The purpose of this Chapter shall be:

1.

To maintain and improve the quality of surface water and ground water within the City;

2.

To prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the City;

3.

To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites and non-stormwater discharges, pesticides, herbicides, fertilizers and other contaminants into the storm sewers of the City;

4.

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

5.

To facilitate compliance with local, State and Federal standards and permits by owners of industrial and construction sites within the City;

6.

To reduce pollutants in stormwater runoff from construction activities and post-construction runoff;

7.

To enable the City to comply with all Federal and State laws and regulations applicable to its NPDES permit for stormwater discharges.

(Ord. No. G1027 §1, 8-7-07)

A.

The Director or his designee shall administer, implement and enforce the provisions of this Chapter.

B.

This Chapter shall apply to all water entering the stormwater management system from any developed and undeveloped land within the corporate limits of the City, unless specifically exempted by this Chapter or with authorization from the Director.

(Ord. No. G1027 §1, 8-7-07)

For the purposes of this Chapter, the following definitions shall apply:

BEST MANAGEMENT PRACTICES (BMP): Management practices and methods that control pollutants in stormwater, including source controls (non-structural) 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 are practices that remove pollutants from stormwater. The selection, application and maintenance of BMP must be sufficient to prevent or reduce the likelihood of pollutants entering the storm drainage system. Specific BMP may be imposed by the City and are discussed further in Section 456.040(G).

CITY: The City of Junction City, Kansas.

COMMERCIAL: Pertaining to any business, trade, industry or other activity engaged in for profit.

CONSTRUCTION SITE: Any location where construction activity occurs.

CONTAMINATED: Containing a harmful quantity of pollutants.

CONTRACTOR: Any person, corporation 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.

DEVELOPER: Any individual or corporation that acquired a NOI from the State of Kansas prior to beginning subdivision development of a parcel of land for the purpose of new residential, commercial or industrial purposes.

DIRECTOR: The person appointed to the position by the City Manager of the City of Junction City, Kansas, or his or her duly authorized representative.

DISCHARGE: Any addition or release of any pollutant, stormwater or any other substance whatsoever into storm drainage system.

DISCHARGER: 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: Sewage originating primarily from kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers and sinks.

EARTHWORK: The disturbance of soils on a site associated with clearing, grading or excavation activities.

ENVIRONMENTAL PROTECTION AGENCY (EPA): 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.

FACILITY: Any building, structure, installation, process or activity from which there is or may be a discharge of a pollutant.

FERTILIZER: 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 (2) or more fertilizers.

FINAL STABILIZATION: The status when all soil disturbing activities at a site have been completed. This would establish a uniform perennial vegetative cover with a density of seventy percent (70%) coverage for unpaved areas and those not covered by permanent structures or equivalent permanent stabilization measures (by employing riprap, gabions or geotextiles).

FIRE PROTECTION WATER: Any water, and any substances or materials contained therein, used by any person to control or extinguish a fire or to inspect or test fire equipment.

GARBAGE: Putrescible animal and vegetable 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.

GROUND WATER: Any water residing below the surface of the ground or percolating in to or out of the ground.

HARMFUL QUANTITY: The amount of any substance that the Director determines will cause an adverse impact to the stormwater management 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 SUBSTANCE: Any substance listed in Table 302.4 of 40 CFR Part 302.

HAZARDOUS WASTE: Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

HOUSEHOLD HAZARDOUS WASTE (HHW): 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 OR ILLICIT DISCHARGE: Any discharge to the storm drainage system that is prohibited under this Chapter.

ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system.

INDIVIDUAL LOT CERTIFICATION (ILC): The individual lot certification form that is required by either the construction general permit

INDUSTRIAL OR COMMERCIAL WASTE: Any waste produced as a by-product of any industrial, institutional or commercial process or operation, other than domestic sewage.

KDHE: The Kansas Department of Health and Environment.

KANSAS GENERAL PERMIT FOR STORMWATER RUNOFF FROM CONSTRUCTION ACTIVITIES (OR CONSTRUCTION GENERAL PERMIT): The Kansas Water Pollution Control General Permit and Authorization to Discharge Stormwater Runoff from Construction Activities issued by KDHE and any subsequent modifications on amendments thereto, including group permits.

KANSAS GENERAL PERMIT FOR STORMWATER RUNOFF FROM INDUSTRIAL ACTIVITY (OR INDUSTRIAL GENERAL PERMIT): The Kansas Water Pollution Control General Permit and Authorization to Discharge Stormwater Runoff from Industrial Activities issued by KDHE and any subsequent modifications or amendments thereto, including group permits.

LANDFILL: An area of land or an excavation in which municipal solid waste is placed for permanent disposal and which is not a land treatment facility, a surface impoundment or an injection well.

MECHANICAL FLUID: Any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel.

MOBILE COMMERCIAL COSMETIC CLEANING OR MOBILE WASHING: Power washing, steam cleaning and any other method of mobile cosmetic cleaning, of (carpet cleaners) vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catch basin, pipes, tunnels, culverts, channels, 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: The National Pollutant Discharge Elimination System.

NPDES PERMIT: A permit issued by EPA 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: The source of any discharge of a pollutant that is not a point source.

