Owensboro, KY Environmental Rules: Stormwater Management (2026)
Key Facts
- Criminal penalty
- Class A misdemeanor, up to $500 / 12 months
- Civil penalty
- Up to $1,000, due in 20 days
- Enforcement path
- NOD then NOV I, II (stop-work), III
- Lien interest
- 12% annual interest on unpaid abatement
- Governing sections
- Municipal Code §§ 26-351, 26-354, 26-357, 26-359
Summary
Owensboro's Stormwater Ordinance bans dumping waste, debris or pollutants into ditches, catch basins or any part of the storm sewer system that drains into the city's MS4. A violation that reaches a third-level notice is a Class A misdemeanor punishable by up to $500 and 12 months in jail, plus a possible $1,000 civil penalty.
Sec. 26-351. - Purpose and scope. The city adopts this article in order to establish a set of water quality and quantity parameters applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff in all public and private developments. ... ... Sec. 26-354. - MCM # 3 - Illicit discharge detection and elimination. (a)It shall be unlawful for any person to do, or permit, authorize, allow or direct another person to do, or fail to do when required, any of the following: ... (2)Deposit any solid waste, debris, yard waste, pollutants, waste water (sewage), concrete, building materials, tires, appliances, animal carcasses, or any other substance, material or obstruction of any kind in an open ditch, sewer, or stormwater inlet and catch basin, manhole, that is part of or drains into the MS4 or CSS. ... ... Sec. 26-359. - Penalties - Non-exclusive remedies. (a)Criminal Penalty. ... shall be guilty of a class A misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed twelve (12) months, or both.
Full Breakdown
Owensboro Municipal Code § 26-351 adopts water quality and quantity parameters for all surface waters to guide stormwater runoff regulation on public and private developments, aiming to protect the municipal separate storm sewer system (MS4) and local water resources from degradation. Section 26-354, one of the ordinance's minimum control measures for illicit discharge detection, makes it unlawful to deposit solid waste, debris, yard waste, pollutants, wastewater, concrete, building materials, tires, appliances or animal carcasses into any open ditch, sewer, stormwater inlet, catch basin or manhole that is part of or drains into the MS4 or combined sewer system, or to create an illicit connection to the public storm sewer.
Enforcement under § 26-357 escalates through a notice of deficiency, then Notice of Violation Levels I, II and III, with Level II triggering a stop-work order and Level III triggering penalties. Section 26-359 sets those penalties: a criminal violation reaching NOV III is a Class A misdemeanor, punishable by a fine up to $500, imprisonment up to 12 months, or both, with each 24-hour period of continuing violation a separate offense. A civil penalty up to $1,000 can also be assessed, payable within 20 days of citation, and the city may pursue legal or equitable remedies including injunctive relief.
Property owners who fail to abate a stormwater nuisance can also face a lien on their property recorded with the county clerk, bearing 12 percent annual interest until paid, under § 26-357(c). The city engineer's office administers permitting and inspections under § 26-353.
Violations & Fines
A citation that escalates to Notice of Violation Level III is a Class A misdemeanor carrying up to a $500 fine, up to 12 months in jail, or both, with each 24-hour period of continuing violation a separate offense. The city can also assess a civil penalty of up to $1,000 payable within 20 days, and unpaid abatement costs become a property lien bearing 12 percent annual interest.
Frequently Asked Questions
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Sources & Official References
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