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HomeMy WebLinkAboutNCS000482_APPLICATION_20160510STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. CS o 0 DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT. &--APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE (� (10 ❑ YYYYMMDD May 10, 2016 North Carolina Department of Environmental Quality Division of Water Quality — Stormwater Permitting Attn. Mr. Mike Randall 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Stormwater Permit Renewal City of Monroe (Permit No. NCS000482) Dear Mr. Randall, CITY _ OF MONROE u frerifase ofirrnsn•s5 RECEIVED DENR•L.AND WAL.ITY &TORMWArER P1 RMITTING Please find enclosed one copy of the City of Monroe Comprehensive Stormwater Management Program Report, along with an original signed NPDES Stormwater Permit application farm by Mayor Bobby G. Kilgore III you have any questions, feet free to contact me at (704) 282-4537 or email me at ccostner2monroenc.org. Sincerely, &�f S17T— Chris Costner, P.I. Stormwater Supervisor Enclosures cc: file NPDES STORMWATER PERMIT RENEWAL APPLICATION FORM This application form is for use by Local Governments seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and one copy of a Narrative of The Stormwater Management Program. The required Narrative of The Stormwater Management Program is described in Section VII of this form. I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE Name of Local Government City of Monroe Permit Number NCS000482 RECEIVED Expiration Date November 30, 2016 1:!AY t 3 2016 01-:N':�LAND QUAUTY II. CO -PERMIT APPLICATION STATUS INFORMATIONTM4R4hlAiRFFtMi1"f;rVG (Complete this section only if co -permitting) a. Do you intend to co -permit with another regulated public ❑ Yes ® No entity? b. If yes, name of regulated N/A public entity c. If yes, have legal agreements been finalized ❑ Yes ❑ No between the co- ermittees? III. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more ❑ Yes ® No of your permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish ❑ Yes ❑ No responsibilities? Page 1 SWU-264 June 17, 2015 NPDES RPE Stormwater Permit Application IV. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person, their title/position. Documentation of board action delegating permit authority to this person/position must be provided. a. Name of person to which permit authority has been delegated b. Title/position of person above V. SIGNING OFFICIAL"S STATEMENT If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section IV above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Bobby t Kilgore Name Title Mayor Street Address 300 West Crowell Street PO Box PO Box 69 City Monroe State North Carolina Zip 28111 Telephone 704-282-4502 E-Mail bkilgore@monroenc.org VI. LOCAL GOVERNMENT CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Chris Costner, P.E. b. Title Stormwater Supervisor c. Street Address 300 West Crowell Street d. PO Box PO Box 69 e. City Monroe f. State North Carolina g. Zip 28111 h. Telephone Number 704-282-4537 j. E-Mail Address ccostner@monroenc.org Page 2 SWU-264 June 17, 2015 NPDES RPE Stormwater Permit Application VII. NARRATIVE STORMWATER MANAGEMENT PROGRAM Attach one copy of a narrative describing the stormwater management program. The report must be presented in the following order. 1. Population and Estimated Growth Rate 2. Jurisdictional Area 3. Describe Stormwater Conveyance System 4. Estimated Land Use 5. Identify the Receiving Streams 6. Identify TMDLs (if applicable) 7. Identify impaired streams, likely sources, and existing programs that address the impairment (if applicable) 8. List any existing water quality programs 9. Identify and describe any partnerships and/or inter -local agreements 10. Describe any state programs 11. Identify any other entity that the regulated public entity relies on to implement or manage its stormwater program. 12. Identify points of contacts 13. Describe the public education and outreach program 14. Describe the public involvement and participation program. 15. Describe the Illicit Discharge Detection and Elimination Program. 16. Describe the post -construction stormwater program 17. Describe practices to inspect and maintain municipally -owned facilities 18. Describe practices to inspect and maintain structural stormwater control devices 19. Describe practices to reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop inlets, and drainage structures. 20. Describe any training programs for municipal staff. 21. Describe spill response procedures for those at Municipally Owned and/or Operated Facilities as well as those in the public right-of-way. Page 3 SWU-264 June 17, 2015 CITY OF M(^1101; d herihist. „f lrrogress City of Monroe, North Carolina Comprehensive S'tormwater Management Program Report Prepared By: The City of Monroe Engineering Department October 2011 Review and Updates. - December 2013 December 2014 April 2016 Table of Contents Ptiu 1. Storm Sewer System Information.................................................................................... 4 1.1 Population Served.............................................................................................. 4 1.2 Growth Rate..................................................................................................... 4 1.3 Jurisdictional and MS4 Service Area........................................................................ 4 1.4 MS4 Conveyance System..................................................................................... 4 1.5 Land Use Composition Elements............................................................................ 4 1.6 TMDL, Identification.............................................................1.1.......................1.1. 4 2. Receiving Streams .................................... ................ 5 ..................................................... 3. Existing Water Quality Programs..................................................................................... 7 3.1 Local Programs.................................................................................................. 7 3.2 State Programs.................................................................................................. 7 4. Permitting Information.................................................................................................. 8 4.1 Responsible Party Contact List............................................................................... 8 42 Organizational Chart............................................................................................ 11 4.3 Signing Official.................................................................................................. 12 5. Co -Permitting Information............................................................................................. 12 6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations ...................... 12 7. Stormwater Program Management Plan............................................................................ 12 7.1 Public I-ducation and Outreach on Storm Water Impacts ................................................. 12 7.1.1 BMP Summary Table................................................................................ 12 7.1.2 'Target Audience...................................................................................... 13 7.1.3 Target Pollutant Sources................................................................ ........... 13 7.1.4 Outreach Program.................................................................................... 13 7.1.5 Evaluation............................................................................................. 13 7.2 Public Involvement and Outreach ...................... 7.2.1 BMP Summary Table............................................................................... 13 7.2.2 Target Audience...................................................................................... 14 7.2.3 Participation Program............................................................................... 14 7.2.4 Evaluation............................................................................................. 14 7.3 Illicit Discharge Detection and Elimination................................................................. 14 7.3.1 BMP Summary Table................................................................................ 14 7.3.2 Storm Sewer System Map.......................................................................... 14 7.3.3 Regulatory Mechanism.............................................................................. 14 7.3.4 Enlorcernent.......................................................................................... 15 7.3.5 Detection and Elimination........................................................................... 15 7.3.5.1 Procedures for Locating Priority Areas .................................................. 15 7.3.5.2 Procedure far"Tracing the Source of the Illicit Discharge ........................... 15 7.3.5.3 Procedures for Removing the Source of the Illicit Connection ..................... 16 7.3.5.4 Procedures for Evaluation of Illicit Connection and Discharge Component ...... 16 7.3.6 [Von Stormwater Discharges........................................................................ 16 7.3.7 Outreach............................................................................................... 17 2 7.3.8 Staff Training......................................................................................... 17 7.3.9 Evaluation............................................................................................. 17 7A Construction Site Stormwater Runoff Control.............................................................. 17 7.4.1 I3MP Summary Table................................................................................ 17 7.4.2 Regulatory Mechanism....•......................................................................... 17 7.4.3 Plan Reviews ................................. ............. ........ .................... I...... .... ..... 17 7.4.4 Enforcement........................................................................................... 17 7.4.5 Inspections.................................................................................. 7.4.6 Public Information.................................................................................... 18 7.4.7 Evaluation............................................................................................. 18 7.5 Post -Development Stormwater Management in New Development and Redevelopment ............ 18 7.5.7 13MP Summary Table............................................................................... 18 7.5.8 Non -Structural BMP's.............................................................................. 18 7.5.9 Structural BMP's..................................................................................... 19 7.5.10 Regulatory Mechanism....................................................................... ...... 19 7.5.1 1 Operation and Maintenance......................................................................... 19 7.5.12 Natural Resource Protection........................................................................ 19 7.5.13 Open Space Protection.............................................................................. 19 7.5.14 'free Preservation.................................................................................... 19 7.5.15 Development in Areas with Existing Infrastructure ............................................. 20 7.5.16 Mixed -Use Development............................................................................ 20 7.5.17 Street Design........................................................................................... 20 7.5.18 Reduce Parking Requirements............................................................I......1., 20 7.5.19 Minimizing Stormwater from Parking Lot ........................................................ 20 7.520 Green Infrastructure Practices...................................................................... 20 7.5.21 Evaluation............................................................................................. 20 7.6 Pollution Prevention 1 Good Housekeeping for Municipal Operations .................................. 20 7.6.1 13MP Summary'I'able............................................................................... 20 7.6.2 Affected Operations............................................................. ..................... 21 7.6.3 Training................................................................................................ 23 7.6.4 Maintenance and Inspections........................................................................ 23 7.6.5 Vehicular Operations................................................................................ 23 7.6.6 Waste Disposal ................... 23 7.6.7 Flood Management Projects........................................................................ 23 7.6.8 Existing Ordinances................................................................................. 24 7.6.9 Evaluation............................................................................................ 24 8.0 Contract Operations.............................................................................................. 24 Appendix A — BMP Summary 'fable....................................................................................... 25 Appendix E3 — Erosion and Sedimentation Control....................................................................... 31 Appendix C — Stormwater Management Ordinance....................................................................... 32 Appendix D — Sanitary Sewer Connections................................................................................33 Appendix E — Spill Response Procedure................................................................................... 34 3 City of Monroe Stormwater Management Program Report 1. Storm Sewer System Information 1.1 Population Served Permanent Population: 33,955 Seasonal: 0 Basis of Information: NC Office of Budget and Management 1.2 Growth Rate: 3.5% Annual 1.3 ,Jurisdictional and MS4 Service Areas Municipal: 29.63 square miles Extraterritorial .furisdiction: 8.0 f square miles 1.4 MS4 Conveyance System: The City of Monroe Stormwater System consists of a combination of piping, ditches, and sheet flow. Within the City of Monroe are located two water supply watersheds feeding two lakes — Lake Lee, classified as it WS-IV watershed, and Lake Twitty, classified as a WS-III watershed. The City of Monroe's Stormwater Management Ordinance requires structural BMP's on all new development and redevelopment sites to control the stormwater discharge quality and quantity leaving the site. 1.5 Land Use Composition Estimates: Residential: 40% Commercial: 35% Industrial: 10% Open Space: 15% 1.6 TMDL Identification: No "I'MDl, allocation presently exists for any streams within the City of Monroe. (aside from the statewide TMDL for Mercury) 4 2. Receiving Streams - Primary Streams "liable 1. Water *Use IR Receiving Stream Stream Segment ' Quality Support Water Quality category Name Classific Rating Issues (2012) ation Yadkht River Bashi Richardson Creek 13-17-36-(3.5) WS IV; Chlorophyll a (40 (Lake Lee) Entire Reservoir CA 1 pg11, AL, NC) 5 106.4 FW Acres 13-17-36-(5)a 1 a Richardson Creek From Monroe Water Supply Dam C I Benthos Fair (NAR, 5 (Lake Lee) to Stewarts Creek Al, FW) 6.4 FW Miles C 13-17-36-4-(2) Chlorophyll a (40 Richardson Creek From a point 0.6 mile upstream of WS-IV; I pg/I, AL, NC) 5 (Lake Monroe) Buck Creek to Richardson Creek CA 38.7 FW Acres 13-17-36-4-(0.) Chlorophyll a (40 Richardson Creek From source to a point 0.6 mile WS-IV l pg/l, AL, NC) 5 (Lake Monroe) upstream of Buck Branch 77.1 FW Acres 13-17-20-2a Benthos floor (Nar, South Fork From source to SR 1515 C I AL, FW) 5 Crooked Creek 5.6 Fish Community Fair 5 I-W Miles Nar. A1, FW l 3-17-36-9-(1) From source to a point 0.4 mile Stewarts Creek downstream of mouth o1' Stumplick WS-III I Benthos Fair (NAR, 5 Branch AL, FW) 8.3 FW Miles 13-17-36-9-(4.5) From a point 0.4 mile downstream of Chlorophyll a (40 Stewarts Creek 'I'witty) mouth of Stumplick Brand to Union WS-III; I µg/l, AL, NC) 5 (Lake County SR 1681 (City of Monroe CA Intake supply) 131.1 FW acres 13-17-36-6 Bearskin Creek Source to Richardson C ND 9.7 miles Florsepen Branch 13-17-36-6-1 C ND Camp Branch 13-17-36-6-2 C ND Dry Fork 13-17-36-6-3 C ND Fast Fork Stewarts 13-17-36-9-2 WS-111 ND Creek Lick Branch 13-17-36-9-3 WS-III ND Stumplick Branch T-13-17-36-9-4 WS-Ili ND Calawha River Bmvirr Fast Fork — 12 Mile Unknown C ND Crcek ,Tributary 3 East Fork — 12 Mile Unknown C ND Creek, Tributary 5 * Nlt = Not Rated * ND = Not Determined * 1 = Impaired, Category 5 ** not within City Limits 3a Not Rated Parameter assessment is Not Rated due to insufficient or inconclusive data. 4t Impaired Parameter assessment is impaired and there is an approved TMDL for the parameter Exceeding Criteria, approved TMDL for assessed parameter 5 Impaired Parameter assessment is impaired and a TMDL development is required for the parameter Exceeding Criteria, no approved TMDL in place for assessed parameter 6 3. Existing Water Quality Programs 3.1 Local Programs 3.1(a) Stormwater Management Ordinance The City of Monroe administers a Stormwater Management Ordinance to control stormwater pollutants as well as increased stormwater volume and velocity from new development and redevelopment sites so that water quality is protected and downstream flooding is reduced. The ordinance requires a Best Management Practice (BMP) for all development and redevelopment within the corporate limits or in the extraterritorial jurisdictions within the City of Monroe. Zoning requirements also require buffers along designated streams to help retain stream water quality along developing sites. 3.1(b) Erosion and Sedimentation Control Program The City of.'Monroe was delegated the responsibility of administering its own Erosion and Sedimentation Control Program in June 2002. The policy parallels the State of North Carolina requirements with some modifications which include a maximum of 12,000 s.f. of' disturbed area without a grading permit. 'fhe City of Monroe enforces the program through an inspection and plan review process, as well as issuing fines and citations for violations. 3.1(c) Stormwater System Repair Program The City of Monroe offers private citizens the opportunity to correct or repair problem areas on private properly due to public runoff. The City provides the necessary labor, equipment, and repair materials to qualifying projects. 3.2 State Programs 3.2(a) Best Management Practices Best Management Practices required for post -construction related sites follow the requirements of the N.C. Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources — Land Quality Section. 3.2(b) Clean Water Act of 1977 The City of' Monroe, in accordance with the Clean Water Act of 1977, requires Developers/Contractors to acquire Section 401 permits for various activities related to stream and wetland water quality. 4. Permitting Information 4.1 Responsible Party Contact List BMP and Measurable Contact Position Phone 4 Fax # Email Address Goals Person Public Education and Outreach 1 Distribute brochures to groups and Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridae@monroenc.org citizens 2 Classroom presentation Carol Hambridge NPDES Coordinator (704)282-4535 (704) 282-4735 chambridge c ntonroenc.org 3 Maintain City ormatwith Deanna O'Neill Engineering Tech. II (704) 282-4539 (704) 282-4735 doneill a monroenc.org Stormwater information -- 4 Work with Regional Stormwater Partnership Chris Costner Stormwater Supervisor (704) 282-4537 (704) 282-4735 ccostner c ,monroenc.org Public Involvement and Participation 1 Conduct a Public meeting on the Jim Loyd Director of (704) 282-4529 (704) 282-4T5 ilovd cr monroenc.orQ Stormwater Management Plan En ineerin Organize and Administer a Public Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridgenmonroenc.org Involvement Program 3 Promote and Maintain Stormwater Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridgeamonroenc.or; Hotline Illicit Discharge and Elimination Train and coordinate with other 1 departments to report illicit Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge(a)monroenc.org connections Prepare and distribute brochures 2 to the public educating them on i Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge rn_r.monroenc.orQ illicit connections Provide for public involvement to Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge@rnonroenc.ory report illicit connections 4 Identifi person to follow-up p p on Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge2c rnonroenc.org reports Develop and implement an Illicit Stormwater 5 Discharge and Elimination Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner u.monroenc.org Program 6 Maintain and update the ma of p Chris Costner Stormwater (704) 282- 4537 (704) 282-4735 ccostner a,monroenc.on4 Stormwater Outtfalls Supervisor Track and document the 7 investigation and enforcement of Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge a,monroenc.or� illicit discharges Construction Site Stormwater Runoff Control Sites will comply with City of Stormwater & Land I Monroe Erosion Control Ordinance Don Kell- Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org Engineer Stormwater R Land 2 Pre -construction Meeting Don Kelly Development (704) 282-5795 (704) 282-4735 dkellynmonroenc.org Engineer Stowater R Land 3 Monthly Site Inspection Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly e4monroenc.org Engineer Post Construction Site Runo Controls New Development and Redevelopment sites will abide by Stormwater I the City of Monroe Stormwater Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@..monroenc.org Management Ordinance and 15A NCAC 2H.1000 Review annual inspection reports Stormwater 2 from owners of Stormwater Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@..monroenc.ora facilities Stormwater & Land 4 Buffers along Streams Don Kelly Development (704) 282-5795 (704) 282-4735 dkellyOmmonroenc.org Engineer 5 Enforcement Chris Costner Stormwater Supervisor (704) 282-4537 (704) 282-4735 ccostner(amonroenc.org Pollution Prevention /Good Housekee in for Municipal O eratio/is I Maintain inventory of Municipal Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge u,monroenc.org owned or operated facilities. Supervise implementation and 2 updating of Stormwater Pollution Prevention Plans at City owned Carol E[ambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridgenmonroenc.org municipal operations BMPs to reduce polluted runoff Interim Streets 4 from Streets, Roads, and Public "Terrell Jackson Supervisor (704) 282-4553 Odeaton c .monroenc.org parking lot maintenance O&M for municipal owned or Interim Streets 5 maintained catch basins and Terrell Jackson Supervisor (704) 282-4553 Odeatong.monroenc.org convevance systems Maintain list of municipal owned Stormwater 6 or maintained structural Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccosmernmonroenc.org stormwater controls (BMPs) 7 Pesticide, Herbicide and fertilizer application management Distribute pollution prevention 8 training materials for public Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridgefa monroenc.or6 facilities Provide training for those employees who maintain the 9 public facilities on proper disposal Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge0monroenc.org procedures and inspection of public facilities Prevent or minimize 10 contamination of stormwater Carol Hambrid e NPDES Coordinator 704 ( ) 282-4535 (704) 282-4735 chambridge rr monroenc.or6 runoff form areas used for vehicle and equipment cleaning Evaluate spill response program 1 t and determine effectiveness on Carol Hambridge NPDES Coordinator (704) 282-4535 (704) 282-4735 chambridge n,monroenc.org minimizing impacts on stormwater quality I 4.2 Organizational Chart: City Clerk Bridgette Robinson Assistant City Manager / Mayor City Manager Director of Downtown City Council Larry Faison HBrian Borne City Attorney Mujeeb Shah -Khan Director Bruce Bounds Water Resources Director Russel Colbath Parks and Recreation Director Tonga Edwards Planning and Develp meet Director Lisa Stiwinter Human Resources Director Debra Chestnut Reed Engineering Director Jim Loyd Police Chief Ilnteriml Bryan Gilliard Fire Chief Ron Fowler --J Energy Services Director Don Mitchell Economic Development and Aviation Director Chris Plate Communications and Tourism Officer Pete Hovanec Finance Director Lisa Stickland Downtown Monroe Director Brian Borne Stormwater Supervisor Chris Costner NPDES Coordinator Carol Nambridge Stormwater and Land Stormwater Engineering Development Engineer Technician 11 Don Kelly Jimmy Jenkins Civil Engineer I Tonya Griffin Engineering Technician II Deanna O'Neill Erosion Control Inspector Chad Splawn Street Infrastructure Engineer Sarah McAllister Interim Street Division Stormwater Crew Leader Superintendent Terrell Jackson H Johnny McManus Equipment Operator 11 Scott Jones Equipment Operator I Robert Stegail Construction Maintenance Worker II Tony Vicenta Construction Maintenance Worker II Cody Kiker Construction Maintenance Worker II Levi Adams Street Sweeper - Operator I Ron Cureton Lloyd Cabbell 4.3 Signing Official: Ranking; Elected Official: Mayor Name: Bobby G. Kilgore The City Charter of the City of Monroe designates the Mayor as the official head of the City government. 4.4 Duly Authorized Representative: NIA 5. Co -Permitting Information (if applicable) NIA G. Reliance on Other Government Entity to Satisfy One or More Permit Obligations None 7. Stormwater Management Program Plan 7.1 Public Education and Outreach on Storm Water Impacts 7.1.0 Goals and Objectives 2014 - 2015 1.) Continue to focus on Education of the youth through school programs 2.) Provide educational materials to high priority commercial establishments a. Outdoor washing 1 vehicle maintenance and body shops b. Restaurants 3.) Education and inspect local industries to promote Stormwater pollution prevention BMPs and permit compliance 7.1.1 RMP Summary Table (See Appendix A for Further Information) 1.) Distribute brochures to groups and citizens at various events including neighborhood meetings and public events 2.) Present storm water information to students and teachers 3.) Maintain City website with stormwater information 4.) Continue to work with IDEAS Center at UNC Charlotte and Regional Stormwater Partnership to promote good stormwater practices at both the local and regional levels. 12 7. f .2 Target Audience: `hhe target audience for this measure will be the general public ranging from homeowners to students to business owners. The Spanish-speaking and other non-langlish speaking; communities will be included as well. 7.1.3 Target Pollutant Sources: 1.) Oils and Greases: PetrOle1.1111 products can suflocatc living; organisms and cause harmful secondary chemical compounds, as well as clog sewer lines and harm equipment. 2.) Trash: Trash can clog sewer lines and cause hazardous water blockages. 3.) Sediment: Sediment can clog storm pipes and suffocate wildlife in the creeks and streams by invading the gills of fish and destroying habitat areas. 4.) Herbicides/Pesticides: Specific chemicals are toxic to different species of wildlife and plant life. Runoff into the storm system can carry these chemicals into the streams and creeks. 5.) Nutrients: Excess nutrient can cause algae and bacteria blooms in our lakes and streams. Algae will consume oxygen, increase turbidity in the water body and eventually die along with the fish and other aquatic life that need oxygen to live. In addition, excess nutrient can lead to taste and odor in the drinking water. 7.1.4 Outreach Program: Information concerning public education will be distributed at neighborhood meetings, classroom presentations, public events, by word-of=mouth, fliers, brochures and the City's website. The number of citizens reached by these methods is expected to be in the order of' 1,000 people at neighborhood meetings and public events and 15,000 people with utility billing. 7.1.5 Evaluation: A count of the number of people that attend educational events of the effectiveness of the program. In addition, positive response from the general public includes citizens. 7.2 Public Involvement and Participation 7.2.1 BMP Summary Table (See Appendix A for Further Information) 1.) Conduct a Public Meeting on initial the Stormwater Management Plan 13 3.) Maintain and promote the stormwater Hotline 4.) Coordinate volunteer community involvement programs a. Storm Drain Marking b. Adopt -A -Stream Program c. Volunteer Water Quality Monitoring 7.2.2. Target Audience: The general public will be the target audience. Civic groups will be encouraged to participate, as well as any other concerned citizens group. - 7.2.3 Participation Program: A public meeting will be held by the nvironmental and Water Resource Committee to allow the general public to comment on the Stormwater Management Plan and the associated program. Civic and neighborhood group members will be encouraged to volunteer to participate. They will also be encouraged to get involved in the various volunteer programs. 7.2.4 Evaluation: Attendance and involvement in various stormwater events and volunteer programs will gauge the effectiveness ofthe measure. 7.3 Illicit Discharge Detection and Elimination 7.3.1 13MP Summary Table (See Appendix A for Furthcr Information) 1.) Train and coordinate with other departments to report illicit connections. 2.) Continue to distribute brochures to the public educating them on illicit connections. 3.) Continue to provide for public involvement to report illicit connections. 4.) Develop and implement a program to conduct dry weather flow Illicit Discharge detection program. 7.3.2 Storm Sewer System Map: The City of Monroe currently has maps depicting the location of storm sewer system pipes and appurtenances in a GIS format. The maps also indicate creek and stream names. The maps were developed utilizing a GPS surveying system. As new systems are added or existing systems are amended. the map will be updated utilizing the GPS surveying system. 7.3.3 Regulatory Mechanism and Annual Review: The City of' Monroe will continue to use the existing Section 159-701 Illicit Discharges and Connections of the Stormwater Management ordinance that addresses cross connections and discharges into the stormwater system. 14 An annual review of the current IDDE regulatory mechanisms is tabulated below: Date of review Comments December 2014 Current mechanism is sufficient 7.3.4 Enforcement: The Section 159-701 Illicit Discharges and Connections of the Stormwater Management ordinance makes it a violation to cause or allow the discharge, emission, disposal, pouring, pumping, or connect directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in any manner for purposes ol'discharging anything other than stormwater runoff into the system. The language in the ordinance contains, as a minimum, that a notification will be issued to the owner outlining the procedures for remediation and consequences for non-compliance. 7.3.5 Detection and Elimination: The City will continue to use existing; City personnel, citizens and civic groups to detect illegal discharges and connections to stormwater conveyance systems through the Illicit Discharges and Connections program. `I'hc City is developing and implementing an Illicit Discharge Detection and Elimination (IDDE) Program. The program is based on an Outfall Reconnaissance program and will be implemented along; Stewarts Creek initially. 7.3.5.1 Procedures for Locating Priority Areas: Those areas where parcels are not yet connected to public sewer and depend upon septic systems will be examined on maps. See file: ..\Six Measures\Illicit ❑ischarue\Water with no Sewer possible septic tanks sites.xls Inspection ofolder existing sanitary sewer lines by the Water Resources Department will help identify those areas where a potential for cross contamination could occur. The public at large is provided the ability to report illicit connections. Employees are trained in the use of detection methods. Priority areas will be identified based on the dry weather inspections conducted as part of the IDDE program and per Hotline and the Union County Health Department. 7.3.5.2 Procedures for Tracing the Source of the illicit Discharge: The City will use various methods to trace the source of IE the illicit discharge including but not limited to visual inspection, field screening, and TV the stormwater system as required. 7.3.5.3 Procedures for Removing the Source of the Illicit Discharge: The Illicit Discharges and Connections ordinance gives the City the authority to remove illegal connections and discharges. City employees are given the authority to enter upon private property For purposes of inspection and empowered to issue fines and Notice of Violations. 7.3.5.4 Procedures for Evaluation of Illicit Connection and Discharge Component: An annual review of the illicit connection detection program by City staff will gauge its effectiveness. The effectiveness will be measured by comparing the number and type of illicit connection identified and corrected during the reporting period. 7.3.6 Non Stormwater Discharges: Activity_Allowed Not Allowed Water Line Sampling and Flushing X Landscape Irrigation X Diverted Stream Flows X Rising Ground Water X Uncontaminated Ground Water Infiltration * X Uncontaminated pumped ground water X Discharges from Potable Water Sources X Foundation Drains X Air Conditioning Condensation X Irrigation Water ** X Springs X Water from Crawlspace Pumps X Footing Drains X Lawn Watering X Individual Residential & Charity Car Washing X Flows from Riparian Habitats & Wetlands X Dechlorinated Swimming Pool Discharges X Street Wash Water X Flows from Emergency Fire Fighting X * As defined at 40 CFR 535.2005(20) ** Does not include reclaimed water as defined at 15A NCAC 21-t .0200 16 7.3.7 Outreach: The public will be notified through the Public Education and Outreach Program about the hazards and potential effects of illegal connections. Internal training programs for City employees will be presented via the Pollution Prevention / Good Housekeeping Program. 7.3.8 Staff Training: Internal training programs for City employees will be presented via the Pollution Prevention / Good Housekeeping Program. As part of the internal training program, City employees will be informed on what City Department to call to report any illicit discharge or connection. 7.39 Evaluation: Measurement of the success of this program will be defined by the quality and quantity of the stormwater at the outfalls. A secondary measurement will be the number of illicit connections discovered and removed. 7.4 Construction Site Stormwater Runoff Control 7.4.1 BMl' Summary Table: See Appendix A. 7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, Titic XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a grading permit is required for sites disturbing an area equal to 12,000 s.f. or more. The City of Monroe was delegated in June 2002 to review and enforce its own Sedimentation and Erosion Control Program. Copies are attached in Appendix B. 7.4.3 flan Reviews: A grading plan for the site is prepared by a qualified professional and presented to the City of Monroe for review oferosion control measures. Site plans are also given to the Planning and Development Department for review of required natural buffers along streams, if applicable. Nonresidential sites disturbing 12,000 s.f. or more of area are required to obtain a grading permit. While residential sites disturbing one acre or more are required to obtain a grading permit. Single -#amity lot disturbing less than 1 acre must submit a Maintenance Agreement. Non-residential sites disturbing less than 12,000 sf must submit a non-residential Installation and Maintenance Agreement. 7.4.4 Enforcement: The current Erosion and Sedimentation Control Ordinance provides for penalties to be assessed when site inspections reveal violations. If a site is in violation, a Notice of Violation is sent to the responsible party explaining the violation, which contains a remedy date by which corrections are to be made, and a warning that failure to comply can result in civil or criminal penalties. 17 7.4.5 inspections: Construction sites are inspected as required. Those sites disturbing; the greatest area and could pose a threat to adjoining streams and creeks are inspected first and more often. Commercial sites are inspected at least once per month or more frequently depending; upon site deficiencies and rainfall events. Items are inspected as presented on the approved erosion control plan and, if needed, revision may be required to the approved plans and initiation ofthe revision for compliance. 7.4.6 Public Information: The Erosion and Sedimentation Control Ordinance was presented to City Council for approval and open to public discussion. As new amendments are made, the public will have the opportunity to comment. 7.4.7 Evaluation: The success offthis program will be measured by the number of projects with sediment leaving the construction sites and the number of� Notice of Violation (N.O. V.) issued and fines levied. 7.5 Post -Construction Site Runoff Controls 7.5.1 A copy of the City of Monroe Stormwater Management Ordinance is attached. See Appendix C. 7.5.2 Maintenance requirements of the 13MP's are included in the Stormwater Management Ordinance. See Appendix C. 7.5.3 The City of Monroe owns and maintains its own wastewater collection system with non-sewered areas served by septic systems, as per City of' Monroe Ordinance Title V, Chap. 52, § 52.010. See Appendix D. 7.5.4 No surface waters within the City of Monroe drain into SA waters. 7.5.5 No surface waters within the City of Monroe drain into "1R waters. 7.5.6 No surface waters within the City of Monroe drain into Nutrient Sensitive waters. 7.5.7 13MP Summary Table: See Appendix A. 7.5.8 Non -Structural BMP's: 7.5.8.1 Zoning Ordinances for land development requires that proper vegetative buffers be placed or existing; ones be maintained, along designated streams. Other measures include requirements for 18 open space and landscaped areas in commercial and multi -family projects. 7.5.8.2 Interconnectivity of impervious surfaces is discouraged by requiring internal landscaped areas within project sites. 7.5.8.3 Conduct developer/contractor forums to address concerns with construction, inspection and long term maintenance of structural best management practices. 7.59 Structural BMP's: 7.5.9.1 Current water quality practices allow the use of wet detention ponds, in addition to those contained in the "Stormwater Best Management Practices" manual by the N.C. Department of I'nergy, Mineral and Land Resources, Land Quality Section, 7.5.10 Regulatory Mechanism: In October 2007, the City of Monroc adopted a Stormwater Management ordinance that addresses post - construction runoff from new development and redevelopment, Attached is a copy of the City of Monroe Stormwater Management Ordinance. See Appendix B. 7.5.1 1 Operation and Maintenance: Permitted 13MP's will be inspected annually by the owner and / or his representative and a report prepared by a qualified professional shall be submitted to the City of Monroe I'-ngineering Department. 7.5.12 Natural Resource Protection: Land Development Plan requires a 50-foot undisturbed buffer along all perennial and intermittent stream in conditional districts and a 35400t undisturbed buffer along all other perennial and intermittent stream. 7.5.13 Open Space Protection: Zoning Ordinances for land development requires that12.5% of the gross area of the development tract be dedicated to open space. 