16_Ordinance Section 30-12-7.3 Illicit Discharge

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LAND DEVELOPMENT ORDINANCE
Article 12. Natural Resources
30-12-7 Stormwater Management
Resources
Stormwater Drainage Standards
NC Division of Water Quality Stormwater BMP Manual (Manual)
Storm Drainage Design Manual (Manual)
Stormwater Management Manual (Manual)
30-12-7.3 Illicit Discharges and Improper Disposal
A. Prohibited Discharges
1. Illicit Connections
a. It shall be unlawful to use any stream or watercourse to carry off water from any kitchen sink,
bathtub or privy, or to carry off any fluid of an offensive or dangerous nature. No water or refuse
from any industrial, commercial or institutional process, including uncontaminated water used for
heating or cooling, shall be discharged in any stream or watercourse by any person until such
person has obtained the appropriate local, state and federal permits.
b. Street and Utility Construction
i. Plans
When required, construction and utility plans for all public or private street and water, sanitary
sewer, and storm sewer facilities shall be submitted to the city following conditional approval or
approval of the site plan. For each phase of the site plan, construction and utility plans shall
include all improvements lying within or adjacent to that phase and all water, sanitary sewer,
and storm sewer lines lying outside that phase and being required to serve that phase.
ii. No construction Without Plan Approval
None of the improvements listed above shall be constructed until the construction and utility
plans for such improvements have been reviewed and approved by the city.
iii. Inspections
Work performed pursuant to approved construction and utility plans shall be inspected and
approved by the city.
c. It shall be unlawful, willfully or negligently to injure, deface, mutilate, destroy, tamper or interfere
with any city -owned property or any property used in the city's water, sanitary sewer or storm
sewer, police or fire alarm system.
d. In accordance with city policy permits shall be required before the construction of any connection to
the municipal separate storm sewer. (See the Roadway and Utility Design Manual)
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2. Improper Disposal
It shall be unlawful for any person to discharge non-stormwater to any stormwater conveyance with
the exception of the following:
a. Water line flushing;
b. Diverted stream flows;
c. Rising ground waters;
d. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm
sewers;
e. Uncontaminated pumped ground water discharges from potable water sources;
f. Foundation drains;
g. Air conditioning condensation;
h. Irrigation water;
i. Springs;
j. Water from crawl space pumps;
k. Footing drains;
I. Lawn watering;
m. Car washing at one's residence, not for hire;
n. Flows from riparian habitats and wetlands;
o. Dechlorinated swimming pool discharges;
p. Street wash waters; and
q. Discharges from firefighting.
3. Litter and Refuse Control
a. It shall be unlawful to throw, place or deposit any refuse in any street, public place, on any private
property, or in any conveyance within the city limits, except in garbage cans or garbage receptacles
as provided in Chapter 25 of the City Code, or as approved by the Water Resources Director.
b. It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any
of the sidewalks, greenways, or trails in the city or upon the floors of any religious assembly
buildings, public halls, theaters, buses or other public places. It shall be unlawful for any person to
place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or
containers or any kind upon any median strip, alleyway, street or street right-of-way, park or grass
strip, or in any conveyance, or upon the private premises of another without permission of the
owner or person in control of such premises, or upon any public property; provided, however, that
the provisions of this section do not apply to those materials required to be placed for collection on
the grass or park strip by Chapter 10 of the City Code.
4. Organic Waste
a. Loose leaves shall be collected at curbside by city forces from October 1 through the second
Wednesday in January. All other times during the year, leaves shall be bagged or containerized in
approved receptacles.
b. It shall be the duty of the property owner to keep leaves that have been piled for fall leaf collection
out of the gutter, inlet, catch basin, or side ditch.
c. It shall be unlawful to place stumps or any organic materials on any property, public or private,
except in those specific areas designated for such use by the Water Resources Director.
d. It shall be unlawful to place grass clippings, leaves, tree and shrub clippings, or any other yard
wastes in any street, storm drain, stream, stormwater conveyance, or any other location where
concentrated stormwater flows will wash such wastes into the storm sewers.
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e. No privy, pigpen or stable of any kind shall be permitted to stand so near any stream, ditch, drain,
or stormwater conveyance of any kind that the droppings therefrom will run into such stream, ditch,
drain, or stormwater conveyance or in any way poison or contaminate the water therein; nor shall
the urine from any privy be allowed to fall or be emptied into any stream, ditch, drain, or
stormwater conveyance.
f. Every owner and/or person in possession of any premises across through which any stream or open
ditch runs, or on which any body of water is impounded, shall keep the banks and edges of the
stream, ditch or body of water free and clear of accumulations of debris which might block, hinder,
or obstruct the natural flow of water in swales, streams, creeks, surface waters, ditches, or drains,
to the extent that standing water is created on the premises.
B. Spill Response
Purpose and Authority
The Fire Chief shall have the authority to summarily abate, control and contain hazardous materials
which are emitted into the environment in such a manner as to endanger the health or safety of the
general public or the environment. The Fire Chief shall have the authority to enter public or private
property with or without the owner's consent, to respond to such hazardous materials emergencies.
The Fire Chief shall determine the type, amount and quantity of equipment and personnel required to
adequately abate, control and contain all hazardous materials which are emitted into the environment.
2. Responsibility; Fees and Charges
a. The property owner and/or the person exercising control over the hazardous materials that create
the hazardous material emergency shall be held financially liable for the response, control,
containment, equipment, and materials costs incurred by the city fire department during the
emergency. The property owner and/or person exercising control over such hazardous material,
may provide personnel to assist abatement, removal and remedial measures, provided such
personnel have been adequately equipped and trained pursuant to the requirements of state and
federal laws. The city shall not be liable for the use of outside personnel. Assistance shall consist of
any or all of the following:
i. Informing fire department personnel of all matters pertaining to the incident,
ii. Supplying emergency response plan information for the site;
iii. Supplying emergency response equipment, personnel and materials.
b. The city will charge for abatement, control and containment of hazardous material responses or fire
incidents involving hazardous materials which accrue more than $100.00 in charges. In all cases the
$100.00 of expenses shall not be charged to the person in default.
c. Charges for hazardous materials emergency response on behalf of the city by the Fire Department
shall be based upon the following schedule:
i. Engine response shall be $100.00 for each hour, or any part thereof.
ii. Additional engine response shall be $100.00 for each hour, or any part thereof.
iii. Hazardous materials unit response shall be $175.00 for the initial hour, or any part thereof, and
$100.00 for each additional hour, or any part thereof.
iv. Ladder truck response shall be $50.00 for each hour, or any part thereof.
v. Squad truck response shall be $50.00 for each hour, or any part thereof.
vi. Battalion chief response shall be no charge for the initial hour, $25.00 for each additional hour
or any part thereof.
vii. Any other actual costs of abatement, control and containment of the hazardous materials other
than set out above.
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d. Failure to pay the charges as assessed shall give the city a right to levy a lien upon the land or the
premises where the hazardous material emergency arose and the levy shall be collected in the
same manner as unpaid taxes pursuant to the authority of N.C.G.S. 160-A 193.
3. Fire Incidents Involving Hazardous Materials
In fire incidents that involve hazardous materials or an exposure to hazardous materials, no fee will be
assessed for resources normally associated with firefighting operations. Fees shall be assessed for
those activities and resources associated with the abatement, control and containment of the
hazardous materials involvement or exposure which accrues more than $100.00 in charges.
(Amended by Ord. 10-161 on 12/1/10)
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