HomeMy WebLinkAboutMecklenburg County - Surface Water Pollution Control Ordinance (Revised 5-21-2020)Mecklenburg County, NC
Minute Book 48-A
Document #129
Mecklenburg County Surface Water Pollution Control Ordinance
Section 1. Title
This Ordinance shall be cited as the "Mecklenburg County Surface Water Pollution
Control Ordinance."
ction 2. General Authorization and Ordinance Purpose
North Carolina General Statute GS § 153A-121, among other things, authorizes counties to adopt
ordinances that define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to
the health, safety, or welfare of its citizens.
The purpose of this Ordinance is to meet the requirements of Mecklenburg County's NPDES
MS4 Stormwater permit and to support the protection of surface water quality within the
County's jurisdiction by controlling the Discharge of Pollutants to the Stormwater System
and making it illegal for Non-Stormwater or Pollutants to be Discharged to the Stormwater
System or Waters of the State. This Ordinance is supplemental to and in no way replaces
regulations, rules, statutes, and laws administered by the State or federal government.
The objectives of this Ordinance are:
(1) To regulate the Discharge of Pollutants to the Stormwater System and the Waters of the
State;
(2) To prohibit Illicit Discharges and Illicit Connections to the Stormwater System and the
Waters of the State; and
(3) To establish legal authority to carry out all investigation, inspection, surveillance,
monitoring, enforcement and penalty procedures necessary to ensure compliance with this
Ordinance.
Section 3. Territorial Jurisdiction
This Ordinance is applicable to all parts of Mecklenburg County not located within a
municipality's corporate limits. Pursuant to North Carolina General Statute 153A-122, the
governing body of any municipality located within Mecklenburg County may by resolution
permit an ordinance to be applicable within the corporate limits of such municipality. The
municipality may by resolution withdraw its permission to the applicability of this Ordinance
to property within its corporate limits. If it does so, the municipality shall give written notice
to the County of its withdrawal of its permission. Thirty (30) days after the date the County
receives such notice this Ordinance will cease to be applicable within that municipality.
Section 4. Definitions
The following words, terms and phrases, whether shown in uppercase or in lowercase, when
used in this Ordinance, or in a notice required by this Ordinance, shall have the meaning ascribed
to them in this Section, except where the context clearly indicates a different meaning:
Charity vehicle Washing means vehicle washing performed to raise money to be used for
purposes other than making a profit.
County means Mecklenburg County, North Carolina.
Commercial means activity or property devoted in whole or in part to commerce, that is, the
exchange and buying and selling of commodities or services.
Days) means calendar day(s), including Saturdays, Sundays, and holidays, unless otherwise
specified.
Director means the person appointed by the County to lead the department that is responsible for
management of the County's NPDES MS4 stormwater permit who is charged with certain duties
and responsibilities by this Ordinance, or that person's duly authorized representative(s).
Discharge or Discharged means the addition, release, or disposal ofNon-Stormwater or any
pollutant, whether it is solid, liquid, or gaseous form, either directly or indirectly to the
stormwater system or the Waters of the State.
EPA means the United States Environmental Protection Agency or other duly authorized official
of the agency.
High Polycyclic Aromatic Hydrocarbon (PAH) Pavement Product means a product, material or
substance that contains greater than 0.1% (1000 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, RT42, 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, 6599649-6, 800745-2, 64742-904, or 69013-214.
Illicit Connection means any physical connection, actual or potential flow Discharge, or other
condition that could allow Non-Stormwater or a Pollutant to enter the Stormwater System or the
Waters of the State. Examples of illicit connections include, but are not limited to: Wastewater
lines such as those from washing machines or sanitary sewers; and pipes, drains, hoses, ditches,
troughs, etc. carrying Wastewater, Washwater or any other Non-Stormwater or Pollutant from a
facility, dwelling, building, vehicle, operation, or property, except as allowed pursuant to Section
5(a) of this Ordinance.