NOTICE OF INTENT (NOI): The notice of intent that is required by either the industrial general permit or the construction general permit.

NOTICE OF TERMINATION (NOT): The notice of termination that is required by either the industrial general permit or the construction general permit.

NOTICE OF TRANSFER OF OWNERSHIP (NOTO): The notice of transfer of ownership that is required by either the industrial general permit or the construction general permit.

NOTICE OF VIOLATION: A written notice detailing any violations of the Chapter and any action expected of the violators.

OIL: 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: The person who owns a facility, part of a facility or land as recorded in the official records of Geary County, Kansas.

PERSON: 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: A substance or mixture of substances intended to prevent, destroy, repel or migrate any pest.

PET WASTE OR ANIMAL WASTE: Excrement and other waste from domestic animals.

PETROLEUM PRODUCT: 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.

POINT SOURCE: Any discernable, 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.

POLLUTANT: 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: 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.

POTABLE WATER: Water that has been treated to drinking water standards and is safe for human consumption.

PRIVATE DRAINAGE SYSTEM: 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: Engineering drawings for the construction of public improvements.

QUALIFIED PERSON: 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 and generally accepted industry standards for such activity.

RELEASE: To dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce into the storm drainage system.

REPORTABLE QUANTITY (RQ): For any hazardous substance, the quantity established and listed in Table 302.4 of 40 CFR Part 302; for any extremely hazardous substance, the quantity established in 40 CFR Part 355.

RUBBISH: 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.

Non-combustible waste materials including glass, crockery, tin cans, aluminum cans, metal furniture, rocks or pieces of concrete and similar materials that do not burn at ordinary incinerator temperatures (sixteen hundred degrees Fahrenheit (1,600°F) to eighteen hundred degrees Fahrenheit (1,800°F)).

SANITARY SEWAGE: 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: The system of pipes, conduits, lift stations 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 ground water are not intentionally admitted).

SEDIMENT: Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity or mechanically by any person.

SEPTIC TANK WASTE: Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.

SHALL: Is mandatory; MAY: Is discretionary.

SITE: 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.

SMALL QUANTITY GENERATOR WASTE: Any hazardous waste generated by a small quantity generator as defined in K.A.R. 28-31-2.

SOLID WASTE: 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.

STATE: The State of Kansas.

STOP WORK ORDER: An order issued which requires that all construction activity on site be stopped.

STORM DRAINAGE SYSTEM: 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: Runoff resulting from precipitation.

STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY: The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant which is listed as one (1) of the categories of facilities in 40 CFR Section 122.26(b)(14) and which is not excluded from EPA's definition of the same term.

STORMWATER POLLUTION PREVENTION PLAN (SWP3): A document that describes the Best Management Practices to be implemented at a site to prevent or reduce the discharge of pollutants.

SUBDIVISION DEVELOPMENT: Includes activities associated with the platting of any parcel of land into two (2) or more lots and includes all construction activity taking place thereon.

SURFACE WATER: 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: Not containing a harmful quantity of pollutants.

USED OIL (OR USED MOTOR OIL): 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.

UTILITY AGENCY: All private utility companies or their subcontractors, City departments or contractors working for private utility companies or City departments engaged in the construction or maintenance of utility distribution lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.

WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

WATER OF THE STATE (OR WATER): Any ground water, 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 watercourses and bodies of surface water that are wholly or partially inside or bordering the State or inside the jurisdiction of the State.

WATER QUALITY STANDARD: The designation of a body or segment of surface water in the State for desirable uses and the narrative and numerical criteria deemed by State or Federal regulatory standards to be necessary to protect those uses.

WATERS OF THE UNITED STATES: 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 State" 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: Any area that is inundated or saturated by surface or ground water 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 general include swamps, marshes, bogs and similar areas.

YARD WASTE: Leaves, grass clipping, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.

(Ord. No. G1027 §1, 8-7-07)

A.

Prohibitions.

1.

It shall be unlawful to release or cause to be released into the municipal separate storm sewer system (MS4) any discharge other than uncontaminated stormwater. Common stormwater contaminants that are prohibited include, but are not limited to, trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment; except as allowed by exemptions.

2.

It shall be unlawful to release any discharge that has been determined by the Director to be a pollutant to the storm drainage system.

B.

Prohibitions Connections.

1.

It shall be unlawful to construct, use or maintain an illicit connection to the storm drainage system. It is unlawful to fail to remove an illicit connection, even if it is not currently used or maintained. This prohibition expressly includes, without limitation, connections that are now illicit, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

2.

It shall be unlawful to connect a line conveying sanitary sewage, domestic sewage or industrial waste to the storm drainage system or allow such a connection to continue.

C.

Exemptions. Notwithstanding Subsections (A) and (B), the following may be discharged into the storm drainage system:

1.

A discharge authorized by an NPDES permit other that the NPDES permit for discharges from the MS4;

2.

A discharge or flow resulting from emergency fire fighting;

3.

Uncontaminated water line flushing and other infrequent discharges from potable water sources;

4.

Infrequent uncontaminated discharge from landscape irrigation or lawn watering;

5.

A discharge or flow from uncontaminated pumped ground water or rising ground water;

6.

Uncontaminated ground water infiltration;

7.

Discharge from the occasional non-commercial washing of vehicles on properties zoned RS, RG or RM;

8.

