Stormwater Management Program Report Draft #2-2003

DRAFT #2
TOWN
CAL'
OAK ISLAND
STO RMWATE R
MANAGEMENT
PROGRAM REPORT
it?"ti'N {�!
O°�SL'.�`A
Ggtl-t Cr1RV�'�l
May 8, 2003
Prepared by:
McKim & Creed, PA
243 North Front Street
Wilmington, NC 28401
www.mckimcreed.com
The preparation of this document was financed in part
through a grant provided by the North Carolina Coastal
Management program, through funds provided by the
Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resources
Management, National Oceanic and Atmospheric
Administration.

•
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Reed
Fee Paid
Permit Number
►'• 7 •: :L 1IMU 4 (0-FA I -Ouneliul
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 forcomp/eft NPDESSma//M54Stormwater
PermitAppiication (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU Z68) 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
Seeking Permit Coverage
Town of Oak Island
b.
Ownership Status (federal,
state or local)
Local
c.
Type of Public Entity (city,
town, county, prison, school,
etc.)
Town
d.
Federal Standard Industrial
SIC 91— 97 Public Administration
Classification Code
e.
County(s)
Brunswick
f.
Jurisdictional Area (square
miles)
9 Square Miles
g.
Population
Permanent
6,700
Seasonal (if available)
17,000
h.
Ten-year Growth Rate
2.7 percent per year
1.
Located on Indian Lands?
Yes ® No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
9 Square Miles
b.
River Basin(s)
Lumber
Cape Fear
c.
Number of Primary Receiving
Streams
9
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
76
•
Commercial
8
•
Industrial
2
•
Open Space
14
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
Page 1

NPDES RPE Stormwater Permit Application
•
•
III. EXISTING LOCAL WATErt QUALIT-Y-PROGRAM
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 IP:FOP..MATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes E 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.
Paqe 2

NPDES RPE Stormwater Permit Application
'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
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties forsubmitfing false information,
including the possibility of fines and imprisonment for knowing violations
Signature
Name
John Olansen
Title
Director, Public Works
Street Address
4601 East Oak Island Drive
PO Box
City
Oak Island
State
NC
Zip
28465
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
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
Vacant Position
b.
Title
Deputy Public Works Director
c.
Street Address
4601 East Oak Island Drive
d.
PO Box
e.
City
Oak island
f.
State
NC
g.
Zip
28465
h.
Telephone Number
[phone]
L
Fax Number
[phone]
j.
E-Mail Address
Paqe 3

•
is
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CnmcTRUCTIONAPPROVALS
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
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
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
N/A
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.
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. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
TABLE OF CONTENTS
Page 4

NPDES RPE Stormwater Permit Application
i
11
3. EXISTING WATER OUALIIY.PROG
.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. 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

DRAFT #2
•
s
TOWN
OAK ISLAND
STO RMWATE R
MANAGEMENT
PROGRAM REPORT
I`NL 11, 7
May 8, 2003
Prepared by:
McKim & Creed, PA
243 North Front Street
Wilmington, NC 28401
www.mckimcreed.com
The preparation of this document was financed in part
through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the
Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resources
Management, National Oceanic and Atmospheric
Administration.

D RAFT #2
• TABLE OF CONTENTS
1. BACKGROUND.....................................................................................................1
2. STORM DRAINAGE SYSTEM INFORMATION........................................................ 1
2.1 Population Served.....................................................................................................................1
2.2 Growth Rate...............................................................................................................................1
2.3 Jurisdictional and MS4 Service Areas....................................................................................1
2.4 MS4 Conveyance System........................................................................................................2
2.5 Land Use Composition Estimates...........................................................................................2
2.6 TMDL Identification...................................................................................................................4
3. RECEIVING STREAMS........................................................................................... 5
4. EXISTING WATER QUALITY PROGRAMS.............................................................. 6
5. PERMITTING INFORMATION................................................................................. 8
6. RELIANCE ON OTHER GOVERNMENT ENTITIES ................................................... 9
7. STORMWATER MANAGEMENT PROGRAM.......................................................... 9
7.1 Public Education and Outreach..........................................................................................10
• 7.2 Public Involvement and Participation.................................................................................11
7.3 Illicit Discharge Detection and Elimination........................................................................12
7.4 Construction Site Runoff Site Control...................................................................................14
7.5 Post -construction Runoff Site Control..................................................................................16
7.6 Pollution Prevention / Good Housekeeping......................................................................17
APPENDIX A - Town of Oak Island
Stormwater Management Ordinance .................................................. Appendix A-1
APPENDIX B - Town of Oak Island Illicit Discharge Ordinance ........... Appendix B-1
0

• I.BACKGROUND
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Clean Water Act. Phase I of the NPDES stormwater
program was established in 1990. It required NPDES permit coverage for large or medium
municipalities that had populations of 100,000 or more.
Phase II of the NPDES Stormwater program was signed into law in December 1999. This
regulation builds upon the existing Phase I program by requiring smaller communities, also
known as small municipal separate storm sewer systems (MS4s), to be permitted. In North
Carolina, the NC Department of Environment and Natural Resources' (NCDENR) Division of
Water Quality (DWQ) is responsible for implementing the program.
The Town of Oak Island is one of several beach municipalities located in Brunswick County,
North Carolina. In an effort to comply with guidelines and reporting requirements established
by the NPDES Phase II program, the Town of Oak Island has developed a comprehensive
Stormwater Management Program described herein.
The need for a stormwater program is driven by the increased growth within the Town of Oak
Island, the concern for public health, the economic dependencies on surrounding
waterways, and the need to conform to state and federal laws governing water quality.
2. STORM DRAINAGE SYSTEM INFORMATION
2.1. POPULATION SERVED
According to the US Census Bureau 2000 census data, the Town of Oak Island's
population was 6,529 persons. The total units of structure was 6,662, with 3,076 being
permanently occupied and the remaining 3,586 being vacant recreational, rental, or
occasional use units. The Town estimates the seasonal population to be 3.2 times the
permanent population which would be 20,893 for the year 2000. The maximum number
of persons residing, vacationing, and visiting the Town of Oak Island in any one day,
e.g., fourth of July, has been as high as 35,000.
2.2. GROWTH RATE
In 1990, the Town of Oak Island was not incorporated as the Town of Oak Island. It
consisted of the Town of Long Beach and the Town of Yaupon Beach. The total
population of the two towns was 4,580 and the total housing units was 5,230. The Town
of Oak Island is approximately 50% built -out and is estimated to be fully built -out by
2018 based on a population growth rate of 3.4%. The permanent population for 2005 is
estimate to be 7,793 and the seasonal population will be approximately 25,000.
2.3. JURISDICTIONAL AND MS4 SERVICE AREA
The jurisdictional town boundaries encompass approximately 9 square miles. There are
storm drainage features throughout the area, so the MS4 area coincides with the
• jurisdictional area. The town boundary is shown in Figure 2.3.1.

DRAFT #2
Figure 2.3.1 - Jurisdictional Boundary for Town of Oak Island
2.4. MS4 CONVEYANCE SYSTEM
There are 127 stormwater discharge locations identified within the Town of Oak Island,
59 of which discharge into the Davis Canal. A few of these are point discharges, but
most are sheet flow discharges from the streets leading to the canal. The largest point
discharge is located at the intersection of E. Pelican Drive and SE 401h Street.
Stormwater that drains to the ditches on Pelican Drive discharges into the Davis Canal.
A newly installed pinch type check valve prevents tidal water from backing into the
ditch. There is a series of pipes and ditches leading to 10 discharges into ponds
located between SE 59th Street and SE 715t Street. Pipes and ditches leading to the
Intracoastal Waterway convey the remaining discharges. Most of these discharges are
100 to 200 feet short of the waterway, thus providing some vegetative filtering before
discharging into the waterway.
• There are 167drop inlets, most of which are located at the eastern end of the Town, or
what was the Town of Yaupon Beach. Also in the eastern part of the Town are two
manholes located on McGlamery Street, which are for maintenance of an 18-inch
corrugated metal pipe conveying stormwater to the marsh adjacent to the
Intracoastal Waterway.
•
The Town has 13.3 miles of storm drainage pipe, including road culverts, and 19.7 miles
of designated storm drainage ditches. The maintenance of the conveyance system is
to ensure that the ditches, swales, and pipe remain free of debris.
2.5. LAND USE COMPOSITION
Land use codes are designated for each parcel. The codes are as indicated in Table
2.5.1. As can be seen from Figure 2.5.1, the major land use in terms of area is low
density residential (R20). In terms of parcel count the major land use is low density
residential (R6). This can be seen in Figure 2.5.2. The area land use is biased by a large
tract of land north of the Intracoastal Waterway and west of the Town of St. James.
The land use estimates are derived from the Town's GIS parcel coverage with zoning
designations provided for each parcel.
2

DRAFT #2
r�
2500
i
2000
N
U 1500
Q
@ I
d
Q
1000-- --
J
500 - - - ---
CR AD
•
Table 2.5.1 - Land Use Codes
R-20
Low density residential district
R-9
Moderate density residential
district
R-7500
Moderate density residential
district
R-7
Moderate density residential
district
R-6A
Higher density residential district
R-611
Higher density residential district
R-6MF
Higher density residential district
R-6MH
Higher density residential district
CB
Community business district
CR
Commercial recreation district
C-LD
Low density commercial district
AD
Airport district
OS
Open space district
Figure 2.5.1: Town Land Use by Area
CB CLD os
R20 R6A R6B R6MF R6MH R7 R7500 9
Land Use Codes
3

D RAFT #2
isFigure 2.5.2: Town Land Use by Parcel Count
on
N 5
c
N
7
O
r 4
z
0
U 3
J
W
U
Q
a 2
0
• 0
•
AD CB CLD CR OS
2.6. TMDL IDENTIFICATION
R20 R6A R6B R6MF R6M H R7 R7500 R9
LAND USE CODES
Section 303(d) (1) (C) of the Clean Water Act and the U.S. Environmental Protection
Agency's (EPA) implementing regulations (40 CFR Part 130) require the establishment
of a Total Maximum Daily Load (TMDL) for the achievement of state water quality
standards when a water body is water quality -limited. A TMDL identifies the degree of
pollution control needed to maintain compliance with standards and includes an
appropriate margin of safety. The TMDL focuses on reducing the pollutant inputs to a
level (or "load") that fully supports the designated uses of a given water body. The
mechanisms used to address water quality problems after the TMDL is developed can
include a combination of best management practices and/or effluent limits and
monitoring required through NPDES permits.
TMDL allocations have not been issued for any of the Town's receiving water bodies
described in Section 3.0 below. None of these water bodies are considered "water
quality -limited". Monitoring conducted in Davis Canal in the fall of 2002 indicated low
levels of fecal coliform, phosphorus, nitrate/nitrite, and oil and grease.
n

