Matthews - Surface Water Pollution Control Ordinance (Revised 2-12-2018)

Chapter 52A. Surface Water Pollution Control
Section
52A.01 Title, and Authority to Adopt and Enforce
52A.02 Purpose
52A.03 Definitions
52A.04 Territorial Jurisdiction
52A.05 Prohibitions
52A.06 Authority of LUESA
52A.07 Powers and Authority for Inspection
52A.08 Enforcement and Penalties
52A.09 Appeals
52A.10 Severability
§52A.01 TITLE, AND AUTHORITY TO ADOPT AND ENFORCE
This Ordinance shall be cited as the "Town of Matthews' Surface Water Pollution Control Ordinance." It is adopted and
will be enforced pursuant to authority granted by NCGS 160A- 459, and NCGS 160A-175.
§52A.01 PURPOSE
The purpose of this Ordinance is to prevent Pollutants from entering the Storm Water System; to maintain and
enhance surface water quality; and to meet the requirements associated with the NPDES Storm Water permit.
§52A.02 DEFINITIONS
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this
Section, except where the context clearly indicates a different meaning:
Business Day means any day that the Town of Matthews is open to the public to conduct business.
Charity Vehicle Washing means vehicle or equipment washing performed by a nonprofit entity to raise money to be used
for purposes other than making a profit.
Commercial means devoted in whole or part to commerce, that is, to the exchange and buying and selling of commodities
or services.
Day(s) means calendar days, including Saturdays, Sundays and holidays, unless otherwise specified.
Dechlorinated means the removal of chlorine from a substance such as swimming pool water.
Discharge means the addition of any Pollutant either directly or indirectly to the Storm Water System or Waters of the
State.

Chapter 52A. Surface Water Pollution Control
EPA means the U.S. Environmental Protection Agency or other duly authorized official of the agency.
Illicit Connection means any physical connection, actual or potential flowing discharge, or other condition that could allow
Non -Storm Water to enter the Storm Water System.
Illicit Discharge and/or Illicit Disposal means any discharge not composed entirely of Storm Water that may directly or
indirectly enter the Storm Water System or Waters of the State, except as allowed by Section 5(f) of this Ordinance.
Improper Disposal means the releasing of matter or fluids other than atmospheric precipitation at a location where the
matter or fluid can enter the Storm Water System or Waters of the State.
Incidental means occurring by chance or without intention or calculation; also minor, casual or subordinate in significance
or nature.
Industrial means related to a business engaged in industrial production or service, that is, a business characterized by
manufacturing or productive enterprise or a related service business.
Matthews' Environmental Advisory Committee means the Committee established by the Town of Matthews for the purpose
of advising the Town Board regarding environmental matters.
LUESA means the Mecklenburg County Land Use & Environmental Services Agency that is responsible for Storm Water
and water quality matters for Mecklenburg County.
NC DEQ means the North Carolina Department of Environmental Quality that is responsible for Storm Water and water
quality matters for North Carolina.
NCGS means North Carolina General Statute.
Non -Storm Water means any flow that is not from a form of natural precipitation.
NPDES permit means the National Pollutant Discharge Elimination System permit issued pursuant to the federal Clean
Water Act, 33 USC 1251 et seq.
Person means any individual, partnership, firm, association, company, trust, estate, corporation, commission, institution,
utility, governmental entity or other legal entity or their legal representatives, agents or assigns.
Pollutant means a substance that alters the chemical, physical, biological, thermal and/or radiological integrity of Storm
Water, groundwater or surface water.
Pollution and Polluted mean containing Pollutants.
Receiving Stream means the body of water, stream or watercourse receiving the discharge waters from the Storm Water
System, or formed by the water discharged from the Storm Water System.
Riparian means relating to or living or located on the bank of a natural watercourse or waterbody.
State, when referring to regulatory authority, means the NC Department of Environmental Quality or any duly authorized
representative thereof; otherwise, it means the State of North Carolina.
Storm Water means any flow occurring during or following any form of natural precipitation and resulting there from.
Storm Water System means the network of curbs, gutters, inlets, pipes, ditches, swales, ponds, detention and retention
basins, streams, and other natural or manmade facilities and appurtenances that serve to collect and convey Storm Water
through and from a given drainage area.

