Davidson - Surface Water Pollution Control Ordinance (Revised 8-25-2020)

TOWN OF DAVIDSON
ARTICLE VI. - SURFACE WATER POLLUTION CONTROL
Sec. 30-171. - Title.
This article shall be cited as the "Town of Davidson Surface Water Pollution Control
Ordinance."
(Ord. of 2-10-2004, § 1)
Sec. 30-172. - Purpose.
The purpose of this article is to prevent pollutants from entering the storm drain system; to
maintain and enhance surface water quality; and to meet the requirements associated with the
NPDES stormwater permit.
(Ord. of 2-10-2004, § 2)
Sec. 30-173. - 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:]
High polycyclic aromatic hydrocarbon (PAH) pavement product means a product, material or
substance that contains greater than 0.1 percent (1,000 ppm) PAH by weight and is intended for
use on an asphalt or concrete surface. High PAH pavement products may contain, but are not
limited to, coal tar, coal tar pitch volatiles, RT-12, refined tar, steam -cracked petroleum residues,
heavy pyrolysis oil, steam -cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar,
ethylene cracker residue, or a variation of those substances assigned the chemical abstracts
service (CAS) numbers 65996-92-1, 65996-93-2, 65996-89-6, 8007-45-2, 64742-90-1, or 69013-
21-4.
Mecklenburg County Land Use and Environmental Services Agency means the department or
division of Mecklenburg County government (regardless of the title given to it by Mecklenburg
County) that is responsible for stormwater and water quality matters.
Non-stormwater means any flow that is not composed entirely of natural precipitation.
NPDES (National Pollutant Discharge Elimination System) means permit issued pursuant to
Section 402 of the Clean Water Act.
PAH means polycyclic aromatic hydrocarbons.
Person means any individual, partnership, co -partnership, firm, company, corporation,
association, commission, institution, utility, joint stock company, trust, estate, governmental
entity or other legal entity, or their legal representative, agents or assigns.
Pollutant means a man -induced substance that alters the chemical, physical, biological, thermal,
and/or radiological integrity of water.

Storm drain system means the network of inlets, pipes, ditches, swales, ponds, streams and/or
other natural or manmade facilities and appurtenances that serve to collect and convey
stormwater through and from a given drainage area.
Stormwater means any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Stormwater advisory committee means the Charlotte -Mecklenburg Stormwater Advisory
Committee as established by joint resolutions of the Charlotte City Council, Mecklenburg
County Board of Commissioners and the towns of Cornelius, Davidson, Huntersville, Matthews,
Mint Hill and Pineville, together with any amendments thereto.
(Ord. of 2-10-2004, § 3; Ord. No. 2020-03, 8-25-2020)
Sec. 30-174. - Prohibited discharges to the storm drain system.
(a) Illicit discharges prohibited. No person shall cause any discharge to enter the storm drain
system unless such discharge consists entirely of stormwater or is an allowable discharge
listed in subsection (d).
(b) Installation or use of illicit connections prohibited. No person shall install, maintain or use
any connection to the storm drain system or shall cause non-stormwater to be discharged or
conveyed through a connection to the storm drain system unless the discharge consists
entirely of stormwater or is an allowable discharge listed in subsection (d).
(c) Improper disposal prohibited. No person shall cause any refuse, rubbish, food waste,
garbage, litter, paint, paint wash water, chlorinated swimming pool water, oil, grease,
household, industrial and chemical wastes, leaves, grass clippings, dead plants, animal
matter, animal waste or any other discarded or abandoned substance or waste material to be
disposed of in a storm drain system or at a location from which the substances could be
transported to the storm drain system.
(d) Allowable stormwater discharges.
(1) NPDES permitted discharges authorized by the U.S. Environmental Protection Agency
or state department of environment and natural resources.
(2) Discharges from emergency firefighting activities.
(3) Uncontaminated groundwater.
(4) Drinking water line flushing.
(5) Air conditioning condensate.
(6) Irrigation water.
(7) Uncontaminated springs.
(8) Dechlorinated swimming pool discharges.
(9) Landscape irrigation.
(10) Street wash water.
(11) Discharge from potable water sources.