Town of Oak Island CAMA Land Use Plan
Land Classification Map
Conservation Classification
Conservation -Provisional
0
Limited Transition
Developed -Residential Class
Developed -Commercial Class
/\/ Second Bridge Corridor
Oak Island Town Boundaries
Water
//\v/ Streets and Roads
Watershed Boundaries
(14 digit hydrological units) 0.8. 0 0.9 1.6 1Mes
— - Extra Territorial Jurisdiction
NOTE:
ALL CAMA DEFINED AECs REGARDLESS OF
THE CLASSIFICATION SHOWN ON THE MAP
ARE CLASSIFIED AS CONSERVATION. DUE TO
MAP SCALE AND THE NEED FOR ON -SITE
VERIFICATION BY CAMP, ALL CONSERVATION
AECs ARE NOT INCLUDED ON THE MAP. THE
FINAL DETERMINATION OF ALL LAND CLAS-
SIFICATIONS IS MADE THROUGH CONCUR-
RENCE WITH THE TEXT IN THE LAND USE
PLAN, NOT THE MAP.
The preparation of this map was financed in part
through a grant provided by the North Carolina
Coastal Management Program, through funds
provided by the Coastal Zone Management Act of
197Z as amended, which is administered by the
Office of Ocean and Coastal Zone Resource
Management, National Oceanic and Atmospheric
Administration.
William B. Farris, Inc
1999

DRAFT #2
0 3. RECEIVING STREAMS
The Town of Oak Island has Atlantic Ocean beachfront on the south side that runs in an east -
west direction. On the north side is the Intracoastal Waterway and various areas with finger
creeks and salt marshes. The major water bodies are listed in Table 3.1 below and are shown
in Figure 3.1
Table 3.1
RECEIVING WATER
NAME
WATER QUALITY
CLASSIFICATION
USE SUPPORT
RATING
WATER QUALITY ISSUES
Davis Canal
SA/HQW
NR
NONE
Davis Creek
SA/HQW
NR
NONE
Intracoastal
Waterway
SA/HQW
NR
NONE
Montgomery
Slough
SA/HQW
NR
NONE
Eastern Channel
SA/HQW
NR
NONE
Denis Creek
SA/HQW
NR
NONE
Elizabeth River
SA/HQW
NR
NONE
Atlantic Ocean
N/A
NR
NONE
Dutchman Creek
Outlet Channel
SA/HQW
NR
NONE
• The Tidal Salt Water Quality Classifications used by the NCDENR are as follows:
(1) Class SC: salt waters protected for secondary recreation, fishing, aquatic life including
propagation and survival, and wildlife. All salt waters shall be classified to protect these
uses at a minimum.
(2) Class SB: salt waters protected for primary recreation, which includes swimming on a
frequent or organized basis, and all Class SC uses.
(3) Class SA: suitable for commercial shell fishing and all other tidal saltwater uses.
(4) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC
2H .0205, and which are landward of the mean high water line, and wetlands contiguous
to estuarine waters as defined by 15A NCAC 2H .0206.
All the receiving water bodies adjacent to Oak Island have an SA usage classification.
Surface waters are classified according to their best intended uses. Determining how well a
water body supports its uses (use supportstatus) is an important method of interpreting water
quality data and assessing water quality. Surface waters are rated fuiiysupporting (FS),
portiaiiysupporting (PS), or not supporting (NS). The ratings refer to whether the classified uses
of the water (i.e., aquatic life protection, primary recreation, and water supply) are being
met. For example, waters classified for fishing, aquatic life protection, and secondary
. recreation (Class C for freshwater or SC for saltwater) are rated FS if data used to determine
use support meet certain criteria. However, if these criteria were not met, then the waters
would be rated as PS or NS, depending on the degree of degradation. Waters rated PS or NS
are considered to be impaired. Waters lacking data, or having inconclusive data, are listed
f•1

DRAFT #2
•
9
as not rated (NR). The Town of Oak Island receiving waters have not been rated to date
and, therefore, are given an NR designation.
4. EXISTING WATER QUALITY PROGRAMS
Section 18 of the Town of Oak Island's Code of Ordinances, included in Appendices A and
B, is a set of Land Use Ordinances. Articles V and VI of that section address stormwater. They
include a comprehensive set of practices and prohibitions related to stormwater
management. Design standards have been developed to maximize the use of vegetative
filtering to prevent any pollutants from entering the adjacent receiving water bodies. All
residential and commercial construction in the Town of Oak Island is under CAMA rule
constraints of 15A NCAC 07H.0209 to protect against estuarine shoreline erosion and must
meet the permit requirements of the state for non -point -source stormwater drainage.
M

r�
DRAFT #2
Figure 4.1: Oak Island Water Bodies
TOWN OF OAK ISLAND
SURROUNDING WATER BODIES

DRAFT #2
49 5. PERMITTING INFORMATION
•
•
The measurable goals for the Town Of Oak Island's stormwater program are directly related
to the six elements of the Phase II permitting process. The responsible parties are listed in
table 5.1.
Table 5.1 - Responsible Parties
Measurable Elements
Contact
Contact
Phone
of Phase II
Person/Position
Organization
Voice / Fax
1. Public education and
Deputy Public
Public Works
[phone] /
outreach on stormwater
Works Director
[phone]
Impacts
2. Public involvement and
Deputy Public
Public Works
[phone] /
participation
Works Director
910 278-3400
3. Illicit discharge
Deputy Public
Public Works
[phone] /
detection and elimination
Works Director
910 278-3400
4. Construction site runoff
Fred Fulcher/ Chief
Development
[phone]/
control
Code Enforcement
Services
[phone]
Official
5. Post -construction
Fred Fulcher/ Chief
Development
[phone]/
stormwater management
Code Enforcement
Services
[phone]
in new development and
Official
redevelopment
6. Pollution prevention /
Deputy Public
Public Works
[phone] /
good housekeeping for
Works Director
[phone]
municipal operations

DRAFT #2
e
•
•
Figure 5.1 - Town of Oak Island Organization
Public Works
Public Works Director
John Olansen.
Deputy Public Works Director)
Environmental
Vacant
EMS and Fire Dept.
Fire / EMS Chief
AlEssey
Recreation
Recreation Director
Kellie Beeson
Administration
Town Manager
Dave Oles
Public Utilities
Public" Utilities Director
David Kelly
Departmental Services
Chief Code Enforcement Official
Fred,Fulcher,
6. RELIANCE ON OTHER GOVERNMENT ENTITIES
Police Dept
Police Chief
W L Ingram
The North Carolina Department of Environment and Natural Resources (NCDENR)
enforce erosion control and stormwater management. An erosion control plan for land
disturbances larger than one acre must be filed with the state at least 30 days before
beginning the land -disturbing activity and must be approved before work can begin.
The Wilmington regional office of NCDENR is the enforcing agency for the Town of Oak
Island for both erosion control and stormwater management.
7. STORMWATER MANAGEMENT PLAN
The Stormwater Management Plan is to ensure the implementation and enforce the
Stormwater Management Program (SWMP) designed to reduce the discharge of
pollutants from the Town of Oak Island to the maximum extent practicable (MEP), to
protect water quality, and satisfy the appropriate water quality requirements of the
Clean Water Act. The goal of Town is to implement a program based on the six major
elements of the NPDES Phase II general permitting requirement, which are:
■ Public education and outreach on stormwater Impacts
■ Public involvement and participation
0

DRAFT #2
■ Illicit discharge detection and elimination
• ■ Construction site runoff control
■ Post -construction stormwater management in new development and
redevelopment
■ Pollution prevention / good housekeeping for municipal operations
7.1 PUBLIC EDUCATION AND OUTREACH
What is Required?
To satisfy this minimum control measure, the Town of Oak Island needs to:
a) Implement a public education program to distribute educational materials to the
community, or conduct equivalent outreach activities about the impacts of
stormwater discharges on local water bodies and the steps that can be taken to
reduce stormwater pollution; and
b) Determine the appropriate best management practices (BMPs) and measurable
goals for this minimum control measure.
Why is it Necessary?
An informed and knowledgeable community is crucial to the success of a
stormwater management program since it helps to ensure the following:
• a) Greater support for the program as the public gains a greater understanding of
the reasons why it is necessary and important. Public support is particularly
beneficial when operators of small MS4s attempt to institute new funding
initiatives for the program or seek volunteers to help implement the program; and
•
b) Greater compliance with the program as the public becomes aware of the
personal responsibilities expected of them and others in the community, including
the individual actions they can take to protect or improve the quality of area
waters.
H

DRAFT #2
is Table 7.1: BMPs and Measurable Goals for Public Education and Outreach
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
PE 01
Distribute Owner's/
Produce and distribute 4000 copies
X
X
Deputy Public
Renter's Manual
of the Owner's and Renter's Manual
Works
Director/Advisory
Board Chairman
PE 02
Classroom
Develop an age -specific
X
Deputy Public
Education
educational program in conjunction
Works Director
with City of Southport for
Presentations at Southport
Elementary, South Brunswick middle
and high schools
PE 03
Commercial
Develop and distribute 400 copies of
X
Deputy Public
Outreach
a one page flyer that summarizes the
Works Director
discharge rohibitions for businesses
PE 04
Distribute flyer
Develop and distribute 5000 plain
X
Deputy Public
describing
language flyers that describe the key
Works Director
highlights of Illicit
elements of the Town's illicit
Discharge
discharge ordinance
Ordinance
PE 05
Develop Education
Develop an Infrastructure resource to
X
X
Deputy Public
Resources
support the public education and
Works Director
outreach program. Create Website
links and train volunteer educators
• 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION
What is Required?
To satisfy this minimum control measure, the Town of Oak Island must:
a) Comply with applicable State, Tribal, and local public notice requirements; and
b) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why is it Necessary?
EPA believes that the public can provide valuable input and assistance to a regulated
small MS4's municipal stormwater management program and, therefore, suggests that
the public be given opportunities to play an active role in both the development and
implementation of the program. An active and involved community is crucial to the
success of a stormwater management program because it allows for:
a) Broader public support since citizens who participate in the development and
decision making process are partially responsible for the program and, therefore,
may be less likely to raise legal challenges to the program and more likely to take
Isan active role in its implementation;
b) Shorter implementation schedules due to fewer obstacles in the form of public
and legal challenges and increased sources in the form of citizen volunteers;