Chapter 52A. Surface Water Pollution Control
Uncontaminated means not containing any Pollutants.
Unmodified Potable Water means tap water that has not had detergents, acids, degreasers, surfactants or other agents added
to or mixed with it, regardless of whether the added agent is labeled as or generally considered to be, biodegradable.
Wash Water is a subset of Wastewater, and means any water or liquid discharged after and as a result of conducting washing
or cleaning activity.
Wastewater means any water or other liquid, other than Uncontaminated Storm Water or Uncontaminated Potable Water,
discharged from a facility after use. Examples include water used for washing, flushing, cleaning, or in a manufacturing
process.
Waters of the State, as defined in NCGS § 143-212(6), means any intermittent or perennial stream, river, brook, swamp,
lake, cove, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or
private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State.
§52A.04 TERRITORIAL JURISDICTION
This Ordinance is applicable within the corporate limits of the Town of Matthews.
§52A.05 PROHIBITIONS
A. Illicit Discharge(s) and Improper Disposal(s).
No Person shall cause or allow the discharge or disposal of Non -Storm Water, either directly or indirectly, to the
Storm Water System, Waters of the State, or upon the land in a manner or amount that is likely to reach the
Storm Water System or Waters of the State except as described below in Section 5(f). Examples of Illicit
Discharges and Improper Disposals include, but are not limited to the following: oil; grease; household and
Industrial chemical waste; paint; paint Wash Water; garbage; yard waste; animal waste; food waste; chlorinated
swimming pool water; concrete; concrete equipment Wash Water; Commercial vehicle Wash Water; heated
water; soaps/detergents; sediment/silt; or any other discarded or abandoned substances or waste materials.
B. Illicit Connection(s).
No Person shall install, maintain or use any connection to the municipal Storm Water System or Waters of the
State for the discharge of Non -Storm Water or shall cause Non -Storm Water to be discharged or conveyed
through a connection to the Storm Water System or Waters of the State unless the discharge is a permitted
discharge listed in Section 5(f).
This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of connection,
if classified as an Illicit Connection by this Ordinance.
Examples of Illicit Connections include, but are not limited to:
(1) Wastewater lines such as those from washing machines or sanitary sewers; and
(2) Pipes or drains carrying Wastewater or Wash Water from a building, operation or property.

Chapter 52A. Surface Water Pollution Control
C. Accidental Discharge(s).
If an accidental discharge to the municipal Storm Water System occurs, the responsible Person shall immediately
begin to collect and remove the discharge and restore all affected areas to their pre -discharge condition. The
responsible Person shall immediately notify LUESA, and other authorities as appropriate, of the accidental
discharge by telephone or other mode of instantaneous communication. The notification shall include the
location of the discharge, type of Pollutant, volume, time of discharge, and corrective action taken. Such
notification shall not relieve the responsible Person of any of the expenses related to restoration, loss, damages
or any other liability that may be incurred as a result; nor shall such notification relieve the responsible party
from other liability that may be imposed by this Ordinance or other applicable law.
D. Obstruction a Violation.
Obstruction, as outlined in Section 7(d) of this Ordinance, shall be a violation. Said violation may be enforced
against the violator as a discrete violation of this Ordinance or as a factor in conjunction with other enforcement
remedies and penalties.
E. Coal Tar Sealant and High PAH Sealant Limitations.
(1) For the purposes of this section, the term "coal tar sealant" means a material that contains coal tar and is
for use on an asphalt or concrete surface, including a driveway, parking lot or roadway. The term "high
PAH sealant" means a material that contains greater than 0.1 % PAH, by weight and is for use on an
asphalt or concrete surface, including a driveway, parking lot or roadway.
(2) No Person shall use, permit to be used, or sell for use in the Town of Matthews a coal tar sealant product
or a high PAH sealant product.
(3) Any Person who violates this section shall be liable for the penalties stated in Section 8(c).
F. Allowable Storm Water Discharges.
Storm Water is the only discharge permitted in the Storm Water System with the exception of Incidental Non -
Storm Water flows that do not negatively impact the quality of the Receiving Stream. Incidental Non -Storm
Water flows include the following:
(1) Water line flushing, except super -chlorinated water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005(20));
(5) Uncontaminated, pumped groundwater;
(6) Rising groundwaters;
(7) Discharges from Uncontaminated potable water sources;
(8) Uncontaminated, collected and infiltrated Storm Water from foundation drains or footing drains;
(9) Uncontaminated storm water runoff from roof drains and rain barrels;
(10) Uncontaminated, untreated air conditioning condensate from residential or Commercial units;
(11) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200);
(12) Uncontaminated springs;
(13) Uncontaminated, collected groundwater and infiltrated Storm Water from basement or crawl space
pumps;
(14) Lawn watering;
(15) Dechlorinated swimming pool discharge;
(16) Street Wash Water only when Unmodified Potable Water is used;