A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter or any other source of pollutant;

9.

A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance;

10.

Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant;

11.

Swimming pool water, excluding filter backwash, that has been dechlorinated so that it contains no harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;

12.

Heat pump discharge waters (residential only);

13.

Uncontaminated discharge from foundation, footing or crawl space drains, sump pumps and air conditioning condensation drains;

14.

Uncontaminated ground water, including rising ground water, ground water infiltration into storm drains, pumped ground water and springs;

15.

Diverted stream flows and natural riparian habitat or wetland flows;

16.

A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials.

17.

The discharges listed above will not be allowed if the discharge or flow in question has been determined by the Director to be a source of a pollutant to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger and the discharge has occurred more than ten (10) days beyond such notice. The correctness of the determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative judicial enforcement proceeding.

D.

Specific Prohibitions and Requirements.

1.

The specific prohibitions and requirements in this Section are not necessarily inclusive of all the discharges prohibited by the general prohibition in Section 456.040.

2.

No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the City to violate a KDHE water quality standard, the City's NPDES stormwater permit or any State-issued discharge permit for discharges from its MS4.

3.

No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose or otherwise introduce or cause, allow or permit to be introduced the following substances into the MS4:

a.

Any used motor oil, antifreeze or any other petroleum product or waste;

b.

A harmful quantity of industrial waste;

c.

Any hazardous waste, including household hazardous waste;

d.

Any domestic sewage or septic tank waste, grease trap waste or grit trap waste;

e.

Any garbage, rubbish or yard waste;

f.

Wastewater that contains a harmful quantity of soap, detergent, degreaser, solvent or surfactant based cleaner from a commercial carwash facility; from any vehicle washing, cleaning or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop or maintenance facility; or from any washing, cleaning or maintenance of any business or commercial or public service vehicle, including a truck, bus or heavy equipment, by a business or public entity that operates more than five (5) such vehicles;

g.

Wastewater from the washing, cleaning, de-icing or other maintenance of aircraft;

h.

Wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any harmful quantity of soap, detergent, degreaser, solvent or any surfactant based cleaner;

i.

Any wastewater from commercial floor, rug or carpet cleaning;

j.

Any wastewater from the washdown or other cleaning of pavement that contains any harmful quantity of soap, detergent solvent, degreaser, emulsifier, dispersant or any other harmful cleaning substance; or any wastewater from the wash-down or other cleaning of any pavement where any spill, leak or other release of oil, motor fuel or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released material have been previously removed;

k.

Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emission filter or the blowdown from a boiler;

l.

Any ready-mixed concrete, mortar, ceramic, asphalt base material or hydromulch material or discharge resulting from the cleaning of vehicles or equipment containing or used in transporting or applying such material;

m.

Any runoff, wash-down water or waste from any animal pen, kennel, fowl or livestock containment area;

n.

Any filter backwash from a swimming pool or fountain;

o.

Any swimming pool water containing a harmful level of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;

p.

Any discharge from water line disinfection by super chlorination if it contains a harmful level of chlorine at the point of entry into the MS4 or waters of the United States;

q.

Any water from a water curtain in a spray room used for painting vehicles or equipment;

r.

Any contaminated runoff from a vehicle wrecking yard;

s.

Any substance or material that will damage, block or clog the MS4;

t.

Any release from a petroleum storage tank (PST) or any leachate or runoff from soil contaminated by leaking PST; or any discharge of pumped, confined or treated wastewater from the remediation of any such PST release, unless the discharge has received an NPDES permit from the State.

4.

No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable under prevailing circumstances.

5.

No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4 or allow such a connection to continue.

6.

Regulation of pesticides and fertilizers.

a.

No person shall use or cause to be used any pesticide or fertilizer in any manner that the person knows, or reasonably should know, is likely to cause or does cause a harmful quantity of the pesticide or fertilizer to enter the MS4 or waters of the United States.

b.

No person shall dispose of, discard, store or transport a pesticide or fertilizer or its container in a manner that the person knows or reasonably should know is likely to cause or does cause a harmful quantity of the pesticide or fertilizer to enter the MS4 or waters of the United States.

7.

Used oil regulation. No person shall discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, ground water or watercourse.

E.

Requirements Applicable to Certain Dischargers.

1.

Private drainage system maintenance. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover and removal of debris from pipes and structures.

2.

Minimization of irrigation runoff. A discharge of irrigation water that is of sufficient quantity to cause a concentrated flow in the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.

3.

Cleaning of paved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this Chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Chapter. This Section does not apply to pollutants discharged from construction activities which are regulated by Section 456.050(A).

4.

Mobile commercial cosmetic cleaning operations shall not discharge to the storm drainage system in violation of this Chapter.

5.

Maintenance of equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.

6.

Materials storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed container of hazardous substances is prohibited.

7.

Pet waste. Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner to prevent discharge to the storm drainage system.

8.

Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided.

9.

Prohibition on use of pesticides and fungicides banned from manufacture. Use of any pesticide, herbicide or fungicide, that manufacture of which has been either voluntarily discontinued or prohibited by the Environmental Protection Agency or any Federal, State or City regulation, is prohibited.

10.