Illicit Discharge means any Discharge not composed entirely of Stormwater that may directly or
indirectly enter the Stormwater System or the Waters of the State, except as allowed pursuant to
Section 5(a) of this Ordinance. Examples of Illicit Discharge include, but are not limited to: oil,
grease, household and industrial chemical waste; sanitary sewage; Wastewater; paint; paint
Washwater; garbage; yard wastes animal waste; food waste; cooking oil/grease, swimming
pool/hot tub/spa water containing Pollutants; concrete; concrete equipment Washwater;
commercial vehicle Washwater; heated water; soaps/detergents; sediment/silt or any other
discarded of abandoned substances or waste materials.
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Incidental means occurring by chance or without intention or calculation, also, occasional,
minor, casual or subordinate in significance or nature.
Mecklenburg County Land Use &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.
MS4 means municipal separate storm sewer system.
NCGS or GS means North Carolina General Statute(s).
NPDES Discharge Permit means the National Pollutant Discharge Elimination System Permit
issued pursuant to the federal Clean Water Act, 33 USC 1251 et seq.
PAH means polycyclic aromatic hydrocarbons.
Persons) means any individual, partnership, firm, association, agency, joint venture,
company, trust, estate, corporation, board, cooperative, interstate body, commission,
institution, utility, governmental entity, NPDES permittee or other legal entity, or their legal
representative, agents or assigns.
Pollutant means any substance that alters or has the potential to alter the chemical,
physical, biological, thermal and/or radiological integrity of water.
Potable Water means water that is suitable for human consumption.
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.
Stormwater means any flow of water occurring during or following any form of natural
precipitation and resulting therefrom.
Storm Water Advisory Committee ("SWAG') means the Charlotte -Mecklenburg Storm
Water 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.
Stormwater System means the network of curbs, gutters, inlets, catch basins, manholes,
pipes, ditches, swales, ponds, detention and retention basins, and other natural or
manmade facilities and appurtenances that serve to collect and convey stormwater
through and from a given drainage area to the Waters of the State. For purposes of this
Ordinance, Stormwater System includes the County and Towns' municipal Stormwater
System and privately owned and operated Stormwater Systems on private property that
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discharge or flow to the County/ I own's municipal Stormwater System or the Waters of
the State.
Uncontaminated means not containing any pollutants.
Unmodified Potable Water means Potable Water that does not contain any Pollutants or
chemical agents such as detergents, acids, degreasers, surfactants or other agents added to
or mixed with it, regardless of whether the added/mixed agent is labeled as or is generally
considered to be environmentally safe and/or biodegradable.
Violation means an act, action, allowance, or occurrence that fails to comply with any
prohibition or requirement set forth in this Ordinance.
Violator means the Persons) determined to be responsible for the Violation.
Washwater 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 Stormwater or
Uncontaminated Potable Water, Discharged after use. Examples of Wastewater include
but are not limited to: water Discharged after use generally for industrial or
manufacturing process; sewage treatments or water used for washing, flushing, or
cleaning.
Waters of the State, as defined in NCGS § 143-212(6), as may be amended from time to
time, in compliance with Federal and State law.
Section 5. Prohibitions
(a) Illicit Discharges)
No Person shall cause or allow the Discharge ofNon-Stormwater or any Pollutants, either
directly or indirectly, to the Stormwater System, the Waters of the State, or upon the land in a
manner or amount that is likely to reach the Stormwater System or the Waters of the State
except as allowed pursuant to Section 5(h) of this Ordinance. Upon discovery, the Violator
shall immediately: collect and remove the Non-Stormwater or Pollutant; restore all affected
areas to their pre -Discharge condition; and implement actions to prevent further Discharges of
Non-Stormwater or Pollutants.
(b) Illicit Connection(s)
No person shall install, maintain or use any connection to the Stormwater System or the
Waters of the State for the Discharge of Non-Stormwater or Pollutants; or shall cause Non-
Stormwater or Pollutants to be discharged or conveyed through any connection to the
Stormwater System or the Waters of the State unless the Discharge is an allowable Discharge
pursuant to Sub -Section 5(h). Upon discovery of the Illicit Connection, the Violator shall
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immediately remove the connection and restore all affected areas to their pre -connection
condition in a manner to prevent any Discharges of Non-Stormwater or Pollutants to the
Stormwater System.