DRAFT #2
• c) A broader base of expertise and economic benefits since the community can be
a valuable, and free, intellectual resource; and
•
d) A conduit to other programs as citizens involved in the stormwater program
development process provides important cross -connections and relationships with
other community and government programs. This benefit is particularly valuable
when trying to implement a stormwater program on a watershed basis, as
encouraged by EPA.
Table 7.2: BMPs and Measurable Goals for Public Involvement
No.
BMP
Measurable Goals
Yr
Yr
Yr `
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
PI 01
Stormwater
A Citizen Advisory board was
X
X
X
X
X-a
Deputy Public
Advisory Board
Formed November 17, 2001 and will
Works Director
hold a minimum of 6 meetings per
year
PI 02
Advisory Board
Stormwater Program Plan to be
X
Deputy Public
Review
presented to the Advisory Board for
Works Director
Review and Comment April 28, 2003
P103
Public Hearing
Town council to include Program
X
Deputy Public
Presentation during public meeting
Works Director
In June 2003
PI 04
Public Comment
Town will receive public comment
X
Deputy Public
Period
for two weeks following meeting
Works Director
PI 05
Create a
Volunteer
Use of volunteers for water quality
X
X
X
X-->
Deputy Public
Works Director
organization
monitoring will give citizens first-
hand knowledge of the quality of
local water bodies and provide a
cost-effective means of collecting
water quality data. The volunteer
organization created will be used to
help identity ouffalls, find illicit
discharges and stencil storm drains,
and assist with water quality
monitoring.
7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION
What is Required?
Recognizing the adverse effects illicit discharges can have on receiving waters, the
final rule requires the Town of Oak Island to develop, implement, and enforce an illicit
discharge detection and elimination program. This program must include the following:
a) A storm sewer system map, showing the location of all outfalls and the names
• and location of all waters of the United States that receive discharges from those
outfalls;
b) Through an ordinance or other regulatory mechanism, a prohibition (to the
12

DRAFT #2
E
extent allowable under State, Tribal, or local law) on non-stormwater discharges
into the MS4, and appropriate enforcement procedures and actions;
c) A plan to detect and address non-stormwater discharges, including illegal
dumping, into the MS4;
d) The education of public employees, businesses, and the general public about
the hazards associated with illegal discharges and improper disposal of waste;
and
e) The determination of appropriate BMPs and measurable goals for this minimum
control measure.
Why is it Necessary?
Discharges from MS4s often include wastes and wastewater from non-stormwater
sources. A study conducted in 1987 in Sacramento, California, found that almost one-
half of the water discharged from a local MS4 was not directly attributable to
precipitation runoff. Significant portions of these dry weather flows were from illicit
and/or inappropriate discharges and connections to the MS4. Illicit discharges enter
the system through either direct connections (e.g., wastewater piping either mistakenly
or deliberately connected to the storm drains) or indirect connections (e.g., infiltration
into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or
used oil dumped directly into a drain). The result is untreated discharges that
contribute high levels of pollutants, including heavy metals, toxics, oil and grease,
solvents, nutrients, viruses, and bacteria to receiving water bodies. Pollutant levels from
these illicit discharges have been shown in EPA studies to be high enough to
significantly degrade receiving water quality and threaten aquatic, wildlife, and
human health.
13

DRAFT #2
•
Table 7.3: BMPs and Measurable Goals for Illicit Discharge Detection And Elimination
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
ID 01
Inventory
Develop and maintain a GIS-based
X
X
X
X
X-+
Information
Stormwater
Inventory of the Town's stormwater
Technology
Conveyance and
conveyance and discharge system.
Administrator
discharge System
ID 02
Prepare a Storm
Using the GIS, develop and maintain
X
X
X
X
X
Information
System Map
a series of map layouts that show the
Technology
ditches, pipes, drop Inlets, and
Administrator
discharge points.
ID 03
Develop an Illicit
Develop an enforceable illicit
X
Deputy Public
Discharge
discharge ordinance as part of the
Works Director
Ordinance
Town's Codes and Ordinances.
ID 04
Develop and
Develop a monitoring strategy and
X
X
X
X
X-a
Deputy Public
implement a
map monitoring locations. Enlist a
Works Director
receiving water
certified water quality monitoring
quality monitoring
laboratory to carry out the
program
monitoring once a year and during
major rainfall events.
ID 05
Train Employees
Train employees In Public Works and
X
X
Deputy Public
Code Enforcement in how to
Works Director
recognize and report illicit
dischar es.
ID 06
Create Illicit
Create and maintain a separate
X
X
X
X->
Deputy Public
Discharge Hotline
telephone line for the public to call
Works Director
In reports of illicit discharges.
ID 07
Initial Identification
Begin the process of identifying
X
X
Deputy Public
of Illicit Discharge
potential sources from where illicit
Works Director
Sources
discharges can emanate.
7.4 CONSTRUCTION SITE RUNOFF SITE CONTROL
What is Required?
The Phase II Final Rule requires an operator of a regulated small MS4 to develop,
implement, and enforce a program to reduce pollutants in stormwater runoff to their
MS4 from construction activities that result in a land disturbance of greater than or
equal to one acre.
The small MS4 operator is required to:
a) Have an ordinance or other regulatory mechanism requiring the implementation of
proper erosion and sediment controls, and controls for other wastes, on applicable
construction sites;
b) Have procedures for site plan review of construction plans that consider potential
water quality impacts;
c) Have procedures for site inspection and enforcement of control measures;
d) Have sanctions to ensure compliance (established in the ordinance or other
regulatory mechanism);
14

DRAFT #2
C�
•
e) Establish procedures for the receipt and consideration of information submitted by
the public; and
f) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why is it Necessary?
Polluted stormwater runoff from construction sites often flows to MS4s and, ultimately, is
discharged into local rivers and streams. Of the pollutants listed in Table 7.4.1, sediment
is usually the main pollutant of concern. Sediment runoff rates from construction sites
are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000
times greater than those of forestlands. During a short period of time, construction sites
can contribute more sediment to streams than can be deposited naturally during
several decades. The resulting siltation, and the contribution of other pollutants from
construction sites, can cause physical, chemical, and biological harm to our nation's
waters. For example, excess sediment can quickly fill rivers and lakes, requiring
dredging and destroying aquatic habitats. Table 7.4.1 also list some erosion control
measures that can be implemented to reduce pollution from stormwater runoff. Some
of these control measures can be retained as post construction control measures.
Table 7.4.1: Construction Site Pollution and Erosion Control
Pollutants Commonly Discharged
From Construction Sites
Commons Types of Erosion
Control Measures
Sediment
Rock Construction Entrances
Solid and sanitary wastes
Silt Fences
Phosphorous (fertilizer)
Inlet Protection
Nitrogen (fertilizer)
Diversion Ditches
Pesticides
Sediment Traps
Oil and grease
Rock Dams
Concrete truck washout
Sediment Basins
Outlet Protection
Stabilization
Excelsior Mat
Sod
Rip Rap Lined Channels
Dust Control and Sand Fences
15

DRAFT #2
0 Table 7.4.2: BMPs and Measurable Goals for Construction Site Runoff Control
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
CS 01
Town Implements
Town implements and enforces
X
X
X
X
X-).
Chief Code
Ordinance
construction site stormwater runoff
Enforcement
and erosion control. Stormwater
Official
control requirements are described
in Sections 18-651 through 18-662 of
the Town's Ordinances.
CS 02
Manual of
In accordance with Section 18-660
X
Deputy Public
stormwater
of the Town's Ordinance, a Manual
Works Director
management
of Stormwater Management
practices
Practices will be developed.
CS 03
Staff Training
Develop a training program for
X
Deputy Public
Code Enforcement staff to identity
Works Director
stormwater and erosion control
violations.
7.5 POST -CONSTRUCTION RUNOFF SITE CONTROL
What is Required?
The Phase II Final Rule requires an operator of a regulated small MS4 to develop,
implement, and enforce a program to reduce pollutants in post -construction runoff to
the MS4 from new development and redevelopment projects that result in the land
disturbance of greater than or equal to 1 acre. The small MS4 operator is required to:
a) Develop and implement strategies that include a combination of structural
and/or non-structural BMPs;
b) Have an ordinance or other regulatory mechanism requiring the implementation
of post -construction runoff controls to the extent allowable under State, Tribal or
local law,
c) Ensure adequate long-term operation and maintenance of controls;
d) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why is it Necessary?
Post -construction stormwater management in areas undergoing new development or
redevelopment is necessary because runoff from these areas has been shown to
significantly effect receiving water bodies. Many studies indicate that prior planning
and design for the minimization of pollutants in post -construction stormwater
discharges is the most cost-effective approach to stormwater quality management.
There are generally two forms of substantial impacts of post -construction runoff. The
is first is caused by an increase in the type and quantity of pollutants in stormwater
runoff. As runoff flows over areas altered by development, it picks up one or more of
the pollutants listed in table 4.1. These pollutants often become suspended in runoff
16

DRAFT #2
and are carried to receiving waters, such as lakes, ponds, and streams. Once
•
deposited, these pollutants can enter the food chain through small aquatic life,
eventually entering the tissues of fish and humans. The second kind of post
construction runoff impact occurs by increasing the quantity of water delivered to the
water body during storms. Increased impervious surfaces interrupt the natural cycle of
gradual percolation of water through vegetation and soil. Instead, water is collected
from surfaces such as asphalt and concrete and routed to drainage systems where
large volumes of runoff quickly flow to the nearest receiving water. The effects of this
process include stream bank scouring and downstream flooding, which often lead to
a loss of aquatic life and damage to property.
40
Table 7.5: BMPs and Measurable Goals for Post Construction Site Runoff Control
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr'
Responsible
1
2
3
4
5
Position/Party
PC 01
Town Implements
Sections 18-651 through 18-662 of
X
X
X
X
X
Deputy Public
Ordinance
the Town's Ordinances require that
Works
the developer provide a stormwater
Director/Advisory
management plan to show that
Board Chairman
stormwater runoff and erosion are
controlled.
PC 02
Develop a manual
A manual of innovative BMPs will be
X
Deputy Public
of Post Construction
developed for Structural and Non-
Works Director
BMPs
Structural BMPs to ensure sound
Stormwater management
PC 03
Developer
Develop and implement a program
X
Deputy Public
Outreach
for developers on Stormwater
Works Director
Management Importance and BMPs
7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING
What is Required?
Recognizing the benefits of pollution prevention practices, the rule requires an
operator of a regulated small MS4 to:
a) Develop and implement an operation and maintenance program with the
ultimate goal of preventing or reducing pollutant runoff from municipal
operations into the storm sewer system;
b) Include employee training on how to incorporate pollution prevention/good
housekeeping techniques into municipal operations, such as park and open
space maintenance, fleet and building maintenance, new construction and land
disturbances, and stormwater system maintenance. To minimize duplication of
effort and conserve resources, the MS4 operator can use training materials that
are available from EPA, State or Tribe, or relevant organizations;
c) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
is
Why is it Necessary?
The pollution prevention/good housekeeping for municipal operations minimum
17