Open drainage channel maintenance. Every person owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or retard the flow of water through the drainage channel. In addition, the owner or occupant shall maintain structures that will not become a hazard to the use, function or physical integrity of the drainage channel.

F.

Release Reporting and Cleanup. Any person responsible for a known or suspected release of materials which are resulting in or may result in illegal discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all State, Federal and local laws requiring reporting, cleanup, containment and any other appropriate remedial action in response to the release. In the event of such a release of non-hazardous materials, said person shall notify the Director no later than 5:00 P.M. of the next business day.

G.

Authorization to Adopt and Impose Best Management Practices (BMP).

1.

The City may adopt and impose requirements identifying BMP for any activity, operation or facility which may cause a discharge of pollutants to the storm drainage system. If specific BMP are required, it shall be unlawful to fail to comply with the BMP.

2.

It shall be unlawful to damage, destroy or interfere with the implementation of BMP.

(Ord. No. G1027 §1, 8-7-07)

A.

General Provisions/Administration.

1.

The owner, contractor or person responsible for a construction site shall be responsible for compliance with the requirements of Section 456.050.

2.

Qualified personnel (provided by the owner of the construction site) 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 seven (7) calendar days and within twenty-four (24) hours of the end of a storm that is one-half (½) inch or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, the best management practices shall be revised as appropriate as soon as practicable. These inspections, along with a description of revisions, will be documented in writing and available for inspection by the Director upon request.

3.

Waste disposal. Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMP. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Waste must be contained so that it will not blow, wash or otherwise be released from the construction site.

4.

Ready-mixed concrete or any materials resulting from the cleaning of vehicles or equipment containing or used in transporting or applying ready-mixed concrete shall be contained on construction sites for proper disposal. Release of these materials is prohibited.

5.

Erosion and sediment control. The owner, contractor or person responsible shall comply with BMP to prevent the release of sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately if the sediment presents a traffic hazard or public safety concern. Failure to comply shall constitute a violation of this Chapter. Public works shall clean up the sediment, mud or water and bill the owner or contractor for the cost of removal.

6.

Should it be found that soil or pollutants have already or may be carried into the MS4 or waters of the United States, immediate measures will be taken by the owner to remedy the violation and/or remove the pollutants. If the owner fails to remove pollutants within the time period prescribed in the notice of violation from the City, the City may remove the pollutants and assess the cost thereof to the responsible owner. Failure of the owner to pay said costs will be grounds for the denial of further approvals or the withholding of occupancy certificates.

7.

The Director may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices that will be implemented at the construction site. Should the proper BMP not be installed or if the BMP are ineffective, upon reasonable notice to the owner, the City may deny approval of any building permit, grading permit, subdivision plat, site development plan or any other City approval necessary to commence or continue construction or to assume occupancy.

8.

The owner of a site of construction activity is responsible for compliance with the requirements in this Subsection. In the case of new subdivisions, builders on individual lots can operate under the developer's NPDES permit if the developer's SWP3 deals with individual lots and the contractor's certification has been signed.

9.

Any contractor on a construction site will also be required to use best management practices so as to minimize pollutants that enter into the MS4.

10.

All persons shall avoid damaging BMP devices once in place. Any person damaging a BMP device shall be responsible for the repair of the damaged BMP device. Malicious destruction of a BMP device or failure of such responsible person to repair BMP device will be deemed a violation of this Chapter.

11.

Upon completion of permitted construction activity on any site, the property owner and subsequent property owners will be responsible for continued compliance with the requirements of Section 456.040(A) in the course of maintenance, reconstruction or any other construction activity on the site.

B.

Certain Construction Sites Requiring an Approved SWP3. This Section applies to all construction sites, excluding subdivision developments, which are governed by Section 456.050(C). Where construction on a site will disturb soil or remove vegetation on one (1) or more acres of land during the life of the construction project, an approved Stormwater Pollution Prevention Plan (SWP3) for the project must be provided and implemented by the construction site owner as follows:

1.

The area disturbed shall be assumed to include the entire property area unless all applicable plans specifically exclude certain areas from disturbance.

2.

Any owner who is required to obtain coverage for stormwater discharges from a construction general permit shall submit a copy of its signed notice of intent (NOI) authorized by KDHE when a building permit application is made. If the construction activity is already underway upon the effective date of this Chapter, the NOI shall be submitted within thirty (30) days. When ownership of the entire construction site changes, the new owner shall comply with the requirements of the construction general permit for transfer and shall submit to the Director a signed copy of the notice of transfer of ownership (NOTO), copy of the notice from KDHE approving the transfer and a signed copy of any revised NOI with authorized by KDHE.

3.

The SWP3 shall be prepared by a qualified person under supervision of an engineer, geologist, architect, landscape architect or a certified professional in erosion control and sediment control 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.

The SWP3 shall be completed prior to the submittal of the NOI for new construction, prior to the commencement of construction activities. The SWP3 shall be updated and modified as appropriate and as required by the NPDES permit.

5.

The Director may require any owner who is required by this Section to prepare a SWP3 to submit the SWP3 and any modifications thereto to the Director for review at any time.

6.