7.5.14 'Tree Preservation: 7.5.14.1 Section 156.221 Tree Preservation in the Zoning Ordinances for land development requires that deciduous and evergreen trees be preserved to the greatest extent possible. 7.5.14.2 Section 156.221 "free Preservation in the Zoning Ordinances for land development requires that a tree preservation plan be submitted prior to any land disturbing activities. The tree 19 preservation ordinances include a section on tree protection and preservation during construction. 7.5.15 Development in Areas with Existing Infrastructure: Land Development Plan encourages industries to locate in areas already served by adequate infrastructure, such as sewer, water, natural gas, and roads. 7.5.16 Mixed -Use Development: Land Development Plan map and Downtown Master Plan for the Downtown Area designate specific areas of the city for Mixed -Use Development. 7.5.17 Street Design: The Unified Development Ordinance and I.,and Development Plan encourage rear garages and alleys. 7.5.18 Reduced Parking Requirements: The developer/builder is to determine the required parking spaces according to the Land Development Plan and the Unified Development Ordinance. 7.5.19 Minimizing Stormwater From Parking Lot: The Unified Development Ordinance requires landscaped planted areas within or adjacent to the parking area as tree islands, at the end of'parking bays, inside seven (7) foot pride or greater medians, or between rows of cars. 7.5.20 Green Infrastructure Practices: Stormwater Management application and plans are required to be submitted prior to an applicant receiving their Erosion and Sediment Control permit. In addition, a developer/builder cannot receive their Certificate of Occupancy until Stormwater Management requirements are met including but not limited to stormwater maintenance agree ment(s), stormwater best management practices as -built and post -construction checklist. 7.5.21 Evaluation: The effectiveness of this measure will be determined by the success of obtaining a higher degree of water duality in the lakes and streams. 7.5.21 Enforcement: Notice of violations are tracked. 7.6 Pollution Prevention 1 Good Housekeeping; for Municipal Operations 7.6.1 BMP Summary Table. See Appendix A. 1.) Distribute pollution prevention training materials to those employees who maintain the public facilities on the principals ol'good housekeeping and how improper maintenance can be detrimental to the waterways. 20 2.) Provide training for those employees who maintain the storm sewer systems with emphasis on disposal of sediments and other solids removed from the systems. 3.} Provide training on the use of herbicides and other chemicals and how they can enter the storm systems through improper application. 4.) Inspect street operations facility to ensure that all stored chemicals are properly contained and any spill potential is minimized. 5.) Inform vendors with City contracts to practice good site housekeeping. 6.) Review the current spill response program for its effectiveness and adjust accordingly. 7.) Review and evaluate the effectiveness of the street sweeping program and adjust accordingly. 8.) Review municipality owned or operated regulated industrial activities 7.6.2 Affected Operations: Maior Significant Facilities Major Significant Facilities No. Name Comments 1 Street Division Center 2 Parks and Recreation Maintenance facility 3 Street Operations Center & City Garage 4 Police Shooting Range 5 hire Stations Dive stations 6 hire training center 7 Energy Service 8 Monroe Country Club and driving range 9 Water Treatment Plant 10 Monroe Aquatic and Fitness Center 11 Gasoline Fueling; Station Minor facilities No. Name Comments 1 Belk Tonawanda Park 2 Creft Park 3 Dickerson Park 4 Don Griffin Park (Jaycee Park) 5 Ellen Fitzgerald Senior Center 6 .1. Ray Shute Center 7 Old Armory Community Center 8 Parks William Complex 9 Sunset Park 10 Sutton Park 21 I 1 Winchester Center 12 Lake Lee Boathouse 13 Lake Monroe 14 Cemetery Dept, Storage 15 Sunset Cemetery 16 Hillcrest Cemetery Parking Lots only No. Name Comments 1 City Hall 2 Scott Parking Lots 3 Hotel Joffree Parking Lot 4 Church Street Parking lot (Correll & the Ban 5 Church Street Parking Lot RR Tracks) 6 Customer Service 7 Main Street Parking Lot (Belk) 8 Main Street Parking Lot (Correll) 9 Parking Lot at [Jayne & Crowell 10 Parking Lot at Franklin & Church 1 1 Parking Lot on Morgan at I-layne St 12 Monroe Housing Authority 13 Old City Hall 14 Parker and Hayne Parcel 15 Rehabilitation Transit Quarter 16 Fire / Police Station Minor Facilities No. Name Comments 1 Sewer Pump Stations 2 Electric Substations: 601 S Camp Sutton Cherry St. Goldmine Road i-late Coan Substation Icemorlee Police Substation Maurice St. Police Substation Walmart Police Substation 3 Gas Facilities Morgan Mill Road At Bearskin Creek Unionville Indian "frail Road 4 Water Tanks: 22 Airport Camp Sutton Goldmine Rd. Nelson heights Patten Ave. Rocky River 5 Pumping stations: Stewart Creek Stewart Creek 6 1 Water Transfer Station 7.6.3 Training: An employee training video will be utilized to emphasize best management practices. Flyers and handouts, along; with the City of'Monroe's Employee Guide to Prevent Stormwater Pollution, will be distributed to employees emphasizing the need for good housekeeping practices. Other government training materials will be sought out and used. Specialty training will be provided on a case -by -case basis through the use of seminars and other educational opportunities through outside agencies. 7.6.4 Maintenance and Inspections: Street sweeping will constitute the major thrust toward keeping solid debris from entering the MS4 system, along with solids collection during trash pick-up times. Uptown streets and sidewalks are swept at least once per week, while streets with curb and gutter are swept at least 5 times per year and all other streets at least twice per year. Garbage is collected throughout the City weekly, Presently, the Street Division inspects and maintains the storm sewer system after each rainfall event and on as as -needed basis. The City's stormwater utility program enables the stormwatcr maintenance crews to repair private drainage systems that receive public runoff. All tanks, valves, pumps, pipes, and other equipment related to the distribution of water resources and energy services are inspected and maintained on a daily or weekly basis by their respective Department. 7.6.5 Vehicular Operations: City parking lots are swept as needed. Road salt is stored within a covered storage facility. 7.6.6 Waste Disposal: Solids removed from the MS4 system are transported to the Street Division Facility for pick up by the solid waste disposal contractor. Larger loads are transported to the County transfer station for disposal. 7.6.7 Flood Management Projects: Flood management projects are designed with N.C. Department of' l nvironment and Natural 23 Resources requirements, as well as U.S. Army Corps of Engineers requirements. 7.6.8 Existing Ordinances: The following City ordinances were identified as having impacts on water duality: 1.) Title XV, § 158.05 — I -Erosion and Sedimentation Control 2.) Title V1I, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt, Garbage, Liquids, Trash; and Other Objectionable Material 3.) Title IX, Public Health Nuisances 4.) Title V, Chapter 55 — Solid Waste 5.) Title V, Chapter 52 — Waste Water 6.) Title V, Chapter 53 — Water Distribution System 7.6.9 Evaluation: The success of this measure will be evaluated through the responsiveness of the employees to new f3MP's_ Documentation of activities related to housekeeping practices will measure the extent of the program. 8. Contract Operations Contract operations including but not limited to solid waste pickup, pesticide applications, construction contracts include language in the agreement requiring contractors and subcontractors to meet all Applicable laws. Formal contract agreements are kept on file in the City Clerk's office with the respective department responsible for record retention of all informal agreements. 24 I. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Coals Responsible Position Brochures will also be available at city hall. In addition, l Distribute brochures to brochures will be available at neighborhood meetings NI DES Coordinator groups and citizens and city events. The number published and distributed will be recorded. Students and teachers will be presented the impacts of 2 Classroom presentation stormwater pollution and what can be done to reduce Nl'DES Coordinator impacts. Number of students and teachers presented the information will be tracked. Maintain the City website to include information on stormwater related issues, phone numbers to use for 3 Maintain the City website incident reporting and current stormwater activities NPDES Coordinator taking place. A counter will be used to track the number of request or hits. IDhAS Center at UNC Continue to work with IDEAS Center at UNC 4 Charlotte -- Regional Charlotte and the Regional Stormwater Partnership to Stormwater Supervisor Stormwater Partnership promote good stormwater practices at both the local and regional level. 2. Public Involvement and Outreach BM1' Measurable Goals Responsible Position Conduct a Public Meeting Provide public an opportunity to comment on the on the Stormwater Stornnvater Management Program Engineering Director Mana Bement Program Stormwater Management Utilize the Stormwater Management Advisory 2 Advisory Committee and Committee and Environmental and Water Resource City Council Environmental and water Committee for input on stormwater issues and the Resource Committee stormwater management progLarn. Continue to provide an opportunity for civic and volunteer group to participate in the Storm Drain Marker program. Continue to administer the 3 Public Involvement and Promote the Adopt -A -Stream program and coordinate NPDES Coordinator Participation Program(s) creek clean-ups. Develop and coordinate a local Volunteer Water Monitoring Program 4 Promote and Maintain Promote and maintain Stormwater Hotline for public NPDES Coordinator Stormwater Hotline input and reporting. 26 3. Illicit Discharge Detection and Elimination [IMP Measurable Goals Responsible Position Train and coordinate with Distribute information to other City departments 1 other departments to report outlining the methods used to detect and identify illicit NPDIS Coordinator illicit connections connections Distribute brochures to the Notification to the public via brochures outlining illicit 2 public to educate them on connections. A count of the quantity sent out will NPDES Coordinator illicit connections indicate the BMP's effectiveness. Provide for public Continue to provide the public with a means of 3 invoivement to report illicit reporting illicit connections or illegal dumping activities NPDES Coordinator connections via telephone and/or the city web a c 4 Identify person to follow- Continue to provide an annual report outlining the NI'DFS Coordinator up on reports amount ofreported and identified illicit connections Develop and implement an Develop a program to inspect outfalls, and identify and 5 Illicit Discharge and eliminate Illicit Discharges. Stormwater Supervisor Elimination program 4. Construction Site Stormwater Runoff Control BMP Measurable Coals Responsible Position Sites will comply with the Require construction site operators to implement i City of Monroe Erosion and erosion and sediment controls at construction sites and Stormwater & Land Sedimentation Control provides actions to ensure compliance. J pevelopmcnt 1=nginecr Ordinance A Pre -Construction meeting A Pre -Construction meeting will be held with City staff Stormwater & Land 2 will be held for each site and Financial Responsible person and/or their Development Fngineer J re �resentative(s) A monthly site inspection will be held with City's Stormwater & Land 3 Monthly Site Inspection Erosion Control Specialist and Financial Responsible Development Engineer erson and/ortheir representative(s) 27 5. Post Construction Stormwater Management in New Development and Redevelopment 13MP Measurable Coals Responsible Position New developed and redeveloped sites will abide All new developed and redeveloped sites must meet by the City's Stormwater City Stormwater Management Ordinance requirements Slorrnwater Supervisor Management ordinance and for water duality and quantity 15A NCAC 21-1.1000 Ensure property owner(s) Maintain an inventory of BMPs. Review annual 2 are maintaining the Stormwater Facilities on inspection report submitted from owners of stormwater Stormwater Supervisor their site facilities Assist Water Resources Department and Planning and Stormwater Land 3 Stream Bnflers Development with ensuring that buffers are protected Developmentt Engineer alon g all erennial and intermittent streams 4 l nforcerncnt ISSLIc and tracking of•Notice of Violations Stormwater Supervisor 28 (. Pollution Prevention / Good Housekeeping for Municipal Operations l3MP Measurable Goals Responsible Position Maintain inventory of Review and update the list of municipal facilities on an Municipal owned or annual basis. NI DES Coordinator operated facilities. Review of munici alit y } Conduct annual review ofthe industrial activities with a owned or operated Phase I N ["DES stormwatcr permit owned and operated regulated industrial by the permittee. Review the following aspects: the 2 activities, and development Stormwater PO]ILItion Prevention Plan where one is NPDES Coordinator of Storn»vater Pollution required, the timeliness of any monitoring reports Prevention Plans. required by the Phase I permit, and the results of (O&M Plan) inspections and subsequent follow-up actions at the facilities. Review the current Spill 3 Response Program for its Make an annual review of the responses to spills and NI DES Coordinator effectiveness and adjust evaluate the outcome of each one. accordingly. Review the street sweeping program and adjust Records will be kept of the volume of materials picked 4 accordingly to reduce polluted stornnvater runoff up by the street sweeping equipment and presented in an Streets Superintendent from streets, roads and annual report. public parking lots. O&M for municipal owned 5 or maintained catch basins Periodic cleanout of catch basins. Streets Superintendent and conveyance systems Maintain list of municipal owned or maintained Keep list of stormwatcr BM1's along with inspection 6 structural stormwater records. (see Post Construction Stormwater Stormwater Supervisor controls (BMI's) for Management above) InLilliCl al Operations O&M for Municipally Develop and implement an inspection checklist for each Stormwater & [,and 7 owned or maintained 13Mf type Development Engineer structural controls Implement an employee training program for municipal 8 Staff training I employees involved in implementing pollution NPDES Coordinator revention and good housekeeping. Provide training on the use of lerbicides and other Maintain records of those licensed to apply herbicides. 9 chemicals and how the Provide information on how storm systems receive E NPDS Coordinator can enter the storm syst ms runoff from vegetated areas using handouts. through improper application Inspect street operations facility to ensure that all Make a weekly inspection of those areas where 9 stored chemicals are chemicals used in the street operations are properly Street Superintendent properly contained and any stored and secured against spillage. spill potential is minimized. 10 Prevent or minimize contamination of Ensure that City Vehicle cleaning operations are NI DES Coordinator runoff from included in each facility's stormwater pollution 29 areas used for vehicle and prevention plan and wash water is not discharged to the equipment cleaning storm drain system without treatment. Inform vendors with City Inspect each vendor's work site in the City and evaluate Stormwater & Land 1 1 contracts to practice good the degree of compliance. Development L ngincer site housekeeping 30 Appendix B EROSION AND SEDIMENTATION CONTROL ORDINANCE http://enp_ineerinV_.nionrocne.orL/wp-content/unloads/2014/1 I /Original-Ordinance-O-2003-33-revised-per-O-2011-12.pdf 31 Appendix C STORMWATER MANAGEMENT ORDINANCE f'tp:// f, tp. rnonroen c.or�lwe b/e ng/A din i n istrat i ve°/a20 Manual%20S W M O%20 Down load/ 32 Appendix D SANITARY SEWERS & CONNECTIONS Monroe Code of Ordinances "Title V Chapter 52 S 52.010 http:llt�u%v.amlegal.com/nxt/)a�, tew,iv.dI]/North`:o20CaroIin,,t/munroc/cityof'mnnroenorthcaroIinacodeoliordinance?1'—templ.ttes$lirdefuull.litfn$3 .U$vid—arnlcgal:monroe nc 33 ENGINEERING DEPARMTENT ILLICIT DISCHARGE AND SPILL RESI'ONSE PROCEDURES Purpose: Provide general oversight and procedure to investigate and respond to illicit discharge and spill. This procedure addresses the steps to follow from the time the report is made to the Engineering Department, through the final clean-up is complete or the illicit connection is disconnected from the drainage system. The City of Monroe Engineering Department Stormwater, operates a "Stormwater Hotline" (704- 282- 4515) for citizens to report illicit discharges and spills to the City's local surface waters. The Engineering Services website page contains a quick link "to report an illicit discharge or spill". The link is a connection to the NPDES Coordinator's email. Proredures The following procedures should be followed when a call, email, or verbal notification is received by Engineering Department staff regarding a report of an illicit discharge or spill: l . All emergency spill reports should be transferred to the City of'Monroe ]Aire Department. 2. All spill and / or illicit discharge shall be forward to the NPDES Coordinator. If the NPDES Coordinator is not available, the Stormwater Supervisor shall be notified. 3. Depending on the ranking of the reported discharge, the NPDES Coordinator, or his/her designee, shall investigate the report using the following; criteria: a. Fligh Priority • Immediate attention is required to address an active discharge situation. • Discharge has or may enter surface water or the drainage system. • Respond as soon as possible, but within 24 hours. b. Medium Priority Requires attention, but problem is not actively occurring and rain is not forecast. • Within 4 hours (if not an ongoing discharge) Low Priority The situation requires stormwater / Illicit discharge education and awareness + Within 2 to 3 days Depending on the type of spill or illicit discharge, the NPDES Coordinator may contact the Monroe Fire Department reviewing the discharge location. 4. The NPDES Coordinator shall assess the spill or illicit discharge to determine if the situation is an emergency. The spill and / or illicit discharge shall be considered an emergency if the spill or illicit discharge threatens the public health, safely or the environment. If the situation is an emergency, the City of Monroe Fire Department is to be contacted immediately. The NPDES Coordinator shall determine if the discharge is within the corporate limits of the city. The City's GIS system shall be used to locate the address, ifneeded. As a curtesy, if the 35 ENGINEERING DEPARMTENT ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES discharge is not within the City Limits, the NPDES Coordinator should make an attempt to give the caller a phone number to the community, or county in which the discharge pertains to. If the spill or illicit discharge is locate within the NC DOT Right -of -Way. 6. For the following the spills or illicit discharge, The NPDES Coordinator shall direct the person making the report to the following department or agencies: a. For Wastewater discharges: b. For Oil or Hazardous material c. Trash, debris, durnping Call Water Resource Department Call City Fire Department, Emergency Management In Road Right-of-way — Streets Division On Private property - City Building Code Enforcement In DOT Right-ot=way - NCDOT 7. The NPDES Coordinator shall lilt out an "Illicit Discharge / Pill I-lotline Incident Sheet" (Yellow form) to record initial information including: a. Location (address) of reported discharge or spill b. Brief description of discharge c. Time and date of discharge notification d. Type of -material released, if known e. If the material has reached a storm drain or surface water f. Name and contact information of person reporting the discharge g. Initial ranking of the reported discharge (High, Medium, or Low) h. Name of person filling out the Initial report. Note: A copy of the yellow form is filed in the Illicit discharge Tracking 3-ring binder. The incidents are numbered consecutively, using a 5-digit code. The first two numbers correspond to the year, and the last three digit correspond to the consecutive incident in that year. For example, the third incident in the year 2016 is coded Incident 1 D 16003. 8. Notification of'spill or illicit discharge by Fire Department: The Fire Department responds to spills and illicit discharges routinely. The Fire Department responds to contain the discharge, to keep it from flowing into surface waters. It is the responsibility of the person who spilled the material, or who has control over the material to clean up the spill and to return the area back to original conditions. If the spill is on private property, it is the property owner's responsibility to clean up the spill and repair any damage off the property. The Fire Department has a list of Emergency Clean-up Contractor contact information that they had out to the responsible parties for spill cleanup. If the Fire Department calls the NPDES Coordinator regarding a spill or illicit discharge within the City limits where the material has or has the potential to reach the Stormwater drainage system, or surface waters, the NDDES Coordinator shall document and visit the site. 36 ENGINEERING DEPARMTENT ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES 9. Investigation: The NPDES Coordinator shall visit the site and investigate the spill or illicit discharge. Photos are to be taken and information should be gathered regarding the spill and / or illicit discharge. Contact information pertaining to the owner, operator, or tenant shall be obtained, if available. The discharge should be verified, if possible, and assessed with respect to the City's Stormwater Ordinance. 10. Contacts: The NPDES Coordinator shall contact the following agencies depending on the type of spill or illicit discharge: Material Discharged Contact Oil, Chemicals and other Hazardous Materials 911 Hazardous Materials Team Monroe Fire Department 704-282-4739 Office (8 AM — 5 PM, M-F) 911 (24 hour) Wastewater Water Resources Department 704-282-4601 (This number rolls over to the police department during non -business ]ours) For discharges outside The City of Monroe, Union County Emergency Management Coordinator within Union County 500 N Main Street Monroe, NC 28112 704-283-3575 phone (8 AM — 5 PM, M-F) 704-283-3716 fax Trash on private property Citv Of Monroe Buildin� Code Enforcement Trash in drainage system and in City of Monroe Streets Superintendent Road Right -of -Way Trash on DOT Right-of-way NC Department of "Trans ortation All spills caused by city employees and/or spills City of Monroe Safety and Risk Coordinator on City Property Follow up Procedure: Letters of' Notice of Violations The NPDEE Coordinator will send a letter of Notice of Violation (NOV) to the property owner(s), and/or tenant, to inform them of the violation of the City's Stormwater Management ordinance. Educational material may be included. NOVs are to be sent out Certified mail. Prior to sending out, the NOV must be reviewed by the Engineering Director and the Stormwater Supervisor. For industrial sites, the City of Monroe Economic Development shall be contacted prior to any enforcement action. The issue shall be review with Economic Development Department. Depending on the type of spill or illicit discharge, the regional office of NC DEQ may be notified for sites that have an industrial NPDES permit. 37 ENGINEERING DEPARMTENT ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES 2. Tacking and Record Keeping All photos, maps, letters, spill reports, and other information related to the illicit discharge or spill shall be Filed electronically in "Illicit Discharge Sites" folder on the I -drive. The incidents are arranged by address. I:IStormwater\Stormwatcr ManaVcment ProgramlNMhS Phase II\Six Mea5Ures\IIlicit DischargeVI'racking The incident is entered into the tracking spreadsheet (illicit Discharge and Spill Report Tracking - Year 4 - Oct 2014 - present.xlsx) found at I:1Stormwater\Stormwater Management_ProgramINPDES Phase IIISix Measuresllllicit Discharge\Trackiny, As information is received, such as contacts, type of discharge, verified discharge.. ctc. the data shall be filled in on the spreadsheet for all incidents. The spreadsheet is set up so that activity related to the incident can be entered in by date. "hhe columns in the spreadsheet have been set up to correspond to information needed for the Stormwater annual report submitted. 3. GIS Data Base All Illicit discharges and spills will be entered into the City's Geographical Information Systcm, color coded by year and type of spill or illicit discharge. This will allow the City to track all spills and illicit spills to determine the areas of'high priority. Closeout Procedure: 1. Final site visit "hhe site will be revisited by the NPDES Coordinator periodically, depending on the Priority, with documentation of the site visits and photos. Once the illicit discharge or spill is closed out, all information pertaining to the site shall be move to LaserFiche. It should be noted that some illicit discharge incidents will never be closed out because it cannot be verified that intermittent discharges have been stopped and behavior has been changed. 2. Additional contact numbers Depending on the location and type of spill and / or illicit discharge, the following agencies should be contacted (included for emergency purposes): Agency Contact Information NC Department of Environmental Quality, Mooresville Regional Office 704-663-1699 NC Emergency Management, after hours 800-858-0368 National Response Center 800-424-8802 EPA Region 4 Emergency Response Spill Report Hotline 404-562-8700 Poison Control 800-222-1222 38 ENGINEERING DEPARMTENT ILLICIT DISCHARGE AND SPILL 11I+1'SPONSE PROCEDUIZES 3. Resnonsibilities: Position Duties Comments NPDES Coordinator 0 Investigation, photos • Correspondence with site owner operator, and or resident • Issue Notice of Violation • Tracking documentation • Follow-up and recordkee in�. Stormwater Supervisor 0 Support and consultation • Respond to I-li Priority Incidents in absence ofthe NPDES Coordinator Department I -leads 0 Notification to Authorities if reportable quantities are exceeded and the discharge was caused, or was under the control of that Department. • Making sure Facility Spill Response plans are in place with clear definition of "small" and "large spills" * Spill Prevention and Response training City of Monroe Safety and . Involvement with clean-up of spills on city Risk Coordinator property • Involvement with clean-up of spills caused by City Activities Fire Department 0 Containment of spills • Verification that the spill is being cleaned up by the responsible party • Notification to the NPDES Coordinator of spills reaching surface water or stone drainage system. • Notification to the City of Monroe Safety and Risk Coordinator of spills occurring on City property, or on private property caused by city activities. Since the NPDES Coordinator or Engineering Department / Stormwater personnel may be called by other Departments in case of a spill, it is important to know what plans are in place for various City Departments and facilities. 'fable I lists the City owned and operated facilities along with the type of spill Response plans that are in place. Some City facilities have Spill Response Plans as a component of' their Stormwater Pollution Prevention Plans (SWP3s) and/or oil Spill Prevention Control and Countermeasure (SPCC) Plans per Chapter 40 federal Code of Regulations (CFR) 1 12. 39 ENGINEERING DEPARMTF.NT ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES List of Spill Response Plans for City Facilities City of Monroe Facility Type of Spill Response Comments Plan s Airport -Spill Prevention and Response Plan within the SWPPP - Oil SPCC Plan Operation Center -Spill Prevention and Response The Water Resource Dept. as added a Spill Plan within the SWPPP response plan for their field operations as - SPCC Plan to be developed well. Streets Division Facility Spill Prevention and Response Plan within the SWPPP Energy Services Facility -Spill Prevention and Response This facility may need and SPCC plan Plan within the SWPPP depending on the oil storage capacity in Electrical operating equipment stored at the facility. -Each City Owned Electric Substation has an oil SPCC flan, because of the oil stored in electric operating equipment at each site. Monroe Country Club -Spill Prevention and Response Plan within the SWPPP - SPCC plan to be develo ed Landscape Maintenance Facility None Spill Response Plan is recommended for this facility. Water Treatment Plant Chemical Spill Clean-up SOP Ferric Chloride Chemical Spill Clean-up Report Liquid Caustic Soda Chemical Spill Clean-up Liquid Phosphate solution Investigation Liquid KMn04 solution Carbon Slurry Carbon powder Fluoride Powder KMn04 powder Phosphate powder Wastewater "Treatment Plant Spill Prevention and Response For Chlorine, Sulfur Dioxide, Magnesium Plan Hydroxide/ Calcium Hydroxide Polymer Diesel Fuel Electrical Substations Oil SPCC Plans Oil in Electrical equipment Gasoline Fueling Station Posted Response Phone Numbers and Spill Response materials in 55- gallon drum. SWPPP Stonnwater Pollution Prevention Plan SPCC —Spill Prevention Control and Countermeasure Plan for Oil 40 March 26, 2010 North Carolina DENR Division of Water Quality Attn. Mr. Mike Randall 1617 Mail Service Center Raleigh, NC 27699-1617 Re: . NPDES Stormwater Permit Renewal City of Monroe (Permit No. NCS000482) Dear Mr. Randall, CITY 4F MONROE a heritage of progress Please find enclosed three copies of the City of Monroe Comprehensive Stormwater , Management Program Report, along with an original signed NPDES Stormwater Permit application form by Mayor Bobby G. Kilgore and a resolution adopting the permit requirements. Please feel free to contact me if you need any additional information. Sincerely, a- �� Chris Costner, P.E., CFM Stormwater Supervisor Enclosures cc: file City of Monroe + 110 Box 09 + Monroe, NC 281 11-0069 Yel: (704) 282-4500 + Fav (704) 283-9098 .www.monroenc.org RESOLUTION AUTHORIZING NPDES PHASE H STORMWATER RENEWAL PERMIT APPLICATION A-2010-13 WHEREAS, the City of Monroe was notified by the North Carolina Division of Water Quality in December 2009 regarding continued coverage and renewal of the City of Monroe NPDES Phase II Stormwater permit; and, WHEREAS, the City of Monroe is currently authorized to discharge stormwater from a municipal separate storm sewer (MS4) in accordance with the discharge limitations, monitoring requirements and other conditions set forth in MS4 permit NCS000482; and, WHEREAS, as a regulated community, the City of Monroe is required to develop a Comprehensive Stormwater Management Program Report and apply for a NPDES Phase 11 Stormwater Renewal Permit Application by Aprii 1, 2010; and, WHEREAS, at a minimum, the Comprehensive Stormwater Management Program Report and renewal permit application must address the following six minimum measures: • Public education and outreach; • Public participation and involvement; • Illicit discharge and elimination; • Construction site runoff control; • Post -construction runoff control; • Pollution prevention/Good housekeeping; and, WHEREAS, the City of Monroe Engineering Department has prepared (lie NPDES Phase II Stormwater Renewal Permit Application and the Comprehensive Stormwater Management Program Report to address the minimum measures; and, WHEREAS, the application and the Comprehensive Stormwater Management Program Report was reviewed and discussed on February 16, 2010 by the Environment and Water Resources Committee and approval is recommended by Staff. NOW, THEREFORE, IT IS RESOLVED THAT the Mayor hereby is authorized and empowered by the Monroe City Council to execute the NPDES Phase 11 Stormwater Renewal Permit Application and the Engineering Department is authorized to submit the application along with the Comprehensive Stormwater Management Program Report to the North Carolina Division of Water Quality for review and approval. Adopted this 23'd day of March, 2010. ro `• I � i i■ �i � A / • Resolution R-2010-13 Page I of I State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Paid Y Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (5WU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000482) a. Name of Public Entity City of Monroe SeekingPermit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, town, county, prison, school, City etc. d. Federal Standard Industrial SIC 91 — 97 Classification Code e. County(s) Union f. Jurisdictional Area (square 29.63 square miles miles g. Population Permanent 36,000 Seasonal (if available) N/A h. Ten-year Growth Rate 3.5% i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 29.63 square miles b. River Basin(s) Catawba and Yadkin -Pee Dee c. Number of Primary Receiving Streams 2 d. Estimated percenta a of jurisdictional area containing the following four land use activities: • Residential 40% • Commercial 35% • Industrial 10% • Open Space 15% Total = 100% e. Are there significant water quality issues listed in the attached a plication report? ❑ Yes ® No Page 1 SWU-26-1-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ yes ❑ No with another Phase II entity?__ d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No permittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ❑ Yes ® No b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑ Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 5WU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL`S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiryof the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name B6 G. gor Title Mayor Street Address 300 West Crowell Street PO Box PO Box 69 City Monroe State North Carolina Zip 28111 Telephone (704)282-4502 Fax (704)283-9098 E-Mail bkilgore@monroenc.org VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Chris Costner, P.E., CFM b. Title Stormwater Supervisor c. Street Address 300 West Crowell Street d. PO Box PO Box 69 e. City Monroe f. State North Carolina g. Zip 28111 h. Telephone Number 704-282-4537 i. Fax Number 704-282-4735 j. E-Mail Address Ccostneronroenc.org Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program b. UIC program under SDWA N/A NCO024333 NCO080381 c. NPDES Wastewater Discharge Contact Name: Russell Colbath Permit Number Telephone: 704-282-4601 Fax Number: 704-283-6492 E-Mail Address: rcolbath@monroenc.or d. Prevention of Significant N/A Deterioration (PSD) Program e. Non Attainment Program N/A f. National Emission Standards for Hazardous Pollutants (NESHAPS) N/A reconstruction approval g. Ocean dumping permits under the Marine Protection Research and N/A Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. TMDL Identification Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs .9.11111111 41, Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative S. CO -PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 SWU-264-103102 4 CITY OF M()N RO F, cr lrrrrPrr,,c° of jTr'cr,�'c�S5 City of Monroe, North Carolina Comprehensive Stormwater Management Program Report Prepared By: The City of Monroe Engineering Department October 20 10 0 Table of Contents N_. ffae Storm Sewer System Information ................................................................................ 4 1.1 Population Served ............................................................................................ 4 1.2 Growth Rate..................................................................................................... 4 1-3 Jurisdictional and MS4 Service Area........................................................................ 4 1-4 MS4 Conveyance System..................................................................................... 4 1.5 Land Use Composition Elements............................................................................ 4 1.6 TMDL Identification.......................................................................................... 4 2. Receiving Streams........................................................................................................ 5 3. Existing Water Quality Programs .................................................................................... 6 3.1 Local Programs.................................................................................................. 6 3.2 State Programs.................................................................................................. 6 Z1. Permitting Information.................................................................................................. 7 4.1 Responsible Party Contact List............................................................................... 8 4.2 Organizational Chart ........................................................................................... 9 • 4.3 Signing0fficial.................................................................................................. 10 5. Co -Permitting Information........................................................................................1.... 10 6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations ..................1.1. 10 7. Stormwater Program Management Plan............................................................................ 10 7.1 Public Education and Outreach on Storm Water impacts ................................................. 10 7.1.1 13 M P Summary Table.............................................................................1.. 10 7.1.2 Target Audience...................................................................................... 10 7.1.3 Target Pollutant Sources............................................................................ 10 7.1.4 Outreach Program .................................................. ............................. I E T1.5 Evaluation ............................................................................................ I I T2 Public Involvement and Outreach............................................................................ 1 1 7.2.1 BMP Summary Table........................................................................... ... 11 7.2.2 Target Audience...................................................................................... 11 7.2.3 Participation Program................................................................................ 11 7.2.4 Evaluation -----•...................................................................................... 12 7.3 Illicit Discharge Detection and Elimination................................................................. 12 7.3.1 13M P Summary Table........................................................................1.---... 12 7.3.2 Storm Sewer System Map.................................................................... 7.3.3 Regulatory Mechanism................................................................... ...... 12 7.3.4 Enforcement.....................................................------........................ 12 7.3.5 Detection and Elimination........................................................................... 12 7.3.5.1 Procedures for Locating Priority Areas .................................................. 13 7.3.5.2 Procedure for Tracing the Source of the Illicit Discharge ........................... 