Chapter 52A. Surface Water Pollution Control
(17) Flows from emergency fire and rescue operations other than those resulting from negligence on the part
of the Person who owned or controlled the Pollutant;
(18) Individual non -Commercial vehicle washing operations (*see note below);
(19) Residential and Charity Vehicle Washing (*see note below);
(20) Flows from Riparian habitats and wetlands;
(21) NPDES permitted discharges authorized by the EPA or NC DEQ;
(22) Dye testing, using suitable dyes, for verifying cross -connections, tracing plumbing lines, determining
flow direction or rate and for similar purposes, provided that verbal notification by non -governmental
entities is provided to LUESA prior to testing; and
(23) Removal of Storm Water System blockages with Unmodified Potable Water.
* Designated vehicle wash areas at multi -family residential complexes are not allowed if they connect,
directly or indirectly, to the Storm Water System or surface waters. Charity Vehicle Washing performed by
the same organization or at the same location more than one (1) time in a thirty (30) Day period is not allowed
under this Ordinance.
§52A.06 AUTHORITY OF LUESA
LUESA is a duly authorized representative of the Town of Matthews in the prevention and enforcement of this ordinance
and is entitled to all the rights granted to the Town.
§52A.07 POWERS AND AUTHORITY FOR INSPECTION
A. Authority to Inspect and Monitor.
LUESA personnel, bearing proper identification, may enter public or private properties at all reasonable times to
inspect, investigate, or monitor activities and conditions subject to this Ordinance. Persons occupying premises
to be inspected shall allow LUESA personnel ready access at all times to all parts of the premises to perform
inspection, monitoring, records examination, copying, photography, video recording, or other duties. LUESA
personnel shall have the right to set up on the Person's property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering operations. Where a Person has security measures in force
that would require identification and clearance before entry into the premises, the Person shall make arrangements
with security personnel so that, upon presentation of identification, LUESA personnel will be permitted to enter
and perform their specific responsibilities without delay. Denial of LUESA personnel access to the Person's
premises or portions thereof shall be a violation of this Ordinance. Denial of access may also occur if a Person
fails to provide, without unreasonable delay, such facilities, equipment, or devices as are reasonably necessary to
permit LUESA personnel to perform their duties in a safe manner. Unreasonable delays may constitute denial of
access. Any delay of more than five (5) minutes may be considered unreasonable.
B. Search Warrants.
To the extent permitted by applicable law, LUESA may seek the issuance of a search warrant to determine
compliance with this Ordinance.
C. Confidential Information.
(1) To the extent permitted by applicable law and except as otherwise provided in this section, information
and data on a Person obtained from reports, questionnaires, permit applications, permits, monitoring
programs, and inspections shall be available to the public or other government agencies without
restriction, unless the Person specifically requests, and is able to demonstrate to the satisfaction of
LUESA, that the document containing the information and data is not public record under North Carolina
law.

