Kansas City Code § 60-180 Violations and penalties.
Sec. 60-180. - Violations and penalties.
Any person who violates any requirement of this article shall be subject to penalties as described herein.
(Ord. No. 120551, § 1, 6-28-12)
VIOLATIONS AND PENALTIES
Kansas City Code ch. 60, art. IV, div. 8
in effectKansas City Code § 60-181 Publication of industrial users in significant noncompliance.
Sec. 60-181. - Publication of industrial users in significant noncompliance.
The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city's POTW, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean one or more of the following:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
(2) Technical-review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC. The TRC for BOD, TSS, fats, oils and grease is 1.4. For all other parameters except pH, the criteria is 1.2;
(3) Any other discharge violation of a pretreatment standard or requirement as defined by 40 CFR 403.31(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director believes has caused, or has the potential to cause, alone or in combination with other discharges, interference or pass through, or to endanger the health or welfare of city personnel or the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or an enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation(s), which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. No. 120551, § 1, 6-28-12; Ord. No. 230390, § 1, 5-11-23)
Kansas City Code § 60-182 Injunctive relief.
Sec. 60-182. - Injunctive relief.
If any person or industrial user violates the provisions of this article or any order of the director, the city attorney may commence an action for legal or equitable relief in any court with appropriate jurisdiction.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-183 Civil remedies; suit additional to other remedies.
Sec. 60-183. - Civil remedies; suit additional to other remedies.
(a) The director shall have the authority to adopt rules and regulations not otherwise inconsistent with anything herein to carry out the provisions of this article, including an enforcement response plan. The enforcement response plan shall include fines assessed on a per-violation basis as follows:
Nature of Violation | Administrative Fine
Failure to file a report 45 days or more past due date | $1,000
pH violation | $500
Discharge Violation
does not exceed Technical Review Criteria | $500
exceeds Technical Review Criteria | $1,000
Violations which place Industrial User in Significant Non-Compliance | $2,000
Falsification of Records/Reports | $5,000
Delay of Entry beyond 15 minutes | $1,000
Denial of Entry | $5,000
Denial of access to files | $2,000
NOTE: Administrative Fines are subject to modification of the discretion of the director.
(b) In addition to any and all remedies provided in the Charter and this chapter, the city shall have the power to bring suit against any person who has violated an order of the director or who has failed to comply with any provisions of this article, and the orders, rules, regulations and permits issued hereunder, to seek a civil penalty of not less than $1,000.00 but not more than $5,000.00 per day per violation. In addition to the civil penalty imposed herein, the city shall be entitled to an award for the damage (including restoration) caused by said violation or failure to comply. Each calendar day in which a violation continues shall be considered a separate offense subject to the penalty provided herein.
(1) Ten percent of the amount of the judgment shall be added as attorney's fees in every proceeding brought under this chapter, to be added and collected in the same manner as other costs in the case.
(2) In addition to the penalties, damages, and attorney's fees provided herein, the city may recover, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.
(Ord. No. 120551, § 1, 6-28-12; Ord. No. 230390, § 1, 5-11-23)
Kansas City Code § 60-184 Ordinance violation.
Sec. 60-184. - Ordinance violation.
Any person or industrial user who violates any provision of this article, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a violation of this article, and shall be subject to a fine of not less than $1,000.00 but not more than $5,000.00 per day per violation or by imprisonment for not more than 12 months or both. For any continuing violation, each day of the violation shall be considered a separate offense.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-185 Liability for expenses.
Sec. 60-185. - Liability for expenses.
Any person violating any provision of this article shall become liable to the city for any expenses incurred by the city as a result of such violation.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-186 Termination of service.
Sec. 60-186. - Termination of service.
Any industrial user found to be in violation of this article, or of any wastewater discharge permit or order issued hereunder, is subject to termination of water and/or sewer service.
Such industrial user shall be given 30 days' notice of the proposed termination of service and offered an opportunity to show cause why the proposed action should not be taken, unless immediate suspension of service pursuant to section 60-188 is necessary.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-187 Show cause hearing.
Sec. 60-187. - Show cause hearing.
The director may order any person which causes or contributes to violation(s) of this article, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or pretreatment requirement, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the person show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. A show cause hearing shall not be a prerequisite for taking any other action and shall not otherwise limit the director's authority to proceed under this article during the pendency of the show cause proceedings.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-188 Emergency suspensions.
Sec. 60-188. - Emergency suspensions.
(a) The director may immediately suspend water and or sewer service to an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, which threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(b) Any industrial user notified of a suspension of water and/or sewer service shall immediately stop or eliminate its discharge. If an industrial user fails to immediately comply with the suspension order, the director shall take such steps as are deemed necessary, including immediate severance of the sewer connection and termination of water service, to prevent or minimize damage to the POTW, the receiving stream, or endangerment to any individuals. The director shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings set forth in section 60-186 are initiated against the industrial user.
(c) An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause(s) of the harmful discharge and the measures taken to prevent any future occurrence to the director, prior to the date of any show cause or termination hearing under sections 60-186 and 60-187.
(d) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. No. 120551, § 1, 6-28-12)
Kansas City Code § 60-189 Remedies nonexclusive.
Sec. 60-189. - Remedies nonexclusive.
The provisions in sections 60-180 through 60-188 are not exclusive remedies. The director may take any, all, or any combination of these actions against a noncomplying industrial user. Nothing in this article is intended to limit the enforcement discretion of the city.
(Ord. No. 120551, § 1, 6-28-12)
Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH60SESEDI_ARTIVCOINWA_DIV8VIPEFetched: 10/28/2026