7.3.5.3 Procedures for Removing the Source of the Illicit Connection ..................... 13 13 T3.5A Procedures for Evaluation of Illicit Connection and Discharge Component . 13 7-3.6 Non Stormwater Discharges........................................................................ 13 2 7.3.7 Outreach............................................................................................... 14 7.3.8 Staff Training......................................................................................... 14 7.3.9 Evaluation............................................................................................. 14 7.4 Construction Site Stormwater Runoff Control.............................................................. 14 7.4.1 BMP Summary 'rabic ................................................................................ 14 7.4.2 Regulatory Mechanism .......................... ................. 14 7.4.3 Plan Reviews........................................................................................... 14 7.4.4 Enforcement........................................................................................... 15 7.4.5 Inspections............................................................................................. 15 7.4.6 Public Information...........................................•---..................................... 15 7.4.7 Evaluation............................................................................................. 15 7.5 Post -Development Stormwater Management in New Development and Redevelopment ............ 15 7.5.7 BMP Summary Table............................................................................... 16 7.5.8 Non -Structural BMP's.............................................................................. 16 7.5.9 Structural BMP's..................................................................................... 16 7.5.10 Regulatory Mechanism.............................................................................. 16 7.5.1 1 Operation and Maintenance.............................................................. I ..... .... I. 16 7.5. l2 Natural Resource Protection.................................................................... . .. . 16 7.5.13 Open Space Protection.............................................................................. 17 7.5.14 'free Preservation.................................................................................... 17 7.5.15 Development in Areas with Existing Infrastructure ............................................. 17 7.5.16 Mixed -Use Development............................................................................ 17 7.5.1 7 Street Design......................................................................................... 17 7.5.18 Reduce Parking Requirements...................................................................... 17 7.5.19 Minimizing Stormwater from Parking Lot ........................................................ 17 7.5.20 7.5.21 Green infrastructure Practices...................................................................... Evaluation............................................................................................. 17 18 7.6 Pollution Prevention I Good Housekeeping for Municipal Operations .................................. 18 7.6.1 BMP Summary "rabic............................................................................... 18 7.6.2 Affected Operations.................................................................................. 18 7.6.3 Training................................................................................................ 18 7.6A Maintenance and Inspections........................................................................ 19 T6.5 Vehicular Operations................................................................................ 19 7.6.6 Waste Disposal....................................................................................... 19 7.6.7 Flood Management Projects........................................................................ 19 7.6.8 Existing Ordinances .............................................................................. 19 7.6.9 Evaluation............................................................................................ 19 8.0 Contract Operations.............................................................................................. 20 • Appendix A — BMP Summary`iable....................................................................................... 21 Appendix B — Erosion and Sedimentation Control....................................................................... 25 Appendix C — Stormwater Management Ordinance....................................................... ................ 26 Appendix D — Sanitary Sewer Connections................................................................................ 27 3 • City of Monroe Stormwater Management Program Report 1. Storm Sewer System Information 1.1 Population Served Permanent Population: 36,000 Seasonal: 0 Basis of Information: NC Office of Budget, Planning, and Management 1.2 Growth Rate: 3.5% Annual 1.3 Jurisdictional and MS4 Service Areas Municipal: 29.63 square miles Lxtraterritonal Jurisdiction: 8.0 f square miles 1.4 MS4 Conveyance System: The City of Monroe Stormwater System consists of a combination of piping, ditches, and sheet flow. Within the City of Monroe are located two water supply watersheds feeding two lakes — Lake Lee, classified as a WS-IV watershed, and Lake Twisty, classified as a WS-111 watershed. The City of Monroe's Stormwater Management Ordinance requires structural BMP's on all new development and redevelopment sites to control the Stormwater discharge quality and quantity leaving the site. 1.5 Land Use Composition Estimates: Residential: 40% Commercial: 35% Industrial: 10% Open Space: 15% 1.6 TMDL Identification: No TMDI. allocation presently exists for any streams within the City of Monroe. 4 S' 2. Receiving Streams 4 Primary Streams Table 1. Receiving Stream Stream Segment Water Quality * Use Support W<<ter Quality Issues Name Classification Rating Yadkin River Basin Richardson Creek 13-17-36-(3.5) WS-IV; CA I Chlorophyll a High PH Richardson Creek 13-17-36-(3.5)b WS-IV; CA I Chlorophyll a (Lake Lee)High PH Richardson Creek 13-17-36-(5)a I a C I Ecological 1 biological Integrity — Benthos Richardson Creek 13-17-36-4-(2) WS-IV; CA I Chlorophyll a (Lake Monroe Ecological / biological Integrity — South Fork Crooked 13-17-20-2a C I Benthos Creek Ecological / biological Integrity — Fish Consuln_ Stewarts Creek 13-17-36-9-(1) WS-III I Ecological / biological Integrity -- Benthos Stewarts Creek 13-17-36-1-(4.5) WS-ill; CA I Chlorophyll a Lake Twitty Copper Bearskin Creek 13-17-36-6 C ND Florsepen Branch 13-17-36-6-1 C ND Camp Branch 13-17-36-6-2 C ND Dry Fork 13-17-36-6-3 C ND East Fork Stewarts 13-17-36-9-2 WS-III ND Creek Lick Branch 13-17-36-9-3 WS-111 ND Stumplick Branch 13-17-36-9-4 WS-1E1 ND Calawba .River Basin East Fork — 12 Mile Creek ,TribUtary 3 Unknown C ND East Fork — 12 Mile Unknown C ND Creek, Tributary 5 * NR = Not Rated * ND = Not Determined * I = Irnpaired 0 3. Existing Water Quality Programs 3.1 Local Programs 3.1(a) Stormwater Management Ordinance The City of Monroe administers a Stormwater Management Ordinance to control stormwater pollutants as well as increased stormwater volume and velocity from new development and redevelopment sites so that water quality is protected and downstream flooding is reduced. The ordinance requires a Best Management Practice (BMP) for all development and redevelopment within the corporate limits or in the extraterritorial jurisdictions within the City of Monroe. Zoning; requirements also require buffers along; designated streams to help retain stream water quality along developing sites. 3.1(b) Erosion and Sedimentation Control Program The City of Monroe was delegated the responsibility of administering its own Erosion and Sedimentation Control Program in June 2002. The policy parallels the State of North Carolina requirements with some modifications which include a maximum of 12,000 s.f. of disturbed area without a grading permit. The City of' Monroe enforces the program through an inspection and plan review process, as well as issuing fines and citations for violations. 3.1(c) Stormwater System Repair Program The City of Monroe offers private citizens the opportunity to correct or repair problem areas on private property due to public runoff. The City provides the necessary labor, equipment, and repair materials to qualifying; projects. 3.2 State Programs 3.2(a) Best Management Practices Best Management Practices required for post -construction related sites follow the requirements of the N.C. Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section. 3.2(b) Clean Water Act of 1977 The City of Monroe, in accordance with the Clean Water Act of 1977, requires Developers/Contractors to acquire Section 401 permits for various activities related to stream and wetland water quality. 6 -13 4. ormitting Information 4.1 Responsible Party Contact List • • BMP and Measurable Contact Position Phone # Fax # Email Address Goals Person Public Education and Outreach I Distribute brochures to groups and Deanna O'Neill Engineering Tech. 11 (704) 282-4539 (704) 282-4735 doneilWmonroenc.org citizens 2 Classroom presentation Harold Gaines En ineering Tech. 11 704 282-4535 (704) 282-4735 hgaines(.@monrggDc.org 3 Maintain City website with stormwater information Deanna O'Neill Engineering Tech. Il g 1� 704 282- ( } 4539 (704} 82 4735 doneill�n monroenc.ore Public Involvement and Parnticjikoppanon Conduct a Public meeting on the Jim Loyd Director of (704) 282-4529 (704) 282-4735 jloyd@monroenc.org aEn Stormwater Mana ement Plan ineerin Organize and Administer a Public Chris Costner Stormwater (704) 282-4537 (704) 282-4735 ccostner a monroenc.org Involvement Program Su ervisor Rlicit Discharge and Elimination Train and coordinate with other Stormwater I departments to report illicit Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@monroenc.org connections Prepare and distribute brochures Stormwater 2 to the public educating them on Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@monroenc.org illicit connections Provide for public involvement to Stormwater & Land 3 report illicit connections Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org Engineer Identify person to follow-up on Stormwater & Land 4 Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org reports Engineer Construction Site Stormwater Runo Control Sites will comply with City of Stormwater & Land I Monroe Erasion Control Ordinance Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org Engineer Stormwater & Land 2 Pre -construction Meeting Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org Engineer • Stormwater 8: Land 3 Monthly Site Inspection Don Kelly Development (704) 282-5795 (704) 282-4735 dkelly@monroenc.org Engineer Post Construction Stormwater Man a ement in New Development and Redevelo ment New Development and Redevelopment sites will abide by Stormwater I the City of Monroe Stormwater Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@monroenc.org Management Ordinance and 15A NCAC 2H.1000 Review annual inspection reports Stormwater 2 from owners of stormwater Chris Costner Supervisor (704) 282-4537 (704) 282-4735 ccostner@monroenc.org facilities Establish a program to control the Stormwater & Land 3 sources of fecal colifann to the Don Kelly Development (704) 282-5795 (704) 282-4735 dkellyna monroenc.org maximum extent practicable. Engineer Pollution Prevention / Good House kee in or Munici al Operations Distribute pollution prevention Infrastructure I training materials for public Sarah McAllister Engineer (704) 282-4532 (704) 282-4735 monroenc.org smcallistcr@monToenc.org facilities Provide training for those employees who maintain the Infrastructure 2 public facilities on proper disposal Sarah 1%,IcAlllster Engineer ((704) 282-4532 (704) 282-4735 smcallister@monroenc.org procedures and inspection of public facilities Evaluate spill response program 3 and determine effectiveness on impacts Sarah McAllister Infrastructure Engineer (704) 282-4532 (704) 282 4735 cr smcallister monroenc.org minimizing on stormwater quality 00 N • 4.2 Organizational Chart: City Clerk Bridgett Robinson Mayor City Manager Assistant City Manager City Council Wayne Herron Greg Demko Brain Borne City Attomev Terry Sholar r1 L Engmeerinp Director Jim Loyd Downtown Monroe Brian Borne 11`ater Resources Director Rus Colbath Planning & Develonment Director Lisa Stiwinter Human Resources Director Debra Reed Parks & Recreation Director Mike Courtney Fire Chief Ron Fowler Buildine Standards Vacant Police Chief Debra Duncan Information Services Director Bruce Bounds Energy Services Director Don Mitchell Economic Development Director Chris Plate' Finance Director Greg Demko Public Information Officer Pete Hovanec Engineerinu Tech. II Deanna O'Neill Siormwater & Land Dev. Eng. Don Kelly Street Division Sunerintendent Olin Deaton Johnny McManus Civil En ie'neer I Tonya Griffin Srormwater Suyervisor Chris Costner Stormwater Tech. 11 Harold Gaines James Cook Fcuinment Operator 11 Johnny Faulk Equipment Operator I Vacant Srormwater Maint. Worker 11 Lee Pierce Stormwatcr Maim Worker II Tony Ramon Stormwater Main(. Worker ll Vacant Street Sweeper Operator I Ron Cureton Street Sweeper — Operator I Mono Baker i 4.3 Signing Official: Ranking Elected Official: Mayor Name: Bobby G. Kilgore The City Charter of the City of Monroe designates the Mayor as the official head of the City government. 4.4 Duly Authorized Representative: S. Co -Permitting Information (if applicable) NIA 6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations None 7. Stormwater Management Program Plan • 7.1 Public Education and Outreach on Storm Water Impacts 7. i .1 BMP Summary Table (See Appendix A for Further hnformation) 1.) Distribute brochures to groups and citizens at various events including neighborhood meetings and public events 2.) Present storm water information to students and teachers 3.) Maintain City website with storniwater information 4.) Continue to work with Centralina Council of'Governments — Regional Stormwater Partnership to promote good stormwater practices at both the local and regional levels. 7.1.2 Target Audience: The target audience for this measure will be the general public ranging from homeowners to students to business owners. The Spanish-speaking and other non-English speaking communities will be included as well. 7.1.3 Target Pollutant Sources: . 1.) Oils and Greases: Petroleum products can suffocate living organisms and cause harmful secondary chemical compounds, as well as clog sewer lines and harm equipment. 10 • 2.) Trash: Trash can clog sewer lines and cause hazardous water blockages. 3.) Sediment: Sediment can clog storm pipes and suffocate wildlife in the creeks and streams by invading the gills offish and destroying habitat areas. 4.) Flerbicides/Pesticides: Specific chemicals are toxic to different species of wildlife and plant life. Runoff into the storm system can carry these chemicals into the streams and creeks. 5.) Nutrients: Excess nutrient can cause algae and bacteria blooms in our lakes and streams. Algae will consume oxygen, increase turbidity in the water body and eventually die along with the fish and other aquatic life that need oxygen to live. In addition, excess nutrient can lead to taste and odor in the drinking water. 7.1.4 Outreach Program: Information concerning public education will be distributed at neighborhood meetings, classroom presentations, public events, by word-of-mouth, fliers, brochures and the City's website. The number of citizens reached by these methods is expected to be in the order of 1,000 people -at neighborhood meetings and public events and 15,000 people with utility billing. 7.1.5 Evaluation: A count of the number of unsolicited phone calls will provide a measure of the effectiveness of the program. In addition; positive response from the general public includes citizens. 7.2 Public Involvement and Participation 7.2.1 BMP Summary Table (See Appendix A for Further Information) 1.) Conduct a Public Meeting on the Stormwater Management Plan 2.) Organize a volunteer community involvement program 7.2.2. Target Audience: The general public will be the target audience. Civic groups will be encouraged to participate, as well as any other concerned citizens group. 7.2.3 Participation Program: A public meeting will be held by the Stormwater Management Advisory Committee to allow the general public to comment on the Stormwater Management Plan and the associated program. Civic and neighborhood group members will be encouraged to volunteer to participate. They will also be encouraged to get involve in the Storm Drain Marker program. 7.2.4 Evaluation: The response received from the public meeting will gauge the effectiveness of the measure. In addition, public involvement in various stormwater events will gauge the effectiveness of the measure 7.3 Illicit Discharge Detection and Elimination 7.3.1 BMP Summary Table (See Appendix A for Further hlformation) 1.) Train and coordinate with other departments to report illicit connections. 2.) Continue to distribute brochures to the public educating them on illicit connections. 3.) Continue to provide for public involvement to report illicit connections. 4.) Identify person to follow-up on reports. 7.3.2 Storm Sewer System Map: The City of Monroe currently has maps depicting the location ol'storm sewer system pipes and appurtenances in a GIS format. The maps also indicate creek and stream names. The maps were developed utilizing a GI'S surveying system. As new systems are added or existing systems are amended, the map will be updated utilizing the GPS surveying system. 7.3.3 Regulatory Mechanism: The City of Monroe will continue to use the existing Section 159-701 Illicit Discharges and Connections of the Stormwater Management ordinance that addresses cross connections and discharges into the stormwater system. 7.3.4 Enforcement: The Section 159-701 Illicit Discharges and Connections of the Stormwater Management ordinance makes it a violation to cause or allow the discharge, emission, disposal, pouring, pumping, or connect directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in any manner for purposes of discharging anything other than stormwater runoff into the system. The language in the ordinance contains, as a minimum, that a notification will be issued to the owner outlining the procedures for rernediation and consequences for non-compliance. 7.3.5 Detection and Elimination: The City will continue to use existing; City personnel, citizens and civic groups to detect illegal discharges and connections to stormwater conveyance systems through the Illicit Discharges and Connections program. Inspections and evaluations 12 s • will be conducted during dry weather periods when illegal flows will be most obvious, or in response to reports received from city personnel or the general public. 7.3.5.1 Procedures for Locating Priority Areas: Those areas where parcels are not yet connected to public sewer and depend upon septic systems will be examined on maps. Inspection of older existing sanitary sewer lines by the Water Resources Department will help identify those areas where a potential for cross contamination could occur. The public at large will be provided the ability to report illicit connections. Employees will be trained in the use of detection methods. 7.3.5.2 Procedures for Tracing the Source of the Illicit Discharge: The City will use various methods to trace the source of the illicit discharge including but not limited to visual inspection, field screening, and TV the stormwater system as required. 7.3.5.3 Procedures for Removing the Source of the Illicit Discharge: The Illicit Discharges and Connections ordinance gives the City the authority to remove illegal connections and discharges. City employees are given the authority to enter upon private property for purposes of inspection and empowered to issue fines and citations. 7.3.5.4 Procedures for Evaluation of Illicit Connection and Discharge Component: An annual review of the illicit connection detection program by City staff will gauge its effectiveness. The effectiveness will be measured by comparing the number and type of illicit connection identified and corrected during the reporting period. 7.3.6 Non Stormwater Discharges: Activity Allowed Not Allowed Water Line Sampling and Flushing X Landscape Irrigation X Diverted Stream Flows X Rising Ground Water X Uncontaminated Ground Water Infiltration * X Uncontaminated pumped ground water X Discharges from Potable Water Sources X Foundation Drains X Air- Conditioning Condensation X 13 Irrigation Water ** X Springs X Water from Crawl space Pumps X Footing Drains X Lawn Watefing X Individual Residential & Charity Car Washing X Flows from Riparian 1-fabitats & Wetlands X Dechlorinated Swimming Pool Discharges X Street Wash Water X Flows from Emergency Fire Fighting X * As defined at 40 CFR §35.2005(20) ** Does not include reclaimed water as defined at 15A NCAC 21-1 .0200 7.3.7 Outreach: The public will be notified through the Public Education and Outreach Program about the hazards and potential effects of illegal connections. Internal training programs for City employees will be presented via the Pollution Prevention / Good Housekeeping Program. • 7.3.8 Staff Training: Internal training programs for City employees will be presented via the Pollution Prevention / Good Housekeeping Program. As part of the internal training program, City employees will be informed on what City Department to call to report any illicit discharge or connection. 7.39 Evaluation: Measurement of the success of this program will be defined by the quality and quantity of the stormwater at the outfalls. A secondary measurement will be the number of illicit connections discovered and removed. 7.4 Construction Site Stormwater Runoff Control 7.4.1 BW Summary Table: See Appendix A. 7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, "Title XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a grading permit is required for sites disturbing an area equal to12,000 s.f. or more. The City of Monroe was delegated in June 2002 to review and enforce its own Sedimentation and Erosion Control Program. Copies are attached in Appendix B. 7.4.3 Plan Reviews: A grading plan for the site is prepared by a qualified professional and presented to the City of Monroe for review of erosion control measures. Site plans are also given to the Planning and 14 v Development department for review of required natural buffers along streams, if applicable. Sites disturbing 12,000 s.for more of area are required to obtain a grading permit. This applies to both commercial and residential construction sites. Single-family lot disturbing less than 1 acre must submit a Single-family Maintenance Agreement. 7.4.4 Enforcement: The current Erosion and Sedimentation Control Ordinance provides for penalties to be assessed when site inspections reveal violations. If a site is in violation, a Notice of Violation is sent to the responsible party explaining the violation, which contains a remedy date by which corrections are to be made, and a warning that failure to comply can result in civil or criminal penalties. 7.4.5 Inspections: Construction sites are inspected as required. Those sites disturbing the greatest area and could pose a threat to adjoining streams and creeks are inspected first and more often. Commercial sites are inspected at least once per month or more frequently depending upon site deficiencies and rainfall events. Items are inspected as presented on the approved erosion control plan and, if needed, revision may be required to the approved plans and initiation of the revision for compliance. 7.4.6 Public Information: The Erosion and Sedimentation Control Ordinance was presented to City Council for approval and open to public discussion. As new amendments are made, the public will have the opportunity to comment. 7.4.7 Evaluation: The success of this program will be measured by the number of projects with sediment leaving the construction sites and the number ofNotice of' Violation (N.O. V.) issued and fines levied. 7.5 Post-Construction.Stormwater Management in New Development and Redevelopment 7.5. l A copy of the City of Monroe Stormwater Management Ordinance is attached. See Appendix C. 7.5.2 Maintenance requirements of the BMP's are included in the Storrnwatcr Management Ordinance. See Appendix C. 7.5.3 The City of Monroe owns and maintains its own wastewater collection system with non-sewered areas served by septic systems, as per City of Monroe Ordinance `ride V, Chap. 52, § 52.010. See Appendix D. 7.5.4 No surface waters within the City of Monroe drain into SA waters. 15 0 7.5.5 No surface waters within the City of Monroe drain into Tr waters. 7.5.6 No surface waters within the City of Monroe drain into Nutrient Sensitive waters. 7.5.7 BM1' Summary "fable: See Appendix A. 7.5.8 Non -Structural BMP's: 7.5.8.1 Zoning Ordinances for land development requires that proper vegetative buffers be placed or existing ones be maintained, along designated streams. Other measures include requirements for open space and landscaped areas in commercial and multi -family projects_ 7.5.8.2 Interconnectivity of'impervious surfaces is discouraged by requiring internal landscaped areas within project sites. 7.5.8.3 Conduct deveIoperlcontractor forums to address concerns with construction, inspection and long term maintenance of structural best management practices. G7.5.9 Structural BMP's: 7.5.9.1 Current water quality practices allow the use of wet detention ponds, in addition to those contained in the "Stormwater Best Management Practices" manual by the N.C. Department of E'nvironment and Natural Resources, Division of Water Quality, Water Quality Section. 7.5.10 Regulatory Mechanism: In October 2007, the City of Monroe adopted a Stormwatcr Management ordinance that addresses post - construction runoff from new development and redevelopment. Attached is a copy of the City of Monroe Stormwater Management Ordinance. See Appendix B. 7.5.1 1 Operation and Maintenance: Permitted BMP's will be inspected annually by the owner and 1 or his representative and a report prepared by a qualified professional shall be submitted to the City of Monroe Engineering Department. 7.5.12 Natural Resource Protection: Land Development flan requires a 50-foot undisturbed buffer along all perennial and intermittent stream . in conditional district and 35-foot undisturbed buffer along all others perennial and intermittent stream. 16 7.5.13 Open Space Protection: Zoning Ordinances for land development requires that] 2.5% of the gross area of the development tract be dedicated to open space. 7.5.14 Tree Preservation: 7.5,14.1 Section 156.221 "free Preservation in the Zoning Ordinances for land development requires that deciduous and evergreen trees be preserved to the greatest extent possible. 7.5.14.2 Section 156.221 "I'ree Preservation in the Zoning Ordinances for land development requires that a tree preservation plan be submitted prior to any land disturbing activities. "I'he tree preservation ordinances include a section on tree protection and preservation during construction. 7.5.15 Development in Areas with Existing Infrastructure: Land Development Plan encourages industries to locate in areas already served by adequate infrastructure, such as sewer, water, natural gas, and roads. 7.5.16 Mixed -Use Development: hand Development Plan map and Downtown Master Plan for the Downtown Area designate specific areas of the city for Mixed-Usc Development. 7.5.17 Street Design: The Unified Development Ordinance and Land Development Plan encourage rear garages and alleys. 7.5.18 Reduced Parking Requirements: lfhe developer/builder is to determine the required parking spaces according to the Land Development Plan and the Unified Development Ordinance. 7.5.19 Minimizing Stormwater From Parking Lot: 7"he Unified Development Ordinance requires landscaped planted areas within or adjacent to the parking area as tree islands, at the end of'parking bays, inside seven (7) foot wide or greater medians, or between rows of cars. 7.5.20 Green Infrastructure Practices: Stormwater Management application and plans are required to be submitted prior to an applicant receiving their lwrosion and Sediment Control permit. in addition, a developer/builder cannot receive their Certificate of'Occupancy until Stormwater Management requirements are met including but not limited to stormwater maintenance agreement(s), stormwater best management practices as -built and post -construction checklist. 17 7.5.21 Evaluation: The effectiveness of this measure will be determined by the success of obtaining a higher degree of water duality in the fakes and streams. 7.6 Pollution Prevention 1 Good Housekeeping for Municipal Operations 7.6.1 BMP Summary Table. See Appendix A. 1.) Distribute pollution prevention training materials to those employees who maintain the public facilities on the principals of good housekeeping and how improper maintenance can be detrimental to the waterways. 2.) Provide training for those employees who maintain the storm sewer systems with emphasis on disposal of sediments and other solids removed from the systems. 3.) Provide training on the use of herbicides and other chemicals and how they can enter the storm systems through improper application. 4.) Inspect street operations facility to ensure that all stored chemicals are properly contained and any spill potential is minimized. 5.) Inform vendors with City contracts to practice good site housekeeping. 6.) Review the current spill response program for its effectiveness and adjust accordingly. 7.) Review and evaluate the effectiveness of the street sweeping program and adjust accordingly. 8.) Review municipality owned or operated regulated industrial activities 7.6.2 Affected Operations: 1.) Street Operations Center 2.) Parks and Recreation 3.) Fire Department 4.) City Garage 5.) Monroe Country Club 6.) Charlotte -Monroe Executive Airport 7.) Water Resources 8.) Energy Service 9.) Water Treatment Plant 10.) Wastewater Treatment Plant (NCG 11000, Certificate of Coverage No. NCG 1 10022) 7.6.3 Training: An employee training video will be utilized to emphasize best management practices. Flyers and handouts, along with the City of Monroe's Employee Guide to Prevent Stormwatcr Pollution, will be • distributed to employees emphasizing the need for good housekeeping practices. Other government training materials will be sought out and used. Specialty training will be provided on a case -by -case basis 18 through the use of seminars and other educational opportunities through outside agencies. 7.6.4 Maintenance and Inspections: Street sweeping will constitute the major thrust toward keeping solid debris from entering the MS4 system, along with solids collection during trash pick-up times. Uptown streets and sidewalks are swept at least once per week, while streets with curb and gutter are swept at least 5 times per year and all other streets at least twice per year. Garbage is collected throughout the City weekly. Presently, the Street Division inspects and maintains the storm sewer system after each rainfall event and on as as -needed basis. The City's stormwater utility program enables the stormwater maintenance crews to repair private drainage systems that receive public runoff. All tanks, valves, pumps, pipes, and other equipment related to the distribution of water resources and energy services are inspected and maintained on a daily or weekly basis by their respective Department. 7.6.5 Vehicular Operations: City parking lots are swept as needed. Road salt is stored within a covered storage facility. 7.6.6 Waste Disposal: Solids removed from the MS4 system are transported to the Street Division Facility for pick up by the solid waste disposal contractor. Larger loads are transported to the County transfer station for disposal. 7.6.7 Flood Management Projects: Flood management projects are designed with N.C. Department of Environment and Natural Resources requirements, as well as U.S. Army Corps of Engineers requirements. 7.6.8 Existing Ordinances: The following City ordinances were identified as having impacts on water quality: 1.) Title XV, § 158.05 — Erosion and Sedimentation Control 2.) Title VII, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt, Garbage, Liquids, Trash, and Other Objectionable Material 3.) Title IX, Public Health Nuisances 4.) Title V, Chapter 55 — Solid Waste 5.) Title V, Chapter 52 — Waste Water 6.) "Title V, Chapter 53 — Water Distribution System 7.6.9 Evaluation: The success ofthis measure will be evaluated through the responsiveness of the employees to new BMP's. Documentation of activities related to housekeeping practices will measure the extent of the program. 19 s • • 8. Contract Operations Contract operations including but not limited to solid waste pickup, pesticide applications, construction contracts include language in the agreement requiring contractors and subcontractors to meet all Applicable laws. Formal contract agreements are kept on file in the City Clerk's office with the respective department responsible for record retention of all informal agreements. 20 0 1. BMP's and Measurable Goals for Public Education and Outreach =i y*- p7�w,{p.4 Y'` r 3 ,{y ' ) r'� 4•'.' .t r _C zw �t.1.� , Measnrable,{Gaals PoAtion�' Resonsi�ile i' wz f 7f Ed,:4S,�r,:r, ,i. .,Si.ra.RLY".J�,::k�#:: ,4 �f,n- r4..r'f1xVE';GLr+SXSA:.>�Ft,•31 w.r �ry..1i.� iir::x'�:Yy..,,fi `+i We 'f 7iV9'ad!rn_n::-_ 1 Distribute brochures to Brochures will also be available at city hall_ In groups and citizens addition, brochures will be available at neighborhood meetings and city events. The Engineering `I-ech. 11 number published and distributed will be recorded. 2 Classroom presentation Students and teachers will be presented the impacts ofstormwater pollution and what can be "tech. Engineering II done to reduce impacts. Number of students and teachers presented the information will be tracked. 3 Maintain the City websile Maintain the City website to include information on stormwater related issues, phone numbers to use for incident reporting and current stormwater Engineering Tech. 11 activities taking place. A counter will be used to Irack the number of requests or hits- 4 Centralina Council of Continue to work with Ccntralina Council of' Government — Regional Government — Regional Stormwater Partnership Stormwater Supervisor Stormwater Partnership to promote good stormwater practices at both the local and regional level. • 2. Public Involvement and Outreach • T _+ al BMP r 4 i \x'4zy.?ls .7 FNs • ° �x" ' MeasurablefGoals s{ ' ^ 14"t''�i�.�er."...ir..[i+trSw:.+•.f�i ,_r-rL• ` Res onstllilewsihon }.a1\1 ,.i^�l� d-.d!'.^.4 tm 4.e � 11 �4�� F� 5;. £ '.5 I_�, 7 ?%r F.n r S-. t - _ 1 � .'v' C'#.�4 n ,i•'iiX+ •1 Conduct a Public Meeting Provide public an opportunity to comment on the on the Stormwater Stormwater Management Program Engineering Director Management Pro gram 2 Stormwater Management Utilize the Stormwater Management Advisory Advisory Committee and Committee and Environmental and Water City Council I nv1ronmental and water Resource Committee for input on stormwater Resource Committee issues and the stormwater mana ement program. 3 Continue to administer the Continue to provide an opportunity for civic and Public Involvement and volunteer group to participate in the storm Drain Stormwater Supervisor -Participation Program(s) Marker program. 3. Illicit Discharge Detection and Elimination �r •ate � r ,r.�,i \ C r-. ,�v ��>� . ,,,� � ..; r . _ ��� Measurable'Goals ' ' r'�Y � v.c �w , �Resons><b1e Poslho�n``? 1 Train and coordinate with Distribute information to other City departments other departments to report outlining the methods used to detect and identify Stormwater Supervisor illicit connections illicit connections 2 Distribute brochures to the ification to the public via brochures outlining Stormwater Supervisor public to educate them onit connections. A count of the quantity sent roiluloitclwill and Engineering Tech. illicit connections indicate the 13MP's effectiveness. 11 22 3 Provide for public Continue to provide the public with a means of involvement to report illicit reporting illicit connections or illegal dumping Engineering; "Tech. II connections activities via telephone and/or the city web a e ' 4 Identify person to follow- Continue to provide an annual report outlining; the Stormwater & Land uh on reports amount of reported and identified illicit Development Engineer connections 4. Construction Site Stormwater Runoff Control ``�q;' kj . BMP ; ,` r ' ��` v ` Measu�alile Goals' r ``�W a' V 3`'�',� V=-RekF risible Ro' s- tionf :t.. �. 2 :"• �.,`i`#S,:hftfr','"�dj4TM:;5`.r��'.?57'i...v�r3f1.a�:�..?'`FaTAs�:t_,°>tx�S•. 'L�r,p*a, I Sites will comply with the Require construction site operators to implement City of Monroe Erosion and erosion and sediment controls at construction Stormwater & Land Sedimentation Control sites and provides actions to ensure compliance. Development Engineer Ordinance 2 A Pre -Construction meeting; A Pre -Construction meeting; will be held with Stormwater Land will be held for each site City staff and Financial Responsible person Developmentt Engineer and/or their re resentative(s) 3 Monthly Site Inspection A monthly site inspection will be held with City's Stormwater & Land Erosion Control Specialist and Financial Development Engineer Responsible person and/or their representativc(s qPost Construction Stormwater Management in New Development and Redevelopment .`:. i'• '�}]r1".,R`' � rc vwt5t 'BP twr: r &:�&- ',:-J%xJ.; '-c.�c.y. for a:i n, 3 r 1 '�1x ' ire �� �m ��rF�. easurabe�Goals . ;a �. x , a'... ResP°'-P° .�'I 110 t I New developed and All new developed and redeveloped sites must redeveloped sites will abide meet City Stormwater Management Ordinance by the City's Stormwater requirements for water quality and quantity Stormwater Supervisor Management ordinance and 15A NCAC 2H.1000 2 Ensure property owncr(s) Review annual inspection report submitted from are maintaining the owners of stormwater facilities Stormwater Supervisor Stormwater Facilities on their site 3 Establish a program to Prepare and distribute information to the public control the sources of fecal pertaining; to the source of fecal coliform and how Stormwater & Land coliforrn to the maximum the public can reduce fecal coliform impacts. Development Engineer extent practicable Coordinate with the county health department on the operation and maintenance of septic s stems_ 4 Natural Resources Assist Water Resources Department and Planning and I)cvelopment with ensuring that buffers are Stormwater Supervisor protected along all perennial and intermittent streams • 23 0 • 6. ' Pollution Prevention / Good Housekeeping for Municipal Operations 1i •' _ ),. _ C ayk lY B1ViP•t- ♦ 1Y h .W, "In 1 i .e 'k y +i y': t" M��••!_1'f^ (i F- � M - eastJns r T 3 o ? ,M « urable Goals ; .Y N{H .y:•�:yr� P ans�ble Posi>hon = A:A Y << t t . #tfr A i,Res I Distribute pollution Maintain records of those employees who have prevention training been trained or informed of good housekeeping materials to those practices for all public facilities with regard to employees who maintain their potential for polluting the waterways, the public facilities on the Stormwater & Land principles of good Development Engineer housekeeping and how improper maintenance can be detrimental to the waterways 2 Provide training for those 1'rovide Iliers and other informational data to employees who maintain inform employees of proper procedures for the storm sewer systems storage and disposal of waste solids. with emphasis on disposal Stormwater &Land of sediments and other Development I�ngineer solids Removed from the systems 3 Provide training on the use Maintain records of those licensed to apply of herbicides and other herbicides. Provide information on how storm chemicals and how they can systems receive runoff from vegetated areas using Infrastructure Engineer enter the storm systems handouts. through improper application 4 Inspect street operations Make a weekly inspection of those areas where facility to ensure that all chemicals used in the street operations are stored chemicals are properly stored and secured against spillage. Street Superintendent properly contained and any ,spill otential is minimized. 