NCS000453_Indian Trail_Stormwater Utility Ordinance_20200805

CHAPTER 60: STORMWATER UTILITY CONTROL AND MANAGEMENT
STATE OF NORTH CAROLINA )
TOWN OF INDIAN TRAIL )
ORDINANCE # 0200609-331
AN ORDINANCE AMENDING THE STORMWATER CONTROL AND MANAGEMENT
OF THE TOWN CODE FOR INDIAN TRAIL NORTH CAROLINA
WHEREAS, this amendment to the Code or Ordinance was noticed in compliance with North Carolina
General Statutes; and
WHEREAS, the Town Council of the Town of Indian Trail, North Carolina has adopted a Code of Ordinances;
and
WHEREAS, the Town is subject to a federal mandate to create and implement a stormwater control and
management plan; and
WHEREAS, the Town believes that said mandate may be most effectively met by enactment of an ordinance
governing the provision for stormwater control and management in order to create a stormwater public
enterprise utility and to incorporate stormwater control and management requirements promulgated by the
state and federal governments;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Indian Trail, North Carolina,
after due consideration and in the best interest of the citizens and property of Indian trail that:
SECTION 1: Chapter 60, Stormwater Utility Control and Management to the Code of Ordinances is
hereby amended to read as follows:
Chapter 60 Stormwater Utility Control and Management
ARTICLE I. IN GENERAL
Section 60.1 - Title
This chapter shall be and is collectively referred to and cited as "The Stormwater Utility Control and
Management Ordinance of Indian Trail, North Carolina."
Section 60.2 - Purposes and Findings
The purpose of this chapter is to protect and promote the public health, safety and welfare by preventing the
introduction of potentially harmful materials into the storm sewer system within the Town; to protect property
from potential stormwater damage; to maintain and enhance water quality; and to meet the requirements of
the National Pollutant Discharge Elimination System for Stormwater Discharges.
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 1

Section 60.3 - Jurisdiction
The provisions of this chapter shall apply to all the territory encompassed in the Town of Indian Trail, North
Carolina, and to any portion of the stormwater public enterprise system located outside of the corporate limits
of Indian Trail.
Section 60.4 - Authority
This chapter is adopted pursuant to the authority granted to Indian Trail by North Carolina General Statutes
Chapter 160A (Cities and Towns).
Section 60.5 - Definitions
As used in this article, unless the context clearly indicates otherwise, the following definitions apply:
Cemetery or cemeteries are areas that are set aside by public authority or private persons for the burial
of the dead. Cemeteries are classified as independent parcels of land.
Customer or Consumer means the person or entity to which a bill for stormwater service charges is
sent.
Developed Land means real property that contains impervious surfaces and includes improved land
without structures and land on which improvements are under construction.
Dwelling Unit means one (1) or more rooms physically arranged to create a housekeeping establishment
with separate facilities for cooking, sleeping and toilet for occupancy by one (1) or more persons.
Equivalent Residential Unit (ERU) is the median of impervious surface area on a single-family
developed land in Town,
Graveyard is an area attached to a church as one parcel of land that is set aside for the burial of the
dead.
Illicit Connections An illicit connection is defined as either of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system including but not limited to any wastewater, and wash
water to enter the storm drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been previously allowed,
permitted or approved by a government agency; or
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 2