Chapter 52A. Surface Water Pollution Control
(2) To the extent permitted by applicable law, when requested by a Person furnishing a report, the portions
of a report that might disclose trade secrets or secret processes shall not be made available for inspection
by the public, but shall be made available upon request to government agencies for uses related to this
Ordinance provided, however, that such portions of a report shall be available for use by the State or any
State agency in judicial review or enforcement proceedings involving the Person furnishing the report.
(3) Documents that are not public records and the information set forth therein may be withheld and released
only as provided by applicable law.
D. Obstruction.
No Person shall obstruct, hamper, or interfere with LUESA or its personnel while carrying out official duties.
Upon presentation of credentials by LUESA personnel, necessary arrangements shall be made to allow immediate
access onto premises or into an area protected by security measures. Any obstruction to the safe and easy access
to property, a facility or enclosure on property, or to monitoring devices shall immediately be removed.
Unreasonable delays in providing safe and reasonable access or removing obstructions shall also be a violation
of this Ordinance.
§52A.08 ENFORCEMENT AND PENALTIES
A. Remedies Not Limited.
The remedies provided herein are not exclusive; may be exercised singly, simultaneously, or cumulatively;
may be combined with any other remedies authorized under the law; and may be exercised in any order.
B. Notice of Violation and Meeting with LUESA.
(1) Content of Notice.
Except in emergencies, as described in Section 8(k), upon LUESA's determination that a violation has
occurred, LUESA shall provide to each Person against whom remedial action or penalties may be
pursued, a written notice that describes the following: a) the location of the property and the nature of
the alleged violation; b) a general description of the remedies and penalties that may be incurred; c) the
action(s) needed to correct the alleged violation, which shall include a requirement to restore areas
affected by unlawful discharge(s) to the pre -violation condition; d) the time limit, if required, by which
corrective actions must occur; e) how to provide explanatory or additional information to LUESA and a
contact Person with whom the alleged violation can be discussed; and f) how to request a meeting with
LUESA with respect to alleged violations as described in Section 8(b)(3) below. The notice shall also
require the Person to whom the notice has been given to provide written notification explaining actions
taken to correct the alleged violation and to prevent future violations. Only one such notice shall be
required to each Person alleged to be responsible for a violation, regardless of the number of remedies
or penalties that are pursued or the timing of their institution. In addition, no time period for compliance
need be given for obstructing, hampering or interfering with an authorized LUESA representative while
in the process of carrying out duties under this Ordinance.
Said notice shall further advise the Person responsible for the alleged violation that should the Person
fail to remediate or restore the affected area(s) within the established deadline, under certain
circumstances the restoration work may be done by LUESA or a contractor designated by LUESA
pursuant to Section 80), and the expense thereof shall be charged to the Person responsible for the
alleged violation.
(2) Service.
The notice may be served by mail, hand delivery, or by any means authorized under N.C.G.S. IA-1,
Rule 4 of the North Carolina Rules of Civil Procedure. Refusal to accept the notice shall not relieve the

Chapter 52A. Surface Water Pollution Control
violator's obligation to comply with this Ordinance.
(3) Meeting with LUESA.
If the Person responsible for the alleged violation makes a timely request for a meeting with LUESA
during the time period set forth in the notice, such meeting shall be scheduled at a time determined in
the discretion of LUESA prior to taking an enforcement action authorized by this Ordinance. The Person
responsible for the alleged violation shall have the opportunity to present any information relevant to
the alleged violation or proposed remedy or penalty at the meeting, in writing or orally.
C. Civil Penalties
(1) Any Person who allows, acts in concert, participates, directs, or assists directly or indirectly in the
creation of a violation of this Ordinance is subject to a civil penalty. A civil penalty may be assessed
from the date the violation first occurs.
(2) The maximum civil penalty for each violation of this Ordinance is $5,000.00. Each Day of violation
shall constitute a separate violation.
(3) No penalty shall be assessed until the Person alleged to be in violation has been served notice of the
violation as described in Section 8(b). Refusal to accept the notice shall not relieve the violator of the
obligation to pay such penalty.
(4) Penalties may be assessed concurrently with a notice of violation for any of the following:
(i) Obstructing, hampering or interfering with an authorized LUESA representative who is in the
process of carrying out official duties under this Ordinance;
(ii) A repeated violation for which a notice of violation was previously given to the Person
responsible for the violation; or
(iii) Willful violation of this Ordinance.
(5) In determining the amount of a civil penalty, LUESA in concert with the Matthews' Environmental
Advisory Committee shall consider any relevant mitigating and aggravating factors including, but not
limited to the following:
(i) Degree and extent of harm caused by the violation;
(ii) Cost of rectifying the damage;
(iii) Amount of money saved through non-compliance;
(iv) Whether the violator took reasonable measures to comply with this Ordinance;
(v) Knowledge of the requirements by the violator and/or reasonable opportunity or obligation to
obtain such knowledge;
(vi) Whether the violator voluntarily took reasonable measures to restore any areas damaged by
the violation;
(vii) Whether the violation was committed willfully;
(viii) Whether the violator reported the violation to an appropriate authority;
(ix) Technical and economic reasonableness of reducing or eliminating the discharge; and
(x) Prior record of the violator in complying or failing to comply with this Ordinance or any
other water Pollution control ordinance or regulation.
(6) LUESA in concert with the Matthews' Environmental Advisory Committee shall determine the amount
of the civil penalty to be assessed under this section and shall make written demand for payment upon
the Person in violation and shall set forth in detail a description of the violation for which the penalty