5 Inform vendors with City Inspect each vendor's work site in the City and contracts to practice good evaluate the degree of compliance. Stormwater & Land site housekeepingDevelopment Engineer 6 Review the current spill Make an annual review of the responses to spills response program for its and evaluate the outcome of each one. Infrastructure E'ngineer effectiveness and adjust accordingly 7 Review and evaluate the Records will be kept of the volume of materials effectiveness of the street picked up by the street sweeping equipment and sweeping program and presented in an annual report. Streets Superintendent adjust accordingly_ 8 Review of municipality Conduct annual review ofthe industrial activities owned or operated with a Phase I NI'DES stornwater permit owned regulated industrial and operated by the permittee. Review the activities following aspects: the Stormwater Pollution Infrastructure Engineer I revention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. 24 • • • Appendix B EROSION AND SEDIMENTATION CONTROL ORDINANCE 25 EFFECTIVE JULY I, 2003 • AN ORDINANCE TO AMEND TITLE XV OF THE CITY OF MONROE CODE OF ORDINANCES 0-2002-18 BE IT ORDAINED by the City Council of the City of Monroe that Title XV of the City of Monroe Code of Ordinances be amended to add Chapter 158, Erosion and Sedimentation Control, as follows: Section 1. TITLE XV, LAND USAGE ADD: • CHAPTER 158: EROSION AND SEDIMENTATION CONTROL PREAMBLE 158.01 PURPOSE 158.02 JURISDICTION 158.03 DEFINITIONS 158.04 EXCLUSIONS 158.05 GENERAL REQUIREMENTS AND OBJECTIVES 158.06 MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITIES 158.07 DESIGN AND PERFORMANCE STANDARDS 158.08 STORMWATER OUTLET PROTECTION 158.09 BORROW AND WASTE AREAS 158.10 ACCESS AND HAUL ROADS 158.11 OPERATIONS IN LAKES OR NATURAL WATERCOURSES 158.12 RESPONSIBILITY FOR MAINTENANCE 158.13 ADDITIONAL MEASURES 158.14 EXISTING UNCOVERED AREAS 158.15 PERMITS 158.16 EROSION AND SEDIMENTATION CONTROL PLANS 158.17 INSPECTIONS AND INVESTIGATIONS 158.18 PENALTIES 158.19 INJUNCTIVE RELIEF 158.20 RESTORATION OF AREAS AFFECTED BY FAILURE TO COMPLY 158.21 APPEALS 158.22 SEVERABILITY 158.23 EFFECTIVE DATE CHAPTER 15 8 EROSION AND SEDIMENTATION • CONTROL PREAMBLE The sedimentation of streams, lakes and other waters of this State constitute a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this City will result in an intensification of pollution through sedimentation unless timely and appropriate action is taken. Control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare, and expenditures of funds for erosion and sedimentation control programs shall be deemed for a public purpose. It is the purpose of this Article to provide for the creation, administration, and enforcement of a program and for the adoption of minimal mandatory standards which will permit development of this City to continue with the least detrimental effects from pollution by sedimentation. §t58.01 PURPOSE. This Section is adopted for the purpose of: (1) Regulating certain land -disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and (2) Establishing procedures through which these purposes can be fulfilled. 0 §158.02 JURISDICTION. This Section is hereby adopted by the City Council to apply to all areas within the corporate limits of the City of Monroe and its extraterritorial jurisdiction (ETJ). Where a conflict exists between any limitation or requirement contained in this Ordinance and those in any other ordinance, regulation, or plan, the more restrictive limitation or requirement shall apply. Except as otherwise provided herein, this ordinance shall not repeal, abrogate, or revoke any other ordinance, regulation, or plan. §158.03 DEFINITIONS. The words and phrases used in this Section shall have the meaning assigned in this Section provided, unless the context clearly indicates otherwise. These definitions are derived from the North Carolina Sedimentation Control regulations, 15A NCAC § 4A.005 and the Sedimentation Pollution Control Act of 1973, NCGS § l 13A-52. Accelerated Erosion — means any increase over the rate of natural erosion as a result of land disturbing activity. Act — means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and • orders adopted pursuant to it, as amended from time to time. 0-2002-18 • Adequate Erosion Control Measure, Structure, or Device — means one which controls the soil material within the land area under responsible control of the person conducting the land - disturbing activity, as such'controls'are specified in the Ordinance. Affiliate — a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of another person. Being Conducted — means a land -disturbing activity has been initiated and permanent stabilization of the site has not been completed. Borrow — means fill material which is required for on -site construction and is obtained from other locations. Buffer Zone — means the strip of land adjacent to a lake or natural watercourse. City — means City of Monroe City Council — means the City of Monroe City Council. City of Monroe Erosion Control Specialist/ Erosion Control Specialist/ Specialist — includes the City of Monroe Engineering Director, who is principally responsible for the administration of this Section, or his duly authorized designee. This term shall also include any persons, agents or other representatives of the City as authorized by the Engineering Director. . Completion of Construction or Development — means that no further land -disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Commission -- means the North Carolina Sedimentation Control Commission. Discharge Point — means that point at which runoff leaves a tract. District —means the Union Soil and Water Conservation District (also referred to as the "SWCD") created pursuant to Chapter 139 of the North Carolina Statutes. Energy Dissipator — means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Engineering Department— means the City of Monroe Engineering Department. Erosion — means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. Ground Cover — means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. SLake or Natural Watercourse — means any stream, river, brook, swamp, creek, run, branch, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. 0-2002.18 Land -Disturbing Activity — means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highways and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Local Government — means any county, village, town, or city, or any combination of counties, villages, towns and cities acting through a joint program with the City pursuant to the provisions of the Act. NCSCC — means the North Carolina Sedimentation Control Commission. Natural Erosion — means the wearing away of the earth's surface by water, wind or other natural agents under natural environmental conditions undisturbed by man. Parent — an affiliate that directly or indirectly, through one or more intermediaries, controls another Person. Person — means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person Conducting Land -Disturbing Activity — means any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Person Responsible for the Violation — as used in this Ordinance, and G.S. 113A-64 means: (1) The developer or other person who has or holds themselves out as having financial or operational control over the land -disturbing activity; and/or (2) The landowner or person in possession or control of the land who has directly or indirectly allowed the land -disturbing activity or has benefited from it or has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Phase of Grading — means one of two types of grading, rough or fine. Plan — means a complete Erosion and Sedimentation Control Plan. Sediment — means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation — means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land -disturbing activity or into a lake or natural watercourse. Siltation — means sediment resulting from accelerated erosion which is removable by properly designed, constructed, and maintained control measures; and which has been transported from its . point of origin within the site of a land -disturbing activity; and which has been deposited in or is in suspension in water. 0-2002-18 IS Storm Drainage Facilities — means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. ,, , Storm Water Runoff — means the direct runoff of water resulting from precipitation in any form. Subsidiary —an Affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person. SWCD/ Union SWCD — means the Union Soil and Water Conservation District. Ten -Year Storm — means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions. Tract — means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty-five Year Storm — means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average • antecedent wetness conditions. Two -Year Storm — means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 2 years, and of a duration which will produce the maximum peak rate of runoff, from the Watershed of interest under average antecedent wetness conditions. Uncover(s)(ed)(ing) — means the removal of ground cover from, on, or above the soil surface. Undertaken — means the initiating of an activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract. Veloeity(ies) — means the average speed of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks` Overload flows are not to be included for the purpose of computing velocity of flow. Waste — means surplus materials resulting from on -site construction and disposed of at locations either on or off site other than the initial source of the materials. Watershed — means the region drained by or contributing water to a stream, lake or other body of water. • Working Days — means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land -disturbing activity to be undertaken. 0-2002-1 B §158.04 EXCLUSIONS. This Section shall not apply to the following land -disturbing activities: (1) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to persons, including, but not limited to: (a) Forages and sod crops, grains and feed coops, tobacco, cotton and peanuts. (b) Dairy animals and dairy products. (c) Poultry and poultry products. (d) Livcstock, including beef cattle, sheep, swine, horses, ponies, mules, and goats. (e) Bees and apiary products. (f) Fur producing animals. • (2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Environment and Natural Resources. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and e timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land -disturbing activity on the tract. (3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. (4) Land -disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-5b(a). (5) For the duration of an emergency, activities essential to protect human life. §158.05 GENERAL REQUIREMENTS AND OBJECTIVES. (A) Plan Required. No Person shall initiate any land -disturbing activity which uncovers more than twelve thousand (12,000) square feet of land for commercial, industrial, or subdivision development without having a plan approved by the City of Monroe Erosion Control Specialist. Land -disturbing activities resulting from single-family residential development on an individual lot which disturbs one (1) acre of land or less are excluded from plan submittal and approval, provided that erosion control devices are installed in accordance with the details for residential lot development found in the City of Monroe Standard Specifications and Detail Manual. Single-family residential development exceeding one (1) acre of land disturbed will be required to submit for plan approval. Land -disturbing activities resulting from single-family residential . development on multiple contiguous lots which disturb a total of one (1) acre of land or less may conduct such activity with a single approved plan encompassing all the lots or with separate approved ESC installation and Maintenance Agreements for each lot. 0-2002-18 (B) ESC Installation and Maintenance Agreement Required. No person shall initiate any Land -Disturbing Activity for the purpose of new single-family residential development on an individual lot to a maximum of one (1) acre, without having an ESC Installation and Maintenance Agreement approved by the City of Monroe Erosion Control Specialist. (C) Deleted effective July 1, 2003 (D) Protection of Property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. (E) Basic Control Objectives. A plan may be disapproved pursuant to Section 158.16 of this Ordinance if the plan fails to address the following control objectives: (1) Identify Critical Areas — On -site areas which are subject to severe erosion, and off - site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention. (2) Limit Time of Exposure — All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. (3) Limit Exposed Areas — All land -disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. • (4) Control Surface Water — Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (5) Control Sedimentation — All land -disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage. (6) Manage Storm Water Runoff — When the increase in the velocity of storm water runoff resulting from a land -disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. §158.06 MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITIES. No land -disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with the following mandatory standard: (A) Buffer Zone. (1) No land -disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is O provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land - disturbing activity. 0-2002.18 (2) Unless otherwise provided, the width of the buffer zone begins and is measured landward from the normal pool elevation of impounded structures (lakes) to the • Tnearest edge of the disturbed area and/ or five feet from the edge of the top of the bank of streams or rivers to the nearest edge of the disturbed area. Natural or artificial means of confining visible siltation must be placed, constructed or installed outside the undisturbed buffer zone. (3) For any watercourse, where more than one stream buffer width is imposed by City of Monroe Code of Ordinance or other local, state or federal law(s), rule(s), or regulation(s), the greater buffer width stipulated shall apply. (B) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 15 working days of completion of any phase of grading, be planted or otherwise be provided with ground cover, devices, or structures sufficient to restrain erosion. (C) Ground Cover. Whenever more than twelve thousand (12,000) square feet of land is uncovered or new residential development on an individual lot is initiated, the person conducting the land -disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Provisions for a ground cover sufficient to restrain erosion must be accomplished within - 15 working days or 60 calendar days, whichever is shorter • following completion of construction or development. (D) Prior Plan Approval .No Person shall initiate any land -disturbing activity on a tract if more than twelve thousand (12,000) square feet of land is to be uncovered, excluding single- family residential development in accordance with Subsection 158.05(B), unless, thirty or more days prior to initiating the activity, a plan is filed with and approved by the City of Monroe Erosion Control Specialist. The Erosion Control Specialist shall forward to the North Carolina Director of the Division of Water Quality a copy of each plan for a land -disturbing activity that involves the utilization of ditches for the purpose of de watering or lowering the water table of the tract. (E) Zoning Permits. Any person requesting a grading permit in association with a land - disturbing activity on a tract which involves the uncovering of more than twelve thousand (12,000) square feet of land or new residential development on an individual lot, shall be required to have an approved Erosion and Sedimentation Control Plan or ESC Installation and Maintenance Agreement in accordance with this Ordinance. §158.07 DESIGN AND PERFORMANCE STANDARDS. Erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of storm water runoff from the ten-year storm. Storm water runoff rates shall be calculated using the procedures in the USDA, Natural Resources Conservation Service's "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures. e 0-2002-18 S§158.08 STORMWATER OUTLET PROTECTION. (A) Persons shall conduct land -disturbing activity so that the post -construction velocity of the ten- year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: • (1) The velocity established in Table 158.08-1 of this Section; or (2) The velocity of the ten-year storm runoff in the receiving watercourse prior to the land -disturbing activity. (B) If the conditions of Section 158.08 (A) cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to land -disturbing activity" velocity by ten percent (10%). (C) Acceptable Management Measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The City recognizes that the management of storm water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious. (2) Avoid increases in storm water runoff discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sections to complex structures. (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining. (D) Exceptions. This rule shall not apply where it can be demonstrated that storm water discharge velocities will not create an erosion problem in the receiving watercourse. (E) Maximum permissible velocity for storm water discharges shall be regulated in accordance with Table 158.08-1. o•zooz-ia Table 158.08-1 Maximum Permissible Velocities Feet/ Meters/ -Material Second Fine sand (noncolloidal) Secolld 2.5 0.8 Sandy loam (noncolloidal) 2.5 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel. 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 L5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable Velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. §158.09 BORROW AND WASTE AREAS. When the Person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the North Carolina Department of Environment and Natural Resources's Division of Solid Waste Management, shall be considered as part of the land - disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land -disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land - disturbing activity. §158.10 ACCESS AND HAUL ROADS. Temporary access and haul roads, other than public roads, constructed or used in connection with any land -disturbing activity shall be considered a part of such activity. §158.11 OPERATIONS IN LAKES OR NATURAL WATERCOURSES. Land -disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a lake, stream or other • E 0-2002-18 watercourse where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the lake, stream or other watercourse flow characteristics, except when justification acceptable to the City for significant alteration to flow characteristic is provided. §158.12 RESPONSIBILITY FOR MAINTENANCE. During the development of a site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance or the Act, or any order adopted pursuant to this Ordinance or the Act. After site development, the landowner or person in possession of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. §158.13 ADDITIONAL MEASURES. Whenever the City of Monroe Erosion Control Specialist determines that significant sedimentation is occurring as a result of land -disturbing activity, despite application and maintenance of protective practices, the person conducting the land -disturbing activity will be required to and shall take additional protective action. §158.14 EXISTING UNCOVERED AREAS. (A) All uncovered areas existing on the effective date of this Ordinance which resulted from land -disturbing activity which exceed one (1) acre of land, that are subject to continued accelerated erosion and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off -site sedimentation. (B) The City of Monroe Erosion Control Specialist will serve upon the landowner or other person in possession or control of that land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply, and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the Erosion Control Specialist shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (C) The City of Monroe Erosion Control Specialist reserves the right to require preparation and approval of a plan in any instance where extensive control measures are required. §158.15 PERMITS. (A) No person shall undertake any land -disturbing activity subject to this Ordinance without having first obtained a Plan Certificate and Letter of Approval or ESC Installation and Maintenance Agreement Approval from the City of Monroe Erosion Control Specialist, except that no flan Certificate and Letter of Approval or ESC Installation and Maintenance Agreement Approval shall be required for any Land -Disturbing Activity: (1) For the purpose of fighting fires; or 0-2002-18 (2) For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off -site damage; or 0 (3) That does not disturb more than twelve thousand (12,000) square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (B) Although a Plan Certificate and Letter of Approval is not required for land -disturbing activity comprising less than twelve thousand (12,000) square feet of land or less than one (1) acre for residential projects, such activity shall be subject to all other requirements of this Ordinance and any other applicable standards or ordinances adopted by the City of Monroe. (C) Submittals for erosion and sediment control plan approval and erosion control inspections shall be subject to any and all relevant fees as adopted by the City Council and prescribed in the City of Monroe Code of Ordinances. Fees shall accompany plan submittals, otherwise the submittal shall be determined incomplete and shall be returned to the applicant. §158.16 EROSION AND SEDIMENTATION CONTROL PLANS. (A) Persons conducting land -disturbing activity shall be responsible for preparing a plan for all land -disturbing activities subject to this Ordinance whenever the proposed activity is to be undertaken on a tract disturbing more than twelve thousand (12,000) square feet of land, excluding single-family residential development addressed in Section 158.05 (B). (B) Three complete copies of the plan shall be filed with the City of Monroe Erosion Control • Specialist in the office of the City of Monroe Engineering Department at least thirty (30) days prior to the commencement of the proposed activity. A fee, made payable to the City of Monroe, shall be charged for each plan review. Such fee shall be in accordance with a fee schedule adopted by the City of Monroe City Council. No plan shall be considered complete unless accompanied by such fee. (C) The City of Monroe Erosion Control Specialist shall transmit a copy of the complete plan to the Union Soil and Water Conservation District (SWCD) for their review. The SWCD shall be given up to twenty (20) days to make comment on the plan. Failure of the SWCD to submit its comments to the City of Monroe Erosion Control Specialist within such time period shall not delay final action on the proposed plan by the City of Monroe Erosion Control Specialist. (D) The City of Monroe Erosion Control Specialist shall render a decision on a plan within thirty (30) days of submittal. The City of Monroe Erosion Control Specialist shall condition approval of a draft plan upon the applicants' compliance with local, state and federal water quality laws, regulations, ordinances and rules. Such decision shall be approval, approval with modifications, approval with performance reservations, or disapproval. Failure to approve, approve with modifications or performance reservations, or disapprove a complete plan within thirty (30) days of receipt shall be deemed approval. (E) Any final decision made pertaining to the proposed plan shall be filed in the City of Monroe Engineering Department (or as otherwise designated by the City) and sent to the applicant by first class mail. o-202-is (F) Denial of a plan or a revised plan must specifically state in writing the reasons for disapproval. The City of Monroe Erosion Control Specialist must approve, approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt, or it is deemed to be approved. (G) Activities indicated on approved plans not completed within eighteen (1 S) months of the date of the City of Monroe Erosion Control Specialist's approval shall also be deemed null and void. If, following commencement of a land -disturbing activity pursuant to an approved plan, the City of Monroe Erosion Control Specialist determines that the plan is inadequate to meet the requirements of this Ordinance, the Erosion Control Specialist may require any revision of the plan that is necessary to comply with this Ordinance. (H) Persons conducting land -disturbing activities which are addressed by Section 158.16 shall have secured a Plan Certificate and Letter of Approval (in accordance with procedures described herein) before any land -disturbing activities commence. A copy of the approved plan and the Certificate of Plan Approval shall be maintained at the job site by the persons conducting the land -disturbing activity. After approving the plan, if the City of Monroe Erosion Control Specialist, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, the Specialist may require that a revised plan be submitted. Pending the preparation and approval of the revised plan, work shall cease or shall continue under conditions outlined by the Erosion Control Specialist. (I) A plan may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land -disturbing activity or their attorney -in -fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. (J) The person submitting a plan to the City of Monroe Erosion Control Specialist is, prior to submission of the plan, solely and exclusively responsible for determining whether the proposed land -disturbing activities require any form of state or federal environmental certification or documentation. Any plan submitted for a land -disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. I I3A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for City review. The City of Monroe Erosion Control Specialist, upon discovery that an environmental certification or documentation is required but was not obtained, shall promptly notify the person submitting the plan that the thirty (30) day time limit for review of the plan pursuant to Section 158.16 (D) of this Ordinance shall not begin until a complete environmental document or certificate is available for review by the City of Monroe Erosion Control Specialist. However, no term or condition in the Ordinance shall be interpreted to place the burden for determining the necessity for an environmental certificate or documentation upon the City of Monroe Erosion Control Specialist, and the person submitting the plan, as well as any other persons specified by . law, rule or regulation, shall remain solely and exclusively responsible for such determination. (K) The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of 0-2002.18 this Ordinance. Any erosion and sediment control measures and/or devices must be drawn to scale and contour when deemed applicable by the City of Monroe Erosion Control Specialist. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation shall be found in the City of Monroe Standard Specifications and Detail Manual. The Erosion Control Specialist shall automatically disapprove a plan if it is determined that implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. (L) A plan may be disapproved upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land -disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the NCSCC or the City pursuant to the Act and has not complied with the notice within the time specified in the notice. (2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due. (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or (4) Has failed to substantially comply with applicable local, State or Federal laws, regulations, rules or ordinances adopted pursuant to the Act. For purposes of this subsection 15$.16 (L), an applicant's record may be considered for only the two (2) years prior to the application date. (M) Applications for amendment of a plan in written and/or graphic form may be made at any time under the same format as the original application. Until such time as said amendment is approved by City of Monroe Erosion Control Specialist, land -disturbing activity shall not proceed except in accordance with the plan as originally approved. (N) Any person engaged in land -disturbing activity who fails to file a plan in accordance with this Ordinance, or who conducts a land -disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this Ordinance. §158.17 INSPECTIONS AND INVESTIGATIONS. (A) The City of Monroe Erosion Control Specialist will periodically inspect land -disturbing activities to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land -disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each plan. (B) No person shall willfully resist, delay, or obstruct the City of Monroe Erosion Control Specialist, while inspecting or attempting to inspect a land -disturbing activity under this section. (C) If it is determined that a person engaged in the land -disturbing activity has failed to . comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved plan, a notice of violation shall be served upon that person. The notice shall be served by registered or certified mail or by any means 0-2002-18 authorized under GS lA-1, Rule 4. The Notice of Violation shall specify a date by which, or a cure period within which, the person must comply with this Ordinance, and inform the person of the actions that need to be taken to comply with this Ordinance. The Notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures shall be completed, and warn that failure to correct the violation within the time period stated is subject to a civil penalty and other enforcement actions. However, no time period for compliance need be given for failure to submit a plan for approval, for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties, or for the penalty that may be assessed pursuant to this Ordinance for the day the violation is assessed by the City of Monroe Erosion Control Specialist. Any person who fails to comply within the time specified in the Notice is subject to additional civil and criminal penalties for a continuing violation as provided in this Ordinance. (D) The City of Monroe Erosion Control Specialist shall have the power to conduct such investigation as may be reasonably deemed necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land -disturbing activity. No person shall refuse entry or access to the City of Monroe Erosion Control Specialist who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties as provided in this Ordinance. (E) The City of Monroe Erosion Control Specialist shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land -disturbing activity. (F) On any tract on which five (5) or more acres are disturbed, the person conducting land - disturbing activity will be responsible for self inspection of erosion and sedimentation control facilities at least once every seven (7) days or within 24 hours of a storm event of greater than 0.5 inches of rain per 24-hour period. §158.18 PENALTIES. (A) Civil Penalties. (1) Any person who violates any of the provisions of the applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or rules or orders adopted or issued pursuant to applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or who initiates or continues a land -disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. A person may be immediately assessed a maximum civil penalty of up to $5,000 on the date any violation is first assessed by the City of Monroe Erosion Control Specialist. An additional maximum civil penalty of up to $5,000 per day may be assessed by the City of Monroe Erosion Control Specialist from the day following the date of initial assessment of a violation, if the cure period provided in the Notice of Violation is not met. If a civil penalty is not assessed immediately on the date of assessment of a violation, the City of Monroe Erosion Control Specialist is not precluded from later assessing a penalty for that date in addition to other penalties (if any). Penalties are o-aooz- i s due and payable immediately upon assessment unless a cure period has been 'A provided, in which case the penalties attributed to any uncured actions (or failures to `{ act) covered by the cure period are due and payable immediately following failure to cure and lapse of the cure period. Penalties continue to accrue until the applicable violations are corrected. (2) The City of Monroe Erosion Control Specialist shall determine the amount of the civil penalty within established guidelines and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under G.S. IA -I, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment as provided in this Ordinance. If a violator does not pay a civil penalty assessed by the City of Monroe Erosion Control Specialist within 30 days after it is due, the Specialist may institute a civil action to recover the amount of the assessment. The civil action may be brought in the General Court of Justice of any county where the violation occurred or the violator's residence or principal place of business is located. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due immediately when the violator is served with a notice of assessment. An assessment that is contested by the recipient continues to accrue pending appeal, so long as the violation continues. (3) The maximum civil penalty for a violation is Five Thousand Dollars ($5,000.00) per day. The notice of violation shall describe the violation with reasonable particularity, specify a permitted cure period within which the violation is to be corrected, and warn that failure to correct the violation within the prescribed cure period may result in the assessment of a civil penalty(ies) (or assessment of additional civil penalties, as the case may be) and other available enforcement action(s). Permitted cure periods for violations begin the day following the initial date such violation is first assessed. If, after the cure period has expired, the violator has not completed the prescribed corrective action, a civil penalty(ies) may be retroactively assessed on a daily basis, from and including the date the violation was assessed. Each day of continuing violation shall constitute a separate violation. (4) No cure period for compliance need be given for any violation (including without limitation, a failure to submit a plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties) prior to assessment of an initial civil penalty for the day the violation is detected, up to the maximum amount permitted per day. (5) In determining the amount of the penalty, items which may be considered are the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by non-compliance, whether the violation was committed willfully and the prior record of the violator in complying with or failing to comply with this Ordinance. (6) Civil penalties collected by a local government under this subsection shall be credited to the general fund of the local government as non -tax revenue. (B) Criminal Penalties. Any Person who knowingly or willfully violates any provision of this Ordinance, or rule, regulation or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land -disturbing activity for which a 0-2002•18 plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.00. §158.19 INJUNCTIVE RELIEF. (A) Whenever the City of Monroe Erosion Control Specialist has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any term, condition, or provision of an approved plan, he/ she may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the General Court of Justice of Union County. (B) Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order of judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. §158.20 RESTORATION OF AREAS AFFECTED BY FAILURE TO COMPLY. The City of Monroe Erosion Control Specialist may require a person who engaged in a land - disturbing activity and failed to retain sediment generated by the activity as required by subsection 158.17 (B) to restore the waters and land affected by the failure so as to minimize the • detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. §158.21 APPEALS. Procedures which constitute the appeals process, related to the following actions: (A) Plan Approval With Modifications or Plan Disapproval. The appeal of an approval, approval with modifications or disapproval of a plan made by the City of Monroe Erosion Control Specialist with regard to this Ordinance shall be governed by the following provisions: (1) The order of approval, disapproval, or modification of any proposed Plan made by the City of Monroe Erosion Control Specialist shall entitle the Person challenging such decision to a public hearing before the City of Monroe Board of Adjustment if such Person submits written demand for a hearing and completes the necessary forms and pays the required appeals fee within fifteen (15) days following the date the decision was filed in the City of Monroe Engineering Department office or mailed to the applicant, whichever date is later. Such written request and completed forms shall be submitted to the Clerk of the Board of Adjustment or his designee. Norms shall be available at the City of Monroe Administrative Office, or as directed by the City of Monroe Erosion Control Specialist. A fee for such public hearing shall be in accordance with a fee schedule adopted by the City of Monroe City Council. No request shall be considered complete unless accompanied by such fee. 0 (2) Notice of the Board of Adjustment public hearing shall be sent by first class mail to the applicant at least ten (10) days prior to the public hearing and to any person who has submitted written request to receive such notice at least ten (10) days prior to the 0-200248 date of the public hearing. The hearing shall be held no later than thirty (30) days after the date of receipt of said written request. 