Upon the Director's review of the SWP3 and any site inspection that he/she may conduct, if the SWP3 is not being fully implemented, the Director may, upon reasonable notice to the owner, deny approval of any building permit, grading permit, site development plan, final occupancy certificate or any other City approval necessary to commence or continue construction. A stop work order may also be issued.

7.

All contractors working on a site subject to an NPDES permit shall sign a copy of the following certification statement before beginning work on the site:

I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the stormwater discharges associated with construction activity from the construction site identified as part of this certification and with the Stormwater Pollution Prevention Plan Chapter of the City and I agree to implement and follow the provisions of the Stormwater Pollution Prevention Plan (SWP3) for the construction site.

The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

8.

All contractors will be responsible for their own activities to ensure that they comply with the owners' SWP3. Failure to comply with the SWP3 or malicious destruction of BMP devices is hereby deemed to be a violation of this Chapter.

9.

The SWP3 and the certifications of contractors required by this Section and with any modifications attached shall be retained at the construction site or at a local office in Junction City from the date of construction commencement for a period of three (3) years following the date of approval of the notice of termination (NOT) required under the construction general permit.

10.

The Director may notify the owner at any time that the SWP3 does not meet the requirements of the NPDES permit issued or any additional requirement imposed by or under this Chapter. Such notification shall identify those provisions of the permit or Chapter which are not being met by the SWP3 and identify which provisions of the SWP3 require modification in order to meet such requirements. Within thirty (30) days of such notification from the Director, the owner shall make the required changes to the SWP3 and shall submit to the Director a written certification from the owner that the requested changes have been made.

11.

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.

12.

Qualified personnel (provided by the owner of the construction site) 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 seven (7) calendar days and within twenty-four (24) hours of the end of the storm that is one-half (½) inch or greater. 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 off-site sediment tracking.

13.

Based on the results of the inspections required by this Section, 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 (10) calendar days following the inspection.

14.

A report summarizing the scope of any inspection required by this Section and the names(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWP3 and actions taken in accordance with this Section above shall be made and refined on site or at a local office in Junction City as part of the SWP3. Such report shall identify any incidence of non-compliance. Where a report does not identify any incidence of non-compliance, the report shall contain a certification that the facility is in compliance with the SWP3, the facility's NPDES permit and this Chapter. The report shall be certified and signed by the person responsible for making it.

15.

The owner shall retain copies of any SWP3 and all 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 (3) years from the date that the site is finally stabilized.

16.

Upon final stabilization of the construction site, the owner shall submit written certification to the Director and NOT that the site has been finally stabilized. The City may withhold the final occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the Director has determined, following any appropriate inspection, that final stabilization has occurred and that any required permanent structural controls have been completed.

17.

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.

18.

The SWP3 must be provided by the owner and submitted to the City for approval. One (1) copy of the SWP3 shall be submitted to the City Engineer. For sites subject to plan review by the City Engineer or his or her staff, the plan will not be released for construction until an approved SWP3 has been obtained.

19.

The preparation and implementation of the SWP3 must comply with Section 456.050(D).

20.

The Director or designee will review the SWP3 submitted for the site and will return either a letter of SWP3 approval or a request for revisions within fourteen (14) days of submission of the SWP3.

Construction activity, including any soil disturbance or removal of vegetation, shall not commence on the site until the Director has issued a letter of SWP3 approval.

21.

The owner bears the responsibility for implementation of the SWP3 and notification of all contractors and utility agencies on the site.

22.

When ownership of a portion of the construction site changes, the provisions of Section 456.050(C)(9) shall apply.

C.

Subdivision Developments Requiring an Approved SWP3. If a subdivision development involves the disturbance of soil or removal of vegetation on one (1) or more acres of land during the life of the development project, the subdivision owner shall submit, obtain approval for and comply with a Stormwater Pollution Prevention Plan (SWP3).

1.

The area disturbed shall be assumed to include the entire platted area.

2.

SWP3s must be provided by the subdivision owner and included in public improvement plans submitted to the City Engineer for the development.

3.

The preparation and implementation of all SWP3s must comply with Section 456.050(D).

4.

SWP3s must be provided for all phases of development, including sanitary sewer construction, storm drainage system construction, water line, street and sidewalk construction, general grading and the construction of individual homes. The subdivision owner will not be required to provide an SWP3 for the activities of utility agencies within the subdivision. Utility construction is addressed in Section 456.050(E).

5.

Approval of public improvement plans by the City Engineer will constitute approval by the Director of the included SWP3. Construction activity, including any soil disturbance or removal of vegetation, shall not commence until the public improvement plans are approved for the development.

6.

The subdivision owner shall provide a copy of the approved SWP3s to all utility agencies before the utilities begin construction in the subdivision development.

7.

The subdivision owner bears the responsibility for implementation of the approved SWP3s for all construction activity within the development, excluding construction under the control of subsequent owners of individual lots and construction managed by utility agencies.

8.

The provisions of Section 456.050(B)(2) shall apply to any transfer of ownership of the entire tract.

9.

The subdivision owner who transfers ownership of a lot or a portion of the overall subdivision property and the new owner or operator of the lot or parcel shall file an ILC form for each lot with KDHE or incorporate in the contract for sale the requirements stated in the ILC form. Each subsequent owner of an individual lot must agree to be responsible for continued implementation of the approved SWP3s for all construction activity within or related to the individual lot, excluding construction managed by utility agencies. The permittee shall maintain either the ILC form or a copy of the contract for sale covering the same requirements on site or in the location identified in the NOI and shall provide ILC forms or copies of the contract to the Director upon request.