(12) Lawn watering.
(13) Foundation drains.
(14) Individual noncommercial vehicle washing operations.
(e) Use of high PAH pavement products prohibited. No person shall use, or permit to be used, a
high PAH pavement product within the county. For purposes of this subsection, the term
"high PAH pavement product" means a product, material or substance that contains greater
than 0.1 percent (1,000 ppm) polycyclic aromatic hydrocarbons (PAH) by weight, and is
intended for use on an asphalt or concrete surface, including, but not limited to, a driveway,
playground, parking area, pathway, or roadway.
(Ord. of 2-10-2004, § 4; Ord. No. 2020/03, 8-25-2020)
Sec. 30-175. - Powers and authority for inspection.
Town personnel or other duly authorized representative(s), bearing proper identification, shall be
permitted to enter upon all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this article.
(Ord. of 2-10-2004, § 5)
Sec. 30-176. - Authority of the county.
The county land use and environmental services agency is a duly authorized representative of the
town in the prevention and enforcement of this article and is entitled to all the rights granted to
the town.
(Ord. of 2-10-2004, § 6)
Sec. 30-177. - Enforcement and penalties.
(a) Any person who violates any of the provisions of this article is subject to a civil penalty. A
civil penalty may be assessed from the date the violation first occurs. No penalty shall be
assessed until the person alleged to be in violation has been notified of the violation. The
notice of violation shall identify the nature of the violation, set forth the measures necessary
to comply with the article and provide a specific time period for compliance. The notice may
be served by mail, hand delivery or any other means determined to give actual notice.
Refusal to accept the notice shall not relieve the violator's obligation to comply with this
article or to pay such penalty.
(b) The maximum civil penalty for each violation of this article is $5,000.00. Each day of
violation shall constitute a separate violation.
(c) In determining the amount of a civil penalty, all relevant mitigating and aggravating factors
shall be considered including, but not limited to the following: the degree and extent of harm
caused by the violation; the cost of rectifying the damage; whether the violator saved money
through noncompliance; whether the violator took reasonable measures to comply with this
article; whether the violator voluntarily took reasonable measures to restore any areas

damages by the violation; whether the violation was committed willfully; whether the
violator reported the violation to the county land use and environmental services agency; and
the prior record of the violator in complying or failing to comply with this article or any other
local or state water pollution control ordinance or regulation.
(d) In addition to the per diem civil penalty, penalties for costs to restore damaged property may
be assessed based on restoration costs, which include, but are not limited to, clean up costs,
devaluation of the property, value of animal and plant life damaged and county
administrative costs.
(e) The director of the county land use and environmental services agency, or his designee, shall
determine the amount of the civil penalty assessment and shall notify the person responsible
for the violation of the amount of the penalty and the reason for assessing the penalty. The
notice of assessment shall be issued in writing and sent via registered or certified mail or
other means reasonably calculated to give adequate notice to the person responsible for the
violation and shall direct the violator to either pay the assessment or appeal the assessment as
described in section 30-179 within 30 days of receipt of notice. If an alleged violator does not
pay a civil penalty assessed by the director within 30 days after it is due, or does not appeal a
civil penalty assessment as provided in section 30-179, the director shall request the county
attorney to institute a civil action to recover the amount of the assessment. The civil action
shall be brought in Mecklenburg County General Court of Justice or in any other court of
competent jurisdiction. A civil action must be filed within three years of the date the
assessment was due.
(f) Civil penalties collected pursuant to this article shall be credited to the town general fund as
non -tax revenue, or to such other fund as determined by the town board.
(g) Violation of this article shall not constitute a misdemeanor or infraction punishable under
G.S. 14-4.
(h) In addition to the imposition of a civil penalty, this article may be enforced by an appropriate
equitable remedy issuing from a court of competent jurisdiction as authorized by G.S. 153A-
123(d) or by injunction issued pursuant to authorization contained in G.S. 153A-123(e).
(Ord. of 2-10-2004, § 7)
Sec. 30-178. - Restoration of areas affected by failure to comply.
The director of the county land use and environmental services agency may require a person
responsible for a violation to restore all areas affected by the violation to the conditions existing
prior to the violation. This authority is in addition to any other civil penalty or injunctive relief
authorized under this article.
(Ord. of 2-10-2004, § 8)
Sec. 30-179. - Appeals.
(a) Any person who desires to appeal a civil penalty assessment shall have 30 days from the date
of issuance of a notice of assessment to appeal in writing to the storm water advisory

committee. The storm water advisory committee has 90 days to hear the appeal and an
additional 60 days to respond in writing to the appellant with their findings via registered or
certified mail.
(b) The storm water advisory committee shall provide the appellant a minimum of ten days
notice of the time and place of the hearing.
(c) If the storm water advisory committee determines that a penalty was properly charged, the
appellant must provide payment within 30 days of receiving the committee's findings in
writing.
(Ord. of 2-10-2004, § 9)
Sec. 30-180. - Territorial jurisdiction.
This article is applicable within the corporate limits of the town.
(Ord. of 2-10-2004, § 10)