0 (3) A hearing shall be conducted by the Board of Adjustment. A concurring vote per the Board of Adjustment's officially adopted by-laws will be necessary to reverse any order, requirement, decision, or determination of any official charged with the enforcement of this Ordinance, or to decide in favor of an appellant any matter upon which is required to pass or to grant variance from the provisions of this Ordinance. The City shall keep minutes of the proceedings, showing the votes of each member upon each question and the attendance of each member at such hearings. The final disposition of the City shall be based on findings of fact. (4) A party dissatisfied with the decision of the Board of Adjustment following the public hearing shall appeal such decision to the NCSCC pursuant to Title 15, Chapter 413, Section .0018(d) of the North Carolina Administrative Code and as provided by NC GS 133A-61(c). (B) Plan Disapproval Due To Prior Violation, Unpaid Penalties, or Non-compliance. In the event that a plan is disapproved pursuant to Subsection 158.16 (L) of this Ordinance, the City of Monroe Erosion Control Specialist shall notify the Director of the Division of Land Resources of such disapproval, along with the reasons therefore, within ten (10) days after the date of the decision. The City of Monroe Erosion Control Specialist shall advise the applicant and the Director of the Division of Land Resources in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the City of Monroe Erosion Control Specialist's disapproval of the plan pursuant to Subsection 158.16 (L) of this Ordinance directly to the NCSCC. (C) Issuance of Notice of Violation, Penalties, or Order of Restoration. The appeal of Issuance of Notice of Violation, Assessment of Civil Penalty, or Order of Restoration made by the City of Monroe with regard to this Ordinance shall be governed by the following provisions: (1) The issuance of a notice of violation, assessment of a civil penalty, or an order of restoration by the City of Monroe Erosion Control Specialist shall entitle the person alleged to be in violation of the Ordinance (petitioner) to appeal within thirty days by filing a petition for a contested case with the State Office of Administrative Hearings under Article 3 of Chapter 150B. §158.22 SEVERABILITY. If any section or specific provision or standard of this ordinance is found by a court to be unconstitutional or invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, or standard of these regulations, except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect. §158.23 EFFECTIVE DATE. This ordinance shall become effective July 1, 2002. RETURNTO ENCINFERING HOME PAGE, G 0-2002-18 S CHAPTER 159: STORMWA TER MANAGEMENT ORDINANCE SECTION 1: GENERAL PROVISIONS.......................................................................... 6 159-101 Title.................................................................................................................6 159-102 Authority.........................................................................................................6 159-103 Findings-, ....................................................................................................... 6 159-104 Purpose...........................................................................................................6 (A) General...............................................................................................................6 (B) Specific............................................................................................................... 7 159-105 Applicability and Jurisdiction........................................................................ 8 (A) General...............................................................................................................8 (B) Exemptions........................................................................................................ S (1) Threshold........................................................................................................ 8 (2) General exemption.......................................................................................... 8 (C) No Development or Redevelopment Until Compliance and Permit ............. 8 (D) Map.................................................................................................................... 9 159-106 Interpretation................................................................................................. 9 (A) Meaning and Intent.......................................................................................... 9 (B) Text Controls in Event of Conflict.................................................................. 9 (C) Authority for Interpretation............................................................................ 9 (D) References to Statutes, Regulations, and Documents .................................... 9 (E) Computation of Time......................................................................................10 (F) Dclegation of Authority..................................................................................10 (G) Usage................................................................................................................10 (1) Mandatory and Discretionary `herms............................................................ 10 (2) ConjUnCtions................................................................................................. 10 (3) Tense, Plurals, and Gender........................................................................... 10 (IT) Measurement and Computation....................................................................10 159-107 Design Manual.............................................................................................10 (A) Reference to Design Manual..........................................................................10 (B) Relationship of Design Manual to Other Laws and Regulations ...............11 (C) Changes to Standards and Specifications.....................................................11 159-108 Relationship To Other Laws, Regulations And Private Agreements......... 11 (A) Conflict of Laws..............................................................................................11 1 (B) Private Agreements......................................................................................... 11 S 159-109 Severability...................................................................................................12 159-110 Effective Date and Transitional Provisions................................................12 (A) Effective Date..................................................................................................12 (B) Final Approvals, Complete Applications......................................................12 (C) Violations Continue........................................................................................12 159-201 Review and Decision -Making Entities........................................................13 (A) Stormwater Administrator............................................................................13 (1) Designation................................................................................................... 13 (2) Powers and Duties........................................................................................ 13 159-202 Review Procedures.......................................................................................13 (A) Permit Required; Must Apply for Permit....................................................13 (B) Effect of Permit...............................................................................................14 (C) Authority to File Applications.......................................................................14 (D) Establishment of Application Requirements, Schedule, and Fees ............. 14 (1) Application Contents and Form.................................................................... 14 (2) Submission Schedule.................................................................................... 14 (3) Fees Required ............................................................................................. 14 (4) Administrative Manual................................................................................. 15 (E) Submittal of Complete Application............................................................... 15 (F) Review..............................................................................................................15 (1) Approval....................................................................................................... 15 (2) Fails to Comply............................................................................................. 15 (3) Revision and Subsequent Review................................................................. 15 159-203 - Applications for Approval............................................................................16 (A) Concept Plan and Consultation Meeting......................................................16 (1) Existing Conditions/Proposed Site Plans ...................................................... 16 (2) Natural Resources Inventory.... ........... ......................................................... 16 (3) Stormwater Management System Concept Plan ........................................... 16 (B) Stormwater Management Permit Application.............................................17 (C) As -Built Plans and Final Approval...............................................................17 (D) Other Permits..................................................................................................17 159-204 Participcation In A Regional Stormwater Management Facility..............18 (A) Where Permitted.............................................................................................18 (B) Use of Contributions.......................................................................................18 • (C) Fees Required..................................................................................................18 2 • 159-205 Approvals......................................................................................................18 (A) Effect of Approval...........................................................................................18 (B) Time Limit/Expiration...................................................................................19 159-206 Appeals.........................................................................................................19 (A) Right of Appeal...............................................................................................19 (B) Filing of Appeal and Procedures...................................................................19 (C) Review by Superior Court.............................................................................19 SECTION3: STANDARDS............................................................................................ 20 159-301 General Standards....................................................................................... 20 159-302 Impervious surface requirements................................................................ 20 (A) Setback Requirement..................................................................................... 20 (B) No new impervious or partially pervious surface in floodplain ................. 20 (C) Development in Critical Area of Water Supply Watersheds ...................... 20 159-303 Structural stormwater control requirements ............................................... 20 159-305 Standards for Stormwater Control Measures ............................................. 21 (A) Evaluation According to Contents of.Design Manual ................................. 21 (B) Determination of Adequacy; Presumptions and Alternatives .................... 21 (C) Separation from Seasonal High Water Table .............................................. 21 159-306 Dedication of BMPs, Facilities & Improvements ....................................... 22 159-307 Variances......................................................................................................22 159-308 Additional Water Quantity Control Standards ...................................... 23 (A) Applicability.................................................................................................... 23 (B) General Requirements.................................................................................... 23 SECTION 4: MAINTENANCE.................................................................................... 24 159-401 General Standards for Maintenance........................................................... 24 (A) Function of BMPs As Intended...................................................................... 24 (B) Annual Maintenance Inspection and Report ............................................... 24 159-402 Operation and Maintenance Agreement..................................................... 25 (A) In General........................................................................................................ 25 (B) Special Requirement for Homeowners' and Other Associations ............... 26 • 159-403 Inspection Program..................................................................................... 27 3 159-404 Performance Security For Installation And Maintenance ........................ 27 is (A) May Be Required............................................................................................ 27 (B) Amount............................................................................................................ 28 (1) Installation.................................................................................................... 28 (2) Maintenance..................................................................................................28 (C) Uses of Performance Security........................................................................ 28 (1) Forfeiture Provisions................................................................ ....28 (2) Default.......................................................................................................... 28 (3) Costs in Excess of Performance Security ..................................................... 28 (4) Refund...........................................................................................................29 159-405 Notice to owners........................................................................................... 29 (A) Deed Recordation and Indications On Plat .................................................. 29 (B) Signage............................................................................................................. 29 159-406 Records of Installation and Maintenance Activities ................................... 29 159-407 Nuisance.......................................................................................................29 SECTION 5: ENFORCEMENT AND VIOLATIONS .................................................. 30 (A) Authority to Enforce....................................................................................... 30 (B) Violation Unlawful.......................................................................................... 30 • (C) Each Day a Separate Offense......................................................................... 30 (D) Responsible Persons/Entities......................................................................... 30 (1) Person Maintaining Condition Resulting In or Constituting Violation ........ 30 (2) Responsibility For Land or Use of Land ...................................................... 30 159-502 Remedies And Penalties............................................................................... 31 (A) Remedies..........................................................................................................31 (1) Withholding of Certificate of Occupancy..................................................... 31 (2) Disapproval of Subsequent Permits and Development Approvals ............... 31 (3) Injunction, Abatements, etc.......................................................................... 31 (4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 31 (5) Stop Work Order........................................................................................... 31 (B) Civil Penalties.................................................................................................. 32 (C) Criminal Penalties........................................................................................... 32 159-503 Procedures....................................................................................................32 (A) Initiation/Complaint.......................................................................................32 (B) Inspection.........................................................................................................32 (C) Notice of Violation and Order to Correct ..................................................... 32 (D) Extension of Time........................................................................................... 33 • 4 0 (E) Enforcement After Time to Correct.............................................................. 33 (F) Emergency Enforcement................................................................................ 33 SECTION 6: DEFINITIONS.......................................................................................... 34 159-601 Terms Defined .............................................................................................. 34 Built -upon area (BUA)............................................................................................... 34 Department.................................................................................................................. 34 DesignManual............................................................................................................. 34 Development................................................................................................................ 34 Division........................................................................................................................ 34 Floodplain.................................................................................................................... 34 Largercommon plan of development or sale........................................................... 34 1-year, 24-hour storm................................................................................................. 34 Owner........................................................................................................................... 35 Redevelopment............................................................................................................ 35 Structural BMP........................................................................................................... 35 Substantialprogress................................................................................................... 35 SECTION 7: Illicit Discharges....................................................................................... 36 159-701 Illicit Discharges and Connections............................................................. 36 (A) Illicit Discharges.............................................................................................. 36 (B) Illicit Connections........................................................................................... 37 (F) Spills................................................................................................................. 38 (G) Nuisance...........................................................................................................39 0 SECTION 1: GENERAL PROVISIONS 159-101 TITLE This Ordinance shall be known as "The Stormwater Management Ordinance," hereinafter as "Ordinance," and may be so cited. 159-102 AUTHORITY The City Council is authorized to adopt this Ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General Statutes: Chapter 15-27.2. (Warrants to conduct inspections authorized by law), Chapter 143-214.5 (Water supply watershed protection), Chapter 143-214.7 (Stormwater runoff rules and programs) and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246 (Phase I1 Stormwater Management); Chapter 160A, §§ 174, 175 & 185 (General ordinance -making power, Enforcement of ordinance $ Emission of pollutants or contaminants.) 159-103 FINDINGS It is hereby determined that: Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, non -point and point source pollution, and sediment transport and deposition, as well as reducing groundwater recharge; 0 These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and These effects can be managed and minimized by applying proper design and well - planned controls to manage stormwater runoff from development sites. Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase 11 Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase lI requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this Ordinance. Therefore, the City Council establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge. 159-104 PURPOSE (A) General The purpose of this Ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post is - development stormwater runoff and non -point and point source pollution Eel ® associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems. It has been determined that proper management of construction -related and post -development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources. (B) Specific This Ordinance seeks to meet its general purpose through the following specific objectives and means: 1. Establishing decision -making processes for development that protect the integrity of watersheds and preserve the health of water resources; 2. Requiring that new development and redevelopment maintain the pre - development hydro logic. response in their post -development state as nearly as practicable for the applicable design storm to reduce flooding, stream bank erosion, non -point and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats; 3. Establishing minimum post -development stormwater management standards and design criteria for the regulation and control of stormwater • runoff quantity and quality; 4. Establishing design and review criteria for the construction, fimction, and Ilse of structural stormwater BMPs that may be used to meet the minimum post -development stormwater management standards; 5. Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and other conservation areas to the maximwn extent practicable; 6. Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BAIPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety; 7. Establishing administrative procedures for the submission, review, approval and disapproval ofstormwaler ntanaAement plans, for the inspection of approved projects, and to assure appropriate long-term maintenance. 8. Coordinating site design plans that include open space and natural areas with the Unified Development Ordinance. 9. Controlling illicit discharges into the municipal separate stormwater system. 7 10. Controlling erosion and sedimentation from construction activities in conjunction with the Erosion and Sedimentation Control Ordinance 159-105 APPLICABILITY AND JURISDICTION (A) General Beginning with and subsequent to its effective date, this Ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection (B) of this Section, Exemptions. (B) Exemptions (1) Threshold Residential development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale, and non-residential development that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this Ordinance. Redevelopment outside the floodplain that results in no net increase in built -upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance • Redevelopment of residential structures that results in no net increase in built - upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance whether or not within the floodplain. Redevelopment of non-residential structures that disturbs less than one-half acre, that is not part of a larger common plan of development or sale, that is within the floodplain, and that results in no net increase in built -upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance. Development and redevelopment that disturb less than a stated area threshold are not exempt if such activities are part of a larger common plan of development or sale that exceeds the area threshold, even though multiple, separate or distinct activities take place at different times on different schedules. (2) General exemption Activities that are exempt from permit requirements of'Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this Ordinance. (C) No Development or Redevelopment Until Compliance and Permit No development or redevelopment shall occur except in compliance with the provisions of this Ordinance or unless exempted. No development for which a 9 • permit is required pursuant to this Ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit. (D) Map The provisions of this Ordinance shall apply within the areas designated on the map titled `'Stormwater Map of City of Monroe, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thercon accompanies and is hereby made a part of this Ordinance. The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered by this Ordinance and the geographic location of all structural 13MPs permitted under this Ordinance. In the event of a dispute, the applicability of this Ordinance to a particular area of land or 13MP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances. 159-106 INTERPRETATION (A) Meaning and Intent: All provisions, terms, phrases, and expressions contained in this Ordinance s11a11 be construed according to the general and specific purposes set forth in Section • 104, Purpose. If a different or more specific meaning is given fora term defined elsewhere in City of Monroe Code of Ordinances, the meaning and application of the term in this Ordinance shall control for purposes of application of this Ordinance. (B) Teat Controls in Event of Conflict In the event ofa conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. (C) Authority for Interpretation The Stormwater Administrator has authority to determine the interpretation of this Ordinance. Any person may request an interpretation by submitting a written request to the Stormwater Administrator, who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of this Ordinance. (D) References to Statutes, Regulations, and Documents Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manual prepared by the North Carolina Department of Environment and Natural Resources), or document, it shall be construed its a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated. • (E) Computation of Time The time in which an act is to be done shall be computed by excluding the first day and including; the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City of Monroe, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the City of Monroe. References to days are calendar days unless otherwise stated. (F) Delegation of Authority Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of City of Monroe may be carried out by his or her designee. (G) Usage (1) Mandatory and Discretionary Terms The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature. (2) Conjunctions • Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions and events apply. The word "or" indicates that one or more of the connected items, conditions, provisions or events apply. (3) Tense, Plurals, and Gender Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. (IT) Measurement and Computation Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. 159-107 DESIGN MANUAL (A) Reference to Design Manual The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manual prepared by the North Carolina Department of Environment and Natural Resources as the 10 basis for decisions about stormwater pert -nits and about the design, implementation and performance of structural and non-structural stormwater 13MPs. The Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II and other applicable stormwater laws. (B) Relationship of Design Manual to Other Laws and Regulations Ifthe specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Design Manual. (C) Changes to Standards and Specifications Ifthe standards, specifications, guidelines, policies, criteria, or other information In the Design Manual are amended subsequent to the submittal of an application for approval pursuant to this Ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this Ordinance with regard to the application. 159-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE' AGREEMENTS (A) Conflict of Laws 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. 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 or environmental health, safety, and welfare shall control. (B) Private Agreements This Ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements ofthis Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any private covenantor deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this Ordinance. In no case shall the City of Monroe be obligated to enforce the provisions of any easements, covenants, or • agreements between private parties. 11 159-109 SEVERABILITY 0 If the provisions of any section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Ordinance. 159-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS (D) Effective Date This Ordinance shall take effect on October 1, 2007. (E) Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted and approved by the City prior to the effective date of this Ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this Ordinance dealing with the control and/or management of post -construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions. A phased development plan shall be deerned approved prior to the effective data of this Ordinance if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows: 1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved. 2 For any subsequent phase of development, sufficient detail so that implementation of the requirements of this Ordinance to that phase of development would require a material change in that phase of the plan. (F) Violations Continue Any violation of provisions existing on the effective date of this Ordinance shall continue to be a violation under this Ordinance and be subject to penalties and enforcement under this Ordinance unless the use, development, construction, or other activity complies with the provisions of this Ordinance. 12 ! SECTION 2: ADMINISTRATION AND PROCEDURES 159-201 REVIEW AND DECISION -MAKING ENTITIES (A) Stormwater Administrator (1) Designation The Stormwater Administrator shall be the City of Monroe Engineering Director or his designee who shall be responsible for administering and enforcing this Ordinance. (2) Powers and Duties In addition to the powers and duties that may be conferred by other provisions of the City of Monroe Code of Ordinances and other laws, the Stormwater Administrator shall have the following powers and duties ender this Ordinance: a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this Ordinance. b. To make determinations and render interpretations of this Ordinance. . c. To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the City of Monroe on applications for development or redevelopment approvals. d. To enforce the provisions of this Ordinance in accordance with its enforcement provisions. e. To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this Ordinance. f To provide expertise and technical assistance to the City Council and the Water Resources Committee upon request. g. To designate appropriate other person(s) who shall carry out the powers and duties ofthe Stormwater Administrator. h. To take any other action necessary to administer the provisions of this Ordinance. 159-202 REVIEW PROCEDURES (A) Permit Required; Must Apply for Permit A stormwater permit is required for all development and redevelopment unless exempt pursuant to this Ordinance. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section. 13 (B) Effect of Permit A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this Ordinance, whether the approach consists of structural BMPs or other techniques such as low -impact or low -density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this Ordinance. (C) Authority to File Applications All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land owner's duly authorized agent. (D) Establishment of Application Requirements, Schedule, and Fees (1) Application Contents and Form . The Stormwater Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post -development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this Ordinance. (2) Submission Schedule The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring -that there is adequate time to review applications; and that the various stages in the review process are accommodated. (3) Fees Required Applications for stormwater permit approval, use of city- owned/maintained stormwater control systems, inspections related to the initial approval of stormwater control systems, and annual inspections of stormwater control systems and development sites shall be subject to any and all relevant fees as adopted by the City Council and prescribed in the City of Monroe Code of' Ordinances and Fee Schedule. Application fees shall accompany any S application, otherwise the application shall be determined incomplete and shall be returned to the applicant. 14 (4) Administrative Manual For applications required under this Code, the Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this Ordinance, and information on how and where to obtain the Design Manual in an Administrative Manual, which shall be made available to the public. (E) Submittal of Complete Application Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section. An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this Ordinance, along with the appropriate fee. if the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above. (F) Review . Within 30 calendar days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this Ordinance. (1) Approval If the Stormwater Administrator finds that the application complies with the standards of this Ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this Ordinance. The conditions shall be included as part of the approval. (2) Fails to Comply If the Stormwater Administrator finds that the application fails to comply with the standards of this Ordinance, the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. "file applicant shall have an opportunity to submit a revised application. (3) Revision and Subsequent Review A complete revised application shall be reviewed by the Stormwater Administrator within 15 calendar days after its re -submittal and shall be approved, approved with conditions or disapproved. If a revised application is riot re -submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered 15 withdrawn, and a new submittal for the same or substantially the same • project shall be required along with the appropriate fee for a new submittal. 159-203 APPLICATIONS FOR APPROVAL (A) Concept Plan and Consultation Meeting Before a stormwater management permit application is submitted, the Stormwater Administrator or developer may request a consultation on a concept plan for the post -construction stormwater managcment system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post - construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting: (1) Existing Conditions/Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. (2) Natural Resources Inventory A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. (3) Stormwater Management System Concept Plan A written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; low -impact design elements; location of existing and proposed conveyance systems such as grass 40 channels, swales, and storm drains; flow paths; location of 16 floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings. (B) Stormwater Management Permit Application The stormwater management permit application shall detail how post - development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this Ordinance, including Section 3, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this Ordinance. The submittal shall include all of the information required in the submittal checklist established by the Stormwater Administrator. incomplete submittals shall be treated pursuant to Section 159-202(D). (C) As -Built Plans and Final Approval . Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed. The plans shall show the f inal design specifications for all stormwater management facilities and practices and the field location, sire, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as -built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this Ordinance. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities. (D) Other Permits No certificate of compliance or occupancy shall be issued by the City of Monroe Permitting Center without final as -built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the City of Monroe may elect to withhold a percentage of permits or certificates of occupancy until as -built plans are submitted and final inspection and approval has occurred. Fr1 159-204 PARTICIPCATION IN A REGIONAL STORMWATER MANAGEMENT FACILITY (A) Where Permitted Where a regional stormwater management facility has been established by the City of Monroe, or by an authority operating with approval from the City of Monroe, a development may participate in said program in lieu of any certification of runoff control required by this article, provided that: 1. Runoff from the development drains to an existing public regional stormwater management facility approved by the City of Monroe; 2. Participation is in the form of contribution of funds, contribution of land, contribution of stonnwater management facility construction work, or a combination of these, the total value of which shall be in accordance with fee schedule adopted by the City Council; and 3. The City finds that the stormwater management plan is in compliance with all other applicable requirements of this Ordinance. (B) Use of Contributions Each contribution from a development participating in a regional stormwater . management facility shall be used for acquisition, design, construction or maintenance of one (1) or more such facilities in the same watershed in which the development is located. (C) Fees Required Stonnwater management control plan review, use of City -owned/ maintained stormwater control systems, inspections related to the initial approval of stormwater control systems, and annual inspections of stormwater control systems shall be subject to any and all relevant fees as adopted by City Council and prescribed in the City of Monroe Code of Ordinances and Fee Schedule. Plan review fees shall accompany the plans submitted for review, otherwise the plan submittal shall be determined incomplete and shall be returned to applicant. 159-205 APPROVALS (A) Effect of Approval Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. 0 18 0 (B) Time Limit/Expiration An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights. 159-206 APPEALS (A) Right of Appeal Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this Ordinance made by the Stormwater Administrator, may file an appeal to the Board of Adjustment within 30 days. (B) Filing of Appeal and Procedures The process and procedures for hearing appeals and variance requests, as • outlined by in Chapter 156, Zoning Code, shall apply to all requests For appeals or for a variance to any part of this Chapter.. The Stormwater Administrator shall transmit to the Board of Adjustment all documents constituting the record on which the decision appealed from was taken. C� The hearing conducted by the Board of Adjustment shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence. (C) Review by Superior Court Every decision of the Board of Adjustment shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the latter of the following: (1) 'rhe decision of the Board of Adjustment is filed; or (2) A written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the time of its hearing of the case. 19 SECTION 3: STANDARDS . 159-301 GENERAL STANDARDS All development and redevelopment to which this Ordinance applies shall comply with the standards of this section. 