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps or equivalent records and approved by
the Town.
Illicit Discharge means any unlawful disposal, placement, emptying, dumping, spillage, leakage,
pumping, pouring or other discharge of any substance other than stormwater into the storm drain system,
the waters of the U.S., or upon the land such that the substance is likely to reach the storm drain system
or the waters of the U.S. constitutes and illegal discharge, except as exempted in Section 60-9 below.
Impervious surface means any surface that because of its material composition or compacted nature
impedes or prevents natural infiltration of stormwater into the soil. Impervious surfaces include, but are
not limited to; roofs, roof extensions, patios, balconies, decks, athletic courts, swimming pools (excluding
the water are of swimming pools); privately -owned streets, parking areas, driveways, sidewalks and any
concrete, stone, brick, asphalt or compacted and/or sealed gravel surfaces. Porous pavers, un-graveled
natural footpaths, compacted dirt surfaces, non -compacted gravel surfaces, wooden slatted decks over
pervious surfaces, water surfaces of lakes and streams and septic system drain fields are not impervious
surfaces.
Manager shall mean the Town Manager or his/her designee.
Non-residential developed land means all non-residential land uses including, but not limited to,
churches; institutional buildings — whether public or private, hospitals, rest homes, public and private
schools, colleges and universities, institutionally -owned fraternity and sorority houses, dormitories,
commercial, office, hotels and motels, industrial buildings, bona fide farms, storage areas, parking lots
and land containing non-residential improvements under construction or other impervious surfaces,
Other residential developed land means any individual lot or parcel of residential developed
land that is not single-family developed land. It includes, but is not limited to, land upon which
there are residential structures that contain more than one (1) dwelling unit, such as multi -family
dwellings (duplexes and greater), manufactured home parks as defined in the ordinances
regulating development, condominiums, apartments, boarding houses, rooming houses and
privately -owned fraternity and sorority houses. Other residential developed land is sometimes
called "multi -family" land.
Proper Operations and Maintenance means any action necessary to keep stormwater control
measures and devices in proper working condition, so that such facilities will continue to comply
with applicable Town of Indian Trail Code of Ordinances to prevent safety hazards, public
nuisances and the failure of stormwater control measures and devices to function as intended.
Maintenance includes activities identified on approved stormwater control plans, any applicable
stormwater operations and maintenance manual any applicable agreements or certifications to
the Town and those activities outlined in the Town's Technical Standards Manual and this
chapter of the Town of Indian Trail Code of Ordinances.
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 3

Property owner or owner means the owner of a real property as shown on the Union County tax records.
Single-family developed land means an individual lot or parcel of land developed with only one (1)
single family or detached dwelling unit (which may include an accessory apartment), one (1)
manufactured home, or one (1) mobile home and the ownership interest of the land and of the dwelling
unit are united and identical. Single-family developed land shall not include structures used primarily for
non-residential purposes or other residential and non-residential developed property.
Stormwater Control Measure means any device constructed to manage stormwater quantity and/or
quality.
Stormwater management system or system means the network of natural and constructed devices
owned or controlled by the Town for collecting, storing, treating and transporting stormwater. It includes,
but is not limited to, structural drainage systems such as swales and ditches, catch basins, pipes, inlets,
storm sewers, drains, culverts, junction boxes and other stormwater management facilities that affect the
quality and quantity of stormwater located within dedicated public streets rights -of -way and Town of
Indian Trail permanent drainage easements accepted by the Town and any natural stormwater drainage
systems owned or controlled by the Town.
Stormwater service charge is the charge to provide stormwater services to developed property. The
charge is based upon the single-family Equivalent Residential Unite (ERU) as calculated for that property.
Stormwater utility funds means the stormwater service charges and the interest generated by those
charges.
Stormwater service means Towns stormwater management programs designed to protect water quality
by controlling the level of pollutants in, and the quantity and flow of stormwater and Town service of
structural and natural stormwater and drainage systems of all types. Stormwater services include any
cost necessary to ensure that all aspects of stormwater quality and quantity are managed in accordance
with federal and State laws, regulations and rules and costs related to the mapping, planning,
construction, operation, maintenance, inspection, management and regulation of the stormwater
management system and the regulation of impervious surface and stormwater.
Section 60.6 - Severability
If any section or sections of this chapter is/are held to be invalid or unenforceable, all other sections shall
nevertheless continue in full force and remain in effect.
ARTICLE II: THE STORMWATER UTILITY
Section 60.7 - Establishment of a Stormwater Utility
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 4

