Loading...
HomeMy WebLinkAbout18_IDDE Program PlanIllicit Discharge Detection and Elimination (IDDE) Program Plan (Standard Operating Procedures) GREENSBORO April 2022 City of Greensboro, North Carolina MS4 Stormwater Permit NCS000248 REVISION LOG ACRONYMS/ABBREVIATIONS WAcronyrn Definition Aboveground Storage Tank BMP Best Management Practice BST Bacterial Source Tracking CCTV Closed -Circuit Television Clean Water Act CWA EPA Environmental Protection Agency FIS Fixed Interval Sampling FOG Fats, Oils, & Grease Guilford County Environmental Health Guilford County Emergency Management GCEH GCEM GFD Greensboro Fire Department GIS Geographic Information Science/Systems IDDE Illicit Discharge Detection and Elimination Land Development Ordinance LDO MS4 Municipal Separate Storm Sewer System NCDEQ North Carolina Department of Environmental Quality NPDES National Pollutant Discharge Elimination System SAC SCM Spills and Concerns Stormwater Control Measure SOP Standard Operating Procedures SSO Sanitary Sewer Overflow TRI Toxic Release Inventory UST Underground Storage Tank Water Quality Index WQI TABLE OF CONTENTS PURPOSE....................................................................................................................................5 CITYORDINANCES....................................................................................................................5 IMPROPER DISPOSAL/ILLICIT DISCHARGE.......................................................................................5 ENFORCEMENT............................................................................................................................5 PUBLIC REPORTING..................................................................................................................5 PRIMARY PROGRAMS/BMPS....................................................................................................6 POLLUTION INVESTIGATIONS.........................................................................................................6 SPILLRESPONSE.........................................................................................................................8 OUTFALLSCREENING...................................................................................................................8 FIXED INTERVAL SAMPLING (FIS): ROUTINE AND FOLLOW-UP..........................................................8 SMALL POLLUTER EDUCATION......................................................................................................9 SUPPLEMENTAL PROGRAMS/BMPS.....................................................................................10 FATS, OILS, AND GREASE (FOG)................................................................................................10 GOOD HOUSEKEEPING AND POLLUTION PREVENTION....................................................................10 PERMITTED FACILITY INSPECTIONS..............................................................................................10 STORMWATER CONTROL MEASURE (SCM) INSPECTIONS.................................................................1 1 EMPLOYEE TRAINING.............................................................................................................11 STORMWATER MANAGEMENT DIVISION STAFF..............................................................................11 OTHER MUNICIPAL EMPLOYEES..................................................................................................12 PAST PROJECTS......................................................................................................................12 BACTERIAL SOURCE TRACKING (BST).........................................................................................12 STORMWATER INFRASTRUCTURE INVENTORY FOLLOW-UP.............................................................12 QUALITATIVE AERIAL INFRARED SURVEY......................................................................................13 APPENDICES............................................................................................................................14 APPENDIX A: ILLICIT DISCHARGE DETECTION AND ELIMINATION (NPDES MS4 PERMIT, SECTION D)..14 APPENDIX B: ORDINANCES.........................................................................................................15 APPENDIX C: PROTOCOLS FOR SEDIMENT POLLUTION..................................................................25 APPENDIX D: CONTACTS/REFERRALS..........................................................................................26 PURPOSE The Clean Water Act (CWA), created in 1972, laid the foundation for regulating pollutants entering surface waters. Under this act, the Environmental Protection Agency (EPA) is charged with implementing permit requirements, either directly or as delegated to a state's government. North Carolina Department of Environmental Quality (NCDEQ) issues the NPDES permits for the state, including Municipal Separate Storm Sewer System (MS4) permits. The Illicit Discharge Detection and Elimination (IDDE) program is intended to implement section D (Appendix A) of the City of Greensboro's Municipal Separate Storm Sewer System (MS4) permit. The IDDE section of the City's MS4 permit sets forth the criteria for compliance, including ordinances, reporting mechanisms, proactive and responsive approaches to pollution concerns, etc. This document is designed to describe the programs and procedures that focus on identifying illicit connections and improper disposals; eliminating sources of pollution; providing education for businesses; the public, and others; and training staff. The programs and BMPs that fall under the IDDE program are evaluated on