City of Topeka regulations are compliant with its Kansas Pollutant Discharge and Elimination System requirements for the city's small municipal separate storm sewer system (MS4) permit, and with those of Shawnee County.
Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements of this chapter, any person engaged in activities or operation, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants.
(a) Any person undertaking land disturbance activities shall comply with the requirements and standards set forth in this chapter. Permit requirements for land disturbance activities are set forth in this chapter.
(b) Applicability. Regardless of whether or not a land disturbance activity requires a permit, any person engaged in any land disturbance activity shall comply with the spirit and intent of this chapter. At a minimum, such persons shall employ BMPs for erosion and sediment control in proportion to the scale of the activity to reduce the amount of sediment or other pollutants in stormwater discharges associated with those activities.
(c) Responsible Person(s). When the term “responsible person(s)” is used in this chapter, it shall mean the landowner of the property upon which a land disturbance activity takes place and any person(s) performing a land disturbance activity. When a permit is issued, a landowner is responsible for land disturbance activities from permit issuance to closure, unless the city approves a transfer of responsibility to a new landowner when land is sold.
(d) Time Requirement. Where land disturbance activities have temporarily or permanently ceased on a portion of a project site for over 14 consecutive days, the disturbed areas shall be protected from erosion by stabilizing the areas with mulch or other similarly effective soil stabilizing BMPs, unless the timeframe for compliance is extended by the utilities director. Where implementation of stabilization measures is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (Ord. 20089 § 104, 10-17-17.)
All subdivision plats and site plans shall meet the following requirements for stormwater management:
(a) Designs shall establish stormwater management practices to control peak flow rates of discharge according to the storm drainage design criteria. These practices should utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, storage areas, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
(b) All stormwater runoff generated from new developments shall not discharge directly into a jurisdictional wetland or local water body without adequate treatment as specified in the post construction stormwater quality policy. Where such discharges are proposed, they shall meet all applicable local, state and federal requirements, permits, plans and programs. The owner is responsible for complying with all local state and federal permits that are applicable to the site.
(c) BMPs shall be designed to promote infiltration to the maximum extent possible through the use of structural and nonstructural methods.
(d) For new development and redevelopment, structural stormwater treatment practices shall meet the following performance standards:
(a) Stormwater Management Easement. Prior to the approval of subdivision or site plan applications pertaining to land development activities described in TMC 13.35.010(a), the owner of the site shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, and shall require the property owner to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The stormwater management easement shall be shown on the recorded plat or granted by separate, recorded instrument.
(b) Inspection of Stormwater Facilities. The utilities director shall have the ability to conduct inspections of the stormwater facilities. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.
(c) Failure to Maintain Practices. If a responsible party fails or refuses to meet the requirements set forth in the stormwater management plan, the city, after reasonable notice, may pursue enforcement of the plan or the provisions of this chapter. (Ord. 20089 § 114, 10-17-17.)