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.
(c) Accidental Discharges)
Accidental Discharge(s), as described in this Sub -Section, shall be a Violation. If an accidental
Discharge to the Stormwater System or the Waters of the State occurs, the Person responsible for
the Violation shall immediately collect and remove the Discharge and restore all affected areas to
their pre -Discharge condition. The Person responsible for the Violation shall immediately notify
the County, and other local, State, and federal 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(s) taken. Such notification shall not relieve the Person responsible for the
Violation of any of the expenses related to removal, restoration, loss, damages or any other
liability that may be incurred as a result; nor shall such notification relieve the Person
responsible for the Violation from other liability that may be imposed by this Ordinance or any
other applicable regulations, rules, statues, or laws.
(d) Improper Storage, Handling, or Processing of Materials
No Person shall store, handle, or process any material upon the land in any manner or method
that would allow the material to deposit Pollutants upon the land which may become intermixed
with Stormwater entering into the Stormwater System or the Waters of the State.
(e) Failure to Comply
Failure to comply with any requirements or corrective actions set forth in a Notice of Violation,
Notice of Civil Penalty Assessment, Compliance Order, or any other notice or order issued
pursuant to Section 7 of this Ordinance, shall be deemed a Violation of the Ordinance. The
Violation may be enforced against the Violator as a discrete Violation of or as a factor in
conjunction with other enforcement remedies and penalties.
(f) 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 Sub -Section, the term "high PAH pavement product" means a product, material
or substance that contains greater than 0.1% (1000 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. Refer to Section 4 of
this Ordinance for further specifications of high PAH pavement products.
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(9) Obstruction
No person shall obstruct, hamper, or interfere with Lite Director carrying out official duties
authorized by this Ordinance. Upon presentation of credentials by the Director, 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. Denial of access
or unreasonable delays in providing safe and reasonable access or removing obstructions shall
be deemed a Violation of this Ordinance. The 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.
(h) Allowable Incidental Discharges of Non-Stormwater
Stormwater is the only discharge permitted in the Stormwater System or the Waters of the State
with exception of the following allowable Incidental Non-Stormwater Discharges; provided that
said Discharges do not negatively impact the surface water quality. Allowable Incidental Non-
Stormwater Discharges include:
(1) Water line flushing, providing the discharge does not cause an exceedance of surface water
quality standards;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Uncontaminated groundwater infiltration (as defined as 40 CFR §35.2005(20));
(5) Uncontaminated, pumped groundwater;
(6) Rising groundwaters;
(7) Discharges from Uncontaminated Potable Water sources;
(8) Collected infiltrated Stormwater from foundation drains or footing drains;
(9) Air conditioning condensate from residential or commercial units;
(10) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200);
(11) Uncontaminated springs;
(12) Uncontaminated, collected groundwater and infiltrated Stormwater from basement or crawl
space pumps;
(13) Lawn watering;
(14) Swimming pool and hot tub/spa Discharges, provided that the Discharge does not contain
chlorine, bromine, salt, or any other treatment chemicals. These Discharges do not include
swimming pool or hot tub/spa filter backwash Discharges or saltwater pool Discharge,
which are expressly prohibited;
(15) Street Washwater only when Unmodified Potable Water is used,
(16) 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. This allowance
does not include discharge flows from fire and rescue training operations;
(17) Single-family residential and charity vehicle washing (*see note below);
(18) Flows from riparian habitats and wetlands;
(19) NPDES permitted Discharges authorized by the State or EPA, provided said Discharges
are in compliance with the requirements, conditions, and discharge limitations of the
NPDES permit;
(20) 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 the County prior to testing;
(21) Water used for removal of Stormwater System blockages only when Unmodified Potable
Water is used; and
(22) Splash pad (spray ground) water from a Potable Water source only; refer to Section
5(h)(14) if the water is treated with chemicals used similarly for a swimming pool or hot
tub/spa.