D.

Preparation and Implementation of Stormwater Pollution Prevention Plans. Preparation and implementation of Stormwater Pollution Prevention Plans for construction activity shall comply with this Section 456.050(D).

1.

Preparation.

a.

The SWP3 shall be prepared under the direction of a qualified person as defined in Section 456.030.

b.

The SWP3 shall provide the name, address and phone number of the project owner for purposes of correspondence and enforcement.

c.

The SWP3 shall identify existing natural resources such as streams, forest cover and other established vegetative cover.

d.

The SWP3 shall specify and provide detail for all BMP necessary to meet the requirements of this Chapter, including any applicable BMP that have been adopted and imposed by the City.

e.

The SWP3 shall specify when each BMP will be installed and for how long it will be maintained within the construction sequence. Multiple plans may be required for major phases of construction such as rough grading, building construction and final grading.

f.

The SWP3 shall delineate all anticipated disturbed areas and specify the vegetative cover that must be established in those areas to achieve final stabilization.

2.

Implementation.

a.

BMP shall be installed and maintained by qualified persons as defined in Section 456.030. The owner or its representative shall be able to provide upon the Director's request a copy of the SWP3 on site within one (1) hour during construction activity or within the next business day for periods of inactivity and shall be prepared to respond to unforeseen maintenance of specific BMP.

b.

The owner or its representative shall inspect all BMP at least once per month and within the next business day after a rainfall of one-quarter (¼) of an inch or more as measured at the site or generally reported in the Junction City area.

c.

Authorized City personnel may require modifications to the SWP3 if its provisions do not meet the requirements of this Chapter. Based on inspections performed by the owner or by authorized City personnel, modifications to the SWP3 will be necessary if at any time the specified BMP do not meet the objectives of this Chapter. In this case, the owner shall meet with authorized City personnel to determine the appropriate modifications. All modifications shall be completed within seven (7) days of the referenced inspection date of notification and shall be recorded on the owner's copy of the SWP3.

E.

Requirements for Utility Construction. Utility agencies shall comply with the following:

1.

Utility agencies shall develop and implement Best Management Practices (BMP) to prevent the discharge of pollutants on any site of utility construction within the City. In addition, the City may adopt and impose BMP on utility construction activity.

2.

Utility agencies shall implement BMP to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately if the sediment presents a traffic hazard or public safety concern.

3.

Prior to entering a construction site or subdivision development, utility agencies shall have obtained from the owner a copy of any SWP3s for the project. Any disturbance to BMP resulting from the utility construction shall be repaired immediately by the utility company in compliance with the SWP3.

(Ord. No. G1027 §1, 8-7-07)

A.

Submissions From the General Public. Members of the general public may submit information pertaining to this Chapter to the City of Junction City, office of the City Engineer. The Director will consider such submissions as they pertain to the implementation and enforcement of this Chapter and will provide written or verbal response to the person submitting the information.

B.

Enforcement Personnel Authorized. The following personnel employed by the City shall have the power to issue notices of violations:

1.

All authorized personnel under the supervision of the City Manager.

2.

All health officers that are authorized representatives of the Director of the Junction City-Geary County Health Department.

C.

Right Of Entry and Sampling.

1.

Whenever the Director has cause to believe that there exists or potentially exists in or upon any condition which constitutes a violation of this Chapter, the Director or designee shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this Chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the City is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

2.

The Director or designee shall have the right to set up on the property of any discharger to the storm drainage system such devices that are necessary to conduct sampling of discharges to determine compliance with this Chapter.

D.

Notice of Violation.

1.

Whenever an authorized enforcement person determines that a person has violated a prohibition or failed to meet a requirement of this Chapter, the enforcement person will order compliance by written notice of violation to the responsible person and, if the responsible person is not also the owner, to the owner.

2.

The notice of violation shall identify:

a.

The names of the responsible person and owner.

b.

The date and location of the violation.

c.

A description of the violation.

d.

Actions that must be taken by the responsible person to remedy the violation.

e.

The deadline within which the required actions must be completed.

f.

Enforcement actions that may be taken by the City.

3.

Any person receiving a notice of violation may appeal the notice to the Director by written request for appeal which must be received by the Director within fifteen (15) days of the notice date. The Director will affirm, modify or rescind the notice in writing within fifteen (15) days of the date of the written request for appeal.

4.

Any person aggrieved by the decision of the Director may appeal the decision to the City Manager by submitting a written request for a hearing before the City Manager to show cause why such notice of violation should be modified or made to not apply to such person. The City Manager or his/her designee shall hold the requested hearing as soon as practical after receiving the request, at which time the person affected shall have an opportunity to be heard. Within fifteen (15) days after the conclusion of the hearing, the City Manager or his/her designee shall issue a written response to the person requesting the hearing affirming, modifying or rescinding the notice of violation. The decision of the City Manager shall be final.

E.

Action Without Prior Notice. Any person who violates a prohibition or fails to meet a requirement of this Chapter will be subject, without prior notice, to one (1) or more of the enforcement actions identified in Section 456.060(F), when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or threatened discharge which presents or may present imminent danger to the environment or to the health or welfare of persons or to the storm drainage system.

