1. Ordinance 1634 - Illicit Stormwater Discharge Regulations - 2nd ReadingCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kallspell.com
SUBJECT: ordinance 1634 - Illicit Discharge to Stormwater System
Ordinance — Second Reading
MEETING DATE: Monday, March 3, 2008 - Regular Council Meeting
BACKGROUND: The City's MS4 General Permit requires the City to implement
a Stormwater Management Program which consists of six minimum measures and
water quality controls for discharge to impaired water bodies. one of the measures,
Illicit Discharge Detection and Elimination, requires the City to 1) develop,
implement, and enforce a program to detect and eliminate illicit discharges, 2)
develop a storm sewer system map, and 3) effectively prohibit, through ordinance or
other regulatory mechanism., non-stormwater discharges into the permitted
municipal stormwater system and implement appropriate enforcement procedures
and actions.
Ordinance No. 1634 is being presented to Council on second reading to meet
this need. It effectively prohibits illicit discharges into the City's stormwater
systems and identifies enforcement procedures and actions. The target date for
development and implementation of the ordinance is 2008. The ordinance
addresses the following:
• Categories of non-stormwater discharges or flows (i.e., illicit discharges) listed in
the state general permit
• occasional incidental non-stormwater discharges (e.g. non-commercial or charity
car washes) that will not be addressed as an illicit discharge
* Provisions prohibiting any individual non-stormwater discharge that is
determined to be contributing significant amount of pollutants to the City's
stormwater systems
. Enforcement procedures and actions
Memo to Council — Illicit Discharges to Stormwater System
February 28, 2008
Page - 2
RECOMMENDATION: That Council consider and pass Ordinance No. 1634 on
second reading so that the City may be compliant with its MS4 General Stormwater
Permit requirements. The ordinance will become effective 30 days after passage of
second reading.
FISCAL EFFECTS: As previously explained to Council, there are and will
continue to be costs associated with the City's mandated status as a MS4 permit
holder. The costs to the City of being the local regulator and enforcer of stormwater
regulations are currently within the budget. Any future changes to the state or
federal stormwater requirements will need to be evaluated at that time.
Respectfully submitted,
f
Charles arb , City Attorney
Ja s H. Patrick, City Manager
Office of City Attorney
City of Kalispell
ORDINANCE NO, 1634
AN ORDINANCE ESTABLISHING REGULATIONS CONTROLLING THE
INTRODUCTION OF POLLUTANTS INTO THE CITY OF KALISPELL MUNICIPAL
SEPARATE STORM SEWER SYSTEM (MS4) IN COMPLIANCE WITH THE
REQUIREMENTS OF THE MONTANA POLLUTANT DISCHARGE ELIMINATION
SYSTEM (MPDES) PERMIT PROCESS, ESTABLISHING PENALTIES FOR SUCH
ILLICIT DISCHARGES AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is in the best interests of the health, safety, and general welfare of the citizens of
Kalispell to provide municipal regulation of non -storm water discharges to the storm
drainage system to such extent as required by federal and state law; and
WHEREAS, such regulation should establish methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4) in order to comply with
requirements of the Montana Pollutant Discharge Elimination System (MPDES)
permit process; and
WHEREAS, The objectives of the regulating ordinance should be:
(1) To regulate the contribution of pollutants to the MS4 by storm water
discharges by any user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance with
this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION 1 DEFINITIONS.
For the purposes of this ordinance, the following terms shall mean:
Authorized _Enforcement _Agency. Employees or designees of the director of the municipal agency
designated to enforce this ordinance.
Best Mannyement Practices BMPs . Schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants directly or indirectly to
storm water, receiving waters, or storm water 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.
Cit . The City of Kalispell, the Department of Public works and its designees.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity. Activities subject to MPDES Construction Permits and City Stormwater
Management Permits. These include construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
Hazardous Materials. 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.
Illegal_Discharge. Any direct or indirect non -storm water discharge to the storm drain system, except
as exempted in Section 8 of this ordinance.
Illicit Connections. An illicit connection is defined as:
Any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that
allows any non -storm water discharge including sewage, process wastewater, and/or wash
water to enter the storm drain system and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency or,
Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as defined in 40
CFR, Section 122.26 (b)(14).
Municipal Separate Storm Sewer System MS4 . The system of conveyances (including sidewalks,
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, plan -made
channels, or storm drains) owned and operated by the City of Kalispell and designed or used for
collecting or conveying storm water, and that is not used for collecting or conveying sewage.
National Pollutant Discharge Elimination System NPDES Storm Water Dischar e Permit. A permit
issued by EPA (or by a State under authority delegated pursuant to 33 U.S.0 § 1342(b)) that
authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area -wide basis.
Non -Storm Water Discharge, Any discharge to the storm drain system that is not composed entirely
of storm water.
Person. Any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
Pollutant. Anything which causes or contributes to pollution. 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; sediment, refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution;
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floatables; detergents, 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.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Drainage _ System. Publicly -owned facilities by which storm water 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.
Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Storm Water Management Plan. A document which describes the Best Management Practices and
activities to be implemented by a person or business to identify sources of pollution or contamination
at a site and the actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a
facility.
SECTION 2 APPLICABILITY.
This ordinance shall apply to all water entering the storm drain system generated on any developed
and undeveloped lands unless explicitly exempted by the City of Kalispell.
SECTION 3 RESPONSIBILITY FOR ADMINIS TR.A. TION.
The Kalispell City Department of Public Works shall administer, implement, and enforce the
provisions of this ordinance. Any powers granted or duties imposed upon the Kalispell City
Department of Public Works may be delegated in writing by the Director of the Public Works
Department to persons or entities acting in the beneficial interest of or in the employ of the
Department.
SECTION 4 COMPATIBILITY WITH OTHER REGULATIONS.
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other
provision of law. The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance
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.
SECTION 5 SE VERA.BILI TY.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or
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circumstances shall be held invalid, such invalidity shall not affect the other provisions or application
of this ordinance.
SECTION 6 UL TI A. TE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards;
therefore this ordinance does not intend or imply that compliance by any person of this ordinance
will. ensure that there will be a determination of no contamination, pollution, or unauthorized
discharge of pollutants by a state or federal agency.
SECTION 7 DISCHARGE PROHIBITIONS.
7J. Prohibition of Illegal Discharges.
No person shall. throw, drain, or otherwise discharge, cause, or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants,
other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this
ordinance:
a) A discharge or flow resulting from fire fighting by the Fire Department
b) A discharge or flow from lawn watering, or landscape irrigation
c) A discharge or flow from a riparian habitat or wetland
d) A discharge of flow from a diverted stream flows, or natural spring
e) Uncontaminated ground water infiltration, and rising ground waters
f) A discharge or flow from individual residential car washing,
g) Uncontaminated discharge of flow from a foundation drain, crawl space pumps, or
footing drains
h) A discharge of flow from a potable water sources not containing any harmful
substance or material from the cleaning or draining of a storage tank or other
container
i) 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
j) De --chlorinated drainage from private residential swimming pool and hot tubs.
Drainage from swimming pool and hot tub filter backwash is prohibited
(2) The following discharges are exempt from discharge prohibitions established by this
ordinance with written permission from the Director of Public Works:
a) A discharge flow from water line flushing or disinfection that contains no harmful
quality of total residual chlorine or any other chemical used in line disinfection.
b) A discharge or flow of uncontaminated stormwater and ground water pumped from
an excavation
c) A discharge or flow from pumped uncontaminated ground water
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d) A discharge or flow from water used in street washing or cosmetic cleaning that is
not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant,
or any other harmful cleaning substance
e) Discharges associated with dye testing
f) Discharges associated with non-commercial or charity car washes
(3) The prohibition shall not apply to any non -storm water discharge permitted under an MPDES
permit, waiver, or waste discharge order issued to the discharger and administered under the
authority of the Montana Department of Environmental Quality (DEQ) provided that the
discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicable laws and regulations, and provided that written approval has also been
granted for such discharge to the storm drain system by the City of Kalispell Director of.
Public works.
7.2. Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the storm
drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(3) A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
(4) Improper connections in violation of this ordinance must be disconnected and redirected, if
necessary, to an approved onsite wastewater management system or the sanitary sewer
system upon approval of the Public works Department.
(5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the storm sewer system, shall be located by the owner or
occupant of that property upon receipt of written notice of violation from the City of
Kalispell requiring that such locating be completed. Such notice will specify a reasonable
time period within which the location of the drain or conveyance is to be determined, that the
drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall
location or point of connection to the storm sewer system, sanitary sewer system or other
discharge point be identified. Results of these investigations are to be documented and
provided to the City of Kalispell Public works Department.
SECTIONS WATERCOURSE PROTECTION.
Every person owning property through. which a watercourse passes, or such person's lessee, shall
keep and maintain that part of the watercourse within the property free of trash, debris, yard waste,
and other obstacles that would pollute, contaminate, or significantly retard the flow of water through
the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse.
SECTION 9 INDUSTRL4L AND CONSTRUCTION ACTIVITY.
9.1. Submission of Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) to
City of Kalispell
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(1) Any person subject to an industrial or construction activity MPDES 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 City of Kalispell Public Works prior to the allowing of
discharges to the MS4.
(2) The operator of a facility, including construction sites, required to have an MPDES permit to
discharge storm water associated With industrial activity shall submit a copy of the Notice of
Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP), to the City of Kalispell
Public Works Department at the same time the operator submits the original NOI and
SWPPP to the State Department of Environmental [duality (DEQ) as applicable.
(3) The copy of the NOI and SWPPP shall be delivered to the City of Kalispell Public Works
Department either in person or by mailing it to:
City of Kalispell
Public Works Department
201 First Avenue East
Kalispell, MT 59901,
(4) A person commits an offense if the person operates a facility that is discharging storm water
associated with industrial activity without having; submitted a copy of the NOI and SWPPP to
do so to the City of Kalispell Public Works Department.
SECTION 10 COMPLIANCE MONITORING.
10.1. Right of. Entry: Inspection and Sampling.
The City of Kalispell shall be permitted to enter and inspect facilities subject to regulation under this
ordinance as often as may be necessary to determine compliance with this ordinance.
(1) If a discharger has security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the City.
(2) Facility operators shall allow the City of Kalispell 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 MPDES permit to discharge stormwater, and the performance of
any additional duties as defined by state and federal law.
(3) The City shall have the right to set up on any permitted facility such devices as are necessary
in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water
discharge.
(4) The City has the right to require the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment 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 storm water flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral
request of the City and shall not be replaced. The costs of clearing such access shall be borne
by the operator.
(6) Unreasonable delays in allowing the City access to a permitted facility is a violation of a
storm. water discharge permit and of this ordinance. A person who is the operator of a facility
with an MPDES permit to discharge storm water associated with industrial activity commits
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an offense if the person denies the City reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this ordinance.
10.2. Search warrants.
If the City has been refused access to any part of the premise from which storm water is discharged,
and it is able to demonstrate probable cause to believe that there may be a violation of this ordinance,
or that there is a need to inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this ordinance or any order issued hereunder, or to protect the
overall public health, safety, and welfare of the community, then the City may seek issuance of a
search. warrant from any court of competent jurisdiction.
SECTION 11 REQUIREMENT TO PREVENT", CONTROL, AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The City of Kalispell will adopt requirements identifying Best Management Practices for any
activity, operation, or facility which may cause or contribute to pollution or contamination of storm
water, the storm drain system, or waters of the United States. The owner or operator of such activity,
operation, or facility shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses through. the use of these structural and non-structural BMPs. Further, any person
responsible for a property or premise that is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a
valid MPDES permit authorizing the discharge of storm water associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs
shall be part of a storm pollution prevention plan (SWPPP) as necessary for compliance with
requirements of the MPDES permit.
SECTION 12 NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, 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 illegal discharges or
pollutants discharging into storm water, the storm drain system, or waters of the United States, said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall immediately 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 City of Kalispell Director of Public
Works 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 City of Kalispell
Department of Public works within seven (7) business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on --site written record of the discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least five (5) years.
Failure to provide notification of a release as provided above is a violation of this ordinance.
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SECTION 13 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
13.1. Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this ordinance. Any person who has violated or continues to violate the provisions of
this ordinance, may be subject to the enforcement actions outlined in this section or may be
restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the City
of Kalispell is authorized to enter upon the subject private property, without giving prior notice, to
take any and all measures necessary to abate the violation and/or restore the property. The City is
authorized to seek costs of the abatement as outlined in Section 16.
1.3.2. Warning Notice.
When the City finds that any person has violated, or continues to violate, any provision of this
ordinance, or any order issued hereunder, the City may serve upon that .person a written Warning
Notice, specifying the particular violation believed to have occurred and requesting the discharger to
immediately investigate the matter and to seek a resolution whereby any offending discharge will
cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way
relieves the alleged violator of liability for any violations occurring before or after receipt of the
Warning Notice. Nothing in this subsection shall limit the authority of the City to take any action,
including emergency action or any other enforcement action, without first issuing a Warning Notice.
1.3.3. Notice of Violation.
Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of
this ordinance, the City may order compliance by written notice of violation to the responsible
person.