*Designated vehicle wash areas at multi -family residential complexes are not allowed if they
connect, directly or indirectly, to the Stormwater System or the Waters of the State. Charity
vehicle washing performed by the same organization or at the same location on a routine basis
more than one time in a thirty -day period) is not allowed under this Ordinance.
Section 6. Powers and Authority for Inspection
(a) Authority to Inspect and Monitor
The Director, bearing proper identification, may enter upon 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 the
Director ready access at all times to all parts of the premises to perform inspection,
investigation, monitoring, records examination, copying, photography, video recording
or other duties. The Director shall have the right to set up on a 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, the
Director will be permitted to enter and perform their specific duties and responsibilities
without delay.
(b) Search Warrants
Should the occupant of private property refuse to permit such reasonable access, the
Director shall proceed to obtain an administrative search warrant pursuant to NCGS 15-
27.2, or its successor to conduct investigations and determine compliance with this
Ordinance.
Section 7, Enforcement Remedies 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 by law; and may be
exercised in any order.
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(h) Notice of Violation
Any person who violates any provision contained herein, or allows a direct or indirect, act or acts
which causes a Violation of this Ordinance is subject to the issuance of a written Notice of
Violation.
(1) Content of Notice
Except in emergencies, as described in Sub -Section 7(k), upon the Director's determination that
a Violation has occurred, the Director shall provide written notice that contains: a) the location of
the Violation; b) the nature of the Violation, c) a general description of the remedies and
penalties that may be incurred; d) the action(s) needed to correct the Violation, which shall
include, as applicable, requirements to. 1) immediately cease any Discharge contributing to the
Violation; 2) collect, remove, and properly dispose of the discharge material; 3) restore areas
affected by the Violator's Discharge(s) to their pre -Violation condition; and 4) take appropriate
corrective and/or preventive actions to prevent further illegal Discharges; e) a deadline, if
required, by which corrective actions must occur; f) how to provide explanatory or additional
information to the Director; g) a contact person with whom the Violation can be discussed; and
h) how to request a meeting with the Director for certain Violations as described in Sub -Section
7(b)-3. When deemed necessary by the Director, the notice shall also require the Violator to
provide a written response explaining the actions taken to correct the Violation, restore affected
areas, and to prevent future Violations. Only one such notice shall be required to each Violator,
regardless of the number of remedies or penalties that are pursued or the timing of their
institution.
The notice shall further advise the Violator that should the Violator fail to remediate or restore
the affected areas) within the established deadline, the restoration work may be done by the
County or a contractor designated by the County pursuant to Sub -Section 70), and the expense
thereof will be charged to the Violator.
(2) Service of Notice
Notice of the Violation may be served by United States Postal Service certified mail, regular
mail, special delivery, hand delivery, or by any means authorized under NCGS lA-1, Rule 4 of
the North Carolina Rules of Civil Procedure. Refusal to accept the notice shall not relieve the
Violator's obligation to comply.
(3) Meeting with the Director
If the Violator makes a timely request for a meeting with the Director during the time period set
forth in the notice, such meeting shall be scheduled at the agreed upon time prior to imposing
any remedy or penalty. The Violator shall have the opportunity to present any information
relevant to the Violation or proposed remedy or penalty at the meeting, both orally and/or in
writing.
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(c) Civil Penalties
(1) Any person who violates, or allows to be violated, either directly or indirectly a provision of
this Ordinance is subject to a civil penalty. A civil penalty may be assessed for the time
period from the date the Violation first occurs until the date that the Violation ceases as
verified by the Director.
(2) The maximum civil penalty for each Violation of this Ordinance is $105000.00 per Day.
Each Day of Violation shall constitute a separate Violation.
(3) Except in emergencies, as described in Sub -Section 7(k), no penalty shall be assessed until
the Violator has been served written notice of the Violation as described in Sub -Section
7(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 the Director who is in the process of
carrying out official duties under this Ordinance;
(ii) A repeated or continuing Violation for which a notice of Violation was previously
served to the Violators or
(iii) Willful or intentional Violation.