F.

Enforcement Actions. Any person who fails to comply with or appeals a notice of violation or fails to comply with an appeal decision of the City Manager will be subject to one (1) or more of the following enforcement actions:

1.

Stop work order. The Director may issue a stop work order to the owner and contractors on a construction site by posting the order at the construction site and distributing the order to all City departments whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval necessary to commence or continue construction or to assume occupancy at the site. A notice of violation shall accompany the stop work order and shall define the compliance requirements.

2.

Abatement of an illicit connection. The Director may order City representatives to terminate an illicit connection to the MS4. Any expense related to such abatement by City representatives shall be fully reimbursed by the property owner.

3.

Abatement of a violation on private property. When a property owner is not available, not able or not willing to correct a violation, the Director may order City representatives to enter private property to take any and all measures necessary to abate the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow City representatives to enter upon the premises for these purposes. Any expense related to such abatement by City representatives shall be fully reimbursed by the property owner.

4.

Recovery of costs. Within thirty (30) days after abatement by City representatives, the Director shall notify the property owner of the costs of abatement, including administrative costs, and the deadline for payment. The property owner may protest the assessment to the City Manager. The written protest must be received by the City Manager's office within fifteen (15) days after the date of the notification. The City Manager or his/her designee shall hold a hearing to consider the protest as soon as practical after receiving the request, at which time the property owner shall have an opportunity to be heard. Within fifteen (15) days after the conclusion of the hearing, the City Manager or his/her designee shall issue a written response to the property owner affirming, modifying or rescinding the costs of abatement. The decision of the City Manager shall be final. If the amount due is not paid within the protest period or if a protest is filed within ten (10) days after the decision of the City Manager, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this Section and the County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

5.

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

6.

Performance bonds. Where necessary for the reasonable implementation of this Chapter, the Director may, by written notice, order any owner of a construction site or subdivision development to file a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance with this Chapter. The City may deny approval of any building permit, subdivision plat, site development plan or any other City permit or approval necessary to commence or continue construction or to assume occupancy, until such a performance bond has been filed. The owner may protest the amount of the performance bond before the City Commission. The written protest must be received by the City Manager's office within fifteen (15) days of the date of the notification. A hearing on the matter will be scheduled before the City Commission as soon as practical, at which time the property owner shall have an opportunity to be heard. At the conclusion of the public hearing, the City Commission shall affirm, modify or rescind the amount of the performance bond determined by the Director. The decision of the City Commission shall be final.

7.

Criminal prosecution. Any person who violates or continues to violate a prohibition or requirement of this Chapter may be prosecuted and subject to the penalties of Section 456.060 of this Code. Each day any violation of this Chapter continues shall constitute a separate offense.

G.

Criminal Penalties. The violation of any provision of this Chapter shall be deemed a municipal offense. Any person violating this Chapter shall, upon an adjudication of guilt or a plea of no contest, be fined a minimum of two hundred fifty dollars ($250.00) to a maximum of one thousand five hundred dollars ($1,500.00). Each separate day on which a violation is committed or continues shall constitute a separate offense. The Municipal Court Judge shall have no authority to suspend all or a portion of the minimum fine.

H.

Other Legal Action. Notwithstanding any other remedies or procedures available to the City, if any person discharges into the storm drainage system in a manner that is contrary to the provisions of this Chapter, the City Attorney may commence an action for appropriate legal and equitable relief including damages and costs in the District Court of Geary County. The City Attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.

(Ord. No. G1027 §1, 8-7-07)

A.

This Chapter shall apply to all areas of development of one (1) acre in cumulative size or greater generated on any public or private land unless explicitly exempted by the City of Junction City.

B.

This Chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this Chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

C.

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter.

D.

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that compliance by any person will ensure that there will be no unauthorized erosion or sediment loss caused by said person. This Chapter shall not create liability on the part of the City of Junction City or any agent or employee thereof for any damages that result from any person's reliance on this Chapter or any administrative decision lawfully made thereunder.

(Ord. No. G1027 §1, 8-7-07)

A.

Fee. There is hereby assessed against all property within the City a storm drainage fee. Such fee is based upon a determination, using accepted engineering principles, of impact on the storm drainage system of uses within each property category as set forth hereinafter. The fee shall be assessed from and after the effective date of this Chapter.

B.

Definitions. For the purpose of this Section 456.080, the following definitions shall apply:

DEVELOPED RESIDENTIAL PROPERTY: Real property which has been altered from its natural state by the creation or addition of impervious surfaces, by the addition of any buildings, structures, pavement or other improvements for residential uses.

IMPERVIOUS SURFACE: A surface which is compacted or covered with material that is resistant to infiltration by water including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which impedes the natural infiltration of surface water.

LIVING UNIT: One (1) or more rooms in a residential use building which are arranged, designed, used or intended for use by one (1) family and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

OTHER DEVELOPED PROPERTY: Property which has been altered from its natural state by the creation or addition of impervious surfaces, by the addition of any buildings, structures, pavement or other improvements for uses other than residential uses. Such property shall include, but not be limited to, commercial properties, industrial properties, agricultural properties, parking lots, hospitals, schools, recreational and cultural facilities, hotels, offices and churches.

