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HomeMy WebLinkAboutNCS000501_Waynesville IDDE Plan_20211019Town of Wyanesville Stormwater Standard Operating Procedure (SOP) for Illicit Discharge/Connection Response and Enforcement Purpose of SOPs: Escalation Procedure for Illicit Discharge and Connection Enforcement Location of SOPs: Indicate where SOP is kept – electronic/hard copy: Electronic and Hard Copy, Development Services Administrator of SOPs: Indicate who reviews and updates SOP annually: Olga Grooman, Planner Prerequisites 1.Employees should attend IDDE and general Stormwater pollution prevention training. 2.Employees performing the procedures in this SOP should review and refer to the materials in the References and Related Procedures section of this SOP. General: 1.The Town is responsible for monitoring illicit discharges/connections within its MS4. Non-stormwater discharges into the city drainage system are not allowed by any person, and they are a violation of the Town ordinance “Illicit Discharges and Connections” (Land Development Standards, Sec. 12.5.9.). 2.If an Illicit Discharge is detected through routine inspection or a complaint, the inspector, Administrator, or other appropriately trained personnel must take measures to cease and eliminate the illegal disposal as described in this plan. For the purpose of this plan, the terms inspector and administrator can be used interchangeably. Verbal Notification: 1.If the source of the connection/discharge is evident, the inspector will contact the connector/discharger directly by phone or in person to discuss the discharge. The communication will include requesting any permits or other authorizations, and if no permits exist or they are in violation of the permits, then the discharger will be given a verbal order to bring the discharge into compliance under the permit or to immediately cease and eliminate the discharge if they don’t have a permit. A follow up date to check for compliance will be given to the discharger. Follow up inspections must occur within one week of the initial notification. 2.The Inspector shall document the discharge on the Town of Waynesville IDDE Reporting form and notify the Development Services Director as soon as practicable but no more than 24 hours. 3.If the discharge is permitted or authorized (documentation is required), no further action is required. 4.If the discharge was not permitted, a follow up inspection will be performed by the inspector. 1st Written Notification: 1.If no action has been taken, the inspector will issue a “Notice of Violation” to the connector/discharger, property owner, or facility operator, as appropriate. 2.The inspector will provide information and guidance on complying with the Town Stormwater ordinance. 3.The letter will contain a schedule for compliance and describe various enforcement options and penalties available to the Town if the connection/discharge is not corrected or appropriate corrective action is not administered. The enforcement actions and penalties available to the Town include: Page 1 of 3 October 6, 2021Waynesville, NC a.Withholding a certificate of occupancy b.Disapproval of subsequent permits c.Other penalties and as set forth in the Town of Waynesville Code of Ordinances, which may include civil penalties, relief of incurred damages, and criminal penalties. 4.A follow up inspection will be performed by the inspector within a week or as described in the Notice of Violation. 5.If the situation is not resolved within the timeframe established in the letter, the inspector will notify the local NCDEQ office of the reported Notice of Violation. 2nd Written Notification / Civil Penalty 1.If no action has been taken, or deficiency has not been corrected within the timeframe established in the Notice of Violation, the inspector will issue a “Letter of Warning” to the property owner. The letter will demand that the connection/ discharge be ceased or removed immediately and establish the date on which the civil penalty starts for each day the violation continues, as described in Land Development Standards, Section 16.2.2. Civil Penalties. 2. A follow up inspection will be performed by the inspector within a week. Legal Action: 1.If the illegal connection/discharge is not corrected, the inspector notifies the Town Manager and the Town Attorney with accompanying documentation for corrective action, as described in the Criminal Penalties (Sec. 16.2.3), Injunctive or Other Relief (Sec. 16.2.4), Equitable Remedy (Sec. 16.2.5), and Order of Abatement (Sec. 16.2.6) of the Land Development Standards. 2.The Town may apply other enforcement options or obtain assistance from other agencies it deems necessary to complete the corrective action. Construction Site Inspections: 1.If a severe pollutant discharge or other serious deficiencies are detected during a routine construction site inspection, the Permit Holder shall be notified in person or by phone to immediately cease the violation and comply with all requirements of the ordinance and Stormwater Management Plan and take appropriate remedial action to properly address the violation.This counts as a Verbal Warning, and the escalation procedures shall be followed as described above in this plan. 2.Inspector documents the discharge and notifies the Development Services Director as soon as practicable but in no more than 24 hours. Employee Training All applicable employees should be trained in general stormwater pollution prevention, including how to recognize and report illegal