By the adoption of this ordinance the Town Council hereby establishes a stormwater utility to support
stormwater management programs to protect water quality by controlling the level of pollutants in and the
quantity a flow of stormwater as well as stormwater structures and natural stormwater and drainage systems
of all types. The stormwater utility is a public enterprise furnishing services to the Town and its citizens.
Section 60.8 - Creation of Stormwater Management Accounting
All stormwater service charges and interest generated by such charges, also referred to as the stormwater
utility funds, shall be accounted for separately from all other revenues and funds and shall be used by the
Town of Indian Trail solely for the operational costs, maintenance costs, management costs, indirect costs,
capital improvements, debt principal and debt service and establishment of a reserve fund for stormwater
services the Town may use funds that are not stormwater utility funds to provide stormwater services.
Section 60.9 - Stormwater Management Service Charges
A. Developed land in the Town, whether public or private, shall be subject to a stormwater service charge.
Exemptions shall not be allowed based on age, tax exemption or other status of an individual or
organization. Stormwater service charges may be subject to a credit system as further provided herein.
B. Stormwater service charges on developed land shall be based on a schedule of rates, charges, tiers and
late fees fixed and established from time to time by the Town Council, adopted in the annual budget
ordinance and maintained on file in the offices of the Town Clerk. Stormwater service charges will be
determined and modified from time to time by the Town Council, so that the total revenues generated by
said charges will be used to pay the principal and the interest on the debt incurred for stormwater
purposes, and such expenses as are reasonably necessary for providing stormwater services within the
Town of Indian Trail.
C. Computation of stormwater service charges:
1. For single-family developed residential land, the monthly stormwater service charges shall be based
on the median amount of impervious surface on a single-family residential lot in the Town, which is
known as an "Equivalent Residential Unit" or ERU. (The median amount of impervious surfaces on
a single-family residential lot in the Town of Indian Trail has been calculated to be 2,060 square feet).
There shall be two tiers for single-family developed properties based on the amounts of impervious
surfaces of single-family properties as shown in the following table.
Tier
Residential Rate
Tier 1: 5 2,060 s . ft.
$4.43 per parcel per month
Tier 2: > 2,060 s . ft.
$5.30 per parcel per month
2. For other developed residential land, the monthly stormwater service charges shall be one ERC per
each dwelling unit. This category includes townhouses, apartments, condominiums and other multi-
unit residential developments.
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 5

3. For all other developed properties, the monthly stormwater service charge on developed land is
calculated by dividing the total impervious surface area of the property by one (1) ERU, rounded to
the nearest tenth, multiplied by the established monthly ERU rate (as shown below):
ERU
Non -Residential Rate
ERU = 2,060 s . ft. of impervious area
I Rate = $3.38 per ERU per month
4. The following exemptions from stormwater management service charges are allowed if requests for
exemptions authorized under subsections (4) and (5) are made in writing to the Town Manager or
his designee and document the application of the exemption. The Town Manager may approve or
reject the request in whole or in part.
i. Undeveloped land
ii. Improved public transportation ways, including public streets, roads, greenways and trails,
airport taxiways and runways and internal roads within public facilities which have been
conveyed to the North Carolina Department of Transportation or Town of Indian Trail and which
are used by the general public for motor vehicle transportation.
iii. Railroad tracks. However, railroad stations, maintenance buildings or other developed land shall
not be exempted from stormwater management service charges,
iv. Developed land with less than four hundred (400) square feet of impervious surface area.
v. Cemeteries, excluding buildings located on cemetery property greater or equal to four hundred
(400) square feet of impervious surface area. Churches with attached graveyards shall not be
included in this exemption,
Section 60.10 - Billing Method, Responsible Parties, Collection
A. The Stormwater Utility Fee shall be billed on an annual basis and shall be due and payable within the
time and manner prescribed by law for Town ad valorem taxes (NCGS 105-360). The Town of Indian
Trail Tax Collector shall bill and collect the annual Stormwater Fee established herein in the same
manner as Town taxes are collected and shall include the Stormwater Fee as one (1) or more line items
on the tax bills mailed to each owner of the property subject to the Stormwater Fee,
B. The property owner is ultimately responsible for payment of the stormwater service charge for property
for which the party billed has not paid the stormwater management service charge.
C. Stormwater utility fees shall be past due after January 5th each calendar year. Said past due amounts
shall bear the same rate of interest as unpaid past due property tax. Unpaid past due stormwater utility
bills shall become a lien against the real property and may be collected by civil action in the nature of
foreclosure in the appropriate division of the General Court of Justice for Union County, North Carolina,
In any legal action for collection of past due unpaid stormwater utility bills, the attorney's fees for the
Town shall be taxed against the customer or consumer as a part of the judgment.
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 6