(5) In determining the amount of civil penalty, the Director shall consider any relevant and
aggravating and mitigating factors including, but not limited to the following:
(i) Degree and extent of harm caused by the Violation;
(ii) Whether money was or could have been saved by non-compliance;
(iii) Whether the Violation was committed willfully or intentionally;
(iv) Prior Violations;
(v) Cost of rectifying the damage;
(vi) Whether the Violator took reasonable measures to comply with the Ordinance;
(vii) Knowledge of the requirements by the Violator and/or reasonable opportunity or
obligation to obtain such knowledge,
(viii) Whether the Violator voluntarily took reasonable measures to restore any areas
damaged by the Violation;
(ix) Whether the Violator reported the Violation to Mecklenburg County or other
appropriate authorities; and
(x) Technical and economic reasonableness of reducing or eliminating the Violation.
(6) The Director shall determine the amount of the civil penalty, including administration costs,
to be assessed under this Section and shall make written demand for payment upon the
Violator. Notice of said civil penalty assessment shall be issued pursuant to Sub -Section
7(b)-2. If a Violator does not pay an assessed penalty within 30 days after it is due or does
not request a hearing pursuant to Section 8 of this Ordinance, the Director may request the
County Attorney to institute a civil action to recover the amount of the civil penalty. The
civil action shall be brought in Mecklenburg County Superior Court or in any other court of
competent jurisdiction. Such civil actions must be filed within three years of the date the
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notice of civil penalty assessment was served on the Violator.
(7) A civil penalty assessment that is not contested is due within 30 days from the date the
Violator is served with a notice of the penalty assessment. A civil penalty assessment that is
unsuccessfully contested is due at the conclusion of the administrative and judicial review.
(8) Civil penalties collected pursuant to this Ordinance, less County administration costs, shall
be remitted to the Charlotte -Mecklenburg School System.
(9) In no case shall the maximum civil penalty per Day exceed the amount as specified in Sub -
Section 7(c)-2.
(10) A Violation of this Ordinance shall not constitute a misdemeanor or infraction punishable
under NCGS § 144.
(d) Cost Recovery
The County may also recover from the Violator:
(1) Costs to restore damaged property based on restoration costs incurred by the County, which
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nclude, but are not limited to, cleanup costs, permanent devaluation of the property, value
of animal and plant life damaged, and County administrative costs.
(2) Compensation for damage to or destruction of the Stormwater System.
(e) Compliance Agreement
The Director may enter into compliance agreements, assurances of voluntary compliance, or
other similar documents establishing an agreement with the Violator. Such agreements will
include specific actions to be taken by the Violator. Compliance agreements shall have the same
force and effect as compliance orders issued pursuant to Sub -Section 7(f) below.
(f) Compliance Order
When the Director finds that a Violator 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 preventative actions for a continuing or threatened Violation
of any Section of the Ordinance, including installation and proper operation of adequate
structures/devices and/or implementation of procedures and management practices; and
(3) Pay a civil penalty for violating any Section of this Ordinance.
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(g) Cease and Desist Order
Cease and desist orders may be issued as follows:
(1) If the Director 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, the Director may issue an order 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 laws and
(ii) Take appropriate remedial and preventative 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) The Director 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, or Other Approvals
The Director may withhold or condition upon compliance with this Ordinance, building
inspections; permits for development or other improvements; and requests for plan approval for
zoning, subdivision, other development or construction 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 the Ordinance.
(i) Restoration of Areas Affected by Failure to Comply
The Director may require a Violator 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 remedies authorized by this Ordinance.
(j) Abatement by the County
If a Violation has not been corrected pursuant to the requirements set forth in the notice of
Violation, or in emergency situations as described in Sub -Section 7(k), or by other allowable
remedies, or in the event of an appeal pursuant to Section 8 of this Ordinance, within 10 days of
the decision of the Stormwater Advisory Committee to uphold the decision of the Director, then
the County or a contractor designated by the County 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 the County or its designated contractor to enter upon the premises for the purposes set
forth above.