DRAFT #2
control measure is a key element of the small MS4 stormwater management program.
is
This measure requires small MS4 operators to examine and subsequently alter their own
actions to help ensure a reduction in the amount and type of pollution that:
•
•
a) collects on streets, parking lots, open spaces, and storage and vehicle
maintenance areas, and is discharged into local waterways; and
b) results from actions such as environmentally damaging land development and
flood management practices or poor maintenance of storm sewer systems. While
this measure is meant primarily to improve or protect receiving water quality by
altering municipal or facility operations, it also can result in a cost savings for the
small MS4 operator, since proper and timely maintenance of storm sewer systems
can help avoid repair costs from damage caused by age and neglect.
Table 7.6: BMPs and Measurable Goals for Pollution Prevention/Good Housekeeping
No.
`. BMP
Measurable Goals `
Yr
Yr
Yr
Yr
Yr
Responsible .
1
2
3
4
5
Position/Party
PP O1
BMPs for Town
Develop a set of BMPs for the Town's
X
Deputy Public
Operation and
operation and maintenance.
Works
maintenance
PP 02
Employee Training
Develop and implement training to
X
Deputy Public
Increase stormwater awareness and
Works Director
the Town's operational
responsibilities.
PP 03
Distribute flyer
Develop and distribute 5,000 plain
X
X
Deputy Public
describing
language flyers that describe the key
Works Director
highlights of Illicit
elements of the Town's illicit
Discharge
discharge ordinance.
Ordinance
PP04
Information
Develop and implement a program
X
Deputy Public
Management
to locate, identify, and report
Works Director
stormwater problem areas and
Issues.
PP05
Map problem
Incorporate the information
X
Information
areas
collected on the Town's stormwater
Technology
problem areas into the Town's GIS.
Administrator
am

DRAFT #2
•
•
APPENDIX A
TOWN OF OAK ISLAND, NC
STORMWATER MANAGEMENT ORDINANCE
Appendix A - 1

DRAFT #2
Sec. 18-651. Short title.
This article shall be known as the Stormwater Management Ordinance for Oak Island, North
Carolina.
(Ord. of 6-12-2001, ch. 4, § 1.0)
Sec. 18-652. Findings of facts.
The town council finds that uncontrolled drainage development of land could have a significant
adverse impact upon the health, safety, and welfare of the community. More specifically:
1) Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality
and effect in closures of shell -fishing waters;
2) The increase in nutrients such as phosphorus and nitrogen accelerates eutrophication of
receiving waters, adversely affecting flora and fauna;
3) Improperly channeling water increases the velocity of runoff, thereby increasing erosion and
sedimentation;
4) Construction requiring the alteration of natural topography and removal of vegetation tends
to cause a loss of natural recharge areas and increase erosion;
5) Siltation of water bodies resulting from increased erosion decreases their capacity to hold
• and transport water, and harms flora and fauna;
6) Impervious surfaces increase the volume and rate of Stormwater runoff and allow less water
to percolate into the soil, thereby decreasing groundwater recharge;
7) Improperly managed stormwater runoff can increase the incidence of flooding and the' level
of floods, which occur, endangering property and human life;
8) Improperly managed stormwater runoff can interfere with the maintenance of optimum
salinity in estuarine areas, thereby disrupting biological productivity;
9) Substantial economic losses result from these adverse impacts on community waters;
10) Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
(Ord. of 6-12-2001, ch.4, § 2.0)
•
Appendix A - 2

D RAFT #2
Sec. 18-653. Objectives of article.
In order to protect, maintain, and enhance both the immediate and the long-term health,
safety, and general welfare of the citizens of the town, this article has the following objectives:
1) Encourage productive and enjoyable harmony between humanity and nature;
2) Protect and maintain the chemical, physical and biological integrity of wetland ponds and
waters of Davis Canal, the inland waterway, and Atlantic Ocean;
3) Prevent individuals and organizations from causing harm to the community by activities,
which adversely affect water resources;
4) Encourage the construction of drainage systems, which aesthetically and functionally
approximate natural systems;
5) Encourage the protection of natural systems and the use of them in ways which do not
impair their beneficial functioning;
6) Minimize the transport of pollutants to area surface waters;
7) Maintain groundwater levels;
8) Protect and maintain natural salinity levels in estuarine areas;
0 9) Minimize erosion and sedimentation;
10) Prevent damage to wetlands;
11) Prevent damage from flooding, while recognizing that natural fluctuations in water levels are
beneficial;
12) Protect and maintain the habitat of fish and wildlife; and
13) Ensure the attainment of these objectives by requiring the approval and implementation of
stormwater management plans for all activities, which may have an adverse impact upon
community waters.
(Ord. of 6-12-2001, ch. 4, § 3.0)
is
Appendix A - 3

F:T:Y
S Sec. 18-654. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Adverse impacts means any modifications, alterations, or effects on a feature or characteristic
of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area,
species composition, living resources, aesthetics, or usefulness for human or natural uses which
are or may potentially be harmful or injurious to human health, welfare, safety, or property to
biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment
of life or property, including outdoor recreation. The term includes secondary and cumulative as
well as direct impacts.
Clearing means the cutting and removal of trees and brush from the land, but shall not include
the ordinary mowing of grass.
Detention means the collection and storage of surface water for subsequent gradual
discharge.
Developermeans any person who engages in development either as the owner or as the
agent of an owner of property.
Developmentand development activity mean:
• 1) The construction, installation, alteration, demolition or removal of a structure,
impervious surface, or drainage facility;
2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or
3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or otherwise significantly disturbing the soil, mud, sand or rock
of a site.
Drainage facilitymeans any component of the drainage system.
Drainage system means the system through which water flows from the land. It includes all
watercourses, water bodies and wetlands.
Erosion means the wearing or washing away of soil by the action of wind or water.
Flood means a temporary rise in the level of any water body, watercourse or wetland, which
results in the inundation of areas not ordinarily covered by water.
Grubbing means the removal and disposal of stumps and roots of vegetation.
Impervious surface means a surface, which has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes semi -impervious surfaces
such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots, and other similar structures, etc., but not including decking.
Natural systems means systems which predominantly consist of or use those communities of
plants, animals, bacteria, and other flora and fauna that occur indigenously on the land, in the
soil, or in the water.
Appendix A - 4

DRAFT #2
Ownermeans the person in whom is vested the fee ownership, dominion, or tide of property, i.e.,
the proprietor. This term may also include a tenant, if chargeable under his lease for the
maintenance of the property, and any agent of the owner or tenant,. including a developer.
Person means any and all persons, natural or artificial, and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership, association, two or
more persons having a joint or common interest, or any other legal entity.
Predeveiopmentconditions means those conditions that existed before alteration, resulting from
human activity, of the natural topography, vegetation, and rate, volume or direction of surface
water or groundwater flow, as indicated by the best available historical data.
Receiving bodies of watermeans any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in manmade ditches, or in a closed conduit system.
Redevelopment means any rebuilding activity which has no net increase in built -upon area or
which provides equal or greater stormwater control than the previous development.
Retention means the collection and storage of runoff without subsequent discharge to surface
waters.
Sediment means fine particulate material, whether mineral or organic, that is in suspension or
has settled in a water body.
Sedimentation faciiitymeans any structure or area that is designed to hold runoff water until
suspended sediments have settled.
Site means any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land,
which are in one ownership, or are contiguous and in diverse ownership, where development is
to be performed as part of a unit, subdivision, or project.
Stormwatermanagementpian means the detailed analysis required by section 18-656 for each
activity described in section 18-655.
Structure means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner,
but shall not include fences or signs.
Subdivide means to divide the ownership of a parcel of land, whether improved or unimproved,
into two or more contiguous lots or parcels of land, whether by reference to a plat, by metes
and bounds, or otherwise, in accordance with the town regulations.
Vegetation means all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
Waterbodymeans any natural or artificial pond, lake, reservoir, or other area which ordinarily or
intermittently contains water and which has a discernible shoreline.
Watercourse means any natural or artificial stream, river, creek, channel, ditch canal, conduit,
culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a
definite direction, either continuously or intermittently, and which has a definite channel, bed, or
• banks.
Appendix A - 5

DRAFT #2
Watersand community of waters mean any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body, or drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the surface
of the ground, as well as coastal waters.
Watershedmeans a drainage area or drainage basin contributing to the flow of water in a
receiving body of water.
Wetiandsmeans those areas where:
1) The soil is ordinarily saturated with water;
2) The dominant plant community is one or more of those species designated by the U.S.
Army Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or
3) The presence of one or more of those plant species designated by the state division of
coastal management as identifying coastal wetlands or the transitional zone of coastal
wetlands.
(Ord. of 6-12-2001, ch. 4, § 4.0)
is
0
Appendix A - 6

DRAFT #2
is Sec. 18-655. Applicability of article provisions.
1) All development occurring after the effective date of the ordinance from which this article is
derived within the Town must comply with minimum stormwater control standards. All
development must provide appropriate infiltration devices to control runoff of the first 1.5
inches of rainfall or less from all impervious surfaces on site. Flow from gutters and
downspouts shall be diverted to dry wells or porous drainpipes in rock envelope. For
structures without gutters and downspouts, gravel infiltration beds under roof overhangs shall
be provided. Typical designs of appropriate systems are provided for guidance in the
manual of stormwater management practices (see Section 18-660). Applicants are
encouraged to submit alternative management plans that meet the requirements of this
article.
2) Unless exempted pursuant to subsection (c) of this section or granted a variance pursuant to
subsection (d) of this section, a stormwater management plan must be submitted and
approved before:
3) A plat is recorded or land is subdivided.
4) An existing drainage system is altered, rerouted, or deepened.
5) A building permit is issued.
6) Development is commenced.
7) Exemptions. The following development activities are exempt from the stormwater
management plan requirement:
8) Agricultural activity not involving the artificial drainage of land;
9) Any maintenance, alteration, use, or improvement to an existing structure not changing or
affecting quality, rate, volume, or location of surface water discharge, and meets the
requirements of redevelopment.
10) Variances. The Town may grant a written variance from any requirement of this article using
the following criteria:
11) There are special circumstances applicable to the subject property of its intended use; and
12) The granting of the variance will not:
a) Significantly increase or decrease the rate or volume of surface water runoff;
b) Have a significant adverse impact on an area "404 wetland" watercourse or water body;
c) Significantly contribute to the degradation of water quality;
• d) Otherwise significantly impair attainment of the objectives of this article.
(Ord. of 6-12-2001, ch. 4, § 5.0)
Appendix A - 7