159-302 IMPERVIOUS SURFACE REQUIREMENTS (A) Setback Requirement All impervious surfaces, except for roads.. paths, and water dependent structures, shall be located at least 35 feet landward of all perennial and intermittent surface waters. Development approved in conjunction with a conditional zoning district or special use permit shall have an impervious surface setback of 50 feet landward of al perennial or intermittent surface waters. A perennial or intermittent surface water shall be deerned present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A • NCAC 213 .0233 (3)(a) or similar site -specific determination made using Division -approved methodology. (B) No new impervious or partially pervious surface in lloodplain For development activities, no new impervious or partially pervious surfaces, except for road crossings (public and private), paths, and water dependent structures, where no practical alternative exists shall be allowed within the f7oodplain. (C) Development in Critical Area of Water Supply Watersheds All development activities that are located within the area designated by the Environmental Management Commission as a Critical Area of a Water Supply Watershed shall be limited to a maximum impervious surface density of 36 percent. 159-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS Owners of property subject to this Ordinance and required to install structural stormwater control measures shall implement those measures in compliance with each of the following standards: (A) The measures shall control and treat runoff from the first inch of rain. Runoff volume drawdown time for wet detention ponds shall be a minimum of 48 hours, but not more than 120 hours. 20 • (I3) All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of_ 85% average annual removal for Total Suspended Solids (TSS); (C) General engineering design criteria for all projects shall be in accordance with 15A NCAC 21-1 .I 008(c), as explained in the Design Manual; (D) The measure shall discharge the storage volume at a rate equal or less than the pre -development discharge rate for the I -year, 24-h0ur storm. (I-) The approval of the stormwater permit shall require enforceable restrictions on property usage that runs with the land, including recorded deed restrictions and protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 159-305 STANDARDS FOR STORMWATER CONTROL MEASURES (A) Evaluation According to Contents of Design Manual A II stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BM Ps) required under this Ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The Stormwater Administrator shall determine whether proposed 13MPs will be adequate to meet the requirements of this Ordinance. (B) Determination of Adequacy; Presumptions and Alternatives Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this Ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this Ordinance. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made. (C) Separation from Seasonal High Water Table For 13MPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. • 21 159-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS . The City of Monroe may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this Ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Decision to accept dedication shall be based on formal action of the Monroe City Council at their sole discretion. 159-307 VARIANCES (A) Any person may petition the City of Monroe for a variance granting permission to use the person's land in a manner otherwise prohibited by this Ordinance. To qualify for a variance, the petitioner must show all of the following: (1) Unnecessary hardships would result from strict application of this Ordinance. (2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. (3) The hardships did not result from actions taken by the petitioner. (4) The requested variance is consistent with the spirit, purpose, and intent of this Ordinance; will secure public safety and welfare; and will preserve substantial justice. • (B) The City of Monroe may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (C) Statutory exceptions Notwithstanding subdivision (A) of this section, exceptions from the 35-1o0t landward location of built -upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances: (1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. (2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of . BMPs. 22 e(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. 159-308 ADDITIONAL WATER QUANTITY CONTROL STANDARDS (A) Applicability This section applies to the following type developments or redevelopments: All non-residential sites containing new development and/or redevelopment including road construction, grading, paving, gravel placement, and construction of buildings and other structures, which include the creation of20,000 square feet or more ofnew impervious area, within the corporate limits and the extraterritorial jurisdiction ol'the City of Monroe. Impervious areas in existence prior to the effective date of this Ordinance shall not be included in the computation of impervious area; and All new residential development and/or redevelopment meeting the following requirements: (1) Exceeds I dwelling units per acre; (2) Provides for private or public street/driveway construction for access to multiple lots; (3) Requires engineered slormwater control structures as outlined by this Ordinance. Properties that directly abut regulated floodways as designated by the Federal Ernergency Management Agency shall be considered exempt from requirements of this Section. (B) General Requirements (1) The engineer or landscape architect of record shall conduct hydrologic and hydraulic engineering studies for the site for both pre -development and post - development conditions. The engineer or landscape architect of -record shall provide a certification that the development or redevelopment will not cause increased off -site flooding, drainage, or erosion problems 0 23 (2) Where it is determined that the development of the site does increase the peak discharge rate, stormwater quantity control improvements must be implemented. The stormwater quantity control improvements must limit the two- year and ten-year post -development peak discharge rates to pre -development peak discharge rates, to minimize flooding, drainage, and erosion problems. These improvements may consist of nonstructural approaches such as natural swales, depressions in the land and other natural approaches, or structural approaches such as detention structures (wet and dry basins), extended detention facilities and alternative best management practices (BMPs) with provisions for stormwater quantity control. A combination of nonstructural and structural approaches is encouraged. (3) For stormwater management improvements proposed to achieve compliance with quantity control requirements of this section, a hydrologic -hydraulic analysis of the site drainage system in the pre -development condition and the post -development condition shall be performed. The analysis should be included with the stormwater management plan and should demonstrate that the quantity control requirements stated in this section will be achieved by the proposed improvements. These improvements shall be subject to review and approval by the Stormwater Administrator. (4) If site characteristics indicate that complying with the minimum stormwater management requirements of this section will not provide adequate engineering designs or protection for local residents, and downstream property, it shall be the • site designer's responsibility to exceed the minimum requirements as necessary. SECTION 4: MAINTENANCE 159-401 GENERAL STANDARDS FOR MAINTENANCE (A) Function of BMPs As Intended The owner of each structural BMP installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed. (B) Annual Maintenance Inspection and Report The person responsible for maintenance of any structural BMP installed pursuant to this Ordinance shall submit to the Stormwater Administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following: . (1) The name and address of the land owner; 24 (2) The recorded book and page number of the lot of each structural BMP; (3) A statement that an inspection was made of all structural HAVs; (4) The date the inspection was made; (5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions ofthe approved maintenance agreement required by this Ordinance; (6) The original signature and seal of the engineer, surveyor, or landscape architect; and (7) A financial statement documenting the available funding established in the escrow account for operation and maintenance of the stormwater control and management facilities. All inspection reports shall be on forms supplied by the Storrnwater Administrator. An original inspection report shall be provided to the Storrnwater Administrator beginning one year from the date of as -built certification and each year thereafter on or before the date of the as -built certification. 159-402 OPERATION AND MAINTENANCE AGREEMENT • (A) In General Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this Ordinance, and prior to issuance of any permit for development or redevelopinent_requiring a structural BMP pursuant to this Ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BM1'. Until the transference of all property, sites, or lots served by the structural BUP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, ancf shall state the terms, conditions, and schedule of maintenance for the structural BMP. lit addition, it shall grant to the City of Monroe a right of entry in the event that the Storrnwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself; confer an obligation on the City of Monroe to assume responsibility for the structural BMP. The operation and maintenance agreement must be approved by the Storrnwater Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval by the City of Monroe. • 25 (B) Special Requirement for Homeowners' and Other Associations is For all structural BMI's required pursuant to this Ordinance and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions. (1) Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. (2) Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the City of Monroe, in its sole discretion, may remedy the situation, and in such instances the City of Monroe shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, upon written notification to the City of Monroe. (3) Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial • construction cost of the structural BMPs. 'rwo-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget. (4) The percent of developer contribution and lengths of time to fund the escrow account may be varied upon approval by the Monroe City Council based upon good cause shown. (5) Granting to the City of Monroe a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. (6) Allowing the City of Monroe to recover from the association and its members any and all costs the City of Monroe expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the City of Monroe all of its expended costs, after forty- five days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City of Monroe shall thereafter be entitled to bring an action against the association and its members to pay, or • foreclose upon the lien hereby authorized by the agreement against the 26 property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. (7) A statement that this agreement shall not obligate the City of Monroe to maintain or repair any structural BMPs, and the City of Monroe shall not be liable to any person for the condition or operation of structural BMI's. (8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City of Monroe to enforce any of its Ordinances as authorized by law. (9) A provision indemnifying and holding harmless the City of Monroe for any costs and injuries arising from or related to the structural BMP, unless the City of Monroe has agreed in writing to assume the maintenance responsibility for the 13MP and has accepted dedication of any and all rights necessary to carry out that maintenance. (10) A provision that a financial statement shall be provided and included as part ofthe annual inspection report documenting the available finding established in the escrow account for operation and maintenance of the stormwater control and management facilities. 159-403 INSPECTION PROGRAM • Inspections and inspection programs by City of Monroe may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of 13MPs. If the owner or occupant of any property refi►ses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. 159-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE (A) May Be Required The City of Monroe may, at its discretion, require the submittal of performance security or bond with surety, cash escrow, letter of'credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural 13M1's are: . (1) Installed by the permit holder as required by the approved stormwater management plan; and/or 27 (2) Maintained by the owner as required by the operation and maintenance . agreement. (B) Amount (1) Installation The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 10%. (2) Maintenance The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of' borrowing, minus a reasonable estimate of long-term inflation. (C) Uses of Performance Security (1) Forfeiture Provisions The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or • maintain any actions which may be required of the applicant or owner in accordance with this Ordinance, approvals issued pursuant to this Ordinance, or an operation and maintenance agreement established pursuant to this Ordinance. (2) Default Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the City of Monroe shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. (3) Costs in Excess of Performance Security If the City of Monroe takes action upon such failure by the applicant or owner, the City of Monroe may collect from the applicant or owner_the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages e due. 28 0 (4) Refund • Within sixty days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 10%) of landscaping installation and ongoing maintenance associated with, the BMPs covered by the security. Any such landscaping shall be inspected one ( I ) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. 159-405 NOTICE TO OWNERS (A) Deed Recordation and Indications On Plat The applicable operations and maintenance agreement or dedication and acceptance into public maintenance pertaining to every structural I MP shall be referenced on the final plat and shall be recorded with the county Register of' Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement or dedication and acceptance into public maintenance shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (B) Signage Where appropriate, to assure compliance with this Ordinance, structural BMPs shall be posted with a conspicuous sign staling who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. 159-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES The owner of each structural BA4P shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator. 159-407 NUISANCE The owner of each stormwaler BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition. It SECTION 5: ENFORCEMENT AND VIOLATIONS 159-501 (A) (B) (C) (D) GENERAL Authority to Enforce The provisions of this Ordinance shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of City of Monroe. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of City of Monroe. Violation Unlawful Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this Ordinance, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this Ordinance, is unlawful and shall constitute a violation of this Ordinance. Each Day a Separate Offense Each day that a violation continues shall constitute a separate and distinct violation or offense. Responsible Persons/Entities Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this Ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this Ordinance, or fails to take appropriate action, so that a violation of this Ordinance results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For the purposes of this article, responsible person(s) shall include but not be limited to: Person Maintaining Condition Resulting In or Constituting Violation An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this Ordinance, or fails to take appropriate action, so that a violation of this Ordinance results or persists. (2) Responsibility For Land or Use of Land The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or 0 • • 30 practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. 159-502 REMEDIES AND PENALTIES The remedies and penalties provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. (A) Remedies (1) Withholding of Certificate of Occupancy The Stormwater Administrator or other authorized agent may refuse to issue a ecrtif icate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. (2) Disapproval of Subsequent Permits and Development Approvals As long as a violation of this Ordinance continues and remains uncorrected, the Stormwater Administrator or other issuing authority may withhold, and may disapprove, any request for permit or development approval or authorization requested for the land on which the violation occurs. (3) Injunction, Abatements, etc. The Stormwater Administrator, with the written authorization of the City Council, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this Ordinance. Any person violating this Ordinance shall be subject to the filll range ofequitable remedies provided in the General Statutes or at common law. (4) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the City Council, may cause the violation to be corrected and the costs to be assessed as a lien against the property. (5) Stop Work Order The Stormwater Administrator may issue a stop work order to the person(s) violating this Ordinance. The stop. work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop 31 159-503 (B) W (A) (B) (C) work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. 0 Civil Penalties Violation of this Ordinance may subject the violator to a civil penalty ( § 10.99 General Penalty) to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which the City of Monroe is subject for violations of its National Pollutant Discharge Elimination Systern (NPDES) Permit. Criminal Penalties 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 not less than $50.00 nor more than $500.00 dollars per violation per day and/or imprisonment for a period of tirne not to exceed 20 days. The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. PROCEDURES Initiation/Complaint Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the complaint. Tile complaint shall be investigated promptly by the Stormwater Administrator. Inspection The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this Ordinance. Notice of Violation and Order to Correct When the Stormwater Administrator rinds that any building, structure, or land is in violation of this Ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other responsible persons/entities violating this Ordinance. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. 32 0 The Stormwater Administrator may deliver the notice of violation and correction order personally, by the Monroe Police Department, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Mule 4 of the North Carolina Rules of'Civil Procedure. Ifa violation is not corrected within a reasonable period of time, as provided in . the notification, the Stornwater Administrator may take appropriate action under this Ordinance to correct and abate the violation and to ensure compliance with this Ordinance. (D) Extension of Time A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the Stormwater Administrator a written request for an extension of time for correction of the violation. On determining; that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 30 days. The Stormwater Administrator may grant 30 -day extensions in addition to the foregoing; extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this Ordinance. The Stormwater Administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order. (E} Enforcement After Time to Correct After the time has expired to correct a violation, including any extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this Ordinance. (F} Emergency Enforcement If delay in correcting; a violation would seriously threaten the effective enforcement of this Ordinance or pose an immediate danger to the public health, safety, or welfare, then the Stormwater Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate cnlorcement, without prior written notice, through any remedy or penalty authorized by this article. 33 SECTION 6: DEFINITIONS 159-601 TERMS DEFINED When used in this Ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this Ordinance specifically indicate otherwise - Built -upon area (BUA) That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Department The North Carolina Department of Environment and Natural Resources. 9 Design Manual The stormwater design manual approved for use in Phase I1 jurisdictions by the North Carolina Department of Environment and Natural Resources for the proper implementation of the requirements of the Federal Phase tl stormwater program. All references herein to the Design Manual are to the latest published edition or revision. The Design Manual is not part of the City of Monroe Standard Specifications and Detail e Manual. Development Any land -disturbing activity that increases the amount of built -upon area or that otherwise decreases the infiltration of precipitation into the soil. Division The Division of Water Quality in the Department. Floodplain The one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Division of Emergency Management. Larger common plan of development or sale Any area where multiple separate and distinct construction or land -disturbing activities Will occur under one plan. A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. ]-year, 24-hour storm The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours. 34 • Owner The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having; legal power of management and control of the property. "Owner" shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management . of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity. Redevelopment Any development on previously -developed land, other than a rebuilding activity that results in no net increase in built -upon area and provides equal or greater stormwater control than the previous development. Structural BMP A physical device designed to trap, settle out, or filter pollutants from stornnvater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre -development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is synonymous with "structural practice," "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this Ordinance. Substantial progress For the purposes of'determining whether sufficient progress has been made on an approved plan, one or more of the i'ollowing construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on -site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law. • 35 SECTION 7: ILLICIT DISCHARGES • 159-701 ILLICIT DISCHARGES AND CONNECTIONS (A) Illicit Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality: (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows; (4) Rising ground waters; (5) Uncontaminated ground water infiltration (as defined at 40 CPR 35.2005(20)); (6) Uncontaminated pumped ground water; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); ( 11) Springs; (12) Water from crawl space pumps; (13) Footing drains; (14) Lawn watering; (15) Individual residential and charity car washing; (16) Flows from riparian habitats and wetlands; (17) Dechlorinated swimming pool discharges; (18) Street wash water; (19) Flows From emergency fire fighting; and 36 (20) Other non-stormwater discharges for which a valid NPDF-S discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the City of Monroe E-Engineering Department. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints, garbage,`hnd litter. (B) Illicit Connections (1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (A) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other Ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this Ordinance. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. S(3) Where it is determined that said connection: a. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat; or b. Was made in violation of any applicable regulation or Ordinance, other than this section. The Stormwater Administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator shall take into consideration: The quantity and complexity of the work; 2. The consequences of delay; 3. The potential harm to the environment, to the public health, and to public and private property; and 4. The cost of remedying the damage. • 37 (C) Suspension of MS4 Access • Suspension due to Illicit Discharges in Emergency Situations The City of Monroe 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 authorized enforcement agency 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. Suspension due to the Detection of Illicit Discharge 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 authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency 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 authorized enforcement agency. (D) Industrial or Construction Activity Discharges Any person subject to an industrial or construction activity NPDES storm water 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 Monroe prior to the allowing of discharges to the MS4. (E) 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, 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. (F) Spills Spills or leaks of polluting substances released, discharged to, or having the potential to released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition. 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 water of the U.S. said person shall take all necessary steps to ensure the 38 • 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 authorized enforcement agency 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 Monroe within three 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 three years. Notification shall not relieve any person of'any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. (G) Nuisance Illicit discharges and illicit connections which exist within the City of Monroe corporate limits are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 39 0 SANITARY SEWERS AND CONNECTIONS § 52.010 REQUIRED SEWERS AND CONNECTIONS. (A) Any person owning a building which is used for habitation or occupancy within the corporate limits, which is accessible to a public sanitary sewer main, shall connect to the public sewer main, except when the existing building is already connected to a septic tank which is. functioning without the need for repair in accordance with the requirements of the county health department. For the purpose of this section, accessible is defined as follows: (1) The public sewer main is either on the lot or abutting any portion of the lot within a public right-of-way; and (2) The closest distance of the public sewer main to any portion of the building is 200 feet or less. (B) A sewer connection for service to a building shall be made by the POTW, or as authorized by the POTW Director, at the expense of the owner/user. The extension, repair, or replacement of the building sewer from the sewer connection to the building shall be made under an approved building code permit in accordance with all applicable codes and at the expense of the owner or user. The maximum allowable infiltration for a building sewer is 100 gallons per day/inch-diameter/mile. The POTW may require repairs or replacement of an existing building sewer in order to meet the same infiltration allowance requirements as specified for new building 40 sewers and connections. (C) Where no sanitary sewer main is accessible, a property owner or developer may propose the extension of new sewer mains to serve property which would then be connected to the existing POTW. Such extensions of public mains shall be provided in accordance with the city Water and Sewer Extension Policy as adopted by the City Council and shall meet the applicable technical requirements of Title 15A: 0214 .0200 of the North Carolina Administrative Code, City of Monroe Sanitary Sewer Design Standards, and City of Monroe Standard Specifications for Sanitary Sewers. (D) Where no sanitary sewer main is accessible, a septic tank may be installed, after obtaining all applicable permits. Septic tank installation shall be in accordance with the standards and requirements of the State Department of Health, applicable county health regulations, and all building and plumbing codes. (E) Separate and independent sewer connections shall be provided for every building with the below exceptions: (1) Where one building stands at the rear of another on the same land parcel, and no reasonable access to a sewer main is available to the rear building except under the front building, the building sewer from the front building may be extended to the rear building and be considered as one building sewer to one sewer connection so long as all applicable codes are met, and with the prior approval of the POTW Director. (2) Multiple buildings under single ownership on a single property may be connected to a private sewer main to which individual building sewers are connected when approved by the POTW Director in accordance with the city's Water and Sewer Extension Policy, provided that all permits required by the N.C. Department of Environment and Natural Resources are obtained and complied with. Separate buildings on separate properties found to be connected to the same service connection may at the discretion of the POTW Director be ordered to install separate building connections at the owner's expense. (F) An old sewer connection or building sewer may be used to serve a new building only when found on examination and test by the POTW to meet all requirements of this chapter. (G) Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer connection, domestic sewage carried by such building drain shall be lifted by an approved means and discharged to the sewer connection at the expense of the owner/user. (H) The city must review and approve all sewer connections from a new building or expansion or modification of an existing building to the sanitary sewer main, regardless of origin, if the wastewater is to be treated by the city's POTW, except residential connections to other governmental agencies' existing sewerage collection systems. All sewers and connections approved by the city shall be properly designed and constructed in accordance with such guidelines as published by the Environmental Protection Agency (reference 40 CFR, section 35.92704 or as revised). (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-1997-38, passed 9- 1697; Am. Ord. 0-2001-05, passed 1-16-01; Am. Ord. 0-2008-11, passed 3-18-08) �J COMPREHENSIVE STORM WATER MANAGEMENT PROGRAM REPORT THE CITY OF MONROE ENGINEERING DEPARTMENT MONROE, NORTH CAROLINA Copy Jim LINn Kelly ' � RESOLUTION NPDES PHASE II STORMWATER PERMIT APPLICATION R-2004-18 WHEREAS, the City of Monroe was notified by the North Carolina Division of Water Quality through correspondence dated November 6, 2002 of our designation as a Phase 11 Stormwater Community based of the 2000 Census figures; and, WHEREAS, the City of Monroe is within a census designated urbanized area based on a population greater then 10,000 and a population density of at least 1,000 people per square mile; and, WHEREAS, as a regulated community the City of Monroe is required to develop a Stormwater Management flan and apply for a NPDES Phase 11 Stormwater Permit by May 6, 2004; and, WHEREAS, at a minimum, the Stormwater Management Plan and permit application must address the following six minimum measures: • Public education and outreach; • Public participation and involvement; • Illicit discharge and elimination; • Construction site runoff control; • Post -construction runoff control; • Pollution prevention/Good housekeeping; and, WI-IEREAS, the City of Monroe Engineering Department has prepared the NPI)ES Phase 1I Stormwater Permit Application and the Comprehensive Stormwater Management Program Report to address the minimum measures; and, WHEREAS, updates were provided on September 16, 2003 and January 20, 2004 with the Water Resources Committee recommending approval of the permit application at their meeting on March 16, 2004, with approval also being recommended by Staff. NOW, THEREFORE BE, AND IT IS RESOLVED THAT the Mayor hereby is authorized and empowered by the Monroe City Council to execute the NPDES Phase II Stormwater Permit Application and the Engineering Department is authorized to submit the application along with the Comprehensive Stormwater Management Program Report to the North Carolina Division of Water Quality for review and approval. Adopted the 5"' day of April, O Attest: U q TJudy L. Davis, Mayor /Y1, �`4E Jeanne M. Deese, City Clem R-2004-18 Ct State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd 0S 0 - . a> Fee Paid Gl Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to,Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity City of Monroe Seeking Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, town, county, prison, school, City etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Union f. Jurisdictional Area (square 29.25 miles g. Population Permanent 29,000 Seasonal (if available) h. Ten-year Growth Rate 3.5% i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 29 b. River Basin(s) Yadkin - Pee Dee c. Number of Primary Receiving Streams 2 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 40 • Commercial 35 % • Industrial 10 % • Open Space 15 % Total = 100% e. Are there significant water quality issues listed in the attached application report? ® Yes ❑ No Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with Yes ❑ No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑Yes ❑ No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ❑ Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature �f Name 3 y L. Davis Title Mayor Street Address 300 West Crowell Street PO Box 69 City Monroe State North Carolina Zip 28111 Telephone (704) 282-4500 Fax (704)283-9098 E-Mail jdavis@monroenc.org VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Don Kelly, P.E. , b. Title Stormwater & Land Development Engineer c. Street Address 300 West Crowell Street d. PO Box 69 e. City Monroe f. State North Carolina g. Zip 28111 h. Telephone Number (704) 282-5795 i. Fax Number 1 (704) 282-4735 j. E-Mail Address I dkelly@monroenc.org Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application 1" IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste Management Program b. UIC program under SDWA c. NPDES Wastewater Discharge NC 0024333 Permit Number d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs Page 4 5WU-264-103102 NPDES RPE Stormwater Permit Application 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative S. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 SWU-264-103102 City of Monroe, North Carolina Comprehensive Stormwater Management Program Report Prepared By: ' The City of Monroe Engineering Department I April 5, 2004 e ! Table of Contents Page StormI. Storm Sewer System Information............................................................. . 4 ' 1.1 Population Served...............:.................................................................................... 4 1.2 Growth Rate ...................................................................................................... 4 1.3 Jurisdictional and MS4 Service Area.............................................................................. 4 1.4 MS4 Conveyance System ...............................................:.... 4 . t 1.5 Land Use Composition Elemaents .. . ..................................... 4 1.6 Estimate Methodology ..................... 2. 1.7 TMDL Identification........................................................................:.........................4 Receiving Streams ........................................................................................................... 5, 3. 1 Existing Water Quality Programs............................................................... :......................... 6 3.1 Local Programs....................................:...................................................................6 4.- 3.2 State Programs.................................................................................. Permitting Information ........... ........................................ ....................: ................... ............ 6 7 4. i Responsible Party Contact List 7 4.2 Organizational Chart . . 9 ................................................................................... 4.3 Signing Official.......:...................:.....................................:..................... 10 5. Co -Permitting Information................................................................................................ 10 6. Reliance on Other Government Entity to Satisfy One or More.Pernut Obligations ......................... 10 i i 7, Stormwater Program Management Plan ................... 7.1 Public Education and Outreach on Storm Water Impacts...........................I.......................... „ 7.1.1 BMP Summary Table . ... .• . ................................................................................ 10 10 7.1.2 Target Audience ...... :.... .......... ........................................................................ 10 7.1.3 Target Pollutant Sources...................:...........................•.................................. 10 7.1.4 Outreach Program 11 ' 7.1.5 Decision Process . . ................................................................................... 11 7.1.6 Evaluation....................:...................................................I.......................... I I ' 7.2 Public Involvement and Outreach ........... .... 7.2.1 BMP Summary Table...................................................................................... 11 11 7.2.2 Target Audience............................................................................................ 11 7.2.3 Participation Program...................................................................................... 11 7.2.5 Decision Process 11 7.2.5 Evaluation . ............................................................................................ 12 7.3 1 licit Discharge Detection and Elimination....................................................................... 12 1 7.3.1 BMP Sur mary Table .............:. .... 7.3.2 . Storm Sewer System Map............................................................................. 12 12 7.3.3 Regulatory Mechanism..................................................................... • • • ............ 12 7.3.4 Enforcement........................................................ ....................................... 1 12 ' l 7.3.5 Detection and Elimination 7.3.5.1 Procedures for Locating Priority Areas ...................................................... 7.3.5.2 Procedures for Removing the Source of the Illicit Connection ........................... 12 13 2 7.3.5.3 Procedures for Evaluation of Illicit Connection and Discharge Component ............ 13 7.3.6 7.3.8 Non Stormwater Discharges ............ Outreach .................................................................................................... 13 14 7.3.9 Decision Process............................................................................................ 14 7.3.10 Evaluation ................ 7.4 Construction Site Stormwater Runoff Control . 14 7.4.1 .... ... .. .. .. ............ ...... .. ..... .......... ....... BMP Summary Table . . 14 7.4.2 Regulatory Mechanism.................................................................................... 14 7.4.3 7.4.4 Plan Reviews .................................. ... ....... Enforcement................................................................................................. 