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The Violator will be notified of the cost of abatement, including administrative costs. If the
specified amount is not paid within 30 days of receipt of the notification, the Director may
request the County Attorney to institute a civil action to recover the specified amount. The civil
action shall be brought in Mecklenburg County Superior Court or in any other court of
competent jurisdiction. Such civil actions must be filed within three 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 threat or danger to the public health, safety, or welfare, or to the
environment, including but not limited to, the Waters of the State, then the Director may order
the Violator to immediately cease and abate the Violation. Any Person ordered to cease such
Violation or to abate such Violation shall do so immediately. The Director may seek immediate
enforcement through any remedy or penalty authorized in this Ordinance or other applicable law,
including but not limited to, abatement of the Violation as described in Section 70) of this
Ordinance.
(1) Injunctive relief
(1) Whenever the Director has reasonable cause to believe that any Person is violating or
threatening to violate this Ordinance, the Director may, either before or after the institution
of any other action or proceeding authorized by this Ordinance, authorize the County
Attorney to institute a civil action in the name of the County for injunctive relief to restrain
the Violation or threatened Violation. The action shall be brought pursuant to NCGS 153A-
123 in Mecklenburg County Superior Court.
(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
Sub -Section shall not relieve any party to such proceedings from any civil penalty
prescribed for Violations of this Ordinance.
Section 8. Anneal Process
(a) Public Hearing
(1) The issuance of a notice of Violation or notice of civil penalty assessment by the Director
sIall entitle the Violator ("Petitioner") to a public hearing before the Storm Water Advisory
Committee ("Committee") if such Person submits written demand for a hearing to the Clerk
of the Committee ("Clerk") within 30 days of the receipt of the notice. The demand for a
hearing filed with the Clerk shall be accompanied by a filing fee as established by the
Committee. In the demand for a hearing on a civil penalty assessment, the Petitioner must
state separately each reason why such penalty should not be assessed or, if the Petitioner
contends that the civil penalty was assessed in an improper amount, each reason why the
amount of the penalty is improper. Each assessment of a civil penalty that has been included
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in a demand for a hearing in accordance with this Sub -Section is stayed and shall not take
effect until the earliest occurrence of any one of the following circumstances: the assessment
of the civil penalty is approved or is modified by the Committee; or the Petitioner and the
Director agree on the assessment of the civil penalty. This Sub -Section shall not be
construed to stay any Section of this Ordinance of other applicable law.
(2) The issuance of a compliance order and/or cease and desist order by the Director shall
entitle Petitioner to a public hearing before the Committee if such Petitioner submits written
demand for a hearing to the Clerk within the following schedule.
(i) Within twenty (20) days of the receipt of a compliance order issued pursuant to
Section 7(f) of this Ordinance;
(ii) Within ten (10) days of the receipt of a cease and desist order issued pursuant to
Section 7(g) of this Ordinance.
The demand for a hearing filed with the Clerk shall be accompanied by a filing fee as
established by the Committee. In the demand for a hearing on the issuance of such an order,
the Petitioner must identify separately each provision of the order that is improper and every
basis for such contention. Each provision of an order that has been included in a demand for
a hearing in accordance with this Sub -Section is stayed and shall not take effect until the
earliest occurrence of any one of the following circumstances: such provision is approved or
is modified by the Committee, or the Petitioner and the Director agree on the terms of the
order. This Sub -Section shall not be construed to stay any Section of this Ordinance or other
applicable law.
(3) The Director, at their discretion, may grant an extension to the deadline for filing a demand
for a hearing before the Committee.
(4) Failure to timely file such demands) and feels) within the applicable deadline, including
any extension granted by the Director shall constitute a waiver of any rights to appeal under
this Ordinance and the Committee shall have no jurisdiction to hear the appeal.
(5) Within five (5) days of receiving the Petitioner's demand for a hearing, the Clerk shall notify
the Chairman of the Committee ("Chairman") of the request for hearing. As soon as possible
after the receipt of said notice, the Chairman shall set a time and place for the hearing and
notify the Petitioner by mail of the date, time and place of the hearing. The time specified
for the hearing shall be either at the next regularly scheduled meeting of the Committee
from the submission of the notice, or as soon thereafter as practical, or at a special meeting.