a regular basis, and adaptations are made as necessary to ensure the success of the program in eliminating pollution. CITY ORDINANCES Chapter 30, Article 12 (Natural Resources) of the City of Greensboro's Land Development Ordinance (LDO) includes regulations that uphold the requirements set forth by the MS4 Stormwater permit. The Stormwater Management section, Chapter 30-12-7, includes provisions that allow for the implementation and enforcement of this IDDE plan. (See Appendix B for the ordinances discussed below.). IMPROPER DISPOSAL/ILLICIT DISCHARGE The provisions in Chapter 30-12-7.3 Illicit Discharges and Improper Disposal prohibit all illicit connections and non-stormwater discharges except for those listed in this ordinance. ENFORCEMENT Chapter 30-12-7.6 Enforcement gives the City of Greensboro the right to enforce violations for illicit connections and improper disposals. Should staff determine that there is a violation of an ordinance provision (illicit connection, improper disposal, etc.), enforcement procedures are implemented as outlined in the Enforcement SOP. Refer to the Enforcement SOP for more information. PUBLIC REPORTING The Water Quality Section receives stormwater pollution reports through multiple avenues as described in the list below. City of Greensboro Contact Center. 336-373-CITY (2489)—This main number connects to a city representative who can quickly refer or transfer a caller to the appropriate department, division, or section based on the caller's need. Information and training is provided to staff at the Contact Center to ensure calls are directed to the correct people as quickly and efficiently as possible, including reports of potential stormwater pollution. City of Greensboro website (online reporting) —The website has a reporting mechanism that can be accessed different ways, with the most direct path being to choose from the "I want to..." dropdown menu on the home page.This reporting form can also be accessed by going to the Stormwater Program webpage (via the Water Resources Department main page) and choosing the pollution prevention option. Direct call or email to Stormwater Management staff —Due to the relationships built over time, other government agencies, citizens, businesses, etc. often have direct numbers of Stormwater staff and have been encouraged to call directly about pollution concerns. Stormwater Management staff or other city staff observations —Through citywide training and continued learning, staff throughout the organization regularly report stormwater pollution, often directly to Stormwater Management staff or through their respective departments, which in turn is passed to the Stormwater Management Division. Spill Response (Duty Phone) —Applicable staff throughout the city and county have access to the spill response duty phone in which to report emergency spills. This is most often used by Fire Emergency Management, Field Operations, and Guilford County Environmental Health. Primary and Supplemental Programs —Programs implemented through the Stormwater Management Division are conducive to finding additional pollution concerns or violations while staff performs inspections, visits various sites, etc. PRIMARY PROGRAMS/BMPS The Stormwater Management Division implements multiple programs to provide a proactive and responsive approach to potential pollution issues in the city's surface waters. The table below shows which section of the Stormwater Management Division is responsible for each primary program. Program Responsibility Pollution Investigations Water Quality Section Spill Response Water Quality Section (with departmental support) Outfall Screening Operations Management Section FIS Sampling/Follow-up Water Quality Section Small Polluter Education Water Quality Section POLLUTION INVESTIGATIONS Providing the public with multiple reporting avenues allows Water Quality staff to investigate pollution concerns from citizens, businesses, city staff, partner agencies, etc. This program has proven to be a integral part in reducing point and non -point -source pollution.* (See Appendix C for specific protocols regarding sediment pollution.) Procedures When a pollution concern is reported, Water Quality staff refer to the following guidelines/procedures for investigating. (These steps are for guidance only and may be altered or adapted based on the situation.) 1. The call is assigned to the next available person on the rotation list. (In some cases, a call may warrant additional staff for the initial and/or follow-up investigations.) 2. Before the initial site visit, staff may check and/or print maps, research historical information, obtain equipment or test kits (e.g., multiprobe, chlorine test kit, educational material, etc.). If more information is needed about the concern, the caller may be contacted for clarification or additional information. 3. Staff visits the site and notes signs of (or the absence of) pollution. During this initial investigation, staff may talk to residents or business owners, trace a product upstream to find a potential source, contact other city staff (ex. WR Operations Sewer staff) or external agencies (ex. Guilford County Environmental Health), etc. 4. Based on the outcome from the intial investigation, staff will determine what follow-up steps, if any, are warranted. Possible follow-up actions may include one or more of the following: • Monitoring (routine site visits for intermittent issues, etc.) • Dissemination of educational information • Enforcement procedures • Referral or request for assistance from internal or external partners/agencies (Appendix D) • Field investigations: dye testing, fecal coliform sampling, etc. 5. Staff communicates with the caller