D. If property is under billed, or not billed, or a bill is sent to the wrong party, the Town may back bill up to a
one-year period.
E. Property owners with complaints about the accuracy of stormwater service charges are entitled to and
may request a review of their current charges.
Section 60.11 - Adjustments and Credits Applicable to Stormwater Management Service Charges
A. Adjustments due to error or oversight
1. Request for adjustment of the stormwater service charge shall be submitted in writing to the Director
of Engineering or their designee. Adjustments may be requested for errors or omissions on the
customer's stormwater service charge. All requests shall be judged based on the number of dwelling
units or amount of impervious area on the property.
2. In the case of a stormwater utility service fee adjustment requests related to the amount of impervious
surface on a parcel, the appeal shall include a surveyed map of the parcel prepared by a registered
land surveyor or professional engineer and showing all impervious areas as defined in Section 60-5
of this Code. The map shall be submitted in digital and hard copy format and shall contain a table
summarizing total parcel area, impervious area and any other features or conditions related to
impervious area.
3. Using information provided in the adjustment request, the Director of Engineering or designee shall
conduct a technical review of the conditions on the property and respond to the request in writing.
The Director of Engineering or designee may adjust the fee or credit if the adjustment is in
conformance with the intent of this article. At the conclusion of the review, the Director of Engineering
or designee shall issue a written determination stating whether an adjustment to the stormwater utility
service fee or credit is appropriate, and if so the amount of such adjustment. Denial of a request for
adjustment shall be appealable within 10 calendar days to the Stormwater Committee described in
Article III below whose decision shall be final.
All decisions of the Director of Engineering or designee shall be served on the customer by mailing
to the address provided in the request for adjustment.
5. The Director of Engineering or designee may make no adjustment to a customer's bill for more than
the one-year period immediately preceding the date that the customer's adjustment request is
received by the Director of Engineering or designee.
6. No provision of this article allowing for adjustment of Stormwater Utility Fee shall be deemed to
suspend the due date of the Fee with payment in full. Any adjustment to the Stormwater Utility Fee
for the person pursuing an adjustment shall be made by refund of the amount affected.
B. Credits
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 7

