and other records concerning industrial user discharges.
(d) Pollution prevention plans. The director may require industrial users to prepare, submit for review and comment, and implement stormwater pollution prevention plans as set forth in this section. The submitted pollution prevention plans shall be modified in accordance with the director’s comments within the timeframe established by the director. Review of such plans shall not relieve the industrial user from responsibility for modifying its facility as necessary to meet the requirement of this article. Such pollution prevention plans shall address the following items:
(1) Description and location of stored chemicals, raw materials and other significant materials;
(2) Prevention of exposure of significant materials to precipitation;
(3) On-site stormwater treatment;
(4) Spill prevention, including:
a. Selection and construction of equipment;
b. Equipment operation, maintenance, and inspection procedures;
c. Personnel training and supervision; and
d. Security measures to prevent vandalism;
(5) Spill containment;
(6) Procedures for immediate notification to the water services department of any spill or accidental discharge of significant materials to the storm drainage system, and procedures for follow-up written notification.
(7) Procedures to prevent adverse impacts of any spill. Such procedures include, but are not limited to: inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, measures for containing materials, and emergency response procedures and equipment;
(8) Such other practices, facilities, or methods as required by the director.
(e) Monitoring and control of discharges. The director may require industrial users to monitor and control their contribution of pollutants to the storm drainage system. The director may require industrial users to implement BMPs where deemed necessary by the director to achieve the objectives of the city’s stormwater management program. The director may establish monitoring requirements, pollutant limitations and other restrictions on industrial user discharges to the storm drainage system. Such monitoring requirements, pollutant limitations, or other restrictions may be as stringent as or more stringent than requirements set forth in an NPDES permit issued by the state or EPA to the industrial user for such discharge, if deemed necessary by the director to achieve the objectives of the city’s stormwater management program.
Sec. 61-60. – Industrial users outside of city.
The city may enter into agreements with other jurisdictions to require industrial user sampling, obtain information, and monitor and control the quality of indirect discharges to the city’s storm drainage system from industrial users located outside the city.
Sec. 61-61. – Industrial or construction activity discharges.
(a) Any person subject to an industrial or construction activity NPDES stormwater 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 director, prior to discharge to the storm drainage system.
(b) In addition to subsection (a) above, management of stormwater and stormwater discharges resulting from construction activity shall be conducted in accordance with City Code.
Sec. 61-62. – Suspension of system access.
(a) Suspension due to prohibited discharges in emergency situations. The director may, without prior notice, suspend storm drainage system discharge access for 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 storm drainage system or waters of the state. If a person fails to comply with such suspension order, the director may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the state, or to minimize danger to persons.
(b) Suspension due to the detection of prohibited discharge or illicit connection.
(1) Any person discharging to the storm drainage system in violation of this article may have their storm drainage system access suspended if such suspension would abate or reduce a prohibited discharge.
(2) Any person having an illicit connection to the sanitary sewer system in violation of this article may have their sanitary sewer system access suspended if such suspension would abate the prohibited discharge.
(3) The director shall provide notification of the proposed suspension of storm drainage system access prior to such suspension. Any person receiving such notice may petition the director for a reconsideration and hearing.
(c) Suspension due to refusal to allow monitoring and/or sampling.
(1) Any person who does not allow the director to conduct monitoring and/or sampling of any premises stormwater discharge before the discharge enters the storm drainage system may have their storm drainage system access suspended.
(2) The director shall provide notification of the proposed suspension of storm drainage system access prior to such suspension. Any person receiving such notice may petition the director for a reconsideration and hearing
(d) No person shall reinstate storm drainage system access to premises suspended pursuant to this section, without the prior approval of the director.
Sec. 61-63. – Notification of spills.
(a) Notwithstanding other requirements of law, notification must be made as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in prohibited discharges into stormwater, the storm drainage system, or waters of the state. Said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
(b) In the event of a release of hazardous materials, a person responsible for a facility or operation, or responsible for emergency response for a facility or operation shall immediately, but no later than two hours after discovery of the release, notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the director 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 director within three business days of the phone notice. Such notification shall be in addition to any other notification responsibility mandated by state or federal law.
(c) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain, on-site, a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years and be made available to the director upon request.
Sec. 61-64. – Notice of violation.
Whenever the director shall have determined that a violation of this article has occurred on any premises within the city’s corporate limits, he shall serve a written notice of violation upon the owner or occupant having control thereof, or their agent, to abate such violation. The notice of violation shall:
(1) Be in writing.
(2) State the nature of such violation and that such condition constitutes a violation.
(3) Describe the premises where the violation is alleged to exist or to have been committed.
(4) Specify a period of 15 days for the abatement of the violation and that owner or occupant shall submit documentation of the abatement to the director within that period.
(5) State that, unless such violation is abated without unnecessary delay, it may be abated by the city and the costs of such abatement may be specially assessed and shall be deemed a personal debt against the owner and constitute a lien against the premises from which abated.
(6) State that failure, neglect or refusal to abate such violation within 15 days specified renders the owner or occupant prosecutable in municipal court, and, upon a finding of guilty, punishable by a fine of not more than $500.00 or imprisonment of not more than 180 days, or by both such fine and imprisonment. Each day of continuing violation shall be considered a separate offense.
(7) Be served upon the owner or occupant of the premises by delivery to him personally or by leaving such notice at his usual place of abode with a member of the family over the age of 15 years, or by mail addressed to the owner, occupant or agent. If a person to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice on or about the premises described in the notice, or by causing such notice to be published in a newspaper of general circulation. If the owner or occupant is a corporation, notice shall be served upon an officer, a person in charge of any local business office, or its registered agent or any other agent authorized by appointment or required by law to receive service of process.
Links
Kansas City Stormwater Self Assessment Manual
Kansas City Resident’s Reference Guide to Stormwater Management
Kansas City Stormwater Homepage
Kansas City Ordinance