The hearing shall be conducted pursuant to the provisions of Sub -Section 8(b) of this
Ordinance.
(6) Any party aggrieved by the decision of the Committee with regard to the issuance of a
notice of Violation, notice of assessment of a civil penalty, cease and desist order or
compliance order shall have 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 Superior Court.
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(b) Hearing Procedure
The following provisions shall be applicable to any hearing conducted by the Committee
pursuant to Sub -Section 8(a).
(1) At the hearing, Petitioner and the Director shall have the right to be present and to be heard,
to be represented by counsel, and to present evidence through witnesses and competent
testimony relevant to the issue(s) before the Committee.
(2) Rules of evidence shall not apply to a hearing conducted pursuant to this Ordinance and the
Committee may give probative effect to competent, substantial and material evidence.
(3) At least 7 days before the hearing, the parties shall exchange a list of witnesses expected to
be called at the hearing and a copy of any documentary evidence intended to be presented.
The parties shall submit a copy of this information to the Clerk. Additional witnesses or
documentary evidence may not be presented except upon consent of both parties or upon a
majority vote of the Committee.
(4) Witnesses shall testify under oath or affirmation to be administered by the Court Reporter or
another duly authorized official.
(5) The procedure at the hearing shall be such as to permit and secure a full, fair and orderly
hearing and to permit all relevant, competent, substantial and material evidence to be
received therein. A full record shall be kept of all evidence taken or offered at such hearing.
Both the representative for the Director and for the Petitioner shall have the right to examine
and cross-examine witnesses.
(6) At the conclusion of the hearing, the Committee shall render its decision on the evidence
submitted and not otherwise.
(i) If, after considering the evidence presented at the hearing, the Committee concludes
by a preponderance of the evidence that the grounds for the Director's actions
(including the amount assessed as a civil penalty) with regard to either issuing a
notice of Violation, assessing a civil penalty, issuing a cease and desist order or
issuing a compliance order are true and substantiated, the Committee shall uphold
the action on the part of the Director.
(ii) If, after considering the evidence presented at the hearing, the Committee concludes
by a preponderance of the evidence that the grounds for the Director's actions
(including the amount assessed as a civil penalty) are not true and substantiated, the
Committee shall, as it sees fit, either reverse or modify any civil penalty
assessment, order, requirement, decision or determination of the Director. The
Committee Bylaws will determine the number of concurring votes needed to
reverse or modify any order, requirement, decision or determination of the Director.
If the Committee finds that the Violation has occurred, but that in setting the
amount of a civil penalty or setting order directives the Director has not considered
or given appropriate weight to either mitigating or aggravating factors, the
Committee shall either decrease or increase the per Day civil penalty within the
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range allowed by this Ordinance, or modify order directives, as appropriate to the
case. Any decision of the Committee that modifies the amount of the civil penalty
or an order directive shall include, as part of the findings of fact and conclusions of
law, findings as to which mitigating or aggravating factors exist and the appropriate
weight that should have been given to such factors by the Director in setting the
amount of the civil penalty or in issuing orders.
(7) The Committee shall keep minutes of its proceedings, showing the vote of each member
upon each question and the absence or failure of any member to vote. The decision of the
Committee shall be based on findings of fact and conclusions of law to support its decision.
(8) The Committee shall send a copy of its findings and decision to the Applicant/Petitioner and
the Director. If either party contemplates an appeal to a court of law, the party may request
and obtain, at that party's own cost, a transcript of the proceedings.
(9) The decision of the Committee shall constitute a final decision.
Section 9. Severability
If any Section(s) or Sub-Section(s) of this Ordinance is/are held to be invalid or unenforceable,
any remaining Sections and Sub -Sections may be given full force and effect.
Section 10. Effective Date
This Ordinance shall be effective upon its adoption.
Adopted the 19 of May 2020, to become effective 21 May 2020.
Approved as to Form
+,nty ttorney
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Clerk to the Board