The Town may provide a system of credits to reduce stormwater service charges for properties on
which stormwater control measures substantially mitigate the peak discharge or runoff pollution
flowing from such properties or substantially decrease the Town's cost of maintaining the stormwater
management system, The Town Manager or his designee will develop written policies to implement
the credit system and codify said policies. No credit will be authorized until the Town Council
approves written policies to implement the system of credits; a copy of the approved policies shall
be on file with the Town Clerk. The Town's policies may make credits retroactive to the date
stormwater management service charges were initiated but not to exceed one (1) year. Any bill
charges requiring adjustments must be applied through the utility billing system. But no credit will
be granted for more than one (1) past year. Nothing shall prevent the Town Council from modifying
the adopted system of credits and such modifications may apply to holders of existing credits.
2, Each credit allowed against the stormwater management service charge is conditioned on the
continuing proper operation, maintenance and functioning of the stormwater control measure as
designed; credited stormwater control measures must comply with all applicable laws, ordinance and
regulations, and credits may be rescinded for noncompliance with these standards.
Each credit for which a customer applies shall be subject to review and approval by the Director of
Engineering or his designee. The Director of Engineering may approve or reject any application for
a credit in whole or in part.
Credits shall only be applied to developed lands containing the credited stormwater control measure.
For developments with common property containing credited stormwater control measures such as
townhouse developments, cluster unit developments or condominiums, each dwelling unit shall be
eligible for its equal pro rata share of the credit unless other arrangements for billing the stormwater
service charge are made.
Section 60.12 - Limitations of Responsibility
A. The Town shall be responsible only for the portions of the drainage system that are in Town -maintained
street rights -of -way and permanent storm drainage easements conveyed to and accepted by the Town.
Repairs and improvements to the drainage system shall be in accordance with established standards,
policies and schedules.
B. The Town's acquisition of storm drainage easements and/or the construction or repair by the Town of
drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited
to, flooding, erosion or standing water.
Section 13 through 29 Reserved
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 8

ARTICLE III: STORMWATER MANAGEMENT ADVISORY COMMITTEE
A. This Ordinance authorizes the establishment and continuing existence of a Stormwater Committee to
serve as an advisory committee to Town Council regarding stormwater management. The Committee
shall abide by the rules set forth in the Stormwater Committee By -Laws as adopted by Town Council.
Sec. 60-39 through 60-49 Reserved
ARTICLE IV: STORMWATER CONTROL AND MANAGEMENT
Section 60.50 - Unauthorized Installations Causing Runoff
It shall be illegal for any person to install any pipe, culvert or casing on any property in such a manner as to
cause runoff water to flow into any storm sewer pipe, ditch or other means of facilitating the flow of water that
is maintained by the Town without first obtaining approval from the Director of Engineering.
Section 60.51 - Connection Approval Criteria; Duty of Owner; Compliance by Utilities
A. The Town Manager or his/her designee shall not be authorized to approve any connection to Town
drainage facilities unless he/she believes the size, shape and location of the newly installed drainage
facilities are adequate for handling the anticipated amount of water.
B. It shall be the responsibility of the property owner of any parcel of land when making any improvements
or changes affecting the land, which alters the existing flow pattern of runoff water, to install appropriated
facilities for carrying the runoff water into a properly approved storm sewer, ditch or stream. No zoning
compliance permit shall be issued for any property within the jurisdiction of the Town until the conditions
of this section are met.
C. It shall be illegal for any utility company to allow public water to be connected to any facility on any land
that has not complied with the provisions of this section.
Section 60.52 - Prohibited Discharges
A. Illegal Discharges: No person shall discharge or cause to be discharged into the Town storm 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
stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
Discharges from the following activities will not be considered a source of pollutants to the storm
drain system and to waters of the US when properly managed to ensure that no potential pollutants
are present, and therefore they shall not be considered illegal discharges unless determined to cause
a violation of the provisions of this Ordinance: potable water line flushing, uncontaminated pumped
groundwater and other discharges from potable water sources, landscape irrigation and lawn
watering, diverted stream flows, rising groundwater, groundwater infiltration to the storm drain
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 9

system, uncontaminated foundation and footing drains, uncontaminated water from crawl space
pumps, air conditioning condensation, uncontaminated roof drains, springs, individual residential and
occasional non-commercial car washing, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges, street wash waters and flows from firefighting.
2. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver or waste discharge order issued to the discharger and administered by the State of North
Carolina under the authority of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit, waiver or order and other
applicable laws and regulations, and provided that written notification of such permitted discharge
has been filed with the Stormwater Administrator, in a form acceptable to the Stormwater
Administrator, for any discharge to the storm drain system.
3. With written concurrence of the North Carolina Department of Environment and Natural Resources,
the Town may exempt in writing other non-stormwater discharges, which are not a source of
pollutants to the storm drain system or waters of the US.
B. Illicit Connections
1, The construction, use, maintenance or continued existence of illicit connections to the storm drain
system is prohibited.
2. 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.
3. Where it is determined that said connection:
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;
ii. Was made in violation of any applicable regulation or ordinance other than this section.
The Director of Engineering shall designate the time within which the connection shall be removed.
4. In setting the time limit for compliance, the Director of Engineering shall take into consideration:
i. The quantity and complexity of the work,
ii. The consequences of the delay,
iii. The potential harm to the environment, to the public health and to public and private property,
and
iv. The cost of remedying the damage.
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 10