The Notice of Violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the
violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this ordinance
and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the Kalispell Municipal
Court by filing a written notice of appeal within twenty (20) days of service of notice of
violation; and
(7) A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
Such notice may require without limitation:
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(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
13.4. Suspension of MS4 Access.
13.4.1. Emergency Cease and Desist Orders
When the City finds that any person has violated, or continues to violate, any provision of this
ordinance, or any order issued hereunder, or that the persons past violations are likely to recur, and
that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to
the MS4 or waters of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the City of
Kalispell Director of. Public Works may issue an. order to the violator directing it immediately to
cease and desist all such violations and directing the violator to:
(1) Immediately comply with all ordinance requirements; and
(2) Take such appropriate preventive action as may be needed to properly address a continuing
or threatened violation, including immediately halting operations and/or terminating the
discharge.
Any person notified of an emergency order directed to it under this Subsection shall immediately
comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to
immediately comply voluntarily with the emergency order, the City may take such steps as deemed
necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or
endangerment to persons or to the environment, including immediate termination of a facility's water
supply, sewer connection, or other municipal utility services. The City may allow the person to
recommence its discharge when it has demonstrated to the satisfaction of the City Director of Public
Works that the period of endangerment has passed, unless further termination proceedings are
initiated against the discharger under this ordinance. A person that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken to prevent any future
occurrence, to the City Department of Public Works within three (3) days of receipt of the emergency
order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the violator.
13.4.2. Suspension due to Illicit Discharges in Emergency Situations
The City may, without prior notice, suspend MS4 discharge access to 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 MS4 or waters
of the United States. If the violator fails to comply with a suspension order issued in an emergency,
the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or
waters of the United States, or to minimize danger to persons.
13.4.3. Suspension due to the Detection of Illicit Discharge
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Any person discharging to the MS4 in violation of this ordinance may have their MS4 access
terminated if such. termination would abate or reduce an illicit discharge. The City will notify a
violator of the proposed termination of its MS4 access. The violator may petition the City Director of
Public Works for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to
this Section, without the prior approval of. the City.
1.3.5. Civil Penalties.
In the event the alleged violator fails to take the remedial measures set forth in. the notice of violation
or otherwise fails to cure the violations described therein within ten (10) days, or such greater period
as the City shall deem appropriate, after the City has taken one or more of the actions described
above, the City may impose a penalty not to exceed one thousand $1,000 dollars (depending on the
severity of the violation) for each day the violation remains unremedied after receipt of the notice of
violation.
13.6. Criminal Prosecution.
Any person that has violated or continues to violate this ordinance shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of five hundred
$SOD dollars per violation per day and/or imprisonment for a period of time not to exceed 180 days.
Each act of violation and each day upon which any violation shall occur shall constitute a separate
offense.
SECTION 14 APPEAL OF NOTICE OF VIOLATION
Any person receiving a Notice of Violation may appeal the determination of the City Director of
Public works. The notice of appeal must be received within ten (10) days from the date of the Notice
of Violation. Hearing on the appeal before the City Council shall take place within twenty (20) days
from the date of receipt of the notice of appeal. The decision of the City Council shall be final.
SECTION 15 ENFORCEMENT MEASURES AFTER APPEAL
If the violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal, within ten (10) days of the decision of the City Council
upholding the decision of the City Director of Public Works, then representatives of the City shall
enter upon the subject private property and are authorized to take any and all measures necessary to
abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
SECTION 16 COST OF ABATEMENT OF THE VIOLATION
Within twenty (20) days after abatement of the violation, the owner of the property will be notified of
the cost of abatement, including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within twenty (20) days. If the amount due is not paid
within a timely manner as determined by the decision of the municipal authority or by the expiration
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of the time in which to file an appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the City of Kalispell
by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments.
Interest at the rate of ten (10) percent per annum shall be assessed on the balance beginning on the
twentieth (20th ) day following discovery of the violation.
SECTION 1.7 VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition caused or permitted to
exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be abated or restored at the violator's
expense, pursuant to City ordinance, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
SECTION 18 REMEDIES NOT EXCLUSIVE
The remedies listed in this ordinance are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the City to seek cumulative
remedies.
The City may recover all attorneys fees court costs and other expenses associated with enforcement
of this ordinance, including sampling and monitoring expenses.
SECTION 19 This ordinance shall be effective thirty (30) days from and after the date of its final
passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF I ALISPELL THIS 3RD DAY OF MARCH, 2008.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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