Chapter 52A. Surface Water Pollution Control
was imposed. Notice of said assessment shall be by registered or certified mail or other means
reasonably calculated to give adequate notice. If a violator does not pay a civil penalty assessed within
thirty (30) Days after it is due, or does not request a hearing as provided in Section 9, the Town of
Matthews shall 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.
Such civil actions must be filed within three (3) years of the date the notice of assessment was served on
the violator.
(7) An assessment that is not contested is due when the violator is served with a notice of assessment. An
assessment that is contested is due at the conclusion of the administrative and judicial review of the
assessment.
(8) Civil penalties collected pursuant to this Ordinance shall be credited to the Town of Matthews general
fund as a non -tax revenue.
(9) A violation of this Ordinance shall not constitute a misdemeanor or infraction punishable under G.S. 14-
4, but instead shall be subject to the civil penalties fixed by this section.
D. Cost Recovery.
LUESA in concert with the Matthews' Environmental Advisory Committee may also recover from the violator:
(1) Costs to restore damaged property based on restoration costs, which include, but are not limited to,
cleanup costs, devaluation of the property, value of animal and plant life damaged, and County
administrative costs.
(2) Compensation for damage to or destruction of the Storm Water System owned and maintained by the
Town of Matthews.
In no case shall the maximum penalty per Day exceed the amount as specified in Section 8(c)(2).
E. Compliance Agreement.
LUESA in concert with the Matthews' Environmental Advisory Committee may enter into compliance agreements,
assurances of voluntary compliance, or other similar documents establishing an agreement with the Person
responsible for the non-compliance. Such agreements will include specific actions to be taken by the Person in
violation to correct the non-compliance within a time period specified by the agreement. Compliance agreements
shall have the same force and effect as compliance orders issued pursuant to Section 8(f) below.
F. Compliance Order.
When LUESA in concert with the Matthews' Environmental Advisory Committee finds that any Person has violated
or continues to violate any section of this Ordinance, an order may be issued to the violator directing that they do
one, or a combination, of the following:
(1) Comply with the sections of this Ordinance in accordance with a time schedule set forth in the order;
(2) Take appropriate remedial or preventive actions for a continuing or threatened violation of any section
of this Ordinance, including installation and proper operation of adequate structures/devices and/or
implementation of procedures and management practices;
(3) Pay a civil penalty for violating any section of this Ordinance.
G. Cease and Desist Order.
Cease and desist orders may be issued as follows:

Chapter 52A. Surface Water Pollution Control
(1) If LUESA in concert with the Matthews' Environmental Advisory Committee finds that any Person has
violated or continues to violate any section of this Ordinance, an order issued pursuant to this Ordinance,
or any other provision of applicable law, an order may be issued requiring such Person to cease and
desist all such violations and direct such Person to perform any one or more of the following:
(i) Comply immediately with all sections of this Ordinance, an order issued pursuant to this Ordinance,
or other applicable law;
(ii) Take appropriate remedial or preventive actions for a continuing or threatened violation of any
section of this Ordinance, a compliance agreement issued pursuant to this Ordinance, an order issued
pursuant to this Ordinance, or any other provision of applicable law.
(2) LUESA in concert with the Matthews' Environmental Advisory Committee may include in such order
the payment of a civil penalty for violating any section of this Ordinance, or for violating a compliance
agreement or order issued pursuant to this Ordinance.
H. Withholding of Inspections, Permits, Certificate of Occupancy or Other Approvals.
Permits for development or other improvements; requests for plan approval for zoning, subdivision, other
development or construction; and certificates of occupancy for the property on which the violation occurred may be
withheld or conditioned upon compliance with this Ordinance until a violator with ownership or management of the
property for which permits or approvals are sought has fully complied with this Ordinance and all actions taken
pursuant to this Ordinance.
I. Restoration of Areas Affected by Failure to Comply.
LUESA in concert with the Matthews' Environmental Advisory Committee may require a Person responsible for a
violation to restore all areas affected by the violation to their pre -violation condition in order to minimize the
detrimental effects of the resulting impacts. This authority is in addition to any other enforcement actions authorized
under this Ordinance.
J. Abatement by LUESA.
If any violation has not been corrected pursuant to the requirements set forth in the notice of violation or by other
allowable remedies, or, in the event of an appeal under Section 9, within ten (10) Days of the decision of the
Matthews' Environmental Review Committee to uphold the decision of LUESA , then LUESA or a contractor
designated by LUESA may enter upon the subject premises and is authorized to take any and all measures necessary
to abate the violation and/or restore impacted areas to their pre -violation condition in order to minimize the
detrimental effects of the resulting impacts. It shall be unlawful for any Person in possession or control of any
premises to refuse to allow LUESA or its designated contractor to enter upon the premises for the purposes set forth
above.
The Person in violation will be notified of the cost of abatement, including administrative costs. If the specified
amount is not paid within thirty (30) Days after it is due, the Town of Matthews shall institute a civil action to recover
the specified amount. The civil action shall be brought in Mecklenburg County General Court of Justice or in any
other court of competent jurisdiction. Such civil actions must be filed within three (3) years of the date said notice
was served on the violator.
K. Emergencies.
If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose an
immediate danger to the public health, safety, or welfare, or the environment, including but not limited to Waters of
the State, then LUESA in conjunction with the Matthews' Environmental Review Committee may order the
immediate cessation of the violation. Any Person ordered to cease such violation or to remedy such violation shall
do so immediately. LUESA in conjunction with the Matthews' Environmental Review Committee may seek
immediate enforcement through any remedy or penalty authorized in this Ordinance or other applicable law.
L. njunctive Relief.

Chapter 52A. Surface Water Pollution Control
(1) Whenever LUESA in conjunction with the Matthews' Environmental Review Committee has
reasonable cause to believe that any Person is violating or threatening to violate this Ordinance, the
Town of Matthews may, either before or after the institution of any other action or proceeding
authorized by this Ordinance, institute a civil action for injunctive relief to restrain the violation or
threatened violation. The action shall be brought pursuant to G.S. 153A-123 in Mecklenburg County
General Court of Justice.
(2) Upon determination by a court that an alleged violation is occurring or is threatened, the court shall
enter such orders or judgments as are necessary to abate the violation or to prevent the threatened
violation. The institution of an action for injunctive relief under this section shall not relieve any party
to such proceedings from any civil penalty prescribed for violations of this Ordinance.
§52A.09 APPEALS
A. Appeal Process.
The issuance of a notice of violation, assessment of a civil penalty, compliance agreement, compliance order and/or
cease and desist order for violations of this ordinance shall entitle the Person alleged to be responsible for the violation
("Appellant") to an appeal hearing before the Matthews' Environmental Advisory Committee ("Committee") if such
Person submits a written Notice of Appeal to the Committee within the number of Days specified below following
the receipt of the notice from LUESA:
(1) Notice of Violation and/or Assessment of a Civil Penalty issued pursuant to Section 8(b) and/or Section
8(c) = thirty (30) Days
(2) Compliance Agreement and/or Compliance Order issued pursuant to Section 8(e) and/or Section 8(f) _
twenty (20) Days
(3) Cease and Desist Order issued pursuant to Section 8(g) = ten (10) Days
The Committee shall then grant an appeal hearing within thirty (30) Days after receipt of written Notice of Appeal.
The Committee shall notify the appellant at least ten (10) Days prior to the date of the hearing as to the time and
place.
B. Final Decision.
The decision of the Committee shall constitute a final decision.
C. Compliance with Final Decision.
Thereafter the appellant shall have thirty (30) Days to comply with the final decision of the Committee.
D. Petition for Review in Superior Court.
Any party aggrieved by the decision of the Committee with regard to the notice of violation, assessment of a civil
penalty, compliance agreement, compliance order and/or cease and desist order shall have thirty (30) Days from the
receipt of the decision of the Committee to file a petition for review in the nature of certiorari in Superior Court with
the Clerk of Mecklenburg County General Court of Justice.
§52A.10 SEVERABILITY
10

Chapter 52A. Surface Water Pollution Control
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall
nevertheless continue in full force and effect.
(Chapter 52 repealed and replaced with Chapter 52A via ordinance 2287, passed 2/12/2018)
11