DRAFT #2
SSec. 18-656. Contents of the stormwater management plan.
1) It is the responsibility of an applicant to include in the stormwater management plan
sufficient information for the town or its agents to evaluate the environmental characteristics
of the affected areas, the potential and predicted impacts of the proposed activity on area
surface waters, and the effectiveness and acceptability of those measures proposed by the
applicant for reducing adverse impacts. The stormwater management plan shall contain
maps, charts, graphs, tables, photographs, narrative descriptions and explanations, and
citations to supporting references, as appropriate, to communicate the information required
by this section.
2) A stormwater management plan for a single-family or duplex residence shall include the
following:
a) Name, address, and telephone number of the owner and developer/builder.
b) A sketch plan of the property showing its location with reference to such landmarks as
major water bodies, adjoining roads, and subdivisions.
c) Location of floodplains.
d) Location of existing vegetation.
e) Show new work on the sketch plan including
0 i) Areas where vegetation will be cleared or otherwise killed.
ii) Areas that will be covered with an impervious surface, and description of the
surfacing material.
iii) Size and location of any buildings or other structures.
Show in general the location of the septic tank and disposal field.
iv) Show in general the direction including any channels and quantity of stormwater that
will be collected on the site.
v) Show the proposed infiltration system including the location, size, and volume of
storage provided.
3) The stormwater management plan for commercial development and major residential
development shall contain the following:
a) The name, address, and telephone number of the owner and the developer.
b) Legal description of the property.
c) Location with reference to such landmarks as major water bodies, adjoining roads, or
subdivisions, which should be identified by a map.
d) The existing environmental and hydrologic conditions of the site and of receiving waters
and wetlands shall be described in detail, including the following:
Appendix A - 8

DRAFT #2
i) The direction, flow rate, and volume of stormwater runoff under existing conditions
is and, to the extent practicable, predevelopment conditions;
ii) The location of areas on the site where stormwater collects or percolates into the
ground;
iii) A description of all watercourses, water bodies and wetlands on or adjacent to the
site or into which stormwater flows. Information regarding their water quality and the
current water quality classification, if any, given them by the state division of
environmental management (NCDEM) shall be included;
iv) Groundwater levels, including seasonal fluctuations;
v) Location of floodplains;
vi) Vegetation;
vii) Topography to a minimum of two -foot intervals;
viii) Soils as shown on the USDA Soil Survey of Brunswick County.
e) Proposed alterations of the site shall be described in detail, including:
4) Changes in topography;
5) Areas where vegetation will be cleared or otherwise killed;
to6) Areas that will be covered with an impervious surface and a description of the surfacing
material;
7) The size and location of any buildings or other structures;
8) Predicted impacts of the proposed development on existing conditions shall be described in
detail, including:
a) Changes in water quality;
b) Changes in groundwater levels;
c) Impacts on wetlands; and
d) Impacts on vegetation.
e) All components of the drainage system and any measures for the detention, retention, or
infiltration of water or for the protection of water quality shall be described in detail,
including:
9) The channel, direction, flow rate, volume, and quality of stormwater that will be conveyed
from the site; with a comparison, compared to existing conditions and, to the extent
practicable, predevelopment conditions;
10) Detention and retention areas, including plans for the discharge of contained waters,
0 maintenance plans, and predictions of water quality in those areas;
Appendix A - 9

DRAFT #2
• 11) Areas of the site to be used or reserved for percolation including a prediction of the impact
on groundwater quality;
12) A plan for the control of erosion and sedimentation which describes in detail the type and
location of control measures, the stage of development at which they will be put into place
or used, and provisions for their maintenance;
13) Any other information that the developer or the town or its agents believes is reasonably
necessary for an evaluation of the development.
(Ord. of 6-12-2001, ch. 4, § 6.0)
•
•
Appendix A - 10

DRAFT #2
• Sec. 18-657. Procedures and fees.
1) Any person planning a development shall submit a stormwater management plan or an
application for a variance to the town.
2) A permit fee will be collected at the time the stormwater management plan is submitted
and will reflect the cost of administration and management of the permitting process. The
town shall establish, by resolution, a prorated fee schedule based upon the relative
complexity of the project. The fee schedule may be amended from time to time by the town
council by resolution.
3) Within 30 days after submission of the completed stormwater management plan, the town
shall approve, with or without specified conditions or modifications, or reject the plan and
shall notify the applicant accordingly. If the town has not rendered a decision within 30 days
after plan submission, it shall inform the applicant of the status of the review process and the
anticipated completion date. If the plan is rejected or modified, the town shall state its
reasons. However, it is not the responsibility of the town or its designated agent to design an
acceptable project.
4) The stormwater management plan shall not be approved unless it clearly indicates that the
proposed development will meet the performance standards described in section 18-658
and the design standards described in section 18-659, except where a variance has been
granted pursuant to section 18-655(d), or where off -site management is approved pursuant
• to section 18-660.
5) No stormwater management plan may be approved without adequate provision for
inspection of the property before development activity commences. The applicant shall
arrange with the town's building inspector or his designated representative for scheduling
the following inspections:
a) Initial inspection: Prior to approval of the stormwater management plan;
b) Bury inspection: Prior to burial of any underground drainage structure;
c) Erosion control inspection: As necessary to ensure effective control of erosion and
sedimentation;
d) Finish inspection: When all work including installation of all drainage facilities has been
completed.
6) The town building inspector or his designated agent shall inspect the work and shall either
approve it or notify the applicant in writing in what respects there has been a failure to
comply with the requirements of the approved stormwater management plan. The
applicant shall promptly correct any portion of the work that does not comply or the
applicant will be subject to the penalty provisions of section 18-662.
7) Any person aggrieved by the action of any official charged with the enforcement of this
article, as the result of the disapproval of a properly filed application for a permit, issuance of
• a written notice of violation, or an alleged failure to properly enforce this article in regard to
a specific application shall have the right to appeal the action to the town council. The
appeal shall be filed in writing within 30 days of the date of official transmittal of the final
decision or determination to the applicant, shall state clearly the grounds on which the
Appendix A - 11

D RAFT #2
• appeal is based, and shall be processed in the manner prescribed for hearing administrative
appeals under local and state statutes.
(Ord. of 6-12-2001, ch. 4, § 7.0)
Sec. 18-658. Performance standards.
The stormwater management plan must demonstrate the proposed development or activity has
been planned and designed and will be constructed and maintained to meet each of the
following standards:
1) Ensure that after development, runoff from the site approximates the rate of flow, volume
and timing of runoff that would have occurred following the same rainfall under existing
conditions and, to the extent practicable, predevelopment conditions;
2) Maintain the natural hydrodynamic characteristics of the watershed;
3) Protect or restore the quality of groundwaters and surface waters;
4) Ensure that erosion during and after development is minimized;
5) Protect groundwater levels;
6) Protect the beneficial functioning of wetlands as areas for the natural storage of surface
• waters and the chemical reduction and assimilation of pollutants;
7) Prevent increased flooding and damage that results from improper location, construction
and design of structures in areas which are presently subject to an unacceptable danger of
flooding;
is
8) Prevent or reverse salt water intrusion;
9) Protect the natural fluctuating levels of salinity in estuarine areas;
10) Protect the integrity of natural inter-dunal trough groundwater recharge areas;
11) Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat;
12) Otherwise further the objectives of this article.
(Ord. of 6-12-2001, ch. 4, § 8.0)
Appendix A - 12

DRAFT #2
• Sec. 18-659. Design standards.
To ensure attainment of the objectives of this article, and to ensure that performance standards
will be met, the design, construction, and maintenance of drainage systems shall be consistent
with the following standards:
1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead, runoff shall
be routed through vegetated swales and other systems designed to increase time of
concentration, decrease velocity, increase filtration, allow suspended solids to settle, and
remove pollutants.
2) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened,
straightened, stabilized or otherwise altered. Water shall be retained or detained before it
enters any natural watercourse in order to preserve the natural hydrodynamics of the
watercourse and to prevent siltation or other pollution.
3) The area of land disturbed by development shall be as small as practicable. An adequate
barrier from construction activity shall protect the areas that are not to be disturbed.
Whenever possible, natural vegetation shall be retained and protected.
4) No grading, cutting or filling shall be commenced until erosion and sedimentation control
devices have been installed between the disturbed area and water bodies, watercourses
and wetlands.
5) Land that has been cleared for development and upon which construction has not
commenced shall be protected from erosion by appropriate techniques designed to
revegetate the area.
6) Sediment shall be retained on the site of the development.
7) Wetlands and other water bodies shall not be used as sediment traps during development.
8) Erosion and sedimentation facilities shall receive regular maintenance to ensure that they
continue to function properly.
9) Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is
low enough to prevent erosion.
10) Vegetated buffer strips shall be created or, where practicable, retained in their natural state
along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall
be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the
water body, and allow for periodic flooding without damage to structures. A 30-foot buffer is
required by CAMA rules (15A NCAC 07H.0209) for all coastal shorelines.
11) Intermittent watercourses, such as swales, shall be vegetated.
12) Retention and detention ponds shall he used to retain and detain the increased and
accelerated runoff which the development generates. Water shall be released from
detention ponds into watercourses or wetlands at a rate and in a manner approximating the
• natural flow which would have occurred before development.
13) The first 1.5 inch of runoff from impervious surfaces shall be retained on the site of the
development. Where site conditions, such as soil conditions and slope permit, the use of
Appendix A - 13

DRAFT #2
•
preserved woods and other on -site vegetated areas for on -site stormwater containment
areas in lieu of construction of devices is encouraged. The vegetated area must meet the
calculations contained in the Stormwater Management Manual.
14) Detention and retention areas shall be designed so that shorelines are sinuous rather than
straight and so that length of shoreline is maximized, thus offering more space for the growth
of littoral vegetation.
15) The banks of detention and retention areas shall slope at a gentle grade into the water as a
safeguard against drowning, personal injury or other accidents, to encourage the growth of
vegetation and to allow the alternate flooding and exposure of areas along the shore as
water levels periodically rise and fall.
16) The use of drainage facilities and vegetated buffer zones as open space, recreation and
conservation areas shall be encouraged.
(Ord. of 6-12-2001, ch. 4, § 9.0)
Appendix A - 14

