NCS000403_IDDE Ordinance_20220602

ILLICIT DISCHARGES
Title
This ordinance shall be officially known as "The Phase II Stormwater Illicit Discharge
Detection and Elimination Ordinance." It is referred to herein as "this ordinance."
Authority
The Town of Elon is authorized to adopt this ordinance pursuant to North Carolina
law, including but not limited to Article 14, Section 5 of the Constitution of North
Carolina; North Carolina General Statutes 143-214.7 and rules promulgated by the
Environmental Management Commission thereunder; Session Law 2004-163;
Chapter 160A, §§ 174, 185.
Purpose
The purpose of this ordinance is to provide for the health, safety, and general
welfare of the citizens of the Town of Elon through the regulation of non -storm water
discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This ordinance establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by stormwater discharges by any user
(2) To prohibit Illicit Connections and Discharges to the municipal separate storm
sewer system
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance
Definitions
For the purposes of this ordinance, the following shall mean:
Best Management Practices (BMPs): schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters, or stormwater conveyance systems. BMPs also include treatment
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practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
Hazardous Materials: Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain
system, except as exempted in Section 10-419 of this ordinance.
Illicit Connections: An illicit connection is defined as either of the following:
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
conveyances which allow any non -storm water discharge including sewage, process
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 an
authorized enforcement agency or,
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 an authorized enforcement agency.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
Municipal Separate Storm Sewer System (MS4): Pursuant to 40 CFR 122.26(b)(8)
means a conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human -made or altered drainage channels, reservoirs, and other
drainage structures or storm drains):
(i) Owned or operated by a Town, town, county, district, association, or
other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or
other wastes, that discharges to waters of the United States or waters
of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
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(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as
defined in 40 CFR 122.2
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge
Permit: means a permit issued by the North Carolina Department of Environment
and Natural Resources, Division of Water Quality that authorizes the discharge of
pollutants to waters of the State, whether the permit is applicable on an individual,
group, or general area -wide basis.
Non -Storm Water Discharge: Any discharge to the storm drain system that is not
composed entirely of storm water.
Person: means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as
the owner's agent.
Pollutant: Anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids;
non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations, so
that same may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious or offensive matter
of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan: A document which describes the Best
Management Practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to eliminate or
reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems,
and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater: means any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
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Illicit Discharges and Connections
(a) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, the waters of the
State, or upon the land in manner and amount that the substance is likely to
reach a stormwater conveyance or the waters of the State, any liquid, solid, gas,
or other substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed and provided that
they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by the State of North Carolina,
and provided that any such discharges to the municipal separate storm
sewer system shall be authorized by The Town of Elon.
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Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
(b) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance
system that allow the discharge of non-stormwater, other than the
exclusions described in section (a) above, are unlawful. Prohibited
connections include, but are not limited to: floor drains, waste water from
washing machines or sanitary sewers, wash water from commercial
vehicle washing or steam cleaning, and waste water from septic
systems.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any
other ordinance prohibiting such connections, the property owner or the
person using said connection shall remove the connection within one
year following the effective date of this ordinance. However, the one-
year grace period shall not apply to connections which may result in the
discharge of hazardous materials or other discharges which pose an
immediate threat to health and safety, or are likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife,
or habitat.
(3) Where it is determined that said connection:
i. 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 Stormwater Administrator shall designate the time within which the
connection shall be removed. In setting the time limit for compliance, the
Stormwater Administrator shall take into consideration:
i. The quantity and complexity of the work,
iii. The consequences of delay,
iv. The potential harm to the environment, to the public health, and
to public and private property, and
v. The cost of remedying the damage.
(c) Spills
Spills or leaks of polluting substances released, discharged to, or having the
potential to be released or discharged to the stormwater conveyance system,
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shall be contained, controlled, collected, and properly disposed. All affected
areas shall be restored to their pre-existing condition.
Persons in control of the polluting substances immediately prior to their release
or discharge, and persons owning the property on which the substances were
released or discharged, shall immediately notify the Elon Fire Department of the
release or discharge, as well as making any required notifications under state
and federal law. Notification shall not relieve any person of any expenses related
to the restoration, loss, damage, or any other liability which may be incurred as a
result of said spill or leak, nor shall such notification relieve any person from
other liability which may be imposed by State or other law.
(d) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm water
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 of
Elon prior to the allowing of discharges to the MS4.
Right of entry
(a) Authority to Inspect.
Whenever necessary to make an inspection to enforce any provision of this
Ordinance, or whenever the Stormwater Administrator has cause to believe that
there exists, or potentially exists, in or upon any premises any condition which
constitutes a violation of this Ordinance, the Stormwater Administrator may enter
such premises at all reasonable times to inspect the same and to inspect and
copy records related to storm water compliance. In the event the owner or
occupant refuses entry after a request to enter and inspect has been made, the
Town is hereby empowered to seek assistance from any court of competent
jurisdiction in obtaining such entry.
(b) Authority to Sample, Establish Sampling Devices, and Test.
During any inspection as provided herein, the Stormwater Administrator may take
any samples and perform any testing deemed necessary to aid in the pursuit of
the inquiry or to record site activities.
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Enforcement.
(a) Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated a
prohibition or failed to meet a requirement of this Ordinance, the Stormwater
Administrator may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and
desist;
(4) The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by the
Town or a contractor designated by the Stormwater Administrator and the
expense thereof shall be charged to the violator.
(b) Violations Deemed a Public Nuisance
Illicit discharges and illicit connections which exist within the Elon Town Limits
and Extra -territorial Jurisdiction are hereby found, deemed, and declared to be
dangerous or prejudiced to the public health or public safety and are found,
deemed, and declared to be public nuisances and may be summarily abated or
restored by the Town at the violator's expense, and/or a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may be taken by the
Town.
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