throughout the investigation (as applicable) regarding investigation outcomes, potential follow-up actions, etc. Field Tests/Investigations The information in this section briefly explains procedures for some of the more common types of field investigations. Tracking Through the Conveyance System When tracking a pollutant in search of a source, maps of the stormwater conveyance system may be used. Maps may be accessed from GIS or through smart phone application such as Field Maps or Collector. Keeping safety as a priority, efforts should be made to track upstream one adjacent asset at a time in order to ensure a thorough investigation takes place. (For manholes located in the streets, precaution should be taken and lane closure protocols should be instated. For major streets, multiple - lane highways, and any other busy location, contact staff in the Operations Division for assistance to appropriately and safely block lanes for investigating.) Dye Tests Prior to dye testing, alert the Fire Department and WR dispatch of the location and time of the test as well as the color of the dye used in case they receive related calls. Dye testing is useful in detecting SSOs, illicit connections, faulty infrastructure, etc. When dye testing, it important to verify what utility system has the presence of dye and the absence of dye. Sometimes inaccurate inventory, cross -connections, or other problems may falsely give the impression that the dye is in the correct utility system when it may have by-passed the intial asset. Dye can usually be obtained from the warehouse on Soabar street, located behind the main Water Resources building. Closed Circuit Television and Smoke Testing If it suspected that the sanitary sewer system is entering the stormwater system and other investigation avenues have not uncovered the soucre, staff may solicit assistance from the Operations Division to TV and/or smoke test the line. These investigation methods can reveal intermittent leaks in the sewer line, abandoned lines, etc. Follow-up Sampling See the FIS section below for procedures on sampling for fecal coliform and other parameters. Chemical Parameter Monitoring The Water Quality Lab has solutions and strips to test for the presence of various chemical parameters. The most reliable and efficient field tests housed here are those for chlorine and ammonia. The presence of chlorine can be indicative or a water line break or the discharge of chlorinated water from a swimming pool. High ammonia levels may indicate the presence of sewer, but other methods should be used for verification. (Note that the field test for ammonia often indicates the presence of some ammonia, and this is not abnormal. Moderate to high levels should be investigated further.) While field kits may be used for other parameters, it is often more accurate to obtain assistance from other divisions or the contract lab. Physical Parameter Monitoring A multiprobe may be used to measure physical parameters. Water Quality's current multiprobe, the Horiba U-52, measures dissolved oxygen, temperature, turbidity, pH, conductivity, total dissolved solids, depth, etc. The multiprobe's detection of high values or anomalies present in surface water may help in assessing the presence of potential pollutants. Documentation Staff enters calls in the Spills and Concerns (SAC) database, adding follow-up information as applicable. This includes investigations, enforcement, education, etc. (Refer to the document SAC Database Instruction Manual for more detailed information regarding database entry.) SPILL RESPONSE The City of Greensboro Fire Department (GFD), City of High Point Fire Department, and Guilford County Division of Environmental Health have a Memorandum of Agreement pertaining to spills that may occur within Guilford County, which includes Greensboro. The Stormwater Management Division supports the Emergency Management team, responding to any concerns that may present a threat to the stormwater conveyance system or surface waters. This agreement includes protocols for maintaining funds for cleanup when there is no responsible party or the responsible party is not responsive. Refer to the Spill Response SOP for more information. OUTFALL SCREENING Staff in the Operations Management Section of the Stormwater Management Division perform dry - weather outfall screening as a proactive measure to find pollution problems and failing outfall infrastructure. Should staff suspect a water quality problem when outfall screening, they investigate to determine if it is actively occurring. They notify WQ staff as soon as possible to help with the initial investigation and/or to follow-up. Refer to the Outfall Screening SOP for for more information. FIXED INTERVAL SAMPLING (FIS): ROUTINE AND FOLLOW-UP Program summary Fixed interval sampling is designed to assess the water quality of streams in the Greensboro area. Stream sampling takes place on the same day every month in order to gather data during a variety of conditions, including dry weather and storm events. When sampling, staff will note any abnormalities observed in the stream or in surrounding areas. If a pollution problem is noted, a staff member from the Water Quality Section will investigate. When results from sampling are obtained, staff determines if any data fall within the range of watch or action limits. If a number falls within the action level, staff will start an investigation to the determine the source of the potential point -source pollution. These investigations often include follow-up sampling, therefore prompting the execution of the procedures described in this section. Procedures The most common parameter prompting follow-up is exceedences for fecal coliform, primarily when routine sampling took place during ambient conditions. When fecal coliform counts are elevated, staff takes the following actions. While the steps described below are specific for fecal coliform sampling, they can be applied when following up on any parameter that warrants additional sampling. Follow-up Sampling Initial Investigation 1. Obtain a map of the drainage area of the site with a high fecal count. 