DRAFT #2
• Sec. 18-660. Manual of stormwater management practices.
n
t�
•
1) The town shall compile a manual of stormwater management practices for the guidance of
persons preparing stormwater management plans, and designing or operating drainage
systems. The manual shall be updated periodically to reflect the most current and effective
practices and shall be made available to the public.
2) The manual shall include guidance and specifications for the preparation of stormwater
management plans. Acceptable techniques for obtaining, calculating and presenting the
information required in the stormwater management plans shall be described.
3) The manual shall include guidance in the selection of environmentally sound practices for
the management of stormwater and the control of erosion and sediment. Specific
techniques and practices shall be described in detail. The development and use of
techniques that emphasize the use of natural systems shall be encouraged.
4) The manual shall also establish minimum specifications for the construction of drainage
facilities. Construction specifications shall be established in accordance with current good
engineering practices.
5) The building inspector shall submit the manual and subsequent revisions of it to the town
council and planning board for review and approval.
(Ord. of 6-12-2001, ch. 4, § 10.0)
Appendix A - 15

DRAFT #2
• Sec. 18-661. Maintenance.
The owner shall grant to the town the right to enter to inspect and, if necessary, to take
corrective action should the owner fail to properly maintain the system. Before taking corrective
action, the town shall give the owner written notice of the nature of the existing defects. If the
owner fails within 30 days from the date of notice to commencement corrective action or to
appeal the matter to the town council, the town may take necessary corrective action, the cost
of which shall become a lien on the real property until paid.
(Ord. of 6-12-2001, ch. 4, § 11.0)
Sec. 18-662. Enforcement of article provisions.
1) Nuisance. Any development activity that is commenced without prior approval of a
stormwater management plan or is conducted contrary to an approved stormwater
management plan, as required by this article, shall be deemed a public nuisance and may
be restrained by injunction or otherwise abated in a manner provided by law.
2) Civil and criminal Pena/ties. In addition to or as an alternative to any penalty provided in this
section or by law, any person who violates the provisions of this article shall be punished in
accordance with section 1-7. Such person shall be guilty of a separate offense for each day
during which the violation occurs or continues.
3) Restoration,- liens. Any violator may be required to restore land to its undisturbed condition. If
restoration is not undertaken within a reasonable time after notice, the town may take
necessary corrective action, the cost of which shall become a lien upon the property until
paid.
4) Notice of violation. When the town building inspector determines that development activity
is not being carried out in accordance with the requirements of this article, he shall issue a
written notice of violation to the owner of the property. The notice of violation shall contain
the following:
a) The name and address of the owner or applicant;
b) The street address when available or a description of the building structure, or land upon
which the violation is occurring;
c) A statement specifying the nature of the violation;
d) A description of the remedial actions necessary to bring the development activity into
compliance with this article and a time schedule for completion of such remedial action;
e) A statement of the penalties that shall or may be assessed against the person to whom
the notice of violation is directed;
f) A statement that the town's determination of violation may be appealed to the town
council by filing a written notice of appeal within 15 days of service of notice of violation.
i) Service of notice. The notice of violation shall be served upon the person to whom it is
directed either personally, in the manner provided for personal service of notices by
the court of local jurisdiction or by mailing a copy of the notice of violation by
Appendix A - 16

DRAFT #2
certified mail, postage prepaid, return receipt requested, to such person at his last
known address.
ii) Determination; appeal. A notice of violation issued pursuant to this section constitutes
a determination from which administrative appeal may be taken to the town
council.
(Ord. of 6-12-2001, ch. 4, § 12.0)
Secs. 18-663--18-700. Reserved.
•
•
Appendix A - 17

DRAFT #2
•
1-1
•
APPENDIX 6
TOWN OF OAK ISLAND, NC
ILLICIT DISCHARGE ORDINANCE
Appendix B - 1

DRAFT #2
s
April 10, 2002
April 15, 2002 Updated
Billy Fincher, Stormwater Administrator
Town of Oak Island Public Utilities Department
4601 East Oak Island Drive
Oak Island, NC 28465
RE: Proposed Illicit Storm Water Discharge Ordinance
Dear Billy Fincher:
McKim & Creed 17630008 (10)
I am pleased to provide you a grammatically corrected version of the Proposed Town of Oak
Island Illicit Storm Water Discharge Ordinance, which has been developed and formalized
through great assistance of the Public Storm Water Committee Members. Enclosed for your use
are six (6) bound copies and 15 stapled copies for the ordinance.
This submittal is for your submission to your Planning Department, to receive their
recommendations, and subsequent continuance of Adoption protocol. By copy of this letter,
'James Rosich is provided this latest proposed document for review, and comment. The
Proposed Ordinance is a result of the assistance received through the North Carolina Division of
Coastal Management (DCM) Grant, Contract Number S02057, including direction from James E
Rosich, AICP, DCM.
This has been a pleasure working with the Committee on this notable project. Theirs and your
many contributions, and readings have provided this note worthy progress.
Please free to contact myself with any additional comments, or needs. I thank you for your
personal investment of time and energy.
Sincerely,
McKim & Creed, PA
Gregory J Hetzler, PE
Planner -in -Charge for DCM
Senior Project Manager
cc: James E Rosich, AICP w/encl
Linda Faulkner -Vaughn, Public Relations McKim & Creed, PA w/encl
John Olansen, Director of Public Works w/encl
Public Storm Water Committee Members w/encl
o Sheila M Bell, Ken Scott, Michael P McCabe, Thomas C Shaynock, Jim Boney
Appendix B - 2

� TOWN OF OAK ISLAND
ILLICIT STORM WATER DISCHARGE
ORDINANCE
•
0
The preparation of this document was financed in part
through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the
Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resources
Management, National Oceanic and Atmospheric
Administration.
ILLICIT STORM WATER DISCHARGE ORDIANCE
TOWN OF OAn ISLAND
Appendix B - 3

DRAFT #2
•
SECTION
PAGE
CHAPTER
- ILLICIT STORM WATER DISCHARGE ORDINANCE ..........
5
SECTION 1.0:
SHORT TITLE.....................................................................................................
5
SECTION2.0:
DEFINITIONS....................................................................................................5
SECTION3.0:
FINDINGS OF FACTS......................................................................................
8
SECTION4.0:
OBJECTIVES....................................................................................................8
SECTION5.0:
APPLICABILITY................................................................................................9
SECTION 6.0:
RESPONSIBILITY FOR ADMINISTRATION......................................................
10
SECTION 7.0:
ULTIMATE RESPONSIBILITY...........................................................................
10
SECTION 8.0:
WATERCOURSE PROTECTION.....................................................................
10
SECTION 9.0:
REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES ..............
11
SECTION 10.0:
PERMITTED DISCHARGE ACTIVITY..............................................................
11
SECTION 11.0:
DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE .......
11
SECTION 12.0:
MONITORING OF DISCHARGE...................................................................12
SECTION 13.0:
SUSPENSION OF STORM WATER DRAIN ACCESS.....................................12
•
SECTION 14.0:
NOTIFICATION OF SPILLS.............................................................................13
SECTION 15.0:
ENFORCEMENT............................................................................................
13
SECTION 16.0:
APPEAL OF NOTICE OF VIOLATION...........................................................
14
SECTION 17.0:
ENFORCEMENT MEASURES AFTER APPEAL ...............................................
14
SECTION 18.0:
INJUNCTIVE RELIEF.......................................................................................
14
SECTION 19.0:
ALTERNATIVE COMPENSATORY ACTION ..................................................
15
SECTION 20.0:
VIOLATIONS DEEMED A PUBLIC NUISANCE ..............................................
15
•
SECTION 21.0: CRIMINAL PROSECUTION........................................................................... 15
SECTION 22.0: REMEDIES NOT EXCLUSIVE..........................................................................15
SECTION 23.0: SEVERABILITY................................................................................................15
SECTION 24.0: ADOPTION OF ORDINANCE...................................................................... 15
Appendix B - 4

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• CHAPTER
ILLICIT STORM WATER DISCHARGE ORDINANCE
SHORT TITLE
This ordinance shall be known as the "Illicit Storm Water Discharge Ordinance for the Town of
Oak Island, North Carolina."
DEFINITIONS
Unless specifically defined below, words or phrases shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most effective application.
Words used in singular shall include the plural and the plural the singular, words used in the present
tense shall include the future tense. The word "shall" denotes mandatory and not discretionary; the
word "may" is permissive.
Adverse Impacts: Any modifications, alterations or effects on a feature or characteristic of
community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species
composition, living resources, aesthetics or usefulness for human or natural uses which are or may
potentially be harmful.
Authorized Enforcement Agency: Employees or designees of the Town of Oak Island.
Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and education practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. & 1251 et. seq.), and any
subsequent amendments thereto.
Community of Waters: See Waters.
Connection: Any physical common joining including devices that are natural, constructed, installed,
fabricated, shaped, redirected, sloped, pumped, drained connection including methods by artificial or
natural means, and located either above surface, at surface, or sub -surface locations, and from either
indoor, outside, and moveable sources of origination and including spills.
Construction Activity. Activities subject to NPDES Construction Permits. These include
construction permits resulting in land disturbance of 1 acre or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
Drainage Facility: Any component of the drainage system.
Drainage System: System through which water flows from the land, including piping,
watercourses, water bodies, and wetlands.
Excluded Storm Water System Discharge Category: The following categores of potenLiar
discharges to the storm water system are not to be considered as illegal discharges, except if in the
judgment of the Town of Oak Island, activities under these categories, or the categories, are
significant contributors of pollutants:
1. Water Line Flushing
2. Landscape and Lawn Irrigation Water
3. Diverted Stream Flows
4. Rising Ground Waters
5. Uncontaminated Ground Water Infiltration (as defined at 40 CFR 35.2005(20))
6. Uncontaminated Pumped Ground Water
7. Discharges from Potable Water Sources
• 8. Air Conditioning Condensation
9. Springs
Appendix B - 5