C. Waste Disposal: No person shall throw, deposit, leave, maintain, keep or permit to be thrown,
deposited, left or maintained in or upon any public or private property, driveway, parking area, street,
alley, sidewalk, component of the storm drain system or water of the US any refuse, rubbish, garbage,
litter or other discarded or abandoned objects, articles and accumulations so that the same may cause
or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purpose of
collection are exempted from this prohibition.
D. Spills: Spills and leaks of polluting substances release, discharged to, or having the potential to be
released or discharged to the Town storm drain system or waters of the State, shall be contained,
controlled, collected and properly disposed. All affected areas shall be restored to their condition pre-
existing the spill. Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were release or discharged, shall
immediately notify the Director of Engineering and the Union County Public Works Department or the
Union County Emergency Management Department of the release or discharge, as well as make any
required notifications under state and federal law. Notification shall not relieve a person of any expenses
related to restoration, loss, damage or any other liability which may be incurred because of said spill or
leak, nor shall such notification relieve any person from other liability which may be imposed by State or
other law.
E. Nuisance: Illicit discharges and illicit connections which exist within the Town of Indian Trail are hereby
found, deemed and declared to be public nuisances and 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.
F. Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge
Permit: Any person subject to an industrial or construction activity NPDES stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said permit may be required in
a form acceptable to the Town prior to or as a condition of a subdivision map, site plan, building permit
or development or improvement plan; upon inspection of the facility, during any enforcement proceeding
or action; or for any other reasonable cause.
Section 60.53 - Powers and Authority for Inspection
A. Town of Indian Trail personnel or other duly authorized representatives(s), bearing proper identification,
shall be permitted to enter upon all public or private properties for the purpose of inspection, observation,
surveying, monitoring, sampling, testing and measuring compliance in accordance with the provision of
this Ordinance.
B. No person shall obstruct, hamper or interfere with any such representative while carrying out his official
duties.
Section 60.54 - Violations, Enforcement and Penalties
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 11

A. Violation and Enforcement: Any person who violates any of the provisions of this Ordinance is subject
to a civil penalty. 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 Ordinance and provide a specific time period for compliance. In
setting the time period for compliance, the following will be taken into consideration:
1. The quantity and complexity of the work;
2. The consequences of delay;
3. The potential harm to the environment, the public health and public and private property; and,
4. The cost of remedying the damage
The notice shall warn that failure to correct the violation within the specified time period will result in an
assessment of a civil penalty and/or other enforcement action. If, after the allotted time period has
expired, and the violation has not been corrected, the penalty shall be assessed from the date of receipt
of notice of violation under this section.
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 Ordinance or to
pay such penalty.
B. Civil Penalties for Illicit Discharge Violations: Any person who allows, acts in concert, participates,
directs or assists directly or indirectly in the creation of a violation of the illicit discharge provisions of this
ordinance shall be subject to civil penalties as follows:
For first time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and
consists of domestic or household products in quantities considered ordinary for household
purposes, said person shall be assessed a civil penalty no to exceed one hundred dollars ($100.00)
per violation or per day for any continuing violation, and if the quantity of the discharge is greater
than five (5) gallons or contains non -domestic substances, including but not limited to process
wastewater, or if said person cannot provide clear and convincing evidence of the volume and nature
of the substance discharged, said person shall be assessed a civil penalty not to exceed one
thousand dollars ($1,000.00) per violation or per day for any continuing violation.
2. For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous
penalty, not to exceed ten thousand dollars ($10,000.00) per violation or per day for any continuing
violation.
C. Civil Penalties for Illicit Connection Violations: Any person found with an illicit connection in violation
of this Ordinance and any person who allows, acts in concert, participates, directs or assists directly or
indirectly in the establishment of an illicit connection in violation of this Ordinance, shall be subject to civil
penalties as follows:
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 12

