17_Ordinance Section 30-12-7.6 Enforcement

GREENSBORO
NORTH CAROLINA
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)
30-12-7.6 Enforcement
A. Violations
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and
penalties provided by this article and by state law:
1. Development Without Permit
To engage in any development, use, construction, remodeling, or other activity of any nature upon land or
improvements thereon subject to the jurisdiction of this chapter without all required permits, certificates, or
other forms of authorization as set forth in this chapter.
2. Development Inconsistent With Permit
To engage in any development, use, construction remodeling or other activity of any nature in any way
inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.
3. Violation by Act or Omission
To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the City
Council or its agent boards upon any required permit, certificate, or other form of authorization of the use,
development, or other activity upon land or improvements thereon.
4. Use in Violation
To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any
land in violation or contravention of this chapter or any other regulation made under the authority conferred
thereby.
5. Continuing a Violation
To continue any of the above violations is a separate and distinct offense each day.
B. Civil Penalties
1. Illicit Connections
a. Any person who is found responsible for an illicit connection shall receive a notice of violation when the
connection is discovered. The person shall have 30 days to remove the connection. At the end of that time if
the connection has not been removed, the city may enter the property and take measures necessary to
remove the connection and perform whatever cleanup or abatement is necessary. If the person fails to
remove the connection in the time prescribed, the city may petition the superior court of justice, for the
issuance of an injunction to compel removal and payment; however, removal of the illicit connection shall
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be immediate upon the determination of the Water Resources Director that the connection poses an
imminent threat to public health.
b. If any person who previously has been found to have an illicit connection reconnects to the municipal
separate storm sewer, he shall be assessed a civil penalty not to exceed $5,000.00. The penalty shall
increase by 25% of the previous penalty amount for every subsequent illicit connection made by the same
person. The penalty shall be additional to the cost of cleanup and abatement. Civil penalties assessed under
this section are considered restorative; intended to provide compensation to the city for costs associated
with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the
amount declared herein is presumed to provide sufficient restoration to the city for its costs.
c. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct. If the person has
or is required to have a stormwater discharge permit from the state division of environmental management,
the city shall alert the appropriate state authorities of the violation. In determining the amount of the
penalty the Water Resources Director shall consider the following:
i. The degree and extent of the harm to the natural resources, to the public health, or to the public or
private property resulting from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
v. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with the stormwater quality
management program; and
viii. The costs of enforcement to the city.
2. Improper Disposal
a. Process Wastewater
i. Any person who is found to have improperly disposed of process wastewater to the municipal separate
storm sewer shall be assessed a civil penalty not to exceed $5,000.00. Civil penalties assessed under this
section are considered restorative; intended to provide compensation to the city for costs associated
with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the
amount declared herein is presumed to provide sufficient restoration to the city for its costs.
ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining
the amount of the penalty the Water Resources Director shall consider the following:
a. The degree and extent of the harm to the natural resources, to the public health, or to the public or
private property resulting from the violation;
b. The duration and gravity of the violation;
c. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply with the stormwater quality
management program; and
h. The costs of enforcement to the city.
b. Bulk Sales
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i. Any person who is found to have improperly disposed of any substance that was purchased at a bulk
sales location which, upon discharge to the municipal separate storm sewer system or drainage
network, would have an adverse impact on water quality or cause the city to be in noncompliance with
any applicable environmental permit shall be assessed a civil penalty not to exceed $5,000.00. Civil
penalties assessed under this section are considered restorative; intended to provide compensation to
the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct
the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the
city for its costs.
ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining
the amount of the penalty the Water Resources Director shall consider the following:
a. The degree and extent of the harm to the natural resources, to the public health, or to the public or
private property resulting from the violation;
b. The duration and gravity of the violation;
c. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply with the stormwater quality
management program; and
h. The cost of enforcement to the city.
c. Household Products
i. Any person who is found to have improperly disposed of any substance that was purchased over-the-
counter for household, in quantities considered normal for household purposes, which, upon discharge
to the municipal separate storm sewer system or drainage network, would have an adverse impact on
water quality or cause the city to be in noncompliance with any applicable environmental permit shall
be assessed a civil penalty not to exceed $500.00. Civil penalties assessed under this section are
considered restorative; intended to provide compensation to the city for costs associated with the city's
program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared
herein is presumed to provide sufficient restoration to the city for its costs.
ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining
the amount of the civil penalty the Water Resources Director shall consider the following:
a. The degree and extent of the harm to the natural resources, to the public health, or to the public or
private property resulting from the violation;
b. The duration and gravity of the violation;
c. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply with the stormwater quality
management program; and
h. The costs of enforcement to the city.
d. Yard Waste
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i. Any person who is found to have improperly disposed of leaves, grass clippings, or other yard wastes
shall be assessed a civil penalty not to exceed $500.00. Civil penalties assessed under this section are
considered restorative; intended to provide compensation to the city for costs associated with the city's
program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared
herein is presumed to provide sufficient restoration to the city for its costs.
ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining
the amount of the penalty the Water Resources Director shall consider the following:
a. The degree and extent of the harm to the natural resources, to the public health, or to the public or
private property resulting from the violation;
b. The duration and gravity of the violation;
c. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply with the stormwater quality
management program; and
h. The costs of enforcement to the city.
e. Repeat Violation
If a person is found to be responsible for more than one instance of improper disposal, the penalty shall
increase by 25% of the previous penalty amount for each subsequent improper disposal.
f. Watershed Areas
The penalty assessed for any of the above violations shall be increased by 25% of the amount assessed if it
occurs in any designated water -supply watershed area.
g. Failure to Report
The penalty assessed for any of the above violations shall be increased by 25% of the amount assessed for
any spill not properly reported by the violator once he has knowledge of the violation.
3. In the event there are subsequent penalties assessed by the state against the city for improper disposal or illegal
dumping, or illicit connection into the municipal separate storm sewer system as identified in 30-12-7.6(B),
caused by any person, such person shall be assessed the equivalent amount of civil penalty.
C. Public Nuisances
1. Nuisances
The following enumerated and described conditions are found, deemed and declare to constitute a detriment,
danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the city and are
found, deemed and declared to be public nuisances wherever the same may exist and the creation,
maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on lands
dedicated to and/or accepted by the city as natural stream corridors, floodplain and/or open space which are
established in order to preserve natural greenways, vegetative stream buffers, and/or natural connecting
networks along floodways, streams, and creeks are deemed and declared as exceptions for the purpose of
enforcement of this article.
a. Any condition which constitutes a breeding ground or harbor for rats, mosquitoes, harmful insects, or other
pests.
b. A place of dense growth of weeds or other noxious vegetation over 12 inches in height.
c. An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and
tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials or objects of a like
nature.
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d. An open place of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter
of any kind.
e. Hides, dried or green, provided the same may be kept when thoroughly cured and odorless.
f. Any furniture, appliances, or metal products of any kind or nature openly kept which have jagged edges of
metal or glass, or areas of confinement.
g. Any condition which blocks, hinders, or obstructs in any way 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.
2. Notice to Abate; Emergency Abatement by City
If any person shall violate the provisions of this section, it shall be the duty of the Water Resources Director to
give notice to the owner or to any person in possession of the subject property directing that all unlawful
conditions existing thereupon be abated within 10 days from the date of such notice; provided, that if, in the
opinion of the Water Resources Director, the unlawful condition is such that it is of imminent danger or peril to
the public, then an authorized public works representative may, without notice, proceed to abate the same, and
the cost thereof shall be charged against the property.
3. Abatement by City Where Owner Fails to Abate
Upon the failure of the owner or person in possession of any premises to abate any unlawful condition existing
thereupon within the time prescribed by the provisions of this section, it shall be the duty of an authorized
public works representative to cause the removal and abatement of such unlawful condition therefrom.
D. Remedies
Any or all of the following procedures may be used to enforce the provisions of this chapter:
1. Injunction
Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant hereto may
be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.
2. Civil penalties
a. Any person who violates any provision of this section shall be subject to the assessment of a civil penalty
under the procedures provided in 30-12-7.6(B). Civil penalties assessed under this section are considered
restorative; intended to provide compensation to the city for costs associated with the city's program to
monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is
presumed to provide sufficient restoration to the city for its costs.
b. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other
agencies or entities created by the General Assembly to regulate the proscribed conduct.
3. Denial of Permit
The Water Resources Director shall withhold or deny any permit, certificate, or other authorization on any land,
building, structure, or use in which there is an uncorrected violation of a provision of this section, or of a
condition or qualification of a permit, certificate, or other authorization previously granted.
4. Conditional Permit or Temporary Certificate
The Water Resources Director may condition the authorization of any permit or certificate upon the correction
of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security
approved by appropriate government authority.
5. Revocation of Permit
The Water Resources Director may revoke and require the return of a permit or certificate by notifying the
permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any
substantial departure from the approved application plans, or specifications; refusal or failure to comply with
the requirements of state or local law; or for false statements or misrepresentations made in securing the
permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law
may also be revoked.
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6. Criminal Penalties
Any violation of this section shall be a misdemeanor or infraction as provided by NCGS 14-4. Each violation shall
be subject to a fine not to exceed $500.00.
7. Notification of the State Enforcement Officials
a. Industrial and Related Facilities
When the Water Resources Director discovers an apparent violation of an industrial or related facility's
NPDES stormwater discharge permit or that the facility is not operating pursuant to its stormwater pollution
prevention plan, the city shall notify the appropriate state officials immediately.
b. Construction Sites
If the Water Resources Director discovers an apparent violation of the NPDES stormwater discharge permit
required by the state for sites with land -disturbing activity greater than 5 acres, he shall report the violation
immediately to the appropriate state officials.
c. Abatement
When the discharge from the facility interferes significantly with the municipal separate storm sewer, and
the facility fails to take appropriate actions upon notification by the city, the city may take immediate and
appropriate measures to control the problem whether or not the facility is violating its NPDES permit and
recover the cost from the facility.
8. Judicial Enforcement
When any person is in violation of the provisions of this section, the Water Resources Director, through the City
Attorney, may petition the Superior Court for the issuance of a restraining order or a preliminary and
permanent injunction which restrains or compels the activities in question.
(Amended by Ord. 10-161 on 12/1/10)
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