TOWN OF OAK ISLAND
STORMWATER PROGRAM
10. Water from Crawl Space Pumps
40 11. Individual Residential Car Washing
12. Flows from Riparian Habitats and Wetlands
13. De -chlorinated Swimming Pool Discharges
14. Street Wash Water
15. Foundation or Footing Drains (not including active groundwater dewatering systems)
16. Other Water Source Discharge Not Containing Pollutants
17. Discharges or Flows from Fire Fighting Activities Only Need to be Addressed Where They
Are Identified as Significant Sources of Pollutants
Flood: Temporary rise in the level of any water body, watercourse or wetland which results in the
inundation of areas not ordinarily covered by water.
Hazardous Materials: Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical or infectious characteristics may cause,
or significantly contribute to, a substantial present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
Illicit Connection: Any unlawful connection, which allows the discharge of non-stormwater to the
Stormwater conveyance system or waters of the State in violation of this Ordinance, regardless of
whether said conveyance system or connection had been previously allowed, permitted, or approved
by the Town of Oak Island or, including whether any conveyance system or connection to the storm
water drain system which has not been documented in plans, maps, or equivalent records and
approved by the Town of Oak Island for a private, residential, commercial, industrial or public land
use.
Illegal Discharge: Any unlawful direct or indirect non -storm water discharge, disposal, placement,
emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any
substance other than storm water into the Municipal Separate Storm Sewer System (MS4), that is not
composed entirely of storm water and, except discharges pursuant to a current NPDES Permit,
discharges resulting from fire fighting activities, and excluded discharge categories, such that the
substance is likely to reach a storm water conveyance or the waters of the State. These Illicit Storm
Water Discharges may include earth, fluid, solid, gas, or other substances, other than storm water,
provided that non -storm water discharges associated with an Excluded Storm Water System
Discharge Category may significantly impact water quality.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.23 (b)(14).
MS4: Municipal Separate Storm Sewer System.
Municipal Separate Stone Sewer System (MS4): A separate conveyance system; constructed, or
nnsent to convey storm water drama e separately from other wastes systems such as sewer
r_,,,,,,. , Y g � P Y Ys
systems, through the use of ditches, swales, pipes, culverts, over -land drainage, surface and
subsurface flows.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit:
A permit issued by EPA (or a State under authority delegated pursuant to 33 U.S.C. & 1342(b)) that
authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area -wide basis.
Natural Systems: Those communities of plants, animals, bacteria and other flora and fauna that
occur indigenously on the land, in the soil or in the water.
Non -Storm Water Discharge: Any discharge to the storm water drain system that is not
icomposed entirely of storm water.
Appendix B - 6

TOWN OF OAK ISLAND
STORMWATER PROGRAM
NPDES Phase II Regulations: Federal Register Part II 40 CFR Parts 9,122,123 and 124 the
"National Pollutant Discharge System — Regulations for Revision of the Water Pollution Control
Program Addressing Storm Water Discharge".
Person: Person means any and all persons, includes any individual, firm, corporation, government
agency, business trust, estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal entity.
Pollutant Anything that causes or contributes to pollution. Pollutants may include, but are not
limited to paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Receiving Bodies of Water. Water bodies, watercourses or wetlands into which surface waters
flow either naturally, in manmade ditches, or in a closed conduit system.
Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation and resulting from such precipitation, regardless of amount of precipitation or
time of precipitation event.
Storm Water Drainage System: Facilities by which storm water is collected and/or conveyed,
including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped
storm drains, pumping facilities, retention and detention basins, natural and man-made or altered
drainage channels, reservoirs, and other drainage structures.
Storm Water Pollution Prevention Plan: A document which describes the Best Management
Practices and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water,
storm water conveyance systems, and/or receiving waters to the Maximum Extent Practicable.
Wastewater. Means any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert,
drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite
direction, either continuously or intermittently, and which has a definite channel, bed or banks.
Water Body: Natural or artificial pond, lake, reservoir or other area which ordinarily or
intermittently contains water and which has a discernable shoreline.
Waters or Community of Waters: Water on or beneath the surface of the ground inc_it' ng
aterrourses, water b -watercourses, or drainage systern, including diffused surface water and water
percolating, standing, or flowing beneath the surface of the ground, as well as coastal waters.
Waters of the State: Surface waters within or flowing through the boundaries of the State including
any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay,
reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or
dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series
topographic maps. Treatment systems, consisting of man-made bodies of water, which were not
originally created in waters of the State and which are not the result of impoundment of waters of
the State, are not waters of the State.
Wetlands: Means those areas where
0 1. The soil is ordinarily saturated with water, or
Appendix B - 7

TOWN OF OAK ISLAND
STORMWATER PROGRAM
2. The dominant plant community is one or more of those species designated by the U.S. Army
Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or
3. The presence of one or more of those plant species designated by the North Carolina Division
of Coastal Management as identifying coastal wetlands or the transitional zone of coastal
wetlands.
FINDINGS OF FACTS
The Town Council of the Town of Oak Island finds that the discharge of non -storm water drainage
to waters of the state and to the municipal storm drainage system could have significant adverse
impact upon health, safety, and welfare of the community. More specifically:
1. Illicit Storm Water Discharges carry pollutants into receiving water bodies, degrading water
quality and effect in closures of shell fishing waters.
2. A nutrient such as phosphorus or nitrogen accelerates eutrophication of receiving waters,
adversely affecting flora and fauna.
3. Improper connection to the storm drain system and to waters of the State adversely impacts
quality of receiving waters.
4. Septic tank discharges from non -compliant systems, washing machine discharges, and illegal
dumping into the storm water drains are examples of illicit discharges.
5. The Town of Oak Island must have the authority to deter and/or stop illicit discharges to
storm water drains and ditches.
6. Substantial economic losses result from these adverse impacts on community waters.
7. Illicit discharges to water bodies diminish their capacity to naturally process runoff nutrients,
thereby harming flora and fauna.
8. Increase of illicit discharge to waters can percolate into the soil, thereby decreasing
groundwater quality.
9. Improperly managed storm water systems can decrease the quality of property and human
life.
10. Improperly managed storm water drainage systems can interfere with the maintenance of
optimum estuarine areas and biological productivity.
11. Many future problems can be avoided if land is developed in accordance with an Illicit
Storm Water Discharge Ordinance.
OBJECTIVES
The purpose of this ordinance is to provide for the health, safety, and general welfare of the people
of the Town of Oak Island through the regulation of non -storm water discharges to the storm
drainage system to the maximum extent practicable as required by federal and state law. This
ordinance establishes methods for controlling the introduction. of pollutants into the Municipal
Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) permit process.
In order to protect, maintain, and enhance both the immediate and the long-term health, safety and
general welfare of the Town of Oak Island, This ordinance has the following objectives:
1. To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System
(MS4) by storm water discharges by any user.
2. To prohibit illicit connections and discharges to the Municipal Separate Storm Sewer System
(MS4).
3. To establish legal authority to carryout all inspections, surveillances, and monitoring
procedures necessary to ensure compliance with this ordinance.
4. To encourage productive and enjoyable harmony between humanity and nature.
5. To protect and maintain the chemical, physical, and biological integrity of any and all waters.
Appendix B - 8

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• 6. To prevent individuals and organizations from causing harm to the community by activities
which adversely affect water resources.
7. To encourage the maintenance and construction of drainage systems which aesthetically and
functionally approximate natural systems.
8. To encourage Town occupants to be aware of potential sources of illicit discharges, so they
can better manage their actions in the environment.
9. To protect natural systems and their uses in ways that do not impair their beneficial
functioning.
10. To increase and maintain the quality of groundwater sources.
11. To protect and maintain estuarine areas.
12. To prevent damage to Waters, including wetlands and groundwater systems.
13. To protect and maintain fish and wildlife habitats.
14. To ensure the attainment of these objectives by requiring the approval and implementation of
the Illicit Storm Water Discharge Ordinance.
APPLICABILITY
This Ordinance shall apply to all water entering the storm drain system generated on any developed
and undeveloped lands unless explicitly exempted by the Town of Oak Island, as an Excluded
Discharge Category.
Storm Water Discharge, occurring after the effective date of this ordinance within the Town of Oak
Island, must comply with the Illicit Storm Water Discharge Ordinance. All persons must take
appropriate actions and measures, as defined by this Illicit Stone Water Discharge Ordinance, and
all other Town of Oak Island Ordinances, regulations and laws, to stop all illicit storm water
discharges that may occur on their property and, if necessary, ensure appropriate corrective
• measures are taken on any existing known, noted or observed non -compliant items including:
discharges, connections, activities, or actions.
All person shall address present non -complying illicit stonn water discharges including the following
possible occurrences:
1. Connections to a storm water conveyance or storm water conveyance system, which allows
the discharge of non -storm water, other than Excluded Discharge Category, are unlawful.
Prohibited discharges include, but are not limited to:
a. Floor drains
b. Waste water from washing machines
c. Waste water from sanitary sewers
d. Wash water from commercial vehicle washing or steam cleaning
e. Connection of drainage leaders from structures
f. Failed or failing wastewater disposal fields
g. Illicit discharge resulting from household pet waste
h. Illicit discharge resulting from lawn care products including excessive fertilizers,
lawn/landscape chemical treatments
i. Disposal of household hazardous pollutants
j. Abandoned water wells
2. Where such connections exist 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 (1) year following
application of this regulation.
3. The one (1) year grace period shall not apply to connections which may result in the
• discharge of hazardous materials or other discharges which pose any immediate threat to
health and safety; are likely to result in immediate injury and harm to real or personal
Appendix B - 9

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• property, natural resources, wildlife, or habitat; or were made in violation of any applicable
regulation or ordinance.
4. The Town of Oak Island shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Town of Oak Island shall take into
consideration:
a. The quantity and complexity of the work,
b. The consequences of delay,
C. The potential harm to the environment, to the public health, and to public and
private property, and
d. The cost of remedying the damage.
5. Unless exempted pursuant to subsection (6) or granted a variance pursuant to subsection (6),
a corrective plan must be submitted and corrected action to remedy an identified Illicit
Storm Water Discharge taken before:
a. A plat is recorded or land is subdivided; or
b. An existing drainage system is altered, rerouted, or deepened; or
c. A new building permit is issued.
6. Exemptions: The following development activities are exempt from the Illicit Storm Water
Discharge Ordinance Plan requirement.
a. Agricultural activity not involving the artificial drainage of land
b. Variances: The Town of Oak island may grant a written variance from any
requirement of this ordinance using the following criteria:
i. There are special circumstances applicable to the subject property of its
intended use; and
• I The granting of the variance will not
1) Significantly increase or decrease the rate of illicit storm water
discharge, or pollutants
2) Have a significant adverse impact on an area "404 wetland",
watercourse or water body.
3) Significantly contribute to the degradation of water quality.
4) Otherwise significantly impair attainment of the objectives of this
ordinance.
RESPONSIBILITY FOR ADMINISTRATION
The Town of Oak Island shall administer, implement, and enforce the provisions of this ordinance.
Any powers granted or duties imposed upon the Town of Oak Island may be delegated in writing to
persons or entities acting in the beneficial interest of the Town of Oak Island.
ULTIMATE RESPONSIBILITY
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards;
therefore this ordinance does not intend nor imply that compliance byany person will ensure that
there will be no contamination, pollution, nor unauthorized discharge of pollutants.
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, excessive
vegetation, 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.
Appendix B - 10