1. First time offenders shall be subject to a civil penalty not to exceed five hundred dollars ($500.00)
per day of continuing violation.
2. Repeat offenders shall be subject to a civil penalty not to exceed one thousand dollars ($1,000.00)
per day of continuing violation.
D. Determination of the Amount of a Civil Penalty: All relevant mitigating and aggravating factors shall
be considered including, but not limited to the following:
1. The degree and extent of harm to the environment, the public health and public and private property
caused by the violation
2. The cost of rectifying the damage
3. The duration of the violation
4. The amount of money the violator saved through noncompliance
5. Whether the violator took reasonable measures to comply with the Ordinance
6. Whether the violator voluntarily took reasonable measures to restore any areas damaged by violation
7. Whether the violation was committed willfully
8. Whether the violator reported the violation to the Director of Engineering; and
9. The prior record of the violator in complying or failing to comply with this Ordinance or any other local
or State water pollution control ordinance or regulation.
The amount of the per diem penalty set in Section 60-39(b) and (c) may vary based on the
aforementioned relevant mitigating and aggravating factors.
E. In addition to the per diem civil penalties, 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 damage and the Town of Indian Trail administrative costs.
F. The Town Manager, or 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 actual 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 Sec. 60-
41 within thirty (30) days of receipt of notice. If an alleged violator does not pay a civil penalty assessed
by the Town Manager or his designee within thirty (30) days after it is due, or does not appeal a civil
penalty assessment as provided in Sec. 60-41, the -Town Manager or his designee shall request the
Town Attorney to institute a civil action to recover the amount of the assessment. The civil action shall
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 13

be brought in Union County General Court of Justice or in any other court of competent jurisdiction. A
civil action must be filed within three (3) years of the date the assessment was due.
G. Civil penalties collected pursuant to this Ordinance shall be credited to the Town of Indian Trail general
fund as non -tax revenue, or to such other fund as determined by the Town.
H. Violation of this Ordinance shall not constitute a misdemeanor or infraction punishable under NCGS 14-
4.
In addition to the imposition of a civil penalty, this Ordinance may be enforced by an appropriate equitable
remedy issuing from a court of competent jurisdiction as authorized by NCGS 160A-175(d) or by
injunction issued pursuant to authorization contained in NCGS 160A-175(e).
Section 60.55 - Restoration of Areas Affected by Failure to Comply
The Town Manager or his designee 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 by this Ordinance.
Section 60.56 - Appeals
A. Any person who desires to appeal a civil penalty assessment shall have thirty (30) days from the date of
issuance of a notice of assessment to appeal in writing to the Town of Indian Trail Board of Adjustment.
The Board of Adjustment has ninety (90) days to hear the appeal and an additional sixty (60) days to
respond in writing to the appellant with their findings via registered or certified mail.
B. The Board of Adjustment shall provide the appellant a minimum of ten (10) days' notice of the time and
place of the hearing.
C. If the Board of Adjustment determines that a penalty was properly charged, the appellant must provide
payment within thirty (30) days of receiving the Board's findings in writing.
SECTION 2: THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON
ADOPTION AND ALL PREVIOUS VERSIONS SHALL BECOME VOID.
(Ord. #312, Adopted 5-28-19; Amended 619120)
Attest:
Kathy C een, Town Clerk
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TOWN COUNCIL OF INDIAN TRAIL
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Michael ;'Alvarez, Mayor
Ord. #331 Adopted 5-28-19; Amended 6-9-20 P. 14