OTHER UNDEVELOPED PROPERTY: Property zoned for any use other than residential use on which there is no improvement by the addition of any buildings, structures, pavement or other improvements or impervious surfaces.

UNDEVELOPED RESIDENTIAL PROPERTY: Property zoned for residential use on which there is no improvement by the addition of any buildings, structures, pavement or other improvements or impervious surfaces.

C.

Property Classifications. For purposes of determining the storm drainage fee, all properties in the City of Junction City, Kansas, are classified into one (1) of the following categories:

1.

Developed residential property.

2.

Undeveloped residential property.

3.

Other developed property.

4.

Other undeveloped property.

D.

Fees Assessed.

1.

The storm drainage fees for developed residential property shall be assessed per living unit as follows:

a.

Seven dollars ($7.00) per month per living unit; and

b.

For each living unit served by more than one (1) water meter, five dollars ($5.00) per month per additional water meter.

2.

The storm drainage fees for undeveloped residential property are five dollars ($5.00) per month per lot or tract.

3.

The storm drainage fees for other developed property shall be based upon area of such property and are assessed as follows:

4.

The storm drainage fees for other undeveloped property shall be based upon area of such property and are assessed as follows:

5.

In determining the area of property developed or zoned for a particular use, the area measured shall include all property contiguous to the particular use and under the same ownership, except that if a portion of said property that is both unimproved and legally subject to being subdivided from that portion actually devoted to the primary use. In situations where property is used in common with more than one (1) use, the common area shall be included with each use in the same proportions as the area of each use bears to the area of the total of all uses. In situations where property is devoted to uses on more than one (1) level, the area of the property shall be proportionately divided among the levels and the storm drainage fees shall be assessed pro rata.

E.

Revenue. The revenue generated by this fee shall be set aside in a special fund to be used only for the construction, reconstruction, maintenance and repair of storm drainage system facilities, including the acquisition and related costs thereof of real estate for such use. In addition, said fund may be used to pay fees to study and prepare documents related to such facilities and to make payments of principal and interest on bonds issued for such improvements. Nothing in this Section shall be deemed to limit or restrict the City's ability to use and obtain other sources of funds for the same or similar purposes.

F.

Collection. The following provisions govern billing and collection of storm drainage fees:

1.

For water metered properties utilizing the existing City water utility services, the storm drainage fees set forth above may be included as part of the monthly bill for water service, but shall be identified separately on said billing, said fees shall be due at the same time as water charges are due and the failure to pay said fees shall be considered a failure to pay water charges and enforceable pursuant to Section 700.200 of this Code.

2.

For properties not utilizing the existing City water utility services, the storm drainage fees may be separately billed to the person designated in the Geary County property tax records as owner of the property for ad valorem real estate tax billings. Such bills may be mailed by the City monthly, but shall be billed at least annually.

3.

In addition, any time City water service is initially established or re-established to a property, all fees hereunder shall be paid current, as of the date such water service is established or re-established.

4.

The owner or occupant of the property and, in the case of water metered property, any person who is responsible for the payment of water service to the property shall all be jointly and severally responsible for the payment of said fee. Persons responsible for the payment of water service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter.

5.

To the extent permitted by applicable law, the storm drainage fee shall be subject to interest for late payment at a rate that is the same as the rate prescribed in K.S.A. 79-2004, as amended, and K.S.A. 79-2968, as amended, shall constitute a lien on the applicable property in the same manner as City ad valorem real property taxes and shall be collected in the same manner as City ad valorem real property taxes collected by Geary County, regardless of whether the storm drainage fee was incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

G.

Appeals. The following provisions govern appeals of determinations of storm drainage fees:

1.

Any person who disagrees with the calculation of their storm drainage fee or who believes that the actual amount of impervious area located upon their property justifies a reduction in the square footage of their property used to calculate the fee, in order to make their fee consistent with other uses with a similar amount of impervious area, may appeal the determination of their fee to the City Engineer. The appeal shall be in writing. The City Engineer shall thereafter hold an informal hearing. The City Engineer, prior to such hearing, may request that the appealing party provide information concerning the basis of the appeal, including a land survey showing dwelling units, total property area and impervious area, as appropriate, if such information is deemed to be material by the City Engineer. Based upon information provided, the City Engineer shall make a determination of the storm drainage fee for such property. The City Engineer shall notify parties in writing of his/her decision.

2.

A person shall have the right to appeal the decision of the City Engineer to a board comprised of the City Manager or his/her designee, the Director of Public Works and a member of the City Commission. Such appeal shall be made within fifteen (15) days of the date of the written decision of the City Engineer. Such appeal shall be in writing and filed with the City Engineer. A hearing on such appeal shall be held within thirty (30) days from the date of filing and the applicant shall be given seven (7) days' advance notice of the time and date of such hearing. Within seven (7) days after the conclusion of such hearing, the Board shall render a decision in writing that sets forth findings that support its decision. The decision of the Board shall be final and any further appeal of such decision shall be to the District Court pursuant to K.S.A. 60-2101(d).

(Ord. No. G-1048 §1, 4-21-09; Ord. No. G-1225 §1, 6-19-18)