2. Determine locations for sampling, including the original sampling site and upstream sites. This often entails sampling where channels converge, before and after sanitary sewer line crossings, areas with historical pollution problems, etc. The number of samples taken can vary based on the watershed in question. When a watershed is large and/or has many channels entering the area of concern, only a few samples may be taken at first in order to narrow down the potential path of the pollutant. 3. After coordinating with the contract lab, samples are taken at the determined locations during *ambient conditions. (Note that some predetermined locations might be dry, and there may be additional areas found in the field that warrant sampling.) 4. If applicable and feasible, walk the channel and/or observe areas with sewer crossings or areas with a history of improper discharges or illicit connections. *Conditions are considered ambient when it has been >72 hours since an impactful rain event. Additionally, conditions may be determined ambient if a rain event occurred <72 hours previous to sampling but low rain amounts caused little to no impact on surface waters. If follow-up sampling results in high counts, the same steps are followed to further pinpoint the location where pollution may be entering the stream. When feasible, staff members will rotate taking the lead for follow-up investigations. It is the responsibility of the lead person to research recent SSOs or water main breaks for a potential cause of high counts/results, contact the lab to arrange for sample delivery, and organize staff to obtain samples. Refer to the Fixed Interval Sampling SOP for more information. Documentation Lab data for sampling triggered by FIS results are entered into the Water Quality Index (WQI). For sampling that takes place as a follow-up measure for a general pollution call, lab data is entered into the WQI and follow-up narratives and information are entered into the SAC database. SMALL POLLUTER EDUCATION Program summary This program is proactive in nature with the goal of identifying and educating potential polluters (small - quantity generators) to prevent and/or eliminate illicit connections and improper disposals to the stormwater conveyance system. More specifically, this group incorporates the smaller, local business community. This comprehensive education and inspection program is designed to raise awareness among the business community about water quality concerns, non -point -source pollution, and other stormwater issues. Although a specific group or business may be the focus for a specific period of time, educating all types is ongoing and specific groups may be targeted again during applicable seasons. Refer to the Small Polluters Program SOP for more information. SUPPLEMENTAL PROGRAMS/BMPS While the primary programs fully implement the IDDE requirements, other programs in the Stormwater Management Division supplement these main programs by providing additional ways to find and report pollution. The table below shows which section of the Stormwater Management Division is responsible for the program. Program Responsibility Fats, Oils, and Grease (FOG) FOG Section Good Housekeeping Water Quality Section Permitted Facilities Inspections Water Quality Section SCM Inspections Water Quality Section, Operations Management Section FATS, OILS, AND GREASE (FOG) Program summary The City of Greensboro's Fats, Oils, and Grease (FOG) program, currently a section in the Stormwater Management Division, is supported through the city's waste collection permit. Staff is trained to notify water quality staff of any housekeeping issues at eating establishments while performing routine inspections of oil -water separaters. Additionally, staff receive notifications of any sewer issues that resulted from cooking oil or grease and provide additional education to surrounding areas. GOOD HOUSEKEEPING AND POLLUTION PREVENTION Program summary While the Good Housekeeping and Pollution Prevention program is designed to implement section G of the MS4 permit, there are overlaps such that the program complements parts of the IDDE program. Training all city employees on pollution prevention has resulted in field staff from other departments reporting pollution concerns to the Water Quality Section. Additionally, inspections of city facilities may reveal housekeeping practices that contribute to pollution issues, thereby providing the opportunity for education and pollution prevention. Refer to the Good Housekeeping and Pollution Prevention Program SOP for more information. PERMITTED FACILITY INSPECTIONS Program summary The Water Quality Section inspects facilities that have NPDES permits and facilities that fall under the TRI (Toxic Release Inventory) criteria. These inspections include checking stormwater discharge outfalls and housekeeping practices, which allows for a proactive approach is finding potential pollution issues. Refer to the Industrial Inspections SOP for for more information. STORMWATER CONTROL MEASURE (SCM) INSPECTIONS Program summary The inspection of private SCMs has proven to be a proactive way of preventing pollution by identifying issues while they are contained and before reaching surface waters. Refer to the SOPs for private SCMs and city -owned SCMs for more information. EMPLOYEE TRAINING STORMWATER MANAGEMENT DIVISION STAFF The overall approach for training new Stormwater Division employees is similar for each IDDE program, though individual programs may have additional specifics. The goal of this is to ensure applicable staff members are trained such that each BMP is efficiently implemented. Training for IDDE programs includes, but is not limited to, the following: • Review of applicable SOPs, manuals, ordinances, and safety • Field training/shadowing • Partnering (team before solo) • Database use and other documentation • External training or certifications as applicable In addition to the training that takes place for new hires, ongoing training for current employees also takes place. Ongoing training comes in many forms including, but not limited to, the following: • Team meetings • Internal training on any updates/changes (database, procedures, etc.) • External training or certifications as applicable Though each program generally follows the training protocols noted above, individual programs may have specific needs within the broader training list. Additional information is listed below, but refer to program -specific SOPs for relevant training procedures if applicable. Pollution Investigations —For pollution investigations, a new employee shadows experienced staff on calls before going solo. As time progresses and the new employee has been exposed to a variety of calls, he or she may take the lead on sequential calls with more experienced staff available for assistance as needed. New staff may then be solely responsible for simpler calls, progressing to more complex calls over time. Small Polluters —Training for this program is often initiative specific, meaning different business types may require different approaches. The person overseeing the campaign for a new business group works with staff to go over procedures for upcoming education and inspections. New hires are trained on the general approach to educating businesses. This includes exposure to available educational materials, guidance on talking to staff at businesses, and hands-on/field training. • Spill Response —Training for spill reponse is the same as described Pollution Investigations above. In addition, staff that is on call and not part of the Water Quality Section will shadow experienced staff before being on -call. • Outfall Screening —Staff in the Operations Management Section are trained to do initial tracking for any pollution issues discovered during outfall inspections, with the goal of immediately tracking the pollution to its source. Staff in this section will then notify Water Quality staff to take over the investigation and/or follow up on this initial investigation or observation. • Enforcement —Staff of all levels of experience discuss potential enforcement actions with the Water Quality Supervisor; therefore, enforcement almost always includes more than one staff member to ensure consistency and that all legal protocols are followed. • Fixed Interval Sampling: Routine and Follow -Up —This routine sampling program is done in pairs such that new staff is paired with experienced staff before sampling with those with less experience. Similarly, follow-up sampling consists of newer staff assistance before taking lead. Regardless of the program, new and experience staff should always refer to protocols as referenced in Water Resources safety documents, including guidance for confined entry, appropriate PPE, and accessing the stormwater system in the street. If safety is at risk at any time, staff should contact the supervisor or safety representative for guidance. 19119:I4:a�III killal:7_104 TT IaKeyj4*[ City employees throughout the organization are educated on illicit discharges and improper disposals — what it is, how to recognize it, how to report it, etc. Additional efforts are often made to further train field employees on IDDE, as they are more likely to find these issues. More information about the training of municipal employees can be found in the documents supporting the Good Housekeeping Program. PAST PROJECTS BACTERIAL SOURCE TRACKING (BST) In addition to direct investigations, a bacterial source tracking study was conducted to better understand what contaminants affect surface water. In 2004-2005, NCDEQ supported a study with MapTech, Inc., in which source and water samples were taken from North Buffalo Creek to build a library of known sources of E. coli bacteria. This determined if bacterial sources were primarily from wildlife, humans, or domestic animals. The results for North Buffalo Creek showed significant wildlife contribution, although human and domestic animal contributions were sometimes significant, especially during rainfall events. In 2005- 2006, the City of Greensboro and MapTech, Inc., conducted a similar study for South Buffalo Creek and Horsepen Creek. The results for these two streams showed significant human contribution, although wildlife and domestic animal contributions were sometimes significant. STORMWATER INFRASTRUCTURE INVENTORY FOLLOW-UP The City of Greensboro's Stormwater Management Division hired a consulting firm (Dewberry and Davis, Inc.) in 1997 to conduct citywide inventory of the City's storm drainage system. It was requested that the field personnel note other observations, such as illicit discharges, illegal connections, and other pollution concerns. In 2001, the Water Quality section of the Stormwater Management Division initiated a query of Dewberry and Davis's field notes in order to investigate and resolve any ongoing pollution concerns initially noted. Of the 114 pollution concerns noted, 11 resulted in illicit discharges or improper disposals —all of which were resolved. QUALITATIVE AERIAL INFRARED SURVEY The City of Greensboro also funded an extensive project targeting IDDEs in 2003 that utilized infrared aerial photography. A consulting firm (Stockton Infrared Thermographic Services) was contracted to conduct aerial photography surveys of the City's streams. All photographed stream hotspots were identified and then tracked in the fields by Water Quality staff and/or Dewberry and Davis to determine if these hotspots were true IDDEs. Of the thermal anomalies investigated by Water Quality staff, one were deemed as ongoing pollution concerns. APPENDICES APPENDIX A: ILLICIT DISCHARGE DETECTION AND ELIMINATION (NPDES MS4 PERMIT, SECTION D) 1. Objectives for Illicit Discharge Detection and Elimination a) Detect and eliminate illicit connections and discharges, including preventable spills and illegal dumping to the Permittee's MS4. b) Implement appropriate enforcement procedures and actions. c) Maintain a map showing the permittee's major outfalls to state waters receiving discharges. d) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs, to the extent authorized by law, to meet the objectives of the Illicit Discharge Detection and Elimination Program. BMP Measurable Goals (a) Maintain appropriate Maintain adequate ordinances or other legal authorities to prohibit illicit legal authorities connections and discharges and enforce the approved IDDE Program. (b) Maintain a Storm The permittee shall maintain a current map showing major outfalls and Sewer System Base Map receiving streams. of Major MS4 Outfall. (c) Inspection/detection Maintain written procedures and/or Standard Operating Procedures program program to detect dry (SOPS) for detecting and tracing the sources of illicit discharges and for weather flows at MS4 removing the sources or reporting the sources to the State to be properly outfalls permitted. Written procedures and/or SOPs shall specify a timeframe for monitoring and how many outfalls and the areas that are to be targeted for inspections. (d) Employee Training Conduct training for appropriate municipal staff on detecting and reporting illicit connections and discharges. (e) Maintain a public Maintain and publicize reporting mechanism(s) for the public to report reporting mechanism(s) illicit connections and discharges. (f) Documentation The permittee shall document the date of investigations, any enforcement actions or remediation that occurred. APPENDIX B: ORDINANCES U►►c►t uonnect►ons and improper MIM RAND DEVELOPMENT ORDINANCE Article 12. Natural Resources 30-12-7 Stormwater Manaaement Resources 57amwatar prarnage Stydya� NC Division a Water Quality StormwatE!r 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 uncontarrinated water used for heatinq or coolinq, shall be discharqed 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 submtted to the city following conditonal 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 untl the constructon and utlity 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 -awned 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) Page 1 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 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. 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. Page 2 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. 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. 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. 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. Page 3 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 12J1f 10) Page 4 Enforcement GREENSBORO NORTH CAROLINA Article 12. Natural Resources 30-12-7 Stormwater Management Resources Stormwater Drainage Standards Division of Water Quality Stormwater BMP Manual (Manual) rm Drainage Design Manual (Manual) rmwater 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 City of Greensboro, NC I Land Development Ordinanoe 1 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 City of Greensboro, NC I Land Development Ordinance 2 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 City of Greensboro, NC I Land Development Ordinance 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. City of Greensboro, NC I Land Development Ordinance 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. City of Greensboro, NC I Land Development Ordinance 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) City of Greensboro, NC I Land Development Ordinance APPENDIX C: PROTOCOLS FOR SEDIMENT POLLUTION Investigating sediment pollution may dependant on the source. The following chart is for guidance only and is subject to change. APPENDIX D: CONTACTS/REFERRALS The information in this table is for general guidance only, as water quality issues should be evaluated on a case by case basis. Before contacting external agencies, staff should discuss the problem with his or her supervisor or manager. Fish Kill NCDEQ (Regional Office) 336-776-9800 Construction Sediment (Permitted) ESC Section (WR) 336-944-5230 Private Lift Station NCDEQ (Regional Office) 336-776-9800 SSO/Lift Station (Public/City) WR Dispatch 336-373-2033 Water Main Break WR Dispatch 336-373-2033 *Sewer (Private) Property Owner NA Grease Trap (Overflow/Other) FOG Section (WR) 336-254-4214 Petroleum, Chemicals, Other Spills GFD (Special Operations), 336-574-4090 (On -Call Duty Phone) GCEH (HERA) 336-641-4950 (On -Call Duty Phone) Safety Guidance Supervisor/Manager NA WR Safety Representative 336-373-7585 Soil/Groundwater Contamination GCEH (HERA) 336-641-7613 Septic Tanks GCEH (HERA) 336-641-7613 UST, AST GCEH (HERA) 336-641-7613 City Staff (General) City Contact Center 336-373-2489 (336-373-CITY) *In some cases, private sewer isses may warrant contacting NCDEQ or GCEH.