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The Town of Oak Island will adopt requirements identifying Best Management Practices for any
activity, operation, or property that may cause or contribute to pollution or contamination of storm
water, the storm water drain system, or waters of the United States. The owner or operator of a
commercial or industrial establishment shall provide, at their own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the storm water drain system
or watercourses through the use of these structural and non-structural BMPs. Further, any person
responsible for a property or premise which is, or maybe, the source of an illicit discharge, maybe
required to implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the storm water drain system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated
with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions
of this Section. These BMPs shall be part of a Storm Water Management Plan as necessary for
compliance with requirements of the NPDES permit.
PERMITTED DISCHARGE ACTIVITY
Any person subject to an NPDES storm water discharge permit (including construction activity,
Land Disturbance Permit, Industrial NPDES Permit or other NPDES Permit) shall comply with all
provisions of such permit. Proof of compliance with said permit maybe required in a form
acceptable to the Town of Oak Island prior to the allowing of discharges to the storm water drain
system.
DISCHARGE PROHIBITIONS
PROHIBITION OF ILLEGAL DISCHARGE
• No person shall discharge or cause to be discharged into the storm water drain system or
watercourses any materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards, other than
storm water.
The commencement, conduct or continuance of any illegal discharge to the storm water drain
system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established bythis
Ordinance.
a. Rising ground water,
b. Uncontaminated pumped ground water,
c. Foundation or footing drains (not including active groundwater dewatering systems),
d. Crawl space pumps,
e. Other water source not containing pollutants.
2. Discharges specified in writing by the Town of Oak Island as being necessary to protect
public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the Town of Oak
Island prior to the time of the test.
4. The prohibition shall not apply to any non -storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the persons and administered
under the compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted for any
discharge to the storm water drain system.
PROHIBITION OF ILLICIT CONNECTIONS
The construction, use, maintenance or continued existence of illicit connections to the storm water
drain system is prohibited.
Appendix B - 11

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• This prohibition expressly includes, without limitation, connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
A person is considered to be in violation of this Ordinance if the person conveys non -storm water
to the storm water drain system, or allows such a connection to continue.
MONITORING OF DISCHARGE
This Section applies to all properties that have storm water discharges.
ACCESS TO PROPERTIES
1. The Town of Oak Island shall be permitted to enter and inspect property subject to
regulation under this Ordinance as often as may be necessary to determine compliance with
this Ordinance. If a discharger has security measures in force, which require proper
identification and clearance before entry onto property, the discharger shall make the
necessary arrangements to allow access to representatives of the Town of Oak Island.
2. Existing NPDES permit operators shall allow the Town of Oak Island ready access to all
parts of the premises for the purposes of inspection, sampling, examination and copying of
records that must be kept under the conditions of an NPDES permit to discharge storm
water, and the performance of any additional duties as defined by state and federal law.
3. The Town of Oak Island shall have the right to establish on any permitted property such
devices as are necessary in the opinion of the Town of Oak Island to conduct monitoring
and/or sampling of the storm water discharge from the property. Sampling may include
turbidity, coliform, nutrients, Suspended Solids. Other testing devices of existing systems
may include video recording, dye testing, etc.
4. The Town of Oak Island has the right to require NPDES permittees discharging storm
water to install monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the
discharger at their expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the property to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral
request of the Town of Oak Island and shall not be replaced. The cost of clearing such
access shall be borne by the person.
6. Unreasonable delays in allowing the Town of Oak Island access to a permitted property is a
violation of a storm water discharge permit and of this Ordinance. A person who is the
operator of a property with an NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the Town of Oak Island
reasonable access to the permitted facility for the purpose of conducting any activity
authorized or required by this Ordinance.
7. If the Town of Oak Island has been refused access to any part of the premises from which
storm water is discharged, and is able to demonstrate probable cause to believe that there
maybe a violation of this Ordinance, or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program designed to verify compliance with this
Ordinance or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the Town of Oak Island may seek issuance of a search
warrant from any court of competent jurisdiction.
SUSPENSION OF STORM WATER DRAIN ACCESS
SUSPENSION DUE TO ILLICIT DISCHARGE IN EMERGENCY SITUATIONS
The Town of Oak Island may, without prior notice, suspend storm water drain discharge access to a
person or business when such suspension is necessary to stop an actual or threatened discharge
Appendix B - 12

TOWN OF OAK ISLAND
STORMWATER PROGRAM
which presents or may present imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the storm water drain system or waters of the United States. If the
violator fails to comply with a suspension order issued in an emergency, the Town of Oak Island
may take such steps as deemed necessary to prevent or minimize damage to the storm water drain
system 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 storm water drain system in violation of this Ordinance may have
their storm water drain access terminated if such termination would abate or reduce an illicit
discharge. The Town of Oak Island will notify a violator of the proposed termination of its storm
water drain access. The violator may petition the Town of Oak Island for a reconsideration and
hearing.
A person commits an offense if the person reinstates storm water drain access to premises
terminated pursuant to this Section, without the prior approval of the Town of Oak Island.
NOTIFICATION OF SPILLS
Not withstanding 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 water drain system, or waters of the United States
said person shall take all necessary steps to ensure the 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, Town Police, Fire Rescue, and Town Offices, of the occurrence via
emergency dispatch services. In the event of a release of non -hazardous materials, said person shall
notify the Town of Oak Island 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 Town of Oak Island 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.
ENFORCEMENT
NUISANCE
Any activity that is commenced without acceptance of the Illicit Storm Water Discharge Ordinance,
or is conducted contrary to an approved plan as required by this Ordinance, shall be deemed a
public nuisance and may be restrained by injunction or otherwise abated in a manner provided by
law.
VIOLATION NOTIFICATION
When the Town of Oak Island determines that an activity is not being carried out in accordance
with the requirements of this Ordinance, the Town of Oak Island will issue a written notice of
violation, to the owner of the property. The notice of violation shall contain:
1. The name and address of the owner or applicant;
2. The Street address when available or a description of the building structure, or land upon
which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial actions necessary to bring the development activity into
compliance with this Ordinance and a time schedule for completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed;
6. The notice of violation shall be served upon the person(s) to whom it is directed either
personally, in the manner provided for personal service of notices by the court of local
Appendix B - 13

TOWN OF OAK ISLAND
STORMWATER PROGRAM
• jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid,
return receipt requested to such person at person's last known address.
CIVIL AND CRIMINAL PENALTIES
In addition to or as an alternative to any penalty provided herein or by law, any person who violates
the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Dollars
($100) nor more than One Thousand Dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed sixty (60) days, or by both such fine and imprisonment. Such person shall be
guilty of a separate offense for each day during which the violation occurs or continues.
COSTS FOR RESTORATION, CORRECTIVE ACTION, ABATEMENT, AND MONITORING
Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a
deadline within which such remediation or restoration must be completed. In the event that
restoration is not undertaken within a reasonable time after notice, the Town of Oak Island may
take necessary corrective action, the cost of which shall become alien upon the property until paid.
Costs to the property owner may include:
1. The performance of monitoring, analysis, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property,
5. Payment of costs for Town of Oak Island administrative and remediation costs;
6. Town of Oak Island's cost if they implement source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the said notice shall
further advise that, should the violator fail to remediate or restore within the established deadline,
the Town of Oak Island or a contractor will do the work and the expense thereof shall be charged to
the violator.
APPEAL OF NOTICE OF VIOLATION
A notice of violation issued pursuant to this section constitutes a determination from which
administrative appeal maybe taken to the Town Council. A statement will be issued that the Town's
determination of violation may be appealed to the Town Council by filing a written notice of appeal
within fifteen (15) days of service of notice of violation. The decision of the Town of Oak Island or
designee shall be final.
ENFORCEMENT MEASURES AFTER APPEAL
If the violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal within fifteen (15) days of the decision of the Town of Oak
Island upholding the violation, representatives of the Town of Oak Island may enter upon the
subject property to take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, or agent in possession of any premises to refuse
to allow the Town of Oak Island or their designated contractor to enter upon the premises for the
purposes set forth above.
INJUNCTIVE RELIEF
It shall be unlawful for any person to violate anyprovisions or fail to complywith any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions of
this Ordinance, the Town of Oak Island may petition for a preliminary or permanent injunction
restraining the person from activities which would create further violations or compelling the person
to perform abatement or remediation of the violation.
Appendix B - 14

s
TOWN OF OAK ISLAND
STORMWATER PROGRAM
ALTERNATIVE COMPENSATORY ACTION
In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the Town
of Oak Island may impose alternative compensatory action upon a violator. Alternative
compensatory action will be established in equitable measures and may include items such as:
1. Community Service
2. Attendance at Compliance Workshops
3. Beach Cleanup
4. Public Education Efforts
VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, maybe summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance maybe taken.
CRIMINAL PROSECUTION
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 cost, per each
day of violation, and/or imprisonment for a period of time not to exceed statutory limits.
The Town of Oak Island may recover all attorney's fees, court costs, and other expenses associated
with enforcement of this Ordinance, including sampling and monitoring expenses.
REMEDIES NOT EXCLUSIVE
The remedies listed in this Ordinance are not exclusive of any other remedies available under any
applicable federal, state, or local law and it is within the discretion of the Town of Oak Island to
seek cumulative remedies.
SEVERABILITY
Each separate provision of this Ordinance is deemed independent of all other provisions herein so
that if any provision or provisions of this Ordinance were declared invalid, all other provisions
thereof shall remain valid and enforceable.
ADOPTION OF ORDINANCE
This Ordinance shall be in full force and effect days after its final passage and
adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
PASSED AND ADOPTED this day of , 20 ,
by the following vote:
Appendix B - 15

Is
TOWN OF OAK ISLAND
STORMWATER PROGRAM
SECTION 20.0: VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Ordinance
is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, may be summarily 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.
SECTION 21.0: CRIMINAL PROSECUTION
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 cost, per each day of violation, and/or imprisonment for a period
of time not to exceed statutory limits.
The Town of Oak Island may recover all attorney's fees, court costs, and other
expenses associated with enforcement of this Ordinance, including sampling and
monitoring expenses.
SECTION 22.0: REMEDIES NOT EXCLUSIVE
The remedies listed in this Ordinance ate not exclusive of any other remedies
available under any applicable federal, state, or local law and it is within the
discretion of the Town of Oak Island to seek cumulative remedies.
SECTION 23.0: SEVERABILITY
Each separate provision of this Ordinanr;e is deemed independent of all other
provisions herein so that if any provision or provisions of this Ordinance were
declared invalid, all other provisions thereof shall remain valid and enforceable.
SECTION 24.0: ADOPTION OF ORDINANCE
This Ordinance shall be in full force and effect days after its
final passage and adoption. All prior ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
PASSED AND ADOPTED this 13 I day of
11 ,., , `� :. 1 , 20 0 ! by the following vote:
ATTESTED: I a t,
Patricia H. Brunell. CIVIC
Town Clerk
HORACE COLLIER . ;a 1n,ry"
MAYOR
17 tt ` (SEAL} 92'
C}tARTEREL) e
_ 1999
......chE:3
A[iAe - 17
Appendix B - 16