NCS000422_SW Ordinance_20191014

ORDINANCE NO. #0-19-22
AN ORDINANCE TO AMEND APPENDIX A (The Land Use Code), CHAPTER 8,
SECTION 8.4, OF THE CODE OF ORDINANCES OF THE TOWN OF BLACK
MOUNTAIN
BE IT ORDAINED BY THE TOWN OF BLACK MOUNTAIN BOARD OF ALDERMEN
THAT:
Appendix A (The Land Use Code) of the Code of Ordinances is hereby amended to add the
following new Section:
8.4 Illicit Discharge
8.4.1— Purpose
The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to
control the adverse effects of illicit discharges into municipal stormwater systems. It has been
deters -pined that proper management of stormwater runoff will minimize damage to public and
private property and infrastructure; safeguard the public health, safety, and general welfare; and
protect water and aquatic resources.
The ordinance seeks to meet the requirements for the town's National Pollutant Discharge
Elimination System (NPDES) Permit.
8.4.2 - Applicability and Jurisdiction
The following ordinance regarding illicit discharges and connections to public stormwater water
system applies to all parcels in the incorporated area of the Town of Slack Mountain.
8.4.3 — Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
8.4.4 - Effective Date
This Ordinance shall take effect on December 1, 2019.
8.4.5 --- Illicit Discharges and Connections

(A)Illicit Discharges
(1) No person shall cause or allow the direct -piping of untreated waste water,
discharge, emission, disposal, pouring, or pumping directly or indirectly to any
stormwater conveyance, the waters of the State, or upon the land in manner and
amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than
stormwater. Prohibited substances include but are not limited to oil, anti -freeze,
chemicals, animal waste, paints, garbage, and litter.
(2) Non-stormwater discharges associated with the following activities are allowed
provided that they do not significantly impact water quality:
(a) Water line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground waters;
(e) Uncontaminated ground water infiltration (as defined at 40 CFR
3 5.2005 (20));
(f) Uncontaminated pumped ground water;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) .Air conditioning condensation;
0) Irrigation water;
(k) Springs;
(1) Water from crawl space pumps;
(m) Footing drains;
(n) Lawn watering;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) Dechlorinated swimming pool discharges;
( r) Street wash water; and
(s) Other non-stormwater discharges for which a valid NPDES discharge permit
has been approved and issued by the State of North Carolina, and provided
that any such discharges to the municipal separate storm sewer system shall
be authorized by Town of Black Mountain.
(B) Illicit Connections
Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in subsection above, are
unlawful.
(1) Prohibited connections include, but are not limited to: floor drains, waste water
from washing machines or sanitary sewers, wash water from commercial vehicle
washing or steam cleaning, and waste water from septic systems.

(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm
to real or personal property, natural resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other than
this section; the Stormwater Administrator shall designate the time within
which the connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into consideration;
1.The quantity and complexity of the work,
2.The consequences of delay,
3.The potential harm to the environment, to the public health, and to public
and private property, and
4.The cost of remedying the damage.
(C) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to released
or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and
properly disposed. All affected areas shall be restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
immediately notify the Fire Chief of the release or discharge, as well as making any required
notifications under state and federal law. Notification shall not relieve any person of any
expenses related to the restoration, loss, damage, or any other liability which may be incurred as
a result of said spill or leak, nor shall such notification relieve any person from other liability
which may be imposed by State or other law.
8.4.6 - Violations and Enforcement
(A) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall continue to be a
violation under this ordinance and be subject to penalties and enforcement under this ordinance.
(B) Notice of Violation and Enforcement

Illicit discharges and illicit connections which exist within the Town of Black Mountain are
hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public
safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall
be abated in accordance with the procedures set forth in section Chapter 20 of the Town of Black
Mountain Code of Ordinance.
This ordinance shall be in fall force and effective on December 1, 2019.
I move the adoption of the foregoing ordinance.
GYt�
Alde an
READ, APPROVED AND ADOPTED, this the 14th day of October, 2019, by a vote of
57 to q
Don Collins, Mayor
ATTEST:
Affg'ela d Reece, Town Clerk