§ 61-52. Definitions and rules of construction.

(a)

Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

(1)

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping 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. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(2)

Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

(3)

Combined sewer system (CSS) means a sewer system designed and operated to carry both stormwater and wastewater.

(4)

Construction activity means activities subject to NPDES land disturbance permits or city land-disturbance permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

(5)

Dechlorinated water means water containing not more than one milligram per liter of chlorine.

(6)

Director means the director of water services for Kansas City, Missouri or the director's authorized representative(s).

(7)

Discharge means material directly or indirectly released to the city's storm drainage system or the act of releasing material directly or indirectly to the city's storm drainage system or to a watercourse within the boundaries of a premises.

(8)

Discharger means any person that discharges to the city's storm drainage system.

(9)

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.

(10)

High-risk discharge means any discharge or release from any premises to the storm drainage system that contains or may contain pollutants at concentrations that would cause or contribute to a violation of water quality standards.

(11)

Illicit connection means any of the following:

a.

Any drain or conveyance, whether on the surface or subsurface, which allows a prohibited discharge to enter the storm drainage system including, but not limited to, any conveyances which allow any non-stormwater discharge including wastewater, process wastewater, and wash water to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the director except that discharge of wastewater not otherwise prohibited may be discharged to the combined sewer system;

b.

Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by the director;

c.

Any drain or conveyance, whether surface or subsurface that delivers stormwater to the sanitary sewer system, unless allowed under the city's current building code;

d.

Any connection from a roof drain, sump pump, area drain or yard drain that delivers storm water to the buildings sanitary sewer (which conveys the buildings wastewater and connects to the public sewer) or to the sanitary sewer system unless specifically authorized by the director.

(12)

Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14).

(13)

Industrial user means any source of discharge into the storm drainage system from hazardous waste treatment, disposal, and recovery facilities; industrial facilities subject to SARA Title III Section 313; and other industrial or commercial facilities that the director determines is contributing or has the potential to contribute a substantial pollutant loading to the storm drainage system.

(14)

Missouri Clean Water Law means Chapter 644 of the Revised Statutes of Missouri and any subsequent amendments thereto.

(15)

Municipal separate storm sewer system (MS4) means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

(16)

National pollutant discharge elimination system (NPDES) storm water discharge 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.

(17)

Non-stormwater discharge means any discharge to the storm drainage system that contains pollutants or hazardous materials or that is a high-risk discharge.

(18)

Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

(19)

Pollutant means generally, any substance introduced into the environment that adversely affects the usefulness of a resource or the health of humans, animals, or ecosystems or that has the potential to violate water quality standards. 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 pollution; 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 noxious or offensive matter of any kind.

(20)

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

(21)

Prohibited discharge means any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in section 61-56 of this article.

(22)

Storm drainage system means the combined network of the MS4 and those portions of the public infrastructure designed to convey stormwater to the CSS.

(23)

Stormwater means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation.

(24)

Stormwater pollution prevention plan means a document which describes the best management practices and activities to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, the storm drainage system, and/or receiving waters to the maximum extent practicable.

(25)

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(26)

Watercourse means any surface drainage way, natural or manmade, including any creek, culvert, ditch, stream or river which carries stormwater.

(27)

Waters of the state means all rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two or more persons jointly or as tenants in common. These waters also include waters of the United States lying within or adjacent to the state.

(b)

Rules of construction. Unless the context specifically indicates otherwise, the construction of terms used in this article shall be as follows:

(1)

"Shall" is mandatory; "may" is permissive or discretionary.

(2)

The singular shall be construed to include the plural and the plural shall include the singular as indicated by the context.

(3)

The masculine shall be construed to include the feminine.

(Ord. No. 120551, § 1, 6-28-12)