HomeMy WebLinkAbout2014-07-21-Ordinance 2769_Concrete Washout ProhibitionORDINANCE NO.2769
AN ORDINANCE TO AMEND CHAPTER 612 OF THK WAUKEE MUNICIPAL CODE
TO PROHIBIT THE WASHING OF CONCRETE TRUCKS AND/OR MIXING
DEVICES ON PUBLIC PROPERTY AND IN PRIVATE PROPERTY IN
UNAUTHORIZED MANNERS AS PROVIDED HEREIN AND TO PROVIDE THK
PENALTIKS FOR VIOLATIONS.
WHEREAS,the washing of concrete trucks and mixers on public and private property in
irresponsible manners contaminate storm and ground water,and damage public sewers thereby
creating a public health risk;AND
WHEREAS,the Federal Clean Water Act and the provisions of the NPDES permit
prohibit the washing of concrete trucks and mixers without the use of an Environmental
Protection Agency or Iowa Department of Natural Resources approved Best Management
Practices concrete washout containment device;AND
WHEREAS,as part of the City's monitoring construction activities throughout the City,
the washing of concrete trucks and mixers on public property as part of private construction and
without the use of an Environmental Protection Agency or Iowa Department of Natural
Resources approved Best Management Practices concrete washout containment device.In
addition,the improper disposal of concrete washout devices has been observed in the City that
pose a risk of concrete waste material entering City storm water facilities and contaminate
ground water;AND
WHEREAS,when the City undertakes construction projects,contractors are monitored
and required to follow the terms of the Clean Water Act and all applicable permits and undertake
a complete process for the containment and disposal of waste from concrete truck/mixer washing
activities;AND
WHEREAS,the City believes that it is in the best interest of the City that the washing of
concrete trucks and mixers as part of construction activities in the City be further regulated to
preserve the integrity of the water supply,and public infrastructure and to allow for efficient
enforcement of violations.
BE IT THEREFORE ORDAINED by the Council of the City of Waukee:
Section 1.The Chapter of the Waukee Municipal Code is hereby amended by repealing
sections 612.3,612.4,612.5,and 612.6 and enacting in lieu thereof the following:
Section 612.3-Washin of concrete trucks and mixers on ublic ro ert rohibited.
Except as done as part of construction activities undertaken by the City,the washing of
concrete trucks and/or mixers onto public streets,alleys,sidewalks,"parking"or public
property is prohibited.A person who violates this section shall be guilty of a simple
misdemeanor and a scheduled fine of $250.00 dollars per violation,plus all applicable
surcharges and court costs.
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Section 612.4 —Manner of washin concrete trucks and mixers,
Concrete tmcks and mixers shall be washed such that the runoff and/or waste water from
such.activity is received and contained in a an Environmental Protection Agency or Iowa
Department of Natural Resources approved Best Management Practices concrete washout
containment device.A person who violates this section shall be guilty of a simple
misdemeanor and a scheduled fine of $250.00 dollars per violation,plus all applicable
surcharges and court costs.
Section 612.5-Dis osal of residue and material in a concrete washout containment
device.
Except as done as part of construction activities undertaken by the City,no person shall
empty,dump or clean out the material,residue or waste contained in a concrete washout
containment device onto public streets,alleys,sidewalks,"parking"or public property.A
person who violates this section shall be guilty of a simple misdemeanor and a scheduled
fine of $250.00 dollars per violation,plus all applicable surcharges and court costs.
Section 612.6 Violations.
A violation of this chapter shall constitute a simple misdemeanor and,unless otherwise
specified herein,be subject to a fine of up to $7S0.00 and/or 30 days in jail as allowed by
law.
Section 2 Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severabili Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 21"day of July,2014,and approved this 21"day 'July,2014.
Attest:
illiam .P ard,ayor
Rebecca D.Schuett,City Clerk
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