NCS000397_Newton EPA Audit App A_20181213

Appendix A
Supporting Documents

MS4 Inspection Report
Newton, NC: NPDES Permit No. NCS000397

Inspection Date: December 11, 2018 Appendix A

Supporting Document 1
City of Newton Stormwater Management Program

CITY OF NEWTON
STORMWATER MANAGEMENT PROGRAM

1. Population and Estimated Growth Rate

According to the 2015 State Planning Office’s population estimate, the population of
Newton is 12,982. This population is assumed to be permanent with no seasonal
population.

The growth rate for the city of Newton over the last few years has been flat. It is
estimated based on building periods that the future growth rate would be 0.5% to 1%
annually as the local economy continues to improve.

2. Jurisdictional Area

The jurisdictional area and MS4 service is assumed to be the same as the city limits,
which is 13.78 square miles. The ETJ area is 5.7 square miles, but the only legal
authority that the City has within this area is the enforcement of the Soil Erosion and
Sedimentation Control Ordinance; the Zoning Ordinance; and the Subdivision
Ordinances.

3. Describe Stormwater Conveyance System

Like many cities of its size, the City of Newton did not have any records of its storm
drainage conveyance system, prior to beginning the mapping of the system at the start
of the Phase II permitting cycle. Most of the infrastructure is aging and in poor
condition. The older, denser areas of the City contain the majority of the culvert and
pipe systems and catch basins. The more rural areas of the City, the conveyance system
consists mostly of channels and ditches that run through backyards and feed into larger
streams.

The City does not currently have a formal program to clean storm sewer inlet structures
or pipes. The portion of the conveyance system that is maintained is within the City’s
right-of-way. Currently the infrastructure is maintained by the City’s Street
Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out,
ditch maintenance, catch basin repairs and clean out, and headwall maintenance. In
addition, catch basins are cleaned on an as-needed basis.

4. Estimated Land Use

A review of the GIS Land Use data was used to generate the following land use
estimates. The approximate percentages for each category are:

COMMERCIAL 8.3%
INDUSTRIAL/INFRASTRUCTURE 8.5%
OFFICE/INSTITUTIONAL 4.0%
RESIDENTIAL 40.9%
UNDEVELOPED/AGRICULTURAL 38.3%

5. Identify the Receiving Streams

Below is a list of the receiving streams for the City of Newton. A map showing the
Streams within the City Limits and ETJ is attached as Appendix A.

6. Identify TMDLs (if applicable)

There a TMDL for Clarks Creek within the City of Newton. It was approved by the
EPA in 2002. It addresses fecal coliform.

7. Identify impaired streams, likely sources, and existing programs that
address the impairment (if applicable)

Clark Creek is listed as impaired for fecal coliform. The likely source for fecal coliform
are sanitary sewer overflows, failing septic tanks, and livestock. The City is working to
improve its sewer system to prevent overflows and to identifing failing septic tanks
which are reported to the Catawba County Environmental Health Department. The
Catawba County Conservation district offers programs to encourage farmers to fence
livestock out of creeks and streams in a effort to reduce the introduction of fecal
coliform.

8. List any existing water quality programs

The City of Newton is delegated by the state to implement the Erosion and Sediment
Control program within the City limits and the ETJ area. The City also has a two
watershed protection districts within its jurisdiction. They are the Lake Norman
Watershed protection district which covers a small portion of the northeastern area of
the City, and the Jacobs Fork Watershed protection district which covers the satellite
areas of the City within proximity of Jacobs Fork River.

9. Identify and describe any partnerships and/or inter-local agreements

Betts Branch From source to Clark Creek C No
Bills Branch (Bili Branch)From source to Clark Creek C No
Clark Creek (Shooks Lake)From source to a point 0.9 mile upstream of Walker Creek C Fecal Coliform Yes
Cline Creek From source to Clark Creek C No
Henry Fork From Laurel Creek to South Fork Catawba River C No
Hildebran Creek (Anthony Creek)From source to Clark Creek C No
Jacob Fork From a point 0.6 mile upstream of mouth to South Fork Catawba River WS-III;CA No
McLin Creek From source to Catawba County SR 1734 C No
Smyre Creek From source to Town Creek C No
South Fork Catawba River From source to Catawba-Lincoln County Line WS-V No
Town Creek From source to Clark Creek C No
Receiving Stream Name Stream Segment Water Quality
Classification Water Quality Issues 303(d) List
Legal agreements are not in place; however the Catawba County Environmental Health
Division is the permitting and regulating entity for septic systems within the City of
Newton and its ETJ.

10. Describe any state programs
There are currently no programs implemented by the State within the City of Newton.

11. Identify any other entity that the regulated public entity relies on to
implement or manage its stormwater program.

Catawba County Environmental Health Division is the permitting and regulating entity
for septic systems within the City of Newton and its ETJ.

12. Identify points of contacts

The Assistant Planning Director is responsible for the stormwater program
administration including Public Education and Outreach; Public Involvement and
Participation; Illicit Discharge Detection and Elimination; Construction Site Runoff
Controls; and Post-Construction Site Runoff Controls. The Director of Public Works
and Utilities is responsible for Pollution Prevention and Good Housekeeping for
Municipal Operations, as well as maintenance of stormwater infrastructure. The
contact information for the Assistant Planning Director and the Director of Public
Works and Utilities is as follows:

Alex Fulbright
Assistiant Planning Director
PO Box 550
Newton, NC 28658
[phone]
[e-mail]

Dusty Wentz
Director of Public Works and Utilities
PO Box 550
Newton, NC 28658
[phone]
[e-mail]

13. Describe the public education and outreach program

The objectives of the Public Education and Outreach element of the City’s Stormwater
Program is to distribute education materials to the community, conduct public outreach
activities, raise public awareness on the causes and impacts of the stormwater pollution,
and inform the public on steps they can take to reduce or prevent stormwater pollution

The City of Newton aspires to reach a diverse population with its public education and
outreach campaign. Target groups include residential property owners, commercial and
industrial business owners; school-aged children and community leaders. These groups
are being targeted for public education due to their unique stormwater impacts.

Residential property owners, community leaders and school-aged children are being
targeted for basic stormwater education. These groups are being targeted to ensure a
basic understanding of non-point source pollution and its impacts on the environment
throughout the community. City leaders also aspire to provide these groups with basic
pollution prevention techniques they can easily implement into their everyday lives.

Commercial and Industrial businesses are being targeted for education to inform owners
about the impacts of illicit discharges, reporting procedures, proper waste disposal
practices, and the efforts they can take to minimize pollutants from their sites.

The City of Newton is located in Sub-basin 08-03-35 of the Catawba River Basin.
According to the Catawba River Basin-wide Water Quality Plan, "This sub-basin
includes lands that drain to the upper reaches of the South Fork Catawba River. Land use
is primarily forest (57%) and pastures (35%). Excellent water quality conditions are
present in the western portion of the sub-basin, including the Henry Fork and the Jacob
Fork. Waters in the lower portion of the sub-basin exhibit diminished water quality from
the effects of agricultural activities, urban runoff and several point source discharges
(April 2002). Major pollutants of concern, specifically along Clark Creek, include fecal
coliform bacteria, bacteria, turbidity, and copper."

Since Newton falls well within the boundaries of this particular sub-basin (08-03-35),
public education and outreach efforts will attempt to address pollutants resulting from
agricultural activities, urban runoff, and point source discharges.

Outreach Plan

Educational Brochures

Target Audience: Households
Delivery Method: Direct Mail and New Resident Information Packets

Generate and distribute educational brochures addressing non-point source pollution and
its relation to water quality and report number of households reached. Brochures to
include information on non-point source pollution and outline possible prevention
methods. The City intends to publish brochures in both English and Spanish in an effort
to reach the most households.

Web-page

Target Audience: General Public
Delivery Method: Current City Internet Site

Maintain a stormwater information page for current Internet site. Report number of site
visits.

Employee Newsletter

Target Audience: City Employees
Delivery Method: Inter-office Mail

Include water quality related articles in the pre-existing employee newsletter. Report
number of employees reached annually.

City-wide Newsletter

Target Audience: City Residents
Delivery Method: US Mail

Include water quality related articles in the pre-existing quarterly citywide newsletter.

City Sponsored Events and Festivals

Target Audience: General Public
Delivery Method: Informational Booth

Use City Sponsored Events and Festivals as opportunities to educate the public about
water quality issues by distributing brochures and other water quality related educational
materials to individuals attending the event. .

Business Outreach Program

Target Audience: Business/Industry Owners
Delivery Method: Direct Mail

Generate and distribute target educational brochure to inform businesses on illicit
discharges, reporting and proper waste disposal practices.

The City of Newton is taking a rational and logical approach to educating the public
about water quality issues. Since our community lacks a basic understanding of non-
point source pollution and its impacts on the environment City leaders aspire to first
provide the identified target groups with a base knowledge and understanding of non-
point source pollution by saturating the public with general water quality information and
pollution prevention techniques using various media outlets.

After establishing a basic understanding of water quality issues among target groups
using various media outlets, City leaders aim to narrow the program’s focus to target
more specific audiences by creating, distributing and presenting tailored information
designed to meet each groups’ individual educational needs.

14. Describe the public involvement and participation program.

The Environmental Protection Agency (EPA) believes that the public can provide valuable
input and assistance to a regulated small MS4’s municipal stormwater management program
and, therefore, suggests that the public be given opportunities to play an active role in both
the development and implementation of the program. An active and involved community is
crucial to the success of a stormwater management program because it allows for:

 Broader public support since citizens who participate in the development and
decision making process are partially responsible for the program and, therefore, may
be less likely to raise legal challenges to the program and more likely to take an active
role in its implementation;

 Shorter implementation schedules due to fewer obstacles in the form of public and
legal challenges and increased resources in the form of citizen volunteers;

 A broader base of expertise and economic benefits since the community can be a
valuable, and free, intellectual resource; and

 Conduits to other programs as citizens involved in the stormwater program
development process provide important cross-connections and relationships with
other community and government programs. This benefit is particularly valuable
when trying to implement a stormwater program on a watershed basis, as encouraged
by EPA.

To satisfy this minimum control measure, the operator of a regulated small MS4 must:

 Comply with applicable State, Tribal, and local public notice requirements; and

 Determine the appropriate best management practices (BMPs) and measurable goals
for this minimum control measure.

The City of Newton aspires to reach a diverse population with its public involvement
campaign. Targeted groups include residential property owners, commercial and
industrial business owners; school aged children as well as community/civic leaders.
These groups are being targeted for public involvement to increase their
understanding of the importance of clean water by directly involving them in water
protection projects. The City also aspires to increase civic pride among the general
public by promoting the quality of life benefits associated with maintaining a clean
environment free of pollution and debris.

Available Resources

Earth Day

The Newton Parks and Recreation Department recognizes the celebration of Earth
Day each year by planting a tree in one of City’s park facilities.

City-wide Clean-Up Event

Every April, the City of Newton Appearance Commission sponsors a city-wide clean
up event to encourage Newton residents to help clean-up the City.

City Participation on Committees

The City of Newton currently seeks citizen input by asking residents to serve on
various city committees. To date the City sponsors seven committees. They include:
the Appearance Commission, Downtown Newton Development Association, Festival
and Events Committee, Off-Street Parking Committee, Parks and Recreation
Commission, and the Police Advisory Board.

Household Hazardous Material Collection Day

Each spring Catawba County sets up collection sites throughout the county for the
safe disposal of household waste including lawn and garden pesticides and fertilizers,
paint and paint thinner, anti-freeze, brake fluid, gasoline and oil mixtures. Newton
residents are encouraged to dispose of their household waste at one of the county
collection sites on the appropriate day.

While the City of Newton does not currently conduct a Household Hazardous
Collection Day, they do promote and encourage city residents to participate in the
Household Hazardous Material Collection Day sponsored by the county by
advertising the event in the quarterly newsletter, on the city’s web-site and in the
local newspaper as part of the City’s monthly community update.

Involvement Plan

Stormwater Advisory Board

Target Audience: Impacted Stakeholders

The City established the Planning Commission as a Stormwater Advisory Board. The
Stormwater Advisory Board purpose is to oversee the development and
implementation of stormwater related ordinances, programs, and other items needed
to implement the City’s Stormwater Program.

City-wide Clean-Up Event

Target Audience: General Public

Work with area community groups and other city departments to plan and organize a
volunteer driven city-wide clean-up event to promote water quality and over-all
environmental awareness. Report on the type of projects completed and number of
participants.

Mark Storm Inlets with Environmental Messages

Target Audience: City Employees and the General Public

Coordinate City Staff and Volunteers to mark storm inlets with environmental
messages. Report number of drains marked.

Earth Day Celebration

Target Audience: General Public

Partner with City’s Parks and Recreation Department to plan and organize a City
sponsored event to celebrate Earth Day on an annual basis. Report annually on the
types of information disseminated and activities conducted.

The City aspires to involve as many people in its Stormwater Management Program
as feasibly possible. To accomplish this goal, City leaders plan to host a broad range
of activities involving all potentially affected stakeholder groups including residents,
business/industry owners, school children, etc…). Since individuals desire different
levels of community involvement, activities requiring different levels of involvement
are being addressed in the City’s Public Involvement Program.

15. Describe the Illicit Discharge Detection and Elimination Program.

Illicit Discharge Detection and Elimination

To eliminate illicit discharges into the City’s storm sewer system, the City of Newton
will be required to administer a strategy to detect and eliminate such discharges. An
illicit discharge has been defined by the EPA as "any discharge into a separate storm
sewer system that is not composed entirely of stormwater". Typically, illicit discharges
enter a storm sewer system either through direct connections, e.g., sanitary sewer
piping, or indirectly from cracked sanitary sewer conveyance systems, spills collected
by storm drains, or from contaminants dumped directly into a sewer inlet. The
following are typical examples of illicit discharges:

 Sanitary wastewater
 Effluent from septic tanks
 Laundry wastewater
 Commercial car wash discharges
 Improper disposal of household or automotive toxics
 Spills from roadway accidents

Pollutants from these sources can include heavy metals, toxics, oils and grease,
solvents, nutrients, viruses, and harmful bacteria. Substantial levels of these
contaminants can damage fish and wildlife habitats, decrease aesthetic value, and more
importantly threaten public health due to contaminated food and drinking water
supplies.

To comply with NPDES Phase II program requirements, the City will be required to
address the following requirements:

 Maintain a storm sewer map illustrating the location of all storm sewer outfalls
and the names and location of all waters of the United States that receive
discharges from these outfalls.
 Prohibit the discharge of non-stormwater discharges into the City’s storm sewer
system through the enforcement of the Illicit Discharge Ordinance which was
effective July 1, 2007.
 Administer a plan to detect and address non-stormwater discharges, including
illegal dumping.
 Educate public employees, businesses, and the general public regarding the
impacts associated with illegal discharges and the improper disposal of waste.

Storm Sewer System Map

One of the major tasks associated with this minimum control measure is maintaining a
map of the City’s regulated MS4 outfalls. The City of Newton has a comprehensive
map of the City’s storm sewer system or the regulated outfalls, as result of the system
mapping completed during the initial permit cycle.

The inventory of the City’s outfalls will help the City gain awareness of their system
and the location of the discharge points. EPA recommends collecting all available
existing information that may include outfall locations such as City records,
construction plans, and drainage studies and then field verifying their locations. In
order to obtain a comprehensive map of the City’s outfalls, it will be necessary to walk
the jurisdictional waterways and locate outfalls by visual observation.

A storm sewer system map will be developed that shows the location of all regulated
outfalls and the names and location of all receiving waters. These outfalls will be
located and verified in the field using GPS technology. The map will be regularly
updated when new outfalls are located, either through identification by City staff or
through as-built submittals from developers.

Regulatory Mechanism

The City adopted an Illicit Discharge Ordinance to address illicit discharges and
connections. This ordinance includes language that specifically relates to the
requirements of the NPDES MS4 permit such as:

 Findings of fact
 Objectives
 Prohibitions
 Notification of spills and violations
 Requirements for monitoring
 Inspections
 Penalties

Enforcement

The illicit discharge ordinance mentioned above will be enforced to ensure that illicit
discharges or connections are eliminated. This ordinance requires that violators address
illicit connections within a certain time frame or they will face penalties..

Detection and Elimination

The City of Newton has developed a program to detect and eliminate illicit discharges.
In order to detect non-stormwater discharges, the City has developed a program and
methodology for identification of these discharges. EPA has determined that after a 72-
hour time period of no rainfall, any discharge from a municipal separate storm sewer
may be non-stormwater related. Therefore, unless the discharge is exempt from the
regulation, i.e. irrigation water, water line flushing, or residential car washing, the
discharge is considered an illicit. In order to determine the source of the discharge,
grab sampling must be performed during dry weather conditions. Regulated
communities are then required to analyze the constituents in the sample in order to
determine the source of the discharge and to eliminate the contaminant if it is an illicit
connection or discharge.

The known locations of the City’s outfalls have been mapped using GPS technology
linked to a Geographical Information System (GIS) database. Attributes of individual
outfalls such as shape, type, size, and conditions will be recorded digitally as the
outfalls are located. This data will then be incorporated into the City’s GIS.

The following sections include procedures and guidelines for tracking potential illicit
discharges. These procedures and guidelines are used, but may be changed based on
actual field experiences and the needs of the City of Newton.

Procedures for Location of Priority Areas

Sanitary Sewer Issues

One of the most common and easily detectable types of illicit discharge is domestic
wastewater. Discharge from a cracked sewer line or a cross connection is usually
associated with extremely unpleasant odors and contains evidence that the common
citizen will recognize. Therefore, unlike other illicits, detection of this type of
discharge does not generally require sampling for positive identification. However,
wastewater illicits are a recurring problem. Despite proper design and construction
techniques, leaks will continue to occur due to old infrastructure, erosion, and
numerous other means. The City of Newton, like virtually every other municipal
wastewater system, has experienced some minor problems.

The City of Newton has taken steps to alleviate inflow and infiltration (I&I) into the
wastewater system. Although inflow to the system does not affect the quality of
surface runoff, cracks that allow inflow will also allow outflow should portions of the
system become backed up or completely full. Therefore, cracks in the sewer system
increase treatment costs due to the treatment of stormwater, decrease overall plant
capacity, and have the potential to endanger the quality of surface waters. I&I study of
the system have occurred to identify issues. The City is proactively replacing and
repairing older sanitary sewer lines that have greatly reduced the number of overflows.
The City has in place a notification policy for any sanitary sewer spill or overflow.
Each spill that reaches surface waters of the State must be reported to the State. Field
crews take special care around sanitary sewer crossings to identify any possible illicit
discharges.

Procedures for Tracing Illicits

Outfall Inventory/ Mapping

The City collects data on all existing outfalls as they are discovered. The inventory
includes attributing it for the following: Inspection date and time, site description,
outfall size and material, discharge color, discharge odor, presence and type of
floatables, discharge turbidity, deposits/stains, vegetative condition, presence or
absence of flow.

Dry Weather Screening Procedures

The inventoried outfalls will serve as the basis for identifying the field screening areas.
Dry weather screening only takes place greater than seventy-two hours after a storm
event greater than 0.1 inches. The National Weather Service Stations should be
consulted for rainfall quantities in the area, along with local weather reports and rain
gauges placed near the areas to be screened.

Only major outfalls with observed dry weather flow are required to be sampled. The
status of flowing outfalls should be integrated into the GIS outfall coverage.

Once an outfall is found to have a dry weather discharge, additional measures must be
taken to determine whether the discharge is illicit.

Illicit Connection Investigative Procedures

The illicit connections program is composed of a set of investigative procedures to
determine if a dry weather discharge is illicit and, if so, how to deal with it. Below is
an overview of the illicit discharge investigation procedures that will be used by the
City.

1.Check each outfall for dry weather flow. Upon finding dry weather discharge or
other evidence of an illicit discharge (i.e. odor, discoloration of surrounding
area, etc.) perform a visual inspection looking for those items listed below.
Also check for odor, flow depth and flow quantity.
2.Perform field testing for water temperature and pH and obtain a sufficient sample
to test for total chlorine, detergents/surfactants, phenols and copper. The site
should be sampled, again no less than four hours later, but no more than 24
hours later.
3.If, upon returning for the second sample, there is no flow, note as such and return
the following day. After three "no flow" conditions, and lacking additional
evidence of an illicit discharge the outfall may be removed from the potential
illicit discharge list.
4.If flow continues on the second day, record the data in the Potential Illicit
Discharge database.
5.Begin walking the contributing system upstream until flow is no longer found.
6.Check the watershed for facilities that may contribute the identified parameters
found in steps 1 and 2 to determine a list of potential sources of the dry weather
flow.
7.Inspect suspected facilities for potential illicit connections.
8.Notify owner of the facility of the potential violation, identify steps to be taken,
and establish schedule for removal.
9.Perform a follow-up investigation at the site to ensure that the illicit has been
removed.

Visual Inspection Investigation

The initial investigation is based on visual inspection, including:

 Odor

The odor of stormwater discharges will vary widely. Odor can be a good
indicator of the type of pollutant in the water. For instance, stormwater
discharges may smell like sewage, oil, gasoline, or may contain a chemical
smell. Decomposition of organic materials can also cause a distinctive sulfur
odor. Odors may vary greatly with changes in temperature and time of year.

 Color

Color can also be an important factor in determining the source of an illicit
discharge. The particular color should be noted and tracked upstream as far as
possible. Sewage will typically have a gray or brown color, whereas industrial
wastes may have a variety of colors.

 Turbidity

Turbidity is a measure of the amount of suspended matter in the water and
affects the clarity of the discharge. Discharges from industrial facilities are
often highly turbid. Although erosion can also create highly turbid water, this
should not be the case during dry weather flows. Each inspection should note
the relative degree of turbidity.

 Floatables

Floatables are solids and liquids that float on the surface of the water.
Floatables may include substances such as animal fats, food products, trash,
oils, plant materials, solvents, foams, or gasoline. Floatables can often lead
directly to the manufacturing process or other source of the illicit discharge. A
full description of the type and quantity of the floatables and a photograph of
the discharge should be included in the report.

 Residue

Residue left on the conveyance system can be an indicator of an illicit
discharge. Discoloration of the pipe or channel should be tracked upstream. It
is also important to note the location of the discoloration or stain within the
conveyance system.

 Vegetation

Vegetation growing in the immediate discharge area should be noted in relation
to vegetation growing in the general vicinity of the outlet. Certain discharges
can cause substantial changes in plant growth. Discharges containing a high
nutrient content may cause increased growth while discharges with severe
changes in pH may cause a decrease in growth. Although vegetation patterns
may serve as an indicator of non-stormwater discharges, they are also difficult
to interpret. Time of year, rainfall patterns, exposure to sun all affect plant
growth and may be contributing factors to the changes in vegetation patterns.
Caution should be used when considering vegetation as an indicator of an illicit
discharge.

 Structural Damage

Like residue, structural damage to the conveyance system can also be an
indicator of an illicit discharge. Structural damage is typically more noticeable
in concrete pipes. Acidic discharges may cause cracking, spalting, or
deterioration of the concrete. The location of the damage within the pipe and
the distance upstream will be important in determining the type of pollutant and
the source of the discharge.

Field Testing Investigation

In addition to visual inspection, field testing investigation may be performed to
determine the source of the illicit discharge. Field testing should be done for the
following characteristics:

 Temperature

Water temperature that varies greatly from the ambient air temperature is a good
indicator that there is an illicit discharge to the system.

 pH

The normal pH of stormwater typically ranges from 6 to 7.5 Values outside of
this range are an indicator of an illicit discharge. Water with values of 3 to 6 are
acidic and may indicate discharges from textile mills, pharmaceutical
manufacturers, metal fabricators and companies that produce resins, fertilizers,
or pesticides. Wastes containing sulfuric, hydrochloric, or nitric acids are a
common source of contamination. Water with values of 8 to 12 may indicate
discharges from industries such as the following: textile mills, metal plating
facilities, steel mills, and producers of rubber and plastic. Wash water used to
clean floors and industrial machinery may also produce alkaline wastewater.

 Copper

Elevated levels of copper may indicate discharges from cooling, boiler, or
industrial re-circulation systems. Copper sulfate is typically used as an
algaecide in all of these systems. Copper can also be an indicator of discharges
from an automobile manufacturing or maintenance facility.

 Phenols

Elevated levels of phenols may indicate industrial wastewater discharges.
Caution should be exercised, however, since phenols may also be present in
other waste streams. Phenols should be considered in relation to other
parameters in determining the potential source.

 Surfactants/Detergents

Typically, the presence of surfactants and detergents will indicate a connection
to either an automobile wash facility or a laundry facility. High
surfactants/detergents and elevated temperatures are a good indicator of laundry
facilities. Lower levels of surfactants/detergents may indicate a connection to a
residential laundry or industrial facility.

 Chlorine

The absence of chlorine may indicate a natural water source. However, due to
chlorine’s ability to quickly dissipate, caution should be used when making
judgments based on its absence. Generally, only potable water sources will
contain chlorine. Therefore, the presence of chlorine insures that the source is
not a natural water source. Very high levels of chlorine typically indicate
connection to a swimming pool.

Using the results of the visual and field testing investigation, likely sources of the illicit
discharge can be identified. Typically, illicit discharges and connections are from
either wash water or sanitary sewer sources. The investigator will work upstream
looking for the connections.

Additional testing may be required at upstream points and testing of additional
parameters may also be necessary to further identify the actual source. Other
investigative methods that may be used include dye testing, smoke testing, and in-pipe
cameras.

Illicit connections may be verified by performing an on-site inspection. When on-site
inspections are performed, the inspection should be fully documented and photographs
of the connection and facility should be taken when feasible. After a potential source is
identified, testing should be conducted immediately upstream to insure that there are
not multiple sources of the discharge.

Procedures for Removing Illicits

Upon identification of the source of the illicit discharge or illegal dumping, the
responsible party will be notified to cease the improper practices. All appropriate
regulatory agencies will be notified of the discharge. The violator may be fined in
accordance with the adopted ordinance and will be given a designated period of time to
eliminate the illicit connection by either:

(a) rerouting the flow to the sanitary sewer (if appropriate),
(b) constructing on-site treatment facilities,
(c) permitting the connection (if applicable), or
(d) removing the source of the illicit discharge.

During the designated period inspections may be conducted to verify compliance with
the order to cease and desist further discharges and any clean up procedures required to
mitigate damages caused by the discharge.

Procedures for Plan Evaluation

A debriefing will be held after the first drainage area is complete to discuss procedures
and policies associated with the detection and elimination process. Results of the
investigation will be evaluated and the process will be revised as necessary. The types
of illicit connections found will also be considered to determine the next highest
priority watershed. For example, if it is found that the majority of illicit connections
come from a particular type of facility, the watershed with the highest concentration of
that type of facility will be investigated next. A debriefing will be conducted after each
watershed investigation is concluded. Additional meetings will be held, and changes to
the process will be made as appropriate.

Non-Stormwater Discharges

Some categories of non-stormwater discharges include water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground water
infiltration, uncontaminated pumped ground water, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming pool discharges,
and street wash water. These categories of discharges are not presently seen as
significant contributors of pollutants to the MS4 system and therefore will not be
addressed.

Other Incidental Non-Stormwater Discharges

Based on available information, there are no other incidental non-stormwater
discharges that are contributing significant amounts of pollutants to the MS4.

Outreach

Improve Illicit Education Efforts

The City will also be required to educate their citizens on the potential harms associated
with the illegal dumping of illicits. The City will distribute literature on the detrimental
effects of many household toxics. Citizens will be made aware of what can and can’t
be dumped into the storm sewer system. Representatives of the cities business
community will also be informed using educational ideas discussed in the Public
Education section. Efforts such as this will help meet the illicit discharge education
requirements, and will correlate with minimum measures 1 and 2.

Stormwater Management Guide for Susceptible Businesses

Certain industries are susceptible to producing illicit discharges. A stormwater
management guide, tailored to these industries, will be produced and distributed to
appropriate businesses operating within the City (See Public Education minimum
measure).

Decision Process

The City of Newton does not know the location of regulated outfalls within their
jurisdictional area. Therefore, it is the goal of City leaders to identify these outfalls and
in turn identify, track and disconnect any illicit discharges to the MS4. In addition, the
public will be educated about illicit discharges and their impact on water quality in
Newton.

The illicit discharge detection and elimination process described previously is based on
EPA guidance and processes and procedures being used successfully in other
communities. The process allows for a timely and efficient gathering of information
within each watershed and provides documentation of potential discharges, facilities
cited and actions taken. The debriefing meetings held at the end of each drainage area
investigation allows for further refinement of the system.

These are three basic reasons why illicit connections have been made to the system.
These three reasons are discussed below.

1.The person responsible for the discharge is unaware that it is happening. For
example, a sanitary sewer leak.
2.The person responsible for the discharge is aware of the discharge, but is unaware
that it is unacceptable.
3.The person responsible for the discharge is aware that the discharge is occurring
and is aware that it is unacceptable.

The first two reasons for illicit discharges will be addressed through education efforts
and interagency cooperation. Regular inspections of each drainage area will also help
to reduce the number of connections. Generally, reduction in the number of discharges
associated with the third type listed above will only be reduced through aggressive
inspection and enforcement activities

16. Describe the post-construction stormwater program

Post-construction stormwater management is necessary because runoff from areas
undergoing development and redevelopment has significantly impacted receiving water
bodies. This impact typically occurs in two forms. The first impact is due to an
increase in the type and quantity of pollutants in stormwater runoff. As water flows
over these sites, it transports harmful contaminants such as oil and grease, pesticides,
heavy metals, and various nutrients, (e.g., nitrogen and phosphorous). These pollutants
become suspended in the runoff and are conveyed to receiving water bodies, such as
lakes and creeks.

The second post-construction runoff impact typically occurs as a result of increased
stormwater runoff rates and volume due to an increase in impervious surfaces. This
increase in runoff has not only been shown to interrupt the natural water balance of
percolation into the ground, but also impact the receiving water body through stream
bank scouring and downstream flooding.

The NPDES Phase II program required that the City of Newton address the following
requirements:

 Develop, implement and enforce a program to manage post-construction
discharges to the MSA from new development or redevelopment project that
disturb greater than or equal to one acre
 Develop and implement a combination of both structural and non-structural BMPs
 Create an ordinance or regulatory program that requires the use of post
construction runoff controls
 Ensure adequate long-term operation and maintenance of the controls

The post construction program developed by the City of Newton was in place on July 1,
2007.

Stormwater Management Options

The City of Newton’s post-construction program applies to all new development
projects that cumulatively disturb one acre or more, and to projects less than an acre
that are part of a larger common plan of development or sale. The program also applies
to all redevelopment projects that cumulatively disturb one acre or more and to projects
less than one acre that are part of a larger common part of development or sale. The
projects must apply for permit coverage as a low or high-density project.

Low Density Project

The City’s Stormwater Ordinance, which was based on the State’s Model Ordinance,
considers a project a low-density project if development or redevelopment had no more
than two dwelling units per acre or 24 percent built-upon area (BUA) for all residential
and non-residential development.

A project with an overall density at or below the relevant low-density threshold, but
containing areas with a density greater than the overall project density, may be
considered low density as long as the project meets or exceeds the post-construction
model practices for low-density projects and locates the higher density in upland areas
and away from surface waters and drainage ways to the maximum extent practicable.

High Density Project

The City’s Stormwater Ordinance, which was based on the State’s Model Ordinance,
considers a project a High-density project if the development or redevelopment exceeds
the low-density threshold for dwelling units per acre or built-upon area.

Operation and Maintenance

In order for the post-construction program to be successful, an operation and
maintenance component must be developed that ensures the long-term operation of
required structural BMPs. A requirement will be developed as part of the post-
construction ordinance that requires owners of permitted structural BMPs to submit an
annual maintenance inspection report on each structure. The requirement specifies that
the inspections must be conducted by qualified professionals and that the inspection
report must be signed and certified by the owner. Failure to comply with this
requirement will result in penalties adopted as part of the post-construction ordinance.

Control of Fecal Coliforms

Water polluted by human or animal waste can harbor numerous pathogens that may
threaten human health. Since routine tests for individual pathogens are not practical,
fecal coliform bacteria are widely used as an indicator of the potential presence of
disease-causing microorganisms. Fecal coli forms are bacteria typically associated with
the intestinal tract of warm-blooded animals and their number is generally assumed to
be correlated with the number of pathogens in a water sample. They enter surface
waters from a number of sources including failing on-site wastewater systems, broken
sewer lines, improperly treated discharges of domestic wastewater, improperly
designed or managed animal waste facilities, and wild animals.

Several general management strategies for addressing fecal coliform contamination
include:

 Maintenance and repair of sanitary sewer lines.
 Elimination of piped unpermitted discharges of home waste (also known as
"straight piping").
 Encouragement of local health departments to routinely monitor waters known to
be used for body contact recreation (e.g., swimming and tubing).

There are no water bodies impaired for fecal coli forms within the City of Newton.
However, septic tanks are used in the City outside of the service area of the wastewater
treatment plant. Within Catawba County, the Catawba County Environmental Health
Division is responsible for permitting new septic tanks within the County, and also for
issuing repair permits to repair or replace existing septic systems. The County also
performs regular well testing and has detected no problems with fecal contamination in
the groundwater.

The City of Newton is consistently searching for funding opportunities through grants
to connect more residents to the sanitary sewer system and reduce the need for septic
tank use. In addition, the City’s storm sewer overflow policy outlines policies and
procedures in the event of a sanitary sewer spill to minimize impacts.

Additional Requirements for SA Waters

There are no SA waters within the Catawba basin. Therefore, these requirements do
not apply to the City of Newton.

Additional Requirements for Trout Waters

There are no designated trout (Tr) waters within the Catawba Basin. Therefore, these
requirements do not apply to the City of Newton.

Additional Requirements for Nutrient Sensitive Waters

There are no Nutrient Sensitive Waters (NSW) within the Catawba basin. Therefore,
these requirements do not apply to the City of Newton.

Comprehensive Watershed Plans

The City of Newton plans to split the City into smaller management units (based on
drainage area). The areas will then be prioritized for investigation based on any
identified water quality impairments or heavily developing areas. The areas will then
be evaluated separately to determine the most effective BMPs (structural or non-
structural) to be implemented in each area based on the types of development occurring
and any water quality concerns.

According to the State’s 2006 303(d) list, Clark Creek is impaired in several areas
within Catawba County. The cause of impairment is listed as hydro-modification, and
the priority is low. The waters are affected by pollution and therefore TMDLS are not
appropriate. The potential source for the pollution is intentional channelization. The
City of Newton will recognize these concerns within each drainage area as needed.

Non-Structural BMPs

Non-structural BMPs are management measures that prevent degradation of water
resources at the source, rather than treating runoff that has already been polluted. Non-
structural practices can include a variety of site-specific and regional practices,
including street sweeping, illicit connection location and elimination, public education
and outreach, land use modifications to minimize the amount of impervious surface
area, waste collection, and proper materials storage. While non-structural practices
play an invaluable role in protecting surface waters, they are not as easily quantified as
structural BMPs.

Policies and Ordinances

The City of Newton has been and will continue to explore the possibility of
implementing a buffer ordinance.

Policies and Ordinances to Encourage Infill Development and Redevelopment

The City of Newton currently uses its zoning and subdivision ordinances as well as its
utility extension policy to influence where development occurs. It is anticipated that the
City will review its ordinances and policies to determine their effectiveness in
encouraging infill development and redevelopment; and will adjust or amend them to
more adequately address stormwater control issues related to development.

Education Programs

An important piece in the post-construction program is training for developers. Since
they will be the affected by the these new post-construction regulations, it is imperative
that have a good understanding of what will be required as a result of the post-
construction ordinance.

Structural BMPs

Structural BMPs are physical structures designed to remove pollutants from stormwater
runoff, reduce downstream erosion, provide flood control, and promote groundwater
recharge. Structural BMPs differ from non-structural BMPs in that they include
engineering design and construction.
It is anticipated that BMPs will include wet detention ponds, wet extended detention
ponds, stormwater wetlands, shallow wetlands, pond/wetland systems, bio-retention
areas, sand filters, infiltration trenches, and enhanced dry swales. The City adopted the
State’s BMP Manual for developers to use in the creation of a stormwater management
plan for their site. The City will make revisions to this document as necessary to suit
the city’s unique development needs.

Natural Resource Protection

The City of Newton through its ordinances and development processes encourages the
protection of streams, rivers, and other water bodies; natural areas; flood plain;
wetlands; and other natural resources. The City will continue to make strides to
increase its level of protection of natural resources as opportunities presents
themselves.

Open Space Protection

The City of Newton through its ordinances and development processes requires the
dedication of open space. Where and when the dedication of open space is not feasible
or practical, the City’s ordinances contain provisions to allow for fees to be paid in lieu
of land dedication. These fees may be used to acquire open space within the City.

Tree Preservation

The City of Newton does require the planting of trees and shrubs within parking lots
and required landscaped areas within developments. In addition the City requires that
developers plant street trees along new streets within subdivisions.

Mixed-Use Development

The City of Newton through its Zoning Ordinance allows for the creation of mixed-use
development. In addition to the City’s commercial, office, and institutional zoning
districts which allows residential uses as permitted uses by right; the City also has a
mixed-use planned development zoning district. These provisions in the zoning
ordinance offer developers flexibility in being able to create mixed-use developments.

Minimizing Stormwater from Parking Lots

The City of Newton’s Zoning Ordinance requires that parking lots include landscaping
which includes trees and shrubs. These landscaped areas can reduce the environmental
impact of by providing shade and, if properly placed, will create natural barriers
between pedestrians and cars.

Green Infrastructure Practices

The City of Newton will consider implementing measures and practices that will
encourage the use of green infrastructure. Green infrastructure approaches have been
proven to be more effective and cost efficient than conventional stormwater
management practice in many instances and provide other substantial community
benefits. The City will look at practices that are in place that discourages or prohibits
the use of green infrastructure. The City will explore the possibility of creating
opportunities for developers to meet stormwater requirements in other ways, such as
off-site stormwater management within the same drainage basin or “fee in lieu” of
programs for situations where on-site stormwater management is not the most effective
solution.

Regulatory Mechanism

The City of Newton adopted ordinance to address post-construction runoff that became
effective July 1, 2007. The ordinance includes requirements for low and high density
projects, operations and maintenance requirements, and structural and non-structural
BMP requirements.

Operation and Maintenance of BMPs

Long-term maintenance of BMPs is essential for program success. Therefore, the City
of Newton, as part of the post-construction ordinance, includes provisions for long-term
operation and maintenance plan for BMPs.

Decision Process

NPDES Phase II requirements necessitated the development of a post-construction
stormwater management program for the City of Newton. The City adopted a post-
construction ordinance which became effective July 1, 2007.

An important part of this program will be training, both for City staff and for
developers. Since these regulations are new and many have had no experience with
them, training will be needed to ensure that all individuals affected by the new
regulations have had sufficient training.

17. Describe practices to inspect and maintain municipally-owned facilities

The final minimum measure required by the NPDES Phase II program involves the
examination and possible alteration of municipal operations for good housekeeping and
pollution prevention measures. This measure requires that municipalities evaluate their
actions to ensure a reduction in the amount and type of pollution that accumulates on
streets, parking lots, open spaces, and storage and vehicle maintenance areas that
discharge into local water bodies. In addition, this measure requires an evaluation of
results from land development actions that may contributes to pollutants in stormwater
runoff. The primary intent of the EPA with this measure is to improve and protect
water quality by altering the performance of municipal operations. However, the EPA
also feels that this measure could also result in increased cost savings for municipalities
through proper and timely maintenance of storm sewer systems.

To comply with this control measure, the City will be required to address the following
requirements:

 Develop an operation and maintenance program with the objective of preventing
or reducing pollutant runoff from municipal operations into the City’s storm
sewer system

 Include training of City operations personnel on how to incorporate pollution
prevention/good housekeeping techniques into City operations. This could
include park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and stormwater system maintenance.

18. Describe practices to inspect and maintain structural stormwater control
devices

The City of Newton does not currently have a formal program to clean storm sewer
inlet structures or pipes. The portion of the conveyance system that is maintained is
within the City’s right-of-way. Currently, the infrastructure is maintained by the City’s
Street Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out,
ditch maintenance, catch basin repairs and clean out, and headwall maintenance.

19. Describe practices to reduce polluted stormwater runoff from municipally-
owned streets, roads, and public parking lots, piped and vegetative
conveyances, manholes, cleanouts, drop inlets, and drainage structures.

Maintenance Facilities

The City currently recycles used motor oil and antifreeze from City fleet vehicles.
Used batteries are exchanged with a local vendor, tires are recycled and shredded at the
landfill, and other recyclables (plastic, cardboard, and paper) are collected by the City.
A vehicle wash facility located at the Public Works maintenance facility eliminates
wash water entering the storm drain system. Barrels are clearly marked and materials
such as paint are stored in their own separate location. Salt and sand piles are covered,
and fueling stations are covered as well. These measures all indicate that the City of
Newton has been proactive in adopting policies and practices for municipal operations
that benefit water quality in the community.

Street Sweeping and Washing

The goal of the City of Newton’s street sweeping program is to address both aesthetic
and water quality issues. The goal is accomplished by distributing various levels of
service throughout the business and neighborhood community areas. The street-
sweeper also has an attachment to clean catch basins that can be utilized if needed.
Streets are washed as necessary to remove dirt and debris.

Street sweepings that are collected (grass and leaves) are taken to the landfill along
with other street litter. Wastes or fluid leaks from accidents or spills are picked up by
disposal companies that specialize in that type of waste collection. On the days that the
sweepers finish after the landfill closes, the sweepings that have been collected are
either stored in a concrete bin at the maintenance facility or are left in the sweeper. No
sweepings or any other type of wastes are stored on the ground at any time.

20. Describe any training programs for municipal staff.

The City must administer a training program its staff regarding the importance of
stormwater pollution prevention and good housekeeping. The Environmental
Protection Agency (EPA) recommends training for staff members who deal with parks
and open space, the fleet maintenance center, new construction and MS4 maintenance.
Group programs will be presented to City staff members regarding good housekeeping
practices and procedures. In addition, resources and materials from the EPA and North
Carolina Department of Environment and Natural Resources will be used where
appropriate for training.

21. Describe spill response procedures for those at Municipally Owned and/or
Operated Facilities as well as those in the public right-of-way.

The City of Newton Fire Department is the first respondent to a hazardous materials
spill. All Fire Department staff members are trained to the Operations level for spill
response. The Department’s policy states that any spill over 5 gallons must be reported
to the Catawba County Emergency Management Team, which has a mobile response
unit that is kept at various fire stations throughout the County. The Catawba County
Emergency Management Team is backed up by the Regional Response Team, located
in Thomasville. Since most spills are due to roadway accidents, hazardous materials
commonly end up in the storm sewer system. The Department is responsible for
keeping the material from spreading to additional areas or to nearby storm drains. The
Fire Department owns a truck will booms, bails, and absorbents, which can be used for
the plugging and dyking of leaks. All of these measures help ensure that hazardous
materials do not infiltrate the storm drainage systems in the City.

Small spills of less than five gallons are addressed by on-site personnel using absorbent
material which is stored at convent with in proximity of areas where spills are most
likely to occur.

MS4 Inspection Report
Newton, NC: NPDES Permit No. NCS000397

Inspection Date: December 11, 2018 Appendix A

Supporting Document 2
City of Newton Phase II Stormwater Ordinance
(Chapter 87 of City Code)

Chapter 87 - STORMWATER
ARTICLE I. - IN GENERAL
Sec. 87-1. - Title.
This chapter may be referred to and cited as the "Newton Stormwater Ordinance." It is referred to
herein as "this chapter."
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-2. - Authority.
The Newton City Council is authorized to adopt this chapter pursuant to North Carolina law, including
but not limited to Article 14, Section 5 of the Constitution of North Carolina; The Charter of the City of
Newton; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session Law 2004-163; Chapter 160A, § 174, 185, Chapter 113A,
Article 4 (Sedimentation Pollution Control); Article 21, Part 6 (Floodway Regulation); Chapter 160A,
Article 19 (Planning and Regulation of Development); and Chapter 153A, Article 18.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-3. - Findings.
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and
alterations in hydrology that are harmful to public health and safety as well as to the natural environment;
and
These effects can be managed and minimized by applying proper design and well -planned controls
to manage stormwater runoff from development and redevelopment sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to Federal Phase II requirements, compel certain
urbanized areas, including the City of Newton, to adopt minimum stormwater controls such as those
included in this chapter.
Therefore, the Newton City Council establishes this set of water quality and quantity regulations to
meet the requirements of state and federal law regarding control of stormwater runoff and discharge.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-4. - Purpose.
(a) General. The purpose of this chapter is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post-development stormwater runoff and non-point and point source
pollution associated with new development and redevelopment. It has been determined that proper
management of construction-related and post-development stormwater runoff will minimize damage
to public and private property and infrastructure; safeguard the public health, safety, and general
welfare; and protect water and aquatic resources.
(b) Specific. This chapter seeks to meet its general purpose through the following specific objectives and
means:
(1) Establishing decision-making processes for development that protect the integrity of watersheds
and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the pre-development hydrologic
response in their post-development state as nearly as practicable for the applicable design
storm to reduce flooding, streambank erosion, non-point and point source pollution and
increases in stream temperature, and to maintain the integrity of stream channels and aquatic
habitats;
(3) Establishing minimum post-development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structural
stormwater best management practices (BMPs) that may be used to meet the minimum post -
development stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and
other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the subm ission, review, approval and disapproval of
stormwater management plans, for the inspection of appr oved projects, and to assure
appropriate long-term maintenance.
(8) Coordinating site design plans that include open space and natural areas with applicabl e land
development plans which have been adopted by the Newton City Council.
(9) Controlling illicit discharges into the municipal separate stormwater system.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-5. - Applicability and jurisdiction.
(a) General. Beginning with and subsequent to its effective date, this chapter shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt pursuant to subsection (b) of this section,
exemptions.
(b) Exemptions.
Development that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this chapter.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this chapter.
Development and redevelopment that disturb less than one acre are not exempt if such
activities are part of a larger common plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provi sions
of this chapter.
(c) No development or redevelopment until compliance and permit. No development or redevelopment
shall occur except in compliance with the provisions of this chapter or unless exempted. No
development for which a permit is required pursuant to this chapter shall occur except in compliance
with the provisions, conditions, and limitations of the permit.
(d) Map. The provisions of this chapter shall apply within the areas designated on the map titled "Phase
II Stormwater Map of City of Newton, North Carolina" ("the stormwater map"), which is adopted
simultaneously herewith. The stormwater map and all explanatory matter contained thereon
accompanies and hereby made a part of this chapter.
The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take
into account changes in the land area covered by this chapter and the geographic location of all structural
BMPs permitted under this chapter. In the event of a dispute, the applicability of this chapte r to a
particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North
Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-6. - Interpretation.
(a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this chapter shall
be construed according to the general and specific purposes set forth in section 86 -4, purpose. If a
different or more specific meaning is given for a term defined elsewhere in City of Newton, the
meaning and application of the term in this chapter shall control for purposes of application of this
chapter.
(b) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this
chapter and any heading, caption, figure, illustration, table, or map, the text shall control.
(c) Authority for interpretation. The stormwater administrator has authority to determine the
interpretation of this chapter. Any person may request an interpretation by submitting a written
request to the stormwater administrator, who shall respond in writing within 30 days. The stormwater
administrator shall keep on file a record of all written interpretations of this chapter.
(d) References to statutes, regulations, and documents. Whenever reference is made to a resolution,
ordinance, statute, regulation, manual (including the design manual), or document, it shall be
construed as a reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
(e) Computation of time. The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadlin e or required date of action falls on a Saturday, Sunday or
holiday observed by the City of Newton, the deadline o r required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the City of Newton. References to days a re
calendar days unless otherwise stated.
(f) Delegation of authority. Any act authorized by this chapter to be carried out by the Stormwater
Administrator of City of Newton may be carried out by his or her designee.
(g) Usage.
(1) Mandatory and discretionary terms. The words "shall", "must", and "will" are mandatory in
nature, establishing an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted
as follows: The word "and" indicates that all connected items, conditions, provisions and events
apply. The word "or" indicates that one or more of the connected items, conditions, provisions or
events apply.
(3) Tense, plurals, and gender. Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage c learly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
(h) Measurement and computation. Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or size.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-7. - Definitions.
When used in this chapter, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this chapter specifically indicate otherwise.
Built-upon area (BUA) means a portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as
roads, parking lots, and paths; and recreation facilities such as tennis cour ts. "Built-upon area" does not
include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate through
the paving material.
Department means the North Carolina Department of Environment and Natural Resources.
Design manual means the stormwater design manual approved for use in Phase II jurisdictions by
the department for the proper implementation of the requirements of the federal Phase II stormwater
program. All references herein to the design manual are to the latest published edition or revision.
Development means any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division means the division of water quality in the department.
High-density project means any project that exceeds the low-density threshold for dwelling units per
acre or built-upon area.
Larger common plan of development or sale means any area where multiple separate and distinct
construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece
of documentation (including but not limited to a sign, public notice or hea ring, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low-density project means a project is considered a low-density project if it has no more than two
dwelling units per acre or 24 percent built-upon area (BUA) for all residential and non-residential
development.
A project with an overall density at or below the relevant low-density threshold, but containing areas
with a density greater than the overall project density, may be considered low density as long as the
project meets or exceeds the post-construction model practices for low-density projects and locates the
higher density in upland areas and away from surface waters and drainageways to the maximum extent
practicable.
1-Year, 24-Hour Storm means the surface runoff resulting from a 24-hour rainfall of an intensity
expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner means the legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person
or entity holding proprietary rights in the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property. A secured lender not in possession of the property does not constitute an
owner, unless the secured lender is included within t he meaning of "owner" under another description in
this definition, such as a management entity.
Redevelopment means any development on previously-developed land, other than a rebuilding
activity that results in no net increase in built-upon area and provides equal or greater stormwater control
than the previous development.
Structural BMP means a physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the predevelopment hydrology on a developed site; or to achieve any combination of these
goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices,
filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is
synonymous with "structural practice," "stormwater control facility," "stormwater control practice,"
"stormwater treatment practice," "stormwater management practice," "stormwate r control measures,"
"structural stormwater treatment systems," and similar terms used in this chapter.
Substantial progress means for the purposes of determining whether sufficient progress has been
made on an approved plan, one or more of the following construction activities toward the completion of a
site or subdivision plan shall occur: obtaining a soil erosion permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on-
site infrastructure; or obtaining a building permit for the construction and approval of a building
foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void
is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to
applicable law.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-8. - Design manual.
(a) Reference to design manual. The stormwater administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the design manual as the basis for
decisions about stormwater permits and about the design, implementation and performance of
structural and nonstructural stormwater BMPs.
The design manual includes a list of acceptable stormwater treatment practices, including specific design
criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and
maintained in accordance with these design and sizing criteria will be presum ed to meet the minimum
water quality performance standards of the Phase II laws.
(b) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the
design manual are more restrictive or apply a higher standard than other laws or regulations, that
fact shall not prevent application of the specifications or guidelines in the design manual.
(c) Changes to standards and specifications. If the standards, specifications, guidelines, policies,
criteria, or other information in the design manual are amended subsequent to the submittal of an
application for approval pursuant to this chapter but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this cha pter with regard
to the application.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-9. - Relationship to other laws, regulations and private agreements.
(a) Conflict of laws. This chapter is not intended to modify or repeal any other ordinance, rule, regula tion
or other provision of law. The requirements of this chapter are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law. Where any provision of this chapter
imposes restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare shall control.
(b) Private agreements. This chapter is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this chapter are more restrictive or
impose higher standards or requirements than such an easement, covenant, or other private
agreement, the requirements of this chapter shall govern. Nothing in this chapter shall modify or
repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize
any failure to comply with this chapter. In no case shall Newton City Council be obligated to enforce
the provisions of any easements, covenants, or agreements between private parties.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-10. - Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be
adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this chapter.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-11. - Effective date and transitional provisions,
(a) Effective date. This chapter shall take effect on July 1, 2007.
(b) Final approvals, complete applications. All development and redevelopment projects for which
complete and full applications were submitted and approved by the City of Newton prior to the
effective date of this chapter and which remain valid, unexpired, unrevoked and not otherwise
terminated at the time of development or redevelopment shall be exempt from complying with all
provisions of this chapter dealing with the control and/or management of post-construction runoff, but
shall be required to comply with all other applicable provisions, includi ng but not limited to illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the effective data of this chapter if it has
been approved by all necessary government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of use for a specific parcel or
parcels, including at a minimum, the boundaries of the project and a subdivision plan that has
been approved.
(2) For any subsequent phase of development, sufficient detail so that implement ation of the
requirements of this chapter to that phase of development would require a material change in
that phase of the plan.
(c) Violations continue. Any violation of provisions existing on the effective date of this chapter shall
continue to be a violation under this chapter and be subject to penalties and enforcement under this
chapter unless the use, development, construction, or other activity complies with the provisio ns of
this chapter.
(Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE II. - ADMINISTRATION AND PROCEDURES
Sec. 87-12. - Review and decision-making entities.
(a) Stormwater administrator.
(1) Designation. The stormwater administrator shall be the planning director or his designee.
(2) Powers and duties. In addition to the powers and duties that may be conferred by other
provisions of the City of Newton City Code and other laws, the stormwater administrator shall
have the following powers and duties under this chapter:
a. To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this chapter.
b. To make determinations and render interpretations of this chapter.
c. To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the City of Newton City
Council on applications for development or redevelopment approvals.
d. To enforce the provisions of this chapter in accordance with its enforcement position.
e. To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this chapter.
f. To provide expertise and technical assistance to the City of Newton City Council and
Planning Commission, who serves as the stormwater advisory board, upon request.
g. To designate appropriate other person (s) who shall carry out the powers and duties of the
stormwater administrator.
h. To take any other action necessary to administer the provisions of this chapt er.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-13. - Review procedures.
(a) Permit required; must apply for permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this chapter. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
(b) Effect of permit. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs and element s
of site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval and inspection of the approach to
be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of this chapter, whether the approach consists of structural BMPs or
other techniques such as low-impact or low-density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after project construction is assured by
the maintenance provisions of this chapter.
(c) Authority to file applications. All applications required pursuant to this Code shall be submitted to the
stormwater administrator by the land owner or the land owner's duly authorized agent.
(d) Establishment of application requirements, schedule, and fees.
(1) Application contents and form. The stormwater administrator shall establish requirements for
the content and form of all applications and shall amend and update those requirements from
time to time, which shall be reviewed and approved by the stormwater advisory board. At a
minimum, the stormwater permit application shall describe in detail how post -development
stormwater runoff will be controlled and managed, the design of all stormwater facilities and
practices, and how the proposed project will meet the requirements of this chapter.
(2) Submission schedule. The stormwater administrator shall establish a submission schedule for
applications, which shall be reviewed and approved by the stormwater advisory board. The
schedule shall establish deadlines by which complete applications must be submitted for the
purpose of ensuring that there is adequate time to review application s; and that the various
stages in the review process are accommodated.
(3) Permit review fees. The City of Newton City Council shall establish permit review fees in the
schedule of fees and charges adopted annually by the city council. In addition they s hould
establish policies regarding refund of any fees upon withdrawal of an application, and may
amend the policies from time to time.
(e) Submittal of complete application. Applications shall be submitted to the stormwater administrator
pursuant to the application submittal schedule in the form established by the stormwater
administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a com plete
application pursuant to this chapter, along with the appropriate fee. If the stormwater administrator finds
that an application is incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to subm it a complete application. However, the submittal of an incomplete
application shall not suffice to meet a deadline contained in the submission schedule established above.
(f) Review. The stormwater administrator shall review the application and determin e whether the
application complies with the standards of this chapter.
(1) Approval. If the stormwater administrator finds that the application complies with the standards
of this chapter, the stormwater administrator shall approve the application. The s tormwater
administrator may impose conditions of approval as needed to ensure compliance with this
chapter. The condition shall be included as part of the approval.
(2) Fails to comply. If the stormwater administrator finds that the application fails to comply with the
standards of this chapter, the stormwater administrator shall notify the applicant and shall
indicate how the application fails to comply. The applicant shall have an opportunity to submit a
revised application.
(3) Revision and subsequent review. A complete revised application shall be reviewed by the
stormwater administrator after its re-submittal and shall be approved, approved with conditions
or disapproved.
If a revised application is not re-submitted within 30 calendar days from the date the applicant
was notified, the application shall be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the appropriate fee for a new
submittal.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-14. - Applications for approval.
(a) Concept plan and consultation meeting. Before a stormwater management permit application is
deemed complete, the stormwater administrator or developer may request a consultation on a
concept plan for the post-construction stormwater management system to be utilized in the proposed
development project. This consultation meeting should take place at the time of the preliminary pl an
of subdivision or other early step in the development process. The purpose of this meeting is to
discuss the post-construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Local
watershed plans and other relevant resource protection plans, such as but not limited to land
development plans, small area plans and park and open space plans should be consulted in the
discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan, which should
be submitted in advance of the meeting:
(1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minim um existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of
existing predominant vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious surfaces.
(2) Natural resources inventory. A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This descript ion should
include a discussion of soil conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as we ll as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and
other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention
should be paid to environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
(3) Stormwater management system concept plan. A written or graphic concept plan of the
proposed post-development stormwater management system including: preliminary selection
and location of proposed structural stormwater controls; low-impact design elements; location of
existing and proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of any proposed stream channel
modifications, such as bridge or culvert crossings.
(b) Stormwater management permit application. The stormwater management permit application shall
detail how post-development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this chapter, including article II, standards. All s uch
plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soi l
scientist, or landscape architect, and the engineer, surveyor, soil scientist, or landscape architect
shall perform services only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to comply with applicable standards and
policies found in the design manual, and that the designs and plans ensure compliance with this
chapter.
The submittal shall include all of the information required in the submittal checklist established by the
stormwater administrator. Incomplete submittals shall be trea ted pursuant to section 73-12(e).
(c) As-built plans and final approval. Upon completion of a project, and before a certificate of occupancy
shall be granted, the applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual "as built" plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management fa cilities and practices
and the field location, size, depth, and planted vegetation of all measures, contro ls, and devices, as
installed. The designer of the stormwater management measures and plans shall certify, under seal, that
the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this chapter. A final inspection and approval
by the stormwater administrator shall occur before the release of any performance securities.
(d) Other permits. No certificate of compliance or occupancy shall be issued by the ci ty or the county
building inspections department without final as-built plans and a final inspection and approval by the
stormwater administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the city may elect to withhold a percentage of permits or certificates of
occupancy until as-built plans are submitted and final inspection and approval has occurr ed.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-15. - Approvals.
(a) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
(b) Time limit/expiration. An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The stormwater
administrator may grant a single, one-year extension of this time limit, for good cause shown, upon
receiving a written request from the applicant before the expiration of the approved plan.
In granting an extension, the stormwater administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant's vested rights.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-16. - Appeals.
(a) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this chapter made by the stormwater administrator, may
file an appeal to the Newton Board of Adjustment within 30 days.
(b) Filing of appeal and procedures. Appeals shall be taken within the specified time period by filing a
notice of appeal and specifying the grounds for appeal on forms provided by City of Newton. The
stormwater administrator shall transmit to the Newton Board of Adjustment all documents
constituting the record on which the decision appealed from was taken.
The hearing conducted by the Newton Board of Adjustment shall be conducted in the nature of a quasi-
judicial proceeding with all findings of fact supported by competent, material evidence.
(c) Review by superior court. Every decision of the Newton City Council shall be subject to superior
court review by proceedings in the nature of certiorari. Petition for review by the superior court shall
be filed with the clerk of superior court within 30 days after the latter of the following:
(1) The decision of the Newton City Council is filed: or
(2) A written copy of the decision is delivered to every aggrieved party who has filed a written
request for such copy with the city clerk at the time of its hearing of the case.
(Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE III. - STANDARDS
Sec. 87-17. - General standards.
All development and redevelopment to which this chapter applies shall comply with the standards of
this section.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-18. - Development standards for low-density projects.
Low-density projects shall comply with teach of the following standards:
(a) Stormwater runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable.
(b) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be deemed present if the feature
is approximately shown on either the most recent version of the soil survey map prepared by
the Natural Resources Conservation Service of the United States Department of Agriculture
(USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic
maps prepared by the United States Geologic Survey (USGS). An exception to this requirement
may be allowed when surface waters are not present in accordance with the provisions of 15A
NCAC 2B .0233 (3) (a) or similar site-specific determination made using division-approved
methodology.
(c) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure
that future development and redevelopment maintains the site consistent with the approved
project plans.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-19. - Development standards for high-density projects.
High-density projects shall implement stormwater control measures that comply with each of the
following standards:
(a) The measures shall control and treat runoff from the first inch of rain. Runoff volume drawdown
time shall be a minimum of 48 hours, but not more than 120 hours.
(b) High-density projects must discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm.
(c) All structural stormwater treatment systems used to meet these requirements shall be designed
to have a minimum of 85% average annual removal or total suspended solids (TSS);
(d) General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H.1008 (c), as explained in the design manual;
(e) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A surface water shall be deemed present if the feature is approximately shown
on either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may be allowed when
surface waters are not present in accordance with the provisions of 15A N CAC 2B .0233 (3) (a)
or similar site-specific determination made using division-approved methodology.
(f) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure
that future development and redevelopment maintains the site consistent with the approved
project plans.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-20. - Standards for stormwater control measures.
(a) Evaluation according to contents of design manual. All stormwater control measures and stormwater
treatment practices (also referred to as best management practices, or BMPs) required under this
chapter shall be evaluated by the stormwater administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design criteria for each
stormwater practice, in the design manual. The stormwater administrator shall determine whether
proposed BMPs will be adequate to meet the requirements of this chapter.
(b) Determination of adequacy: presumptions and alternatives. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with the criteria and specifications in the
design manual will be presumed to meet the minimum water quality and quantity performance
standards of this chapter. Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and specifications in the design manual, the
applicant shall have the burden of demonstrating that the practice (s) will satisfy the minimum wate r
quality and quantity performance standards of this chapter. The stormwate r administrator may
require the applicant to provide the documentation, calculations, and examples necessary for the
stormwater administrator to determine whether such an affirmative showing is made.
(c) Separation from seasonal high water table. For BMPs that require a separation from the seasonal
high-water table, the separaton shall be provided by at least 12 inches of naturally occurring soil
above the seasonal high-water table.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-21. - Dedication of BMPs, facilities and improvements.
The City of Newton may accept dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements of this chapter and includes adequate
and perpetual access and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-22. - Variances.
(a) Any person may petition the Newton Board of Adjustment for a variance granting permission to use
the person's land in a manner otherwise prohibited by this chapter. To quality for a variance, the
petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this chapter.
(2) The hardships result from conditions that are peculiar to the property, such as the location, size,
or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this chap ter; will
secure public safety and welfare; and will preserve substantial justice.
(b) The Newton Board of Adjustment may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(c) Statutory exceptions. Notwithstanding subdivision (a) of this section, exceptions from the 30-foot
landward location of built-upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad cros sing, bridge,
airport facility, or utility crossing as long as it is located, designed, constructed, and maintained
to minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facilit y; a
stormwater management pond; or a utility, including, but limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located 15 feet landward of all perennial
and intermittent surface waters and as long as it is located, d esigned, constructed, and
maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion
and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extend practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential
for a reduction in size, configuration, or density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a manner which would
avoid or result in less adverse impact to surface waters.
(Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE IV. - MAINTENANCE
Sec. 87-23. - General standards for maintenance.
(a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this chapter
shall maintain and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural BMP was designed.
(b) Annual maintenance inspection and report. The owner of any structural BMP installed pursuant to
this chapter shall submit to the stormwater administrator an annual inspection report from one of the
following persons performing services only in their area of competence: A qualified registered North
Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or
person certified by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the following:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in compliance
with the terms and conditions of the approved maintenance agreement required by this chapter;
and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection
report shall be provided to the stormwater administrator beginning one year from the date of as-built
certification and each year thereafter on or before the date of the as -built certification.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-24. - Operation and maintenance agreement.
(a) In general. Prior to the conveyance or transfer of any lot or building site to be served by a structural
BMP pursuant to this chapter, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this chapter, the applica nt or owner of the site must execute
an operation and maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BMP. Until the transference of all
property, sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, rep air and, if
necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to City of Newton a right of entry in the
event that the stormwater administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of
itself, confer an obligation on City of Newton to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the stormwater administrator prior to
plan approval, and it shall be referenced on the final plat and sha ll be recorded with the county register of
deeds upon final plat approval. A copy of the recorded maintenance agreement shall be recorded at the
same time as the Final Plat by the City of Newton.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required
pursuant to this chapter and that are to be or are owned and maintained by a homeowners'
association, property owners' association, or similar entity, the required operation and maintenance
agreement shall include all of the following provisions:
(1) Acknowledgement that the association shall continuously operate and maintain the stormwater
control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the structural
BMPs. If structural BMPs are not performing adequately or as intended or are not properly
maintained, the City of Newton, in its sole discretion, may remedy th e situation, and in such
instances the City of Newton shall be fully reimbursed from the escrow account. Escrowed
funds may be spent by the association and its members for sediment removal, structural,
biological or vegetative replacement, major repair, and reconstruction of the structural BMPs,
provided that the City of Newton shall first consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the escrow account. Prior to
plat recordation or issuance of construction permits, whichever shall first occur, the developer
shall pay into the escrow account an amount equal to 15 percent of the initial construction cost
of the structural BMPs. Two-thirds of the total amount of sinking fund budget shall be deposited
into the escrow account within the first five years and the full amount shall be deposited within
ten years following initial construction of the structural BMPs. Funds shall be deposited each
year into the escrow account. A portion of the annual assessments of th e association shall
include an allocation into the escrow account. Any funds drawn do wn from the escrow account
shall be replaced in accordance with the schedule of anticipated work used to create the sinking
fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow account may be
varied by the City of Newton depending on the design and materials of the stormwater control
and management facility.
(5) Granting to the City of Newton a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
(6) Allowing the City of Newton to recover from the association and its members any and all costs
the City of Newton expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Newton all of its expended costs, after 45
days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City
of Newton shall thereafter be entitled to bring an action against the association and its members
to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or
both. Interest, collection costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the City of Newton to maintain or repair any
structural BMPs, and the City of Newton shall not be liable to any person for the condition or
operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restric t the right of the
City of Newton to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the City of Newton for any costs and injuries
arising from or related to the structural BMP, unless the City of Newton has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of any and all
rights necessary to carry out that maintenance.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-25. - Inspection program.
Inspections and inspection programs by City of Newton may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may i nclude, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and material or water
in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the stormwater
administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the stormwater administrator while carrying
out his or her official duties.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-26. - Performance security for installation and maintenance.
(a) Shall be required. The City of Newton shall, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior
to issuance of a permit in order to ensure that the structural BMPS are:
(1) Installed by the permit holder as required by the approved stormwater management plan; and/or
(2) Maintained by the owner as required by the operation and maintenance agreement amount.
a. Installation. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25 percent.
b. Maintenance. The amount of a maintenance performance security shall be the present
value of an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BMPs approved under the permit, at
a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable
estimate of long-term inflation.
(b) Uses of performance security.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to initiate or maintain any
actions which may be required of the applicant or owner in accordance with this chapter,
approvals issued pursuant to this chapter, or an operation and maintenance agreement
established pursuant to this chapter.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct
any structural BMP in accordance with the applicable permit o r operation and maintenance
agreement, the stormwater administrator shall obtain and use all or any portion of the security to
make necessary improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation performance security, the
City of Newton shall not return any of the unused deposited cash funds or other security, which
shall be retained for maintenance.
(3) Costs in excess of performance security. If City of Newton takes action upon such failure by the
applicant or owner, the City of Newton may collect from the applicant or owner the difference
between the amount of the reasonable cost of such action and the amount of the security held,
in addition to any other penalties or damages due.
(4) Refund. Within 60 days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus 25
percent) of landscaping installation and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be inspected one year after installation with
replacement for compliance with the approved plans and specifications and, if in compliance,
the portion of the financial security attributable to landscaping shall be released.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-27. - Notice to owners.
(a) Deed recordation and indications on plat. The applicable operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance, whichever is
applicable is applicable to every structural BMP shall be referenced on the final plat and shall be
recorded with the county register of deeds upon final plat approval. If no subdivision plat is recorded
for the site, then the operations and maintenance agreement, conservation easement, or dedication
and acceptance into public maintenance, whichever is applicable shall be recorded with the county
register of deeds so as to appear in the chain of title of all subsequent purchasers under generally
accepted searching principles.
(b) Signage. To assure compliance with this chapter, structural BMPs shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual inspection. The
owner of the BMPs is to maintain the signage to insure visibility and legibility.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-28. - Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least five years from the date of creation of the record and shall submit the same upon request to the
stormwater administrator.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-29. - Nuisance.
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as
not to create or result in a nuisance condition.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-30. - Maintenance easement.
Every structural BMP installed pursuant to this chapter shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes.
(Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE V. - ENFORCEMENT AND VIOLATIONS
Sec. 87-31. - General.
(a) Authority to enforce. The provisions of this chapter shall be enforced by the stormwater
administrator, his or her designee, or any authorized agent of City of Newton. Whenever this section
refers to the stormwater administrator, it includes his or her designee as well as any authorized
agent of the City of Newton.
(b) Violation unlawful. Any failure to comply with an applicable requirement, prohibiti on, standard, or
limitation imposed by this chapter, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this chapter, is unlawful and shall
constitute a violation of this chapter.
(c) Each day a separate offense. Each day that a violation continues shall constitute a separate offense.
(d) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether
actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure,
BMP, practice, or condition in violation of this chapter shall be subject to the remedies, penalties,
and/or enforcement actions in accordance with this section. Persons subject to the remedies and
penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency,
or any other person who participates in, assists, directs, creates, causes, or maintains a condition
that results in or constitutes a violation of this chapter, or fails to take appropriate action, so that a
violation of this chapter results or persist; or an owner, any tenant or occupant, or any other person
who has control over, or responsibility for, the use or development of the property on which the
violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited to:
(1) Person maintaining condition resulting in or constituting violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to
take appropriate action, so that a violation of this chapter results or persists.
(2) Responsibility for land or use of land. The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person, who has control
over, or responsibility for, the use, development or redevelopment of the property.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-32. - Remedies and penalties.
The remedies and penalties provided for violations of this chapter, whether civil or c riminal, shall be
cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(1) Remedies.
a. Withholding of certificate of occupancy. The stormwater administrator or other authorized
agent may refuse to issue a permanent certificate of occupancy for the building or other
improvements constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the violations described
therein.
(2) Disapproval of subsequent permits and development approvals. As long as a violation of
this chapter continues and remains uncorrected, the stormwater administrator o r other
authorized agent may withhold, and the City of Newton and its boards and commissions
may disapprove, any request for permit or development approval.
(3) Injunction, abatements, etc. The stormwater administrator, with the written authorization of t he
city manager, may institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this chapter. Any person
violating this chapter shall be subject to the full range of equitable remedies provided in the
General Statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety and is within the geographic limit s prescribed by
North Carolina G.S. § 160A-193, the stormwater administrator, with the written authorization of
the city manager, may cause the violation to be corrected and the costs to be assessed as a
lien against the property.
(5) Stop work order. The stormwater administrator may issue a stop work order to the person(s)
violating this chapter. The stop work order shall remain in effect until the person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or modified to enable the
person to take the necessary remedial measures to cure such violation or violations.
(b) Civil penalties. Violation of this chapter may subject the violator to a civil penalty to be recovered in a
civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice
of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the
full amount of penalty to which City of Newton is subject for violations of its Phase II stormwater
permit.
(c) Criminal penalties. Violation of this chapter may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-33. - Procedures.
(a) Initiation/complaint. Whenever a violation of this chapter occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged violat ion and the
basis thereof, and shall be filed with the stormwater administrator, who shall record the complaint.
The complaint shall be investigated promptly by the stormwater administrator.
(b) Inspection. The stormwater administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with
this chapter.
(c) Notice of violation and order to correct. When the stormwater administrator finds that any building,
structure, or land is in violation of this chapter, the stormwater administrator shall notify, in writing,
the property owner or other person violating this chapter. The notification shall indicate the nature of
the violation, contain the address or other description of the site upon which the violation is
occurring, order the necessary action to abate the violation, and give a deadline for correcting the
violation. If civil penalties are to be assessed, the notice of violation shall also contain a statem ent of
the civil penalties to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The stormwater administrator may deliver the notice of violation and correction order personally, by t he
(name of law enforcement or code enforcement personnel), by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina
Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
stormwater administrator may take appropriate action under this chapter to correct and abate the violation
and to ensure compliance with this chapter.
(d) Extension of time. A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the stormwater administrator a written request
for an extension of time for correction of the violation. On determinin g that the request includes
enough information to show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the stormwater administrator
may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to,
but not exceeding 30 days. The stormwater administrator may grant 15 day extensions in addition to
the foregoing extension if the violation cannot be corrected within the permitted time due to
circumstances beyond the control of the person violating this chapter. The stormwater administrator
may grant an extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject to the penalties
described in the notice of violation and correction order.
(e) Enforcement after time to correct. After the time has expired to correct a violation, including any
extension(s) if authorized by the stormwater administrator, the stormwater administrator shall
determine if the violation is corrected. If the violation is not corrected, the stormwater administrator
may act to impose one or more of the remedies and penalties authorized by this chapter.
(f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this chapter or pose an immediate danger to the public health, safety, or welfare,
then the stormwater administrator may order the immediat e cessation of a violation. Any person so
ordered shall cease any violation immediately. The stormwater administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
(Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE VI. - ILLICIT DISCHARGES
Sec. 87-34. - 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 substances, 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 craw space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) De-chlorinated 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 City of Newton.
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 subsection (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 was hing 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 chapter. However, the one-year grace period shall not apply
to connections which may result in the discharge of hazardous mater ials 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:
a. 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
b. 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:
(1) The quantity and complexity of the work;
(2) The consequences of delay;
(3) The potential harm to the environment, to the public health, and to public and private property;
and
(4) The cost of remedying the damage.
(c) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, 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
City of Newton Fire Chief 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) Nuisance. Illicit discharge and illicit connections which exist within the city limits 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. Such public nuisances shall be abated in
accordance with the procedures set forth in chapter 62 of the City of Newton City Code.
(Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-34. - 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 conve yance, 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 substances, 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 craw space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) De-chlorinated 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 City of Newton.
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 subsection (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 was hing 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 chapter. However, the one-year grace period shall