14 14 7.4.5 Inspections................................................................................................... 15 7.4.6 Public Information.......................................................................................... 15 7.4.7 Decision Process................................................................... 15 7.4.8 Evaluation . ......................... 15 7.5 Post -Development Stormwater Management in New Development and Redevelopment .................. 15 ' - 7.5.7 7.5.8 BMP Summary Table ................................... : Non -Structural BMP's . .................................................. 15 16 7.5.9 Structural BMP's........................................................................................... 16 7.5.10 Regulatory Mechanism.................................................................................... 1 6 7.5.11 Operation and Maintenance lb� ' 7.5.12 ................................................................................. Decision Process . . lb 7.5.13 Evaluation ...................... ............................................................................. 17 ' 7.6 Pollution Prevention / Good Housekeeping for Municipal Operations ......................................... 7.6.1 BMP Summary Table.....................................................................I............... 17 17 7.6.2 Affected Operations ................... ' I' 7.6.3 7.6.4 Training...................................................................................................... Maintenance and Inspections . 17 17 � 7.6.5 Vehicular Operations . .................................................................'................... 18 7.6.6 , Waste Disposal ........................... :............................................ ....................... 18 7.6.7 7.6.8 "Flood Management Projects.............................................................................. Existing Ordinances . 1$ 18 7.6.9 Decision Process........................................................................................... 18 7.6.10 Evaluation.................................................................................................1., 18 1 Appendix A —BMP Summary Table....................................................................................... 19 ' Appendix B — Watershed Management Ordinance....................................................................... 24 Appendix C — Sanitary Sewer Connections................................................................................ 25 " `' 3 City of Monroe 1 Stormwater Management Program Report 1. Storm Sewer System Information 1.1 Population Served Permanent Population: 29,490 ' Seasonal: 0 Basis of Information: NC Office of Budget, Planning, and Management . ' 1.2 Growth Rate. 3.5% Annual 1.3 Jurisdictional and MS4 Service Areas ' Municipal: 29.25 square miles Extraterritorial Jurisdiction: 10.5 square miles 1.4 MS4 Conveyance System: The City of Monroe Stormwater System consists of a combination of piping; ditches, and sheet flow. Within the City of Monroe are located two water supply !� watersheds feeding two lakes --- Lake Lee, classified as a WS-N watershed, and Lake Twitty, classified as a WS-III watershed. The City of Monroe's Watershed Ordinance requires structural BMP's on development sites to control the stormwater discharge quality leaving the site. There is currently no ordinance regulating the quantity of runoff that can be discharged from a given site. 1.5 Land Use Composition Estimates: 1 Residential: 40%, Commercial: 35% Industrial- 10% Open Space: 15% 1.6 Estimate Methodology: Land use estimates were analyzed using the City of Monroe's Geographic Information System utilizing the City's Zoning Map. 1.7 TMDL Identification: No TMDL allocation presently exists for any streams within the City of Monroe. 1 4 .. I I '-1A-D 10V 2. Receiving Streams Primary Streams Table 1. Yadkin River Basin 03-C - � C? 3 - ca 03-0y-- 3S Receiving Stream Name Stream Segment Water Quality Classification * Use Support Rating, Water Quality Issues Richardson Creek 13-17736-(3.5) WS-N CA NR Richardson Creek' • 13-17-36-(5). C I Nutrients Low DO' Fecal Coliform Stewarts Creek 13-17-36-9-(1) WS-III ND Stewarts Creek 13-17-36-9-(4.5) WS-III CA ND Bearskin Creek 13-17-36-6 C ND Horsepen Branch 13-17-36-6-1 C ND Camp Branch 13-17-36-6-2 C ND Dry Fork 13-17-36-6-3. C ND East Fork 13-17-36-9-2 WS-III ND, Lick Branch 13-17-36-9-3 WS-III ND Stumplick Branch 13-17-36-9-4 WS-III ND, * NR = Not Rated * ND = Not Determined * I = impaired I 3. Existing Water Quality Programs 3.1 Local Programs ' 3.1(a) Water Supply Watershed Protection The City of Monroe administers a Watershed Protection Ordinance for the watersheds serving ' Lame Twitty and Lake Lee. The ordinance requires a BMP for each individual commercial site contained within either watershed based upon the percentage of built upon area. Zoning requirements also require buffers along designated streams to help retain stream water quality along developing. sites. 3.1(b) Erosion and Sedimentation Control Program ■ The City of Monroe was delegated the responsibility of administering its own Erosion and Sedimentation Control Program in June 2002. The policy parallels ' the State of North Carolina requirements with some modifications which include a.maximum of 12,000 s.f. of disturbed area without a grading permit. The City of Monroe enforces the program through an inspection and plan review process, as well as issuing fines and citations for violations. 3.1(c) Stormwater System Repair Program f The City of Monroe offers private citizens the opportunity to correct or repair problem areas on. private property due to public runoff. The City provides the necessary labor and equipment, while the citizen is responsible for providing the repair materials. 1 3.2 State Programs 3.2(a) Best Management Practices y Best ' management practices required for watershed related sites follow the requirements of the N.C. Department of Environment and Natural Resources, Division of Water Quality, Water .Quality Section. �1 3.2(b) Clean Water Act of 1977 The City of Monroe, in accordance with the Clean Water Act of 1977, requires Section 401 permits for various activities related to stream and wetland water. quality. 11 ii � iiilli �■i vi�i 4. Permitting Information 4.1 Responsible Party Contact List � i � i� �: a _ illlllll• i� � � i� � BW and Measurable Goals Contact Position Phone # Fax. # Email Address Person Public Education and Outreach 1 Draft articles for City Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkell a monrocnc.or newsletter 2 Distribute brochures to Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkelly0monroenc.org on s and citizens 3 Update City website with Deanna O'Neill Eng. Tech. (704) 282-4539 (704) 282-4735 doneiMmonroenc.org information Public Involvement and Participation 1 Public hearing for Phase 11 Jim Loyd Director of Engineerin (764) 282-4529 (704) 282-4735 'lo d monroenc.or Application Illicit D isch arge an d Elimination 1 Train and coordinate with Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkellynmonroeuc.org other. departments to report illicit connections f 2 Prepare and distribute Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkellynmonroenc.org brochures to the public educating them on illicit connections 3 Provide for public - Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkellyt@_monroenc.or� involvement to report illicit connections 4 Identify person to follow-up Lamar Davis Engineer (704) 282-4537 (704) 282-4735 IdavisOnionroenc.org on reports Construction Site Storm water Runoff Control 1 Sites will comply with City of Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkelly@moiuoeuc.org Monroe Erosion Control Ord'uiance Oot Post Construction Stormwater + Management in New Development and Redevelopment I New sites will abide by the Don Kelly * Engineer (704) 282-5795 (704) 282-4735 dkell a monroeuc.org City of Monroe Watershed Ordinance and 15A NCAC 21-i.1000 * To be assigned at a later date to Plan Review En 'neer ; Present position vacant Pollution Prevention / Good Housekeeping for Municipal Operations 1 Develop pollution prevention Don Kelly Engineer (704) 282-5795 (704) 282-4735 d_kelly a monroenc.orr! training materials for public facilitie 2 Provide training for- those employee Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkellyna nionroenc.org who maintain the public facilities on proper disposal procedures and inspection of public facilities 3 Evaluate spill response program and Don Kelly Engineer (704) 282-5795 (704) 282-4735 dkelly@monroenc.org determine effectiveness on minimizing impacts on stormwater uali ■� iiii ii� o � � � � � � � r it it r� r rr r r 4.2 Organizational Chart': Engineering Director Stormwa[ r & Lad Ea&Civil Jim Loyd LK Engineer 1 Don Kelly Lamar Davis 4Valer Rcsogrcpspl«ram Rus Colbath Engineering Tech. 11 Deanna O,Neill Planning & Development Directo Wayne Herron Human jjeggg�r D'r� cctnr Vacant. ar s & ec t'o irec o Mike Coumtey ' r ie i Ron Fowler tandaob [BuildingS Harvell Police Chief Bobby Haulk lnfarmation Seryiccg Director John Jones Energy Services Director Don Mitchell Economic Development irec o Chris Plate' Finance Director Sonia Vizcaino Public InforMation LaVondra Edwards 4.3 Signing Official Ranking Elected Official: Mayor Name : Judy Davis The City Charter of the City of Monroe designates the Mayor as the official head of the City government.' 5.0 Co -Permitting Information (if applicable) N/A 6.0 Reliance on Other Government Entity to Satisfy One or More -Permit Obligations None 7.0 Stormwater Management Program Plan 7.1 Public Education and Outreach on Storm Water Impacts 7.1.1 BMP Summary Table (See Appendix A For Further Information) 1.) Draft articles for monthly newsletter 2.) Distribute brochures to groups and citizens 3.) Update City website with information T 1.2 Target Audience: The target audience for this measure will be the general public ranging from homeowners -to students to business owners. The Spanish-speaking and other non-English speaking communities will be included as well. 7.1.3 Target Pollutant Sources: 1. Oils and Greases: Petroleum products can suffocate living organisms and cause harmful secondary chemical compounds, as well as clog sewer lines and harm equipment. 2. Trash: Trash can clog sewer lines and cause hazardous water blockages. 3. Sediment: Sediment can clog storm pipes and suffocate wildlife.in the creeks and streams by invading the gills of fish and destroying habitat areas. 10 1 ' 4. Herbicides/Pesticides: Specific chemicals are toxic to different species of wildlife and plant life.. Runoff into the storm system can ' carry these chemicals into the streams and creeks. 7.1.4 Outreach Program: Information concerning public education will be distributed via the City's newsletter, by word-of-mouth, fliers, brochures and the City's website. The number of citizens reached by these methods is expected to be in the order of 15,000 people. ' 7.1.5 Decision Process: The rationale for utilizing a public education program is to provide a method of distributing information and informing the public of the potential of polluting the creeks and streams if certain activities are allowed to continue and if certain other activities are not done. informing through the use of fliers, brochures, City web site, and word-of-mouth will give an indication as to the ' amount of people reached. The Public Information Officer will be the in the distribution information. resource preparation and of the 7.1.6 Evaluation: A count of the number of mailings versus the number of responses will provide a measure of the effectiveness of the program. 7.2 Public Involvement and Outreach .7.2.1 BMP Summary Table t1.) Public Hearing for Phase U Application ' 7.2.2. Target Audience: The general public will be the target audience. Civic -groups will be encouraged to participate, as well as any other concerned citizens group. ■ 7.2.3 Participation Program: A public hearing will be held by the City Council to allow the general public to comment on the Stormwater ' Permit Application and the associated program. Civic group members will be encouraged to volunteer to participate in the public education process. They will also be encouraged to provide stream policing activities. 7.2.4 Decision Process: Public hearings will permit individual citizens to comment and have input in the policy formulations and to address particular concerns with how well the program is progressing. The public hearing will also aid the City Council members in gauging how the public perceives the program. i 11 1 . I 7.2.5 Evaluation: The response received from the public hearing will gauge the effectiveness of the measure. 7.3 Illicit Discharge Detection and Elimination 7.3.1 BMP Summary Table 1.) Train and coordinate with other departments to report illicit connections. 2.) Prepare and distribute brochures to the public educating them on illicit connections. 3.) Provide for public involvement to report illicit connections. 4.) Identify person. to follow-up on reports. 7.3.2 Storm Server System Map: The City of Monroe currently has maps. ' depicting the location of storm sewer system pipes and appurtenances in a GIS format. The maps also indicate creek and stream names. As new systems are added or existing ones are found, the map will be updated utilizing the GPS surveying system. 7.3.3 Regulatory Mechanism: The City of Monroe will develop modifications to the existing ordinance addressing cross connections and discharges into the stormwater system. A method of identifying and locating the sources will also be developed. 7 4 Enforcement: ordinance will make it a .3. E The cross -connection violation to have, or cause to have, an illegal connection to a stormwater system for purposes of discharging anything other than stormwater runoff into the system. The language will contain, as a minimum that a notification will be issued to the owner outlining the ' procedures for remediation and consequences for non-compliance. 7.3.5 Detection and Elimination: The illicit connection program will be designed to detect illegal connections through the use of existing City personnel and civic programs to encourage public involvement. Inspections and evaluations will be conducted during'dry weather periods when illegal flows will be most obvious. 7.3.5.1 Procedures for Locating Priority Areas: Those areas where parcels are not yet connected to public sewer and depend upon septic systems will be examined on maps. Inspection of older existing sanitary sewer lines by the Water Resources Department will help identify those areas where a potential for cross contamination could occur. The public at large will be provided the ability to report illicit ' connections. Employees will be trained in the use of detection methods. R �1 12 7.3.5.2 Procedures for Removing the Source of the Illicit Discharge: An ordinance giving the City the authority to remove illegal connections and discharges and procedures for doing so will be developed_ City employees will be given the authority to enter upon private property for purposes of inspection and empowered to issue fines and -citations. 7.3.5.3 Procedures for Evaluation of Illicit Connection and Discharge Component: An annual review of the illicit connection detection program by City staff will gauge its effectiveness. The effectiveness will be measured by comparing the quality, and in some cases quantity, of flow before and after the corrections are.made. 7.3.6 Non Stormwater Discharges: .Activity Allowed Not Allowed Water Line Flushing X Landscape Irrigation X Diverted Stream Flows X Rising Ground Water X * Uncontaminated Ground Water Infiltration X Discharges from Potable Water Sour X Foundation Drains X Air Conditioning Condensation X Irrigation Water X Springs X Water from Crawlspace Pumps X Footing Drains X Lawn Watering X Individual Residential Car Washini X Flows from Riparian Habitats & Wetlands X Dechlorinated Swimming Pool Discharges X Street Wash Water X . * As defined at 40 CFR §35.2005(20) 13 I 7.3.7 No known occasional incidental non-stormwater discharges detrimental to the quality of the stormwater are identified at this time. 7.3.8 Outreach: The public will be notified through the Public Education and Outreach Program about the hazards and potential effects of illegal connections. Internal training programs for City employees will be presented via the Pollution Prevention / Good Housekeeping Program. 7.3.9 Decision Process: The program for illicit connection detection was initiated as a response to better management of both legal and illegal discharges into the stormwater system. Utilization of City personnel familiar with the City's sewer system was seen as an asset, while allowing the public to become involved provides additional policing. 7.3.10 Evaluation: Measurement of the success of this program will be ' defined by -the quality and quantity of the stormwater at the outfalls. A secondary measurement will be the amount of illicit connections discovered and removed. 7.4 Construction Site Stormwater Runoff Control e7.4.1 BMP Summary Table: See Appendix A. 7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, Title ' XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a grading permit is required for sites disturbing an area equal to 12,000 s.f. or more.' The City of Monroe was delegated in June 2002 to review and enforce its own Sedimentation and Erosion Control Program. Copies are attached in Appendix B. e7.4.3 Plan Reviews: A grading plan for the site is prepared by a registered engineer and presented to the City of Monroe.for review of erosion control measures. Site plans are also given to the Planning and ' Development department for review of required natural buffers along streams, if applicable. Sites disturbing-12,000 s.f. or more of area are required to obtain a grading permit. This applies -to both commercial and residential construction sites. Approximately 100% of commercial site plans submitted and 5% of residential plans will require review. I, 7.4.4 Enforcement: The current Erosion and Sedimentation Control Ordinance provides for penalties to be assessed when site inspections reveal violations. If a site is in violation, a Notice of Violation is sent to the responsible party explaining the violation, which contains a remedy date by which corrections are to be made, and a warning that failure to comply can result in civil or criminal penalties. �1 14- 7.4.5 Inspections: Construction sites are inspected as required. Those sites ' disturbing the greatest area and could pose a threat to adjoining streams and creeks are inspected first and more often. Commercial sites are inspected at least once per week or more frequently ' depending upon site deficiencies and rainfall events. Items are inspected as presented on the approved erosion control plan and, if needed, necessary field modifications are made. 7.4.6 Public Information: The Erosion and Sedimentation Control Ordinance was presented to City Council for approval and open to public discussion. As new amendments are made, the public will have . the opportunity to submit information. ' 7.4.7 • Decision Process: The erosion control program was developed through the use of a grant. A local program was thought to bemore effective, since response time and turn -around time would be ' signiFicantly less. 7.4.8 Evaluation: The success of this program will be measured by the cleanliness of the streams and by the number of complaints lodged against developers from adjoin properties. ' 7.5 Post -Construction Stormwater Management in New Development and Redevelopment ' 7.5.1 A copy of the City of Monroe Watershed Management Ordinance is attached. See Appendix B. 7.5.2 Maintenance requirements of the BMP's are included in the Watershed Management Ordinance. See Appendix B. . 7.5.3 The City of Monroe owns and maintains its own wastewater collection system with non-sewered areas served by septic systems, as per City of Monroe Ordinance Title V, Chap. 52, § 52.010. See Appendix C. 7.5.4 No surface waters within the City of Monroe drain into SA waters. 7.5.5 No surface waters within the City of Monroe drain into Tr waters. I' 7.5.6 No surface waters within the City of Monroe drain into Nutrient Sensitive waters... 7.5.7 BMP Summary Table: See Appendix A. I ' 15 1 7.5.8 Non -Structural BMP's: ' 7.5.8.1 Zoning Ordinances for land development require that proper vegetative buffers be placed, or existing ones be maintained, along 1 designated streams. Other measures include requirements for open space and landscaped areas in commercial and multi -family projects. ' 7.5.8.2 The total percentage of built -upon area is regulated through the. City of Monroe's Watershed Ordinance. Interco nnecti vi ty of impervious surfaces is discouraged by requiring internal landscaped ' areas within project sites. 7.5.9 Structural BMP's: 1 7.5.9.1 Current water quality practices allow the use of wet detention ponds, in addition to those contained in the "Stormwater Best ' Management Practices" manual by the N.C. Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section. 1 7.5.10 Regulatory Mechanighi: Attached is a copy of the City of ' Monroe Watershed Management Ordinance. See Appendix B. 7.5.11 Operation and Maintenance: Permitted BMP's will be ' inspected annually by the owner and / or his representative and a report prepared by a qualified professional shall be submitted to the City of Monroe Engineering Department. 1 7.5.12 Decision Process: Due to the City of Monroe's proximity to Lake Twitty and Lake Lee, an effort to maintain their quality is 1 critical. 7.5.12.1. Regulations in the form of the Watershed Ordinance were enacted which require the use of post -construction runoff practices. ' These are required within the areas of the City where the site is situated within a critical or protected watershed zone. 7.5.12.2 Stormwater runoff is addressed -by quality and quantity. ' Quality is provided through the use of wet retention basins or some other practice, while quantity is the result of the use of detention ponds. The detention ponds limit the runoff to the pre -development ■ rate. 16 1 7.5.13 Evaluation: The effectiveness of this measure will be determined by the success of obtaining a higher degree of water quality in the lakes and streams. 7.6 Pollution Prevention / Good Housekeeping for Municipal Operations T6.1 BMP Summary Table. See Appendix A. 1.) Develop and distribute pollution prevention training materials to those ; employees who maintain the public facilities on the principals of good housekeeping and how improper maintenance can be detrimental to the waterways. 2.) Provide training for those employees who maintain the storm sewer systems with emphasis on disposal of sediments and other solids removed from the systems. .3.) Provide training on the use of herbicides and other chemicals and how they can enter the storm systems through improper application. 4.) Inspect street operations facility to ensure that all stored chemicals are properly contained and any spill potential is minimized. 5.) Develop program for vendors with City contracts to practice good site housekeeping. 6.) Review the current spill response program for its effectiveness and ' adjust'accordingly. 7.) Review and evaluate the effectiveness of the -street sweeping program ' and adjust accordingly. 7.6.2 Affected Operations: 1.) Street Operations Center 2.) Parks and Recreation 3.) Fire Department r 4.) City Garage ' 7.6.3 Training: Flyers and handouts will be distributed to employees emphasizing the need for housekeeping Other good practices. government . training materials will be sought out and used. Specialty training will be ' provided on a case -by -case basis. 7.6A Maintenance and Inspections: Street sweeping will constitute the major thrust toward keeping solid debris from entering the MS4 system, along [' with solids collection during trash pick-up times. Uptown streets and sidewalks are swept at least once per week, while -the entire City is swept at least once every two months. Garbage is collected throughout the City weekly. Presently, the Street Division inspects and maintains the storm sewer system on as as -needed basis. The City currently has a storm system repair policy to repair private systems that receive public runoff. �. 17 7.6.5 Vehicular Operations: City parking lots are swept as needed. Road salt is stored within a covered storage facility. 7.6.6 Waste Disposal: Solids removed from the MS4 system are transported to the Street Division Facility for pick up by the solid waste disposal contractor. Larger loads are transported to the County transfer station for disposal. 7.6.7 Flood Management Projects: Flood management projects are designed with N.C. Department of Environment and Natural Resources requirements, as well as U.S. Army Corps of Engineers requirements. 7.6.8 . Existing Ordinances: The.following City ordinances were identified as having impacts on water quality: 1.) Title XV, § 158.05 — Erosion and- Sedimentation Control 2.) Title VII, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt, Garbage, Liquids, Trash, and Other Objectionable Material 3.) Title IX, Public Health Nuisances 4.) Title V, Chapter 55 — Solid Waste 5.) Title V, Chapter 52 — Waste Water 6.) Title V, Chapter 53 — Water Distribution System 7.6.9 Decision Process: The City understands the importance of maintaining good housekeeping at its facilities from both an efficiency standpoint and an environmental standpoint. Current practices will be improved through the.BMP's as noted. 7.6.10 Evaluation: The success of this measure will be evaluated through the responsiveness of the employees to new BMP's. Documentation of activities related to housekeeping practices will measure the extent of the program. 1 1 1 1 1 1 1 1 1 1 1 Appendix A BMP SUMMARY TABLE 19 i � �� � � � � � � � ifs � � � � � !• � 1. RMP's and Measureable Goals for Public Education and Outreach ME �Zeasurab`le GMvx� +R ;._t� ►23,4S�' eponsible��- .osrtia'n� 1 Draft articles for Prepare articles for publication in the city city newsletter newsletter that target a specific stormwater X X X X X Public Information related issue. The number of fliers sent out Officer will be tracked. 2 Distribute brochures to Distribute the city newsletter with the groups and citizens monthly utility bills. Brochures will also bi Public Information available at the public library and in other X X X X X Officer public places. The number published and distributed will be recorded. 3 Update the City website Update the City website to include information on stormwater related issues, phone numbers to use for incident X X X X X Engineering Tech, II reporting and current stormwater activities taking place. A counter will be used to track the number of requests or hits. 2. Public Involvement and Outreach � tttt }. r �► IIr.,rrr !y 1'S _• � 5 *" }.� yx'' �-•%1� ww << Y ,�,yy-- •3?- FE[F �• aM ; Ls � 'y} �` ��,'�Y• 11 "_'"c:'_u;zXY,n ' z'v �' �s.F3a: �e�r -., lr y-�_ 1 S Hold public hearing Provide public hearing for_ • • • • •• Development Engineer application. _11011 20 owl M M M M M M M M N r r M r M 3. Illicit Discharge Detection and Elimination Im-M`%' - ea�u�rab a a •��. YR 5��� �-� �Respotion Ion • r ` � .+= PO5 1 Train and coordinate Prepare and distribute information to other with other departments City departments outlining the methods X X X X Stormwater Engineer to report illicit connections used to detect and identify illicit connections 2 Prepare and distribute Notification to the public via brochures brochures to the public outlining illicit connections. X X X X Public Information to educate them on A count of the quantity sent out will Officer illicit connections indicate the BMP's effectiveness. 3 Provide for public Provide the public with a means of involvement to report illicit reporting illicit connections or illegal X X X X Engineering Tech. II connections dumping activities via telephone and/or the intemet. 4 Identify person to Provide an annual report outlining the Ston-nwater &: Land follow-up on reports amount of reported and identified illicit X X X Development Engineer connections 4. Construction Site Stormwater Runoff Control 1 1-.�a'e.`Fl.P 1` lajY1 �['r_+iil 't _. ''."� S 0��`4+j'� yI <.�.�< - .._ Y."_.,.�•.�`.i'� 'ii v�13T •1.�{ 1,A3� 1"y3 F iFs 'u'� MTl.�1 'Sh ys t 2[; is z :£iYA�e, AxYr'Z�kr}, �+„ ; v1 zf _'7; .� R• 71*� 3: Yi� MCA 1 Sites will .,.v Preparefes or publication Erosion and newsletter that serves as a reminder to the PublicMonroe . Sedimentation Control public that the City of Monroe currently Officer Ordinance has an Erosion and Sedimentation Control program in place. 21 S. Post Construction Stormwater Management in New Developemnt and Redevelopment IP - easurab a foals :: NO �F esp Asible RAW. ON ems .3�ON �� � ps�tio I New sites will abide All new and renovated sites by the City of Monroe must meet City Ordinance requirements X X X X X Stormwater & Land Watershed Ordinance and for stormwater runoff. Development Engineer 15A NCAC 2H.1000 6. Pollution Prevention / Good,Housekeeping for Municipal Operations e. urab e - o Is. = YR tl es onsiEile �2 .s a4 itio n�'- 1 Develop and distribute Maintain records of those employees pollution prevention training who have been trained or informed of materials to those employees good housekeeping practices for all who maintain the public public facilities with regard to their X X X X X Stormwater Engineer facilities on the principles of potential for polluting the waterways. good housekeeping and how improper maintenance can be detrimental to the waterways 2 Provide training for those Provide fliers and other informational data employees who maintain the to inform 'employees of proper procedures storm sewer systems with for storage and disposal of waste solids. : X X X X X Stormwater & Land emphasis on disposal of Development Engineer sediments and other solids removed from the systems 3 Provide training on the use of Maintain records of those licensed to herbicides and other apply herbicides. Provide information chemicals and how they can on how storm systems receive runoff X X X X X Parks & Recreation Director enter the storm systems from vegetated areas using handouts. through improper alication 4 Inspect street" operations Make a weekly inspection of those areas facility to ensure that all stored where chemicals used in the street chemicals are properly operations are properly stored and secured X X X X X Street Superintendant contained and any spill against spillage. potential is minimized. 22 5 Develop program for vendors with City contracts to practice good site housekeeping Inspect each vendor's work site in the Ci and evaluate the degree of compliance. X X X X X Stormwater & Land Development Engineer 6 Review the current spill Make an annual review of the reponses response program for its to spills and evaluate the outcome x X X X X Fire Chief effectiveness and adjust of each one. accordingly 7 Review and evaluate the Records will be kept of the volume of effectiveness of the street materials picked up by the street sweeping X X X X X Street Superintendant sweeping program and equipment and presented in an annual adjust accordingly report. 23 m3usmilowsi WATERSHED MANAGEMENT ORDINANCE 24 156.176 LOCATION OF BOUNDARIES OF FLOODPLAIN AND FLOODWAY DISTRICTS. As used in this article, the terms floodplain and floodway refer in the first instance to certain areas whose boundaries are determined and . can be located on the ground by reference to the specific fluvial characteristics set forth the definition of these terms. These terms also refer to overlay zoning districts whose boundaries are established on the reap, which boundaries are intended to correspond to the actual physical location of floodways and floodplains. ( These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or policy, rather than physical criteria.) Therefore, the ' administrator is authorized to make necessary interpretations as to the exact location of the boundaries of the floodways or floodplains if there appears to be a conflict between a mapped boundary and. actual field conditions. Such ! interpretations, like other decisions of the administrator, may be appealed to the Board of Adjustment in accordance with the applicable provisions of this chapter. 156.177 'SETBACKS FROM STREAMS OUTSIDE DESIGNATED FLOODPLAINS. In .any area that is located outside a designated floodplain but where a stream is located, no building or fill may be located within a distance of the stream bank equal to five times the width of the stream at the top of the bank or 20 feet on each side, whichever is greater. 156.178. WATERSHED PROTECTION ORDINANCE (A) Authority and Enactment Pursuant to authority granted by G.S. §.160A-381, as amended, and in accordance with the mandates as set forth in G.S. §143-214.5, as amended, this section of the Monroe Code of Ordinances ishereby adopted. (B) Jurisdiction The provisions of this chapter shall apply -within the zoning jurisdiction of the City of Monroe, but only within areas designated as Water Supply Watersheds by the N.C. Environmental Management Commission. Such areas shall be depicted on the city's official zoning map. (C) Relation to Other Ordinances, Regulations, and Plans. . Where a conflict exists between any limitation or requirement contained in this' Ordinance and those in any other ordinance, regulation, or plan, the more restrictive limitation or requirement shall apply. Except as otherwise provided herein, this ordinance shall not repeal, abrogate, or revoke any other ordinance, regulation or plan. (D) Relationship to Any Pending Actions i 137 The adoption of this Ordinance will not affect any action, suit, or proceeding, which may be pending at the time the Ordinance is adopted. With respect to the subject matter of any pending action, all rights and 1. obligations that exist under any previous zoning ordinances which have been superseded by this Ordinance are still valid and may be preserved and enforced. r ,All suits of law and/or prosecutions resulting from. violation of any Watershed Ordinance heretofore in effect, which are now pending in any of the courts of this State or of the United States shall not be abated or abandoned by reason of the adoption of this Ordinance but shall be prosecuted to their finality,m the same as if this Ordinance had not been adopted, and any and all violations of the existing Watershed Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted. Nothing in this Ordinance shall --be construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. (E) Severability If any section or specific provision or standard of this ordinance or any watershed district boundary arising from it is found by a court to be unconstitutional or invalid for any reason, the decision of. the court shall not affect the validity of any other section., provision, standard, or district' boundary of these regulations, except the provision in question. The other portions of these regulations not affected by the decision of the court shall f remain in full force and effect. (F) Definitions. . For the purpose of this chapter, certain words or terms are herein defined. , Except as defined herein, all other words shall have their everyday dictionary definition. AGRICULTURAL USES. The use of waters for stock watering, irrigation, and other farm purposes. BALANCE .OF WATERSHED. That part of a water supply watershed that does not lie ' within the critical area. BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management -based practice used singularly or in combination to reduce non -point source .� P b Y - P inputs to receiving waters in order to achieve water quality protection goals. BUFFER. A natural.or vegetated area through which stormwater runoff flows in a s: diffused manner so that the runoff does not became channelized and which provides for infiltration, of the runoff and filtering of pollutants. The buffer shall' be measured landward from the normal pool elevation of impounded structures (Iakes) and from the bank of each side of streams or rivers. BUILT -UPON AREA. Built -upon areas shall include that portion of a developmert project that is covered by impervious or partially impervious cover including buildings, 138 is pavement, gravel roads and panting lots, recreation facilities (e.g., tennis courts), etc, 1 (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious). Built upon areas shall be determined on a project -by -project basis. CRITICAL AREA. The'area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. 1 DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious cover on a land . area or which otherwise decreases the infiltration of precipitation into the soil. DISCHARGING LANDFILL. A facilitywith liners, monitoring equipment and other g measures to detect and/or prevent leachate from entering the enviromnent and in which the leachate is treated on site and discharged to a receiving stream. EXISTING DEVELOPMENT. Those projects that were built on or before July 1, 1993 or those projects subsequently built under a valid vested right established prior to July 1, 1993 based on at least one of the following criteria: (1) Substantial expenditures of resources (tinrie, labor, money) based on a good faith . reliance upon having received a valid local government approval to proceed with the project, or �- (2) Having an outstanding valid building .permit as authorized by G.S. § 160A-385.1, i. or (3). Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan -as authorized by G.S.. § 160A- 385.1. EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of {' which has been recorded in the Office of the Register of Deeds prior to July 1, 1993 or a ,,lot described by metes and bounds, the description of which has been so recorded prior to July 1, 1993. (Note: This definition containing the date July-1-,-1993 shall be applicable only to this chapter.) HAZARDOUS MATERIAL. Any substance listed as such in: SARA Section 302, ' Extremely Hazardous Substances, stipulation CERCLA Hazardous Sub -stances, or Section 322 of CWA (oil and hazardous substances). PERENNIAL WATERS: All streams, lakes, rivers, and other bodies of water shown as perennial on the most recent versions' of U.S.G.S. 1.-24,000 scale (7.5 minute quad) topographic maps, or as determined by NC DENR Division of Water Quality. TOXIC SUBSTANCE. Any substance or combination of substances (including disease . causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth or physical deformities in such PP p growth) . P Y , organisms or their offspring or other adverse health effects. .1 139 VARIANCE, MAJOR. A variance that results in any one or more of the following: 1. The complete waiver of a management requirement; 2. The relaxation, by a factor of more than 10%, of any management requirement that takes the form of a numerical standard; 3. The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option. VARIANCE, MINOR. A variance that does not qualify as a major variance. WATER DEPENDENT STRUCTURES. Structures for which the use requires access or proximity to or siting within surface waters to fulfill its basic purpose, such.as boat. . ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. WATERSHED. The entire land area contributing surface drainage to a specific point (for example, the water supply intake). (A) Exceptions to Applicability. (1) It is not intended that these regulations interfere with any easement, covenant or other agreements between parties. However,_,-.' if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. (2) Existing development as defined in this chapter, is not subject to the requirements of this chapter.' Expansions .to structures classified as e xisting d evelopment o n a ny I of o ther t han a 1 of c ontaining a' single-family residence as the principal use must meet the requirements of this chapter; however, the built -upon area of existing development is not required to be included in the density calculations. (3) A p re -existing I of o wned b y a n i ndividual prior t o Ju ly 1, 1993, regardless o f w Nether o r n of a v ested r ight h as been e stablished, may be developed or used for single-family residential purposes without being subject to these regulations.. However, this exemption is not applicable to multiple contiguous vacant lots under single ownership where recombination of such lots will bring them into greater conformity with this chapter. (B) Regulations which Apply in all Watershed Overlay Districts (1) General Develo-pment Standard. All projects must minimize built - upon surface area, direct stormwater away from surface waters and 1 1 I'! 