connections and discharges. Record Keeping and Documentation 1.Keep a copy of this plan on site. 2.Post signs as to whom to report spills to 3.Keep a list of all employees trained in the facility’s Stormwater Pollution Prevention binder or other location A civil penalty will be recovered by the Town in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time (Land Development Standards, Sec. 16.2.2. Civil Penalties).3. Page 2 of 3 October 6, 2021Waynesville, NC References and Related Procedures 1.Center for Watershed Protection IDDE : A Guidance Manual: https://owl.cwp.org/mdocs-posts/idde-guidance-manual/ 2.Stormwater BMPs: Town of Waynesville Stormwater Management Plan 3.Stormwater BMPs: Town of Waynesville Illicit Discharge Ordinance (Appendix A of the Code of Ordinances, Section 12.5.9- Illicit Discharges and Connections. 4.Town of Waynesville Stormwater Web Page: https://www.waynesvillenc.gov/departments/development-services/ stormwater-management#post-construction-stormwater-management Page 3 of 3 October 6, 2021Waynesville, NC Name:Contact Phone Number:Date and Time Reported: 1 ILLICIT DISCHARGE/CONNECTION REPORTING FORM Discharge/Connection Information Property/Address: Owner's Name:Owner's Address: Owner's Contact: How Long since Last Rainfall:Raining Now 0-2 Days 3 or more Days Nature of Discharge or Flow:Solid (Continuous) Intermittent (Occasional) Pulsing (Fluctuating) Transitory (Prior Spill)If possible, identify the source of the discharge*Pipe Outfall Gutter Sanitary Wastewater DitchSeptic System Spill Storm Sewer Other: _________________*Add descriptions of discharge/source and attach to this form Potential for Discharge to enter into:Stream/Water BodyWetlandStorm Drain Other: ______________________________________________Was water flow observed?Yes NoDirect Connection to pipe/inlet? Yes No Was a photo taken? Yes No If yes, attach photos. (2) Describe Odor:None Musty Rotten Eggs (Sulphur)Rancid/Sour MilkSewageGas/Petroleum Cooking Oil Other: ______________________(2) Describe Clarity:Clear Cloudy Opaque Sheen Gray(2) Describe Color:Red Yellow Brown Green Gray White Other: _____________________(2) Solids/Floatables:Garbage Sewage Tissue Oil Sheen Suds Scum Iron Sheen UnknownAdditional Information to assist in the Investigation (Vegetation Impacts?): __________________________________________________ Describe Upstream/Source Origin/Land Use: Forest Ag Rec Farmstd Com Ind Vac Inst Muni Mng Inspector Information Follow up InvestigationOutfall Location: _________________Within Town Limits?: Y / NFIELD ANALYSIS:Odor:Solids/Floatables:Flow:Clarity:Sheen/Scum:Source Confirmed? Y / NColor:Condition of Vegetation:Direct Connection? Y / NComments: (Immediate Environmental Concern? Y / N)DATE: ____________Inspection Name _______________ Additional notes to file: _________________Follow-up with Complainant: _____________ Send Confirmed ID Elimination/Removal Letter: _________________ Town of Waynesville Development Services Follow up inspection:NOV Issued: Yes No 2 WHAT IS AN ILLICIT DISCHARGE:An illicit discharge is any discharge into the storm sewer system that is not composed entirely of stormwater. Examples:• Dry weather discharges of wastewater into thestorm sewer system from illegal dumping; spillsand other non-stormwater pollution sources• Discharges of pollutants, contaminants or illicitmaterials into storm drainage/sewer systems (oil,grease, solvents, metals, nutrients, toxics, viruses,bacteria)• Improper antifreeze, oil disposal from vehiclemaintenance, service stations• Vehicle washing wastewaters• Autobody/repair facility waste waters• Plating shop waste water• Manufacturers waste water• Private service agencies waste water• Wholesale/retail est. waste water• Sanitary wastewater/connections• Mobile rug cleaning waste dumping• Laundry waste waters• Disposal of auto/household toxics• Vehicular/accidental spills• Dairy barn waste waters•On-lot disposal system- sewage effluent WHAT IS NOT AN ILLICIT DISCHARGE:The following non-stormwater discharges are not illicitdischarges:• Discharges from firefighting activities• Potable water sources including dechlorinatedwaterline and fire hydrant flushings• Irrigation drainage• Lawn watering• Water from individual residential car washing• Dechlorinated swimming pool discharges• Water from crawl space pumps• Uncontaminated water from foundation or footingdrains• Routine external building wash down which doesnot use detergents or other compounds• Pavement wash waters where spills or leaks oftoxic or hazardous materials have not occurred(unless spilled material has been removed) andwhere detergents are not used• Air conditioning condensate• Springs• Uncontaminated groundwater (1.) Property Owner Information:Determine property owners name, if available, and street address of the discharge source in the event that follow-upaction or elimination is required. If unable to determine owner, write in “undetermined”. (2.) Description of Discharge for source identification/verification.a. Odor:Determine which odors apply.b. Clarity:How clear is the discharge?c. Color:Discharge color and colors in swale, pipe, ditch, etc.(Document if red/green deficient)d. Solids/Floatables:Identify indicators of source.Description of Solids/Floatables: • Iron vs. Oil Sheens:Iron leaches from soils forming a breakable sheen on stagnant water surfaces when poked with a stick. Oil sheenswill conform around and coat the surface of the stick. INSTRUCTIONS TO COMPLETE ILLICIT DISCHARGE REPORTING FORM Description of the issue/comments: