§ 30-132. Industrial facility discharges to storm sewers.

(a)

The director shall maintain a registry of industrial facilities that discharge to the unified government's municipal sanitary storm sewer system (MS4).

(1)

A facility shall be automatically placed on this registry if it is among any of the following: (A) a municipal landfill; (B) a hazardous waste treatment, disposal, and recovery facility; or (C) an industrial facility that reports to EPA's toxics release inventory (TRI) in accordance with Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) (42 U.S.C. § 11023).

(2)

A facility may be placed on the registry if the director determines the facility contributes or may contribute substantial pollutant loadings associated with the industrial activity to the MS4.

(3)

Facilities which discharge exclusively into the combined sewer system or which otherwise do not discharge to the MS4 will not be included on the registry.

(4)

Facilities will not be included on the registry if they have a Kansas Department of Health and Environment (KDHE) authorized no exposure certification, pursuant to 40 CFR § 122.26(g).

(5)

The director shall update the registry annually. Facilities currently on the registry which cease or modify operations may request removal by the director. Facilities which undergo a change in ownership or operator responsibility shall submit updated information upon formal change of control. Any owner or operator of a new facility falling under the requirements of this section shall submit evidence of coverage for stormwater discharges under the KDHE state general permit (notice of intent authorized by KDHE) or an individual permit (copy of signed permit) upon request by the director, if such coverage is required.

(b)

An owner or operator of a facility on the active registry shall comply with the following:

(1)

Upon request, submit to the director a signed and authorized copy of a notice of intent (NOI) filed with the State of Kansas for coverage under the KDHE state general permit or a copy of a signed individual permit, if such coverage is required. The NOI or permit should evidence the facility's ability to lawfully discharge stormwater associated with the industrial activities on site.

(2)

Upon request, submit to the director a copy of a notice of termination submitted to KDHE to terminate coverage under the KDHE state general permit.

(3)

Upon request, submit to the director a copy of an authorized no exposure certification.

(4)

Prepare and implement a stormwater pollution prevention plan (SWPPP) in accordance with the requirements set forth in the KDHE state general permit or, for a facility covered by an individual NPDES permit, in accordance with the individual permit. Upon request, provide the director with a copy of the SWPPP including any amendments thereto.

(5)

The SWPPP shall be kept at the facility, in an accessible location, at all times while the facility is covered by the applicable permit.

(6)

The SWPPP shall be prepared and signed by a qualified individual as defined by the KDHE state general permit or by the individual NPDES permit, whichever is applicable. The signature of the preparer shall constitute his/her attestation that the SWPPP fully complies with the requirements of the KDHE state general permit or individual NPDES permit and the EPA NPDES program.

(7)

Implement a sampling and testing program as required by the applicable NPDES permit. Upon request by the director, provide a copy of any stormwater sampling and analysis results, or any other documentation relating to permit coverage, required to be submitted to the KDHE under the terms of the applicable industrial stormwater permit.

(8)

Qualified personnel (provided by the owner or operator) shall inspect equipment and areas of the facility as required by the KDHE state general or individual NPDES permit, whichever is applicable, and the associated SWPPP. A set of tracking or follow up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained. Upon request, the owner or operator shall provide the director with a copy of the annual site compliance evaluation or other inspection reports.

(9)

Maintain and enforce procedures for spill prevention and response, including written documentation and training on procedures for material storage, handling equipment, spill cleanup, worker and environmental safety, and regulatory compliance. The owner or operator shall have ready and available materials and equipment needed, and shall assign personnel with formal responsibility, to react quickly and effectively to spills and leaks.

(10)

Cooperate with and make the facility available to the director for periodic independent inspections, in accordance with the procedures outlined in section 30-6. For the purposes of this provision, the director is not required to have a belief of an actual or potential violation.

(11)

Upon review of the SWPPP, owner or operator reports and documents, or any site inspection, the director may provide written comments to the owner or operator regarding the contents, effectiveness, or possible deficiencies of the SWPPP or of the owner's or operator's implementation of activities related to the SWPPP. The owner or operator shall respond in writing to such comments within 30 days and shall propose changes to the facility's SWPPP and operations for the director's review and approval.

(12)

Following such comment period, the director may then give a written directive requiring the owner or operator to alter, amend, change, or discontinue practices that are found to cause or potentially cause the release of pollutants into the MS4. The director may also refer issues to the State of Kansas for consideration or action. In the event of an imminent release or emergency condition, the director may issue such written directives without waiting for the comment period. The owner or operator shall make any changes mandated by the director within the time frame stated in the written directive.

(13)

In the event that an industrial facility included on the registry does not require coverage under the KDHE state general permit or an individual NPDES permit, the operator shall prepare and submit to the director a SWPPP meeting the functional standards in the KDHE state general permit, and shall in all other respects comply with the requirements of the KDHE state general permit and this chapter, subject instead to enforcement by the unified government alone.

(c)

In the event that an owner or operator fails to comply with any provision of this article, the director make take, at the director's discretion, any enforcement actions authorized by section 30-3 or any other section of the unified government's Code. Appeals of any enforcement action by the director shall be governed by the provisions at section 30-5.

(Ord. No. O-28-14, § 3, 5-1-2014)