140 ' into orate.best management practices BMP's to minimize water rP 5 p { ) quality impacts. 1. (2) Approval. The Zoning Administrator is authorized to approve low density and high density projects consistent with all other ' applicable provisions of this chapter. (3) Uses Permitted. All uses permitted in the underlying zoning district ' are permitted in the- watershed district, except those Iisted in § 155.10, subject to the requirements of this chapter, and other applicable local, state and federal regulations. (4) Uses Prohibited Generally. Discharging landfills and the storage of toxic and hazardous materials unless a spill containment plan is ' implemented are prohibited in all watershed districts. 1. (5) Buffers Required Along Perennial Waters.. A minimum 100 foot ..,vegetative buffer is. required for ,all new. development activities using the high density or 10/70 option. A minimum 30 foot . 1 vegetative buffer is required for all new development activities using the low density option. 1 (6) Development in Buffer Areas. No new development is allowed in the vegetative buffer area except for water dependent structures and public projects such .as' road crossings, utility- lines, and ' greenways, whereno practical alternative exists. These activities should minimize built=u on surface area direct runoff away from P � Y the surface waters and maximize the utilization of stormwater best tmanagement practice. (C) . WS-III-CA Critical Area (1) -Low Density Option. In order to maintain a moderate land use intensity pattem, single-family residential uses are allowed with a ' minimum lot size of 40,000 sq. ft except within an approved conditional use district. All other development shall be allowed a maximum of 12% built -upon area on a project -by -project basis if the low density option is used. (2) High Density Option. Non single-family residential development, ' which includes duplexes, multi -family residential, commercial, and industrial development, is permitted to develop using the high density option. Development shall not exceed a built -upon area of I' 30% on a project -by -project basis and must incorporate engineered stormwater control structures and maintenance. (3) Uses Prohibited. Landfills and sites for land application of sludge and residuals or petroleum contaminated soils shall be prohibited. !' (D) WS III-BW Balance of Watershed ' 141 (E) (F) (1) Low Density Option. In order to maintain a moderate land use intensity pattern, single-family residential uses are allowed with a minimum lot size of 20,000 sq. ft except within an approved ' conditional use district. All other development shall be allowed a maximum of 24% built -upon area on a project -by -project basis if ' the low density option is used. (2) High Density Option. Non single-family residential development, which includes duplexes, multi -family residential, commercial, and industrial development, is permitted to develop using the high , density option. Development shall not exceed a built -upon area of 50% on a project -by -project basis and must incorporate engineered stormwater control structures and maintenance programs. ' WS-IV--CA Critical Area (1) Applicability. Only new development activities that require a Sedimentation/Erosion Control Plan under state law are required to meet the provisions of these regulations when located in the WS- -IV-CA district. (2) Low Density Option. In order to maintain ' a moderate land use 'l intensity pattern, .single-family residential uses are allowed with. a minimum lot size of 20,000 sq. ft except within an approved conditional use district. All other development shall be allowed a ` maximum .of 24% built -upon area on a project -by -project basis if. the low density option is used. (3) High Density Option. Non single-family residential development, , which includes commercial, and industrial development;. is permitted to develop using the high density option. Development shall not exceed a built -upon area of 50% on a project -by -project basis and must incorporate engineered, stormwater control structures and maintenance programs. (4) Uses Prohibited. Landfills and sites for land application of sludge , and residuals or petroleum contaminated soils shall be prohibited. WS-IV--PA Protected Area. ' (1) Applicability. Only new 'development activities that require a Sedimentation/Erosion Control Plan under state law are required to meet the provisions of these regulations when located in the WS- IV-PA district. (2) Low Density Option. In order to, maintain a moderate land use intensity pattern, single-family residential uses are allowed with a ' minimum lot size of 20,000 sq..ft in areas where curb and gutter is required, or 15,000 square feet in size for projects in areas where curb and gutter is not' required, except within an approved ' conditional use district. All other development shall be allowed a 142 ' maximum built -upon area of 24% in areas where curb and gutter is required, or 35% in locations.where curb and gutter is not required, ' on a project -by -project basis if the low density option is used. (3) High Den sity Option. Non single-family residential development, which includes duplexes, multi -family residential, commercial, and industrial development, is permitted to develop using the high ' density option. Development shall not exceed a built -upon area of 70% on'. a project -by -project basis and must incorporate engineered stormwater control structures and maintenance. 1 {G) Criteria for Development Using the High Density Option. 'Applicants ~ (1) wishing to use the high density option must control runoff from the first inch of rainfall. Stormwater control structures must be designed as wet detention ponds, as described in 15A NCAC 2H .1003(g)(2), (g)(3),. (i), 0), (k), and (I), except that alternative structures using other treatment options which have been approved for use in this area by the NC Division of Water Quality may be used as well if they are consistent with the City of Monroe's stormwater management program guidelines. 'of 2 The design,. ,. criteria for .a roval storzriwater controlsystems () i� PP shall be 85 percent average annual removal of total suspended 'solids. Also, the discharge rate shall meet one of the following .' criteria: ' (a)' the discharge rate following the 1-inch design storm shall be such that the runoff draws down to the pre -storm design stage within five days,' but not less than two days; or (b) the post development peak discharge rate shall e ual•the predevelopment rate for the I -year, 24 hour storm. (3) Applicants choosing to use the high density option shall demonstrate compliance with the following requirements for stormwater control structures'. (a) All stormwater control structures shall be designed by either a professional engineer or a landscape -architect registered by the State of North Carolina. (b) All stormwater control structures shall be approved by the City Engineering Department prior to issuance of a zoning permit. Maintenance of any approved structure shall be in conformance with an operation and maintenance plan 143 I approved by the City Engineering Department and kept on file in. the City Planning and Development Department. (c) In addition to the required vegetative filters, all Iand areas outside of the pond shall be provided with ground cover sufficient to minimize erosion within-30 calendar days after any land disturbance. Upon completion of the stormwater control structure, permanent ground cover shall be' established and maintained as part of the operation and maintenance plan described in -division (E) of this section. (d) The impervious portions of any stormwater control structure(s) shall not be included when computing built - upon areas. (e) 7f the applicant's property is in a drainage area which is served by a regional stormwater control structure approved by the city, the. applicart shall not be required and' shall not have the option of constructing an individual structure for stormwater control. (4) Prior to approval of a stormwater control structure, the applicant shall submit a binding operation and maintenance plan which ensures continued compliance with this ordinance. Operation and maintenance plans shall include the following elements. (a) The plan shall require the owner(s) of the structures) and their successors . and assigns to maintain, repair, and, if necessary, reconstruct the structure(s) in accordance with the operation and maintenance plan. The plan must be approved prior to, or in conjunction with, approval of the zoning permit. (b) -A separate,plan must be provided by the owner(s) for each stormwater control structure which contains, at a minimum, what .operation and.maintenance actions are needed and will be undertaken to ensure compliance, what specific quantitative criteria will be used for determining when those actions are to be taken, and who is responsible for such actions. (c) Amendments to the plan and/or specifications of the stormwater control structure(s) must receive approval from the city. Proposed changes shall be prepared by a professional engineer or landscape architect, licensed by the State of North Carolina. (d) Jf the city finds that the plan, once approved, is inadequate for any reason, the city shall notify the owner(s) of any 144 changes needed and a time -frame in which changes to the plan shall be made. (e) The plan(s) shall be in a recordable form and, once ' approved by the city, shall be recorded at. the Union County Register of Deeds' Off ce. All fees charged by Union County for recordation of the document(s) shall be paid by ' -the owner(s) of the structure(s). (f) All stormwater control structures and pond improvements . shall be constructed in accordance with the Project Provisions for Construction of Watershed fond and Outlet Control Structures as issued by the City Engineering ' Department. (5) Vegetation and grounds maintenance. ' (a) Landscaping and grounds management shall be the responsibility of the owner(s) of the stormwater control structure(s). (b) Vegetation shall not be established or allowed to mature to ' the extent that the integrity of the structure(s) is in any way threatened or diminished, or to the extent of interfering ' with any easement or access to the structure. c permit shall be obtained from the Zonin () A zoning g . Administrator prior to any repair or reconstruction of the structure. All improvements shall be consistent with the approved plan and specifications for that structure. The city ' shall inspect the completed improvements and inform the owner(s) of any required additions, changes, or modifications needed to complete the improvements. ' (6) Inspections. (a) All new stormwater control structures shall be inspected by the city on a periodic basis during constriction. However, it shall be the sole responsibility of the owner(s) to ensure that the structures are properly installed according to the. approved plans. (b) Prior to the release of a certificate of occupancy for any use f� locatedwithin a water supply watershed which. requires engineered, stonnwater control structures, the following shall be completed: (i) A final inspection shall be conducted by the city of ' the completed stormwater control structures. Prior to this inspection, all structures shall be fully operational and installed according to the approved ' 145 (6) plan. In addition, the city requires all wet detention ponds to be at permanent pool elevation and functioning without leakage through the outlet ' structure or impoundment prior to final approval. In cases where dry weather or other problems , prevent the facility from being at Rill pond, the owner(s) has the option of filling the pond artifzcially at, their expense or providing to the City of Monroe a letter of credit or cash bond. All letters of credit are subject to city review and approval prior to acceptance. The amount of the letter of ' credit or cash bond shall be sufficient to cover 120% of the estimated amount required for the completion of the pond and outlet structure but in ' no case shall be Iess than 510,000. All work estimates shall provide sufficient detail to deter -mine' the exact nature of the work to be completed and ' shall be subject to review and approval by the City of Monroe Engineering Director. All work shall be completed on the pond by the owner(s) within six months of the acceptance of the letter of credit or cash bond; otherwise, the owner(s) will be deemed to be in default and will forfeit the funds to' ' the city. Prior to release of'the letter of credit or cashbond, the pond must bd inspected and the owner receive final approval:from the city.. . (ii) -Certification.by an engineer or landscape architect .licensed by the State of North Carolina is required ' for each structure stating that the stormwater control structure is complete and has been installed according to the approved plan(s) and specifications. (iii) If deficiencies are found as a result of the inspection, the city shall notify the owner(s) of needed improvements. Reinspection will be required. Annual inspection of stormwater structures.- (i) All stormwater control structures shall be inspected by the city on an annual basis to determine whether the structures are performing as designed and ' intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Water Quality. Annual ' inspections shall begin within one year after the approval of the stormwater control structure(s) by the city. A copy of each inspection report shall be filed with the Zoning Administrator and Engineering Director. 146 ', (ii) In the event the city's report indicates the need for corrective action or improvements, the city shall notify die owning entity of the needed improvements and the date by which such improvements are to be completed. All improvements shall be consistent with the adopted ' operation and maintenance plan and specifications. Once such improvements are made, the owner(s) shall forthwith contact the Zoning Administrator. ' and ask that an inspection be made. (H) The 10/70 Option (2) • Applicability. As authorized by N.C.A.C. TI5A: 02B.0215, as amended, the City of Monroe will allow up to ten percent.of the WS-III-BW district located within the city's planning jurisdiction to be developed with non-residential uses up to a maximum built - upon area of 70% on a project -by -project basis. The 10/70 option may only be applied to an area within a project equal to or less than twenty -live (25) acres. The project area may be of any size and located on one or more lots. (a) Location.. The lots) 'must abut Charlotte Avenue (Old Charlotte Highway), Dickerson Boulevard, Williams Road, US 7 4, Commerce D Hive, Hanover D rive, W illiams R oad Ektension; Rocky River Road; Secrest Short Cut .Road, or US 601.North. (b) Size. The 10/70 option may only be applied to an area within a project equal too or less than ten (10) acres. The ' project -area may be of any size and located on one or more Iots. (3) . Built -upon Area Calculation. For the purpose of calculating the built -upon area, total project area shall include total acreage in the ' tracts) on which the project is to be developed.. 3 Application and Approval Process. ' (a) Application Deadline. Complete applications for use of the 1.0/70 option must be submitted to the Zoning Administrator -at least fifteen days prior to the City Council meeting at which the request is to be heard. (b) Application Contents. A complete application consists of: . .' 1) a sealed survey of sufficient scale and clarity to accurately and legally locate the tracts of land being used for development and showing the area of said tracts to which. the 10/70 option will apply, 2) a completed application fonn noting the amount of acreage applied for l 147 (up to 25 acres), the name and address of the applicant, the name and address of the legal owner(s) of the property, the current zoning, and the intended use of the property and 3) ' any.and all fees associated with the application as established by the City Council. The City Council may ' request any additional information it deems necessary to make an informed decision regarding the application. ' (c) All applications for the 10/70 option shall be considered b y the City Council at a public meeting and, if considered appropriate, approved by same: The Council in granting approval may choose to allocate any amount of acreage requested for development under the 10/70 option up to but not exceeding twenty-five (25) acres. ' (4) Stormwater Control Systems Required. Development of land under the 10/70 option is considered high density development and '. is subject to all requirements and responsibilities as detailed in § 155.15 of this chapter Revocation of Approval for the 0/70 Option. The 10/70 o (5} Re _. p 1iondo a ._. L�. option is .not intended for speculative development proposals. Once' approved, if development has not commenced within two years of the date of approval, the City Cotincil may act to revoke approval of the 10/70 option. In addition, any acreage approved for the 10/70 option but not used as part of the development within two years of the completion of the project as shown on an approved site: plan shall be subject to revocation of the 10/70 option by the City - Council. Action to revoke. the 10/70 option for any portion of a development site previously approved shall be taken by the City Council at a public meeting after receiving a report from staff. Such a report shall be in writing and shall declare that the property owner(s) within the development as recorded at the register of deeds office, have been notified at least ten days before the meeting of the pending action and the date, time, and place of the City Council meeting at which the report will be given. Said property owner(s) shall have the right to appear before the City Council at said meeting and show cause why the City Council should not revoke the permit. Notification shall be deemed given when written notice is sent by first class mail to the property owner(s) at the address(es) shown on the most recent property tax records. (1) The Application and Approval Process. (1) Site Plan Required. Prior to approval and issuance of a zoning t permit for any new structure or expansion to an existing structure under this chapter, all applicants shall be required to submit a site plan as outlined below. All site plans must be reviewed by staff and found to meet submission requirements before any application 148 , for a zoning e deemed to complete. Site plans s p rmit is m d be omp p hall Iinclude the following inforination: (a) Single Family Detached Residential Development. The site plan required for watershed approval is the same as the site plan required far a zoning permit. This type of site plan may be drawn by the applicant and does not require an engineer, surveyor, architect, or landscape architect's seal ' unless such development appears to lie in whole or part within a federally designated floodplain or a required •' watershed buffer area. If a seal is required, then the engineer, surveyor, architect, or landscape architect sealing the plan shall be licensed by the State of North Carolina. (b). All Uses Except Single Family Detached Residential Development. All such uses within a watershed overlay district shall submit a site plan which shows..1) the location of the. watershed boundary on the tract or a statement that the entire tract lies within the watershed, 2) the total acreage of the tract, 3) the amount and percentage of existing impervious coverage, 4) the amount and. percentage of impervious coverage which is deemed to be existing development as defined by this chapter, 5) the 'of amount and percentage proposed impervious coverage,. 6) the Iocation of all stormwater control structures, existing , and proposed, 7) existing and proposed topography of the site in two foot contours with spot elevations as required to clarify topography, and 3) the location of all existing and storn-twater conveyances. proposed (2} As -Built' Survey Required. Prior to release of the certificate of occupancy, the applicant must present an as -built survey of the property prepared and sealed by a registered surveyor, professional engineer, registered landscape architect, or architect licensed by the State of North Carolina. Such as -built survey 'shall show the . location and dimension of all impervious coverage and the total amount of impervious coverage built as a percentage of the total site.. The Zoning Administrator shall be permitted to waive the survey requirements of this provision on a case -by -case basis if, in his judgment upon uivestigation, the percentage amount of the ' impervious coverage of the tract is well under that permitted by the ordinance. The. certificate of occupancy'shall not be released if the impervious coverage of the site exceeds that allowed -by the permit issued. E (3) Fees Required. Applications for watershed approval, use of city- owned/maintained stonnwater control systems, inspections related to the initial approval of stormwater control systems, and annual inspections of stormwater control systems and watershed development sites shall be subject to any and all relevant fees as adopted by the City Council and prescribed in the City of Monroe 149 Code of Ordinances. A lication fees shall accompany PP P Y any application, otherwise the application shall be determined incomplete and shall be returned to the applicant. ' (J) Variances • General _Application Process and Procedures. The process and procedure for hearing variance requests, as outlined in Chapter 156, Zoning Cade, shall apply to all requests for a variance to any of the requirements of this ' chapter as herein established except as noted below. (1) Extra Notice Required. In addition to standard notification requirements 1 isted i n C hapter 156, a c opy o f t he p ublic h caring notice plus a description of the variance requested shall be sent by first class mail to the clerks of all municipal and county ' governments having jurisdiction within the same watershed and to any major consumer of water whose point of intake lies within the e same watershed. The notice and description shall be mailed at Ieast 10 days prior to the public hearing. Any comments received from notified local governments regarding a variance request shall -be entered into the record of proceedings. (2) Approval_A uthority. M inor v ariances s haIl b e h card and d ecided by the Board of Adjustment. ,Major variance requests shall be 'decided by the N.C. Environmental Management Commission (EMC). The Board of Adjustment shall hear all requests for major variances .and shall forward its recommendation and a complete.;-' copy of the hearing record to the EMC for their consideration. If:I" the EMC approves the major variance or approves with conditions , or stipulations added, then the EMC shall prepare a decision which authorizes - the Board of Adjustment to issue a final decision including any conditions or stipulations .added by .the EMC. If the EMC denies the major variance, then the EMC shall prepare a decision to be sent to the Board of Adjustment. The Board of Adjustment shall prepare 'afinal decision denying the major variance ,.as directed by the EMC. (K) - Enforcement ' (1) Process and Procedure. These regulations shall be enforced by the Administrator in accordance' with all enforcement processes, L procedures, and authorities as outlined in and authorized by (2) Recordkeeping. The Zoning Administrator shall maintain a file -on all applications for development -within a watershed district and all t minor and major variances. A copy of all approved variances shall be submitted annually during the last week of December to. the Division of Water Quality as required. 150 1 ' () e Peal and Reenactment o fExisting o Repeal Watershed Protection Ordinance 1 The rewriting of this chapter in part carries forth by reenactment some of the provisions of the existing Watershed Protection Ordinance of the city and it is not -intended to repeal, but rather to reenact and continue in force ' such existing provisions so that all rights. and liabilities that have been accrued are preserved and may be enforced. All provisions of the Watershed Protection Ordinance which are not reenacted herein are hereby repealed.: ' 156.179 RESERVED. 156.180 SECONDARY IMPACT MITIGATION. (A) Buffers (1) A 35 foot undisturbed vegetated buffer is required along all stream channels which receive drainage from 50 acres or more. (2) The buffer shall begin at the most landward limit of the top of bank or,the most landward limit of the normal ponded water level and extend landward on perpendicularly. (3) Diffuse flow of runoff shall be maintained in the riparian buffer to the extent practicable. (4) . Existing and ongoing uses shall be exempt. (5) Allowable uses within the buffer include bridges, dam maintenance, new stormwater facilities designed to control. sediment and attenuate flow before being discharged through the road crossings and temporary sediment and erosion control devices. ' 156.181 RESERVED. 156.182 , RESERVED. ' 156.183 RESERVED. 156.184 RESERVED. ARTICLE XV: PARKING 156.185 DEF N,ITIONS. Unless otherwise specifically provided or unless clearly required by the ' context, the.words and phrases defined below shall have the meaning indicated when used in this section. Circulation Area. That portion of the vehicle accommodation area used for access to parking or .loading areas or other facilities on the lot. Essentially, 151 driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. ' Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area. Gross Floor Area_ The total area of a building measured by taking the outside ' dimensions of the building at each floor level intended for occupancy or storage. Loading and Unloading Area. That portion of the vehicle accommodation area ' used to satisfy the requirements of Section 300. Vehicle Acco,nmodation Area. That portion of a lot that is used by vehicles for ' access, circulation, parking, and loading and unloading areas, and parking areas (spaces and aisles). Parkin; Area Aisles. That portion of the velucle accommodation area consisting ' of lanes providing access to parking spaces. u. Pa rktn, Space. A portion of the vehicle accommodations area set for the parking Y of one vehicle. 156.186 USE OF PARKING, CIRCULATION' AND LOADING SPACE Vehicles must be parked in an approved parking or loading space. Vehicles and merchandise are prohibited from being parked or placed in any area outside of an approved parking, circulation and/or loading area_. 156.187 NUMBER OF PARKING SPACES REQUIRED. All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question. Table of Parking Requirements: Single Family — Space to accommodate four (4) vehicles, this is in addition to a I garage, if one is required or provided. Any additional parking spaces and circulation area above and beyond the 4 required spaces must obtain a special use permit- Duplex and Multi Family — 1 space per bedroom plus 1 visitor space per unit 156.188 VEHICLE ACCOMMODATION AREA SURFACES. (A) All uses except single family residential. All parking, loading, and driveway areas shall be paved and maintained with asphalt or concrete. B All sin-Ie family residential uses. All such uses shall be required to have ' a paved driveway off of a public street which provides a continuous paved surface from the edge of pavement or curb line of the public street to the 152 1 Appendix C ' SANITARY S EWERS & CONNECTIONS 1 25 Waste Water 1.7 1 this percentage is determined by dividing the total number of TRC violations for the parameter by the number of compliance judgment points for the parameter; (3) Any other violation of a pretreatment effluent limit (daily maximum or longer -term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass -through (including endangering the health of POTW personnel or the general public); (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Paragraph (0(1)(vi)(B) of.40 .CPR 403.8 to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in . a pretreatment permit or enforcement order for . starting construction, completing construction,. or attaining final compliance; (6) Failure to provide, within 30 days after the due date, required reports such as 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 or group of violations that the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.020. STANDARD INDUSTRUL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual and or from the 200I S-7 North American Industry CIassification System issued by the Executive Office of the President, Office of Manage-ment and Budget, 1997. STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom. SUPERINTENDENT. The person designated by the city to supervise the operation of the publicly owned- treatment works and who is charged with certain duties and responsibilities by this chapter , or his duly authorized representative. .SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by laboratory filtering. UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical- pretreatment standards because of -factors - beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error; •improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. WASTE WATER. The liquid and water -carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter -the POTW. WASTE WATER PERMIT. As set forth in § 52.051. WATERS OF THE STATE. (A) All streams, Iakes, ponds, marshes, water- courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all '1 18 Monroe - Public Works 1 other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow thorough, or border upon the state or any portion thereof. (B) The following abbreviations when used in this chapter shall have the designated meanings: BOD - Biochemical Oxygen Demand CFR -. Code of Federal Regulations COD - Chemical Oxygen Demand EPA - Environmental Protection Agency gpd - Gallons per day G.S. - North Carolina General Statutes 1 - Liter Mg - Milligrams mg/1 - Milligrams per liter NPDES - National Pollution Discharge Elimination System O & M - Operation and Maintenance POTW - Publicly -Owned Treatment Works RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classification SWDA - Solid Waste Disposal Act TSS - Total Suspended Solids TKN - Total Kjeldahl Nitrogen USC - United States Code (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-2001-05, passed 1-16-01) SANITARY SEWERS AND CONNECTIONS § 52.010 REQUIRED SEWERS AND CONNECTIONS. (A) Any person owning a building which is used for habitation or occupancy within the corporate limits, which is accessible to a public sanitary sewer 2001 S-7 main, shall connect to the public sewer main, except when the existing building is already connected to a septic tank which is functioning without the need for repair in accordance with the requirements of the county health department. For the purpose of this section, accessible is defined as follows: (1) The public sewer main is either on the lot or abutting any portion of the lot within a public right-of-way; and 1 (2) The closest distance of the public sewer I main to any portion of the building is 200 feet or less. (B) A sewer connection for service to a building shall be made by the POTW, or as authorized by the POTW Director, at the expense of the owner/user. The extension, repair, or replacement of the building sewer from the sewer connection to the building shall be made under an approved building code permit in accordance with all applicable codes and at the expense of. the owner or user. The maximum allowable infiltration for a building sewer is 100 gallons per day/inch-diameter/mile. The POTW may require repairs or replacement of an existing building sewer in order to meet the same infiltration allowance requirements as"specified for new building sewers and connections. (C) Where no sanitary sewer main is accessible, a property owner or developer may propose the -extension of new sewer mains to.serve property which would then be connected to the existing POTW. Such extensions of public mains shall be provided in accordance with the.ci y Water and Sewer Extension Policy as adopted by the City Council and shall meet the applicable technical requirements of Title 15A: 02H .0200 of the North Carolina Administrative Code, City of Monroe Sanitary Sewer Design Standards, and City of Monroe Standard Specifications for Sanitary Sewers. (D) Where no saaitary.sewer main is accessible, a septic tank may be installed, after obtaining all applicable permits. Septic tank installation shall be in accordance with the standards and requirements of the 1 1 Waste Water 19 State Department of Environment and Natural Resources, applicable county health regulations, and all building and plumbing codes. (E) Separate and independent sewer connections shall be provided for every building with the below exceptions: (1) Where one building stands at the rear of another and no reasonable access to a sewer main is available to the rear building except under the front building, the building sewer from the front building may be extended to the rear building and be considered as one building sewer to -one sewer connection so long as all applicable codes.are met, and with the prior approval of the POTW Director. (2) . Multiple buildings under single owner- ship on a single property may be connected to a pri- vate sewer main to which individual building sewers are connected when approved by the POTW Director in accordance with the city's Water: and Sewer Extension Policy, provided that all, permits required by the N.C. Department of Environment,, Health, and Natural Resources are obtained and complied with. Separate buildings on separate properties found to be connected to the same service connection may 'at the discretion of the POTW Director be ordered to install separate building connections at the owners expense. (F) An old sewer connection or building sewer may be used to serve.a new building only when found on examination and test by the POTW to meet all requirements of this chapter. (G) Wherever possible, the building sewer shall be brought to the -building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer connection, domestic sewage carried by such building drain shall be lifted by an approved means and dis- charged to, the sewer connection at the expense of the owner/user. (H) The city must review and approve all sewer connections from a new building or expansion or modification of an existing building to the sanitary sewer main, regardless of origin, if the waste water is to be treated by the city's POTW, except residential connections to other governmental agencies' existing sewerage collection systems. All sewers and connections approved by the city shall be properly designed and constructed in accordance with such guidelines as published by the Environmental Pro- tection Agency (reference 40 CFR, section 35.92704 or as revised). (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-1997-38, passed 9-16-97; Am. Ord. 0-2001-05, passed 1-16-01) § '52.011 MAINTENANCE OF BUILDING SEWERS AND SEWER CONNECTIONS. (A) Building sewers extended to the sewer connection shall be maintained by the owner/user, (9) The "Sewer Connection" shall be maintained by the city at the expense of the owner. However, the owner shall be responsible for maintaining an open flow path from the building sewer through the sewer connection to the sewer main line or terminal manhole. (C) Relocation and/or replacement of a sewer connection for individual improvement or develop- ment shall be made by the city at the expense of the owner/user. (D) Where sewer service is permanently dis- continued, the sewer connection shall be capped by the city at the expense of the owner/user. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-2001-05, passed 1-16-01) § 52.012 STREET CUTS. All street cuts in connection with sewer service shall be made by the city. See the latest edition of Appendix A of this chapter, on file in the office of the City Cleric. (Ord. passed 6-22-94) 2001 S-7 20 Monroe - Public Works 1 § 52.013 CONNECTION APPLICATION AND FEES. (A) Any owner/user desiring to connect any premises to the city sewerage system shall make an application therefore to the city. Such application shall state the name of the owner/user of the premises involved, the street address of the premises, the size of the proposed connection, and other appropriate information necessary for the city to determine if the application can be approved in accordance with all provisions of this chapter. (B) Payment of all connection fees shall accompany the service application for a sewer connection. (1) The connection fee shall include the cost of the connection to the right-of-way or easement line of the property of the owner/user, and all applicable availability fees. (2)- Such connection fee shall be fixed according to a fee schedule for such connection established by the City Council and shall be specified in the latest edition of Appendix A of this chapter, on file in the office of the City Cleric. (Ord. he 6-22-94; Am. Ord. 0-2001-05, passed 1-16-01) § 52.014 BACKWATER VALVES. All gravity building drains or building sewers connecting to new structures or modifications to existing structures requiring a plumbing permit, which drain plumbing fixtures at an elevation lower than the rim elevation of the closest upstream manhole of the public sewer main from where the building sewer is connected to the main, shall have installed on the building sewer or building drain a backwater valve to protect such fixtures from backwater either from the sewer connection or the public sewer main_ The backwater valves shall be constructed to open to allow normal unimpeded . use of the building drain and building sewer but shall. insure a mechanical seal against backflow. The backwater valve shall be accessible for service and repair and shall meet the technical requirements of Section 704.7 or P2206.9 of 2001 S-7 the North Carolina State Building Code, Volume II Plumbing, latest edition. (Ord. 0-1996-11, passed 5-7-96; Am, Ord_ 0-1997-38, passed 9-16-97) GENERAL SEWER USE REQUIREMENTS § 52.020 PROHIBITED DISCHARGE STANDARDS. (A) General Prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or waste water which will cause interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national, state, or local pretreatment standards or requirements. (B) Specific Prohibitions. No user shall contribute oc.cause to be contributed into the POTW the following pollutants, substances, or waste water: (1) Pollutants which create fire, or ex- plosion in the POTW, including, but not limited to, wastestream with a closed cup flashpoint of less than 140'F (60'C) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference (but in no case solids greater than one-half inch in any dimension). . (3) Petroleum fuel or oil, nonbiodegradable cutting oil, or products of mineral fuel or oil. origin, in amounts that will cause interference or pass through, or in any amounts discharged from storage or containment areas which are separate from process use. (4) Any waste water having a pH less than 5.0 or more than 12.0, or waste water having any other corrosive property capable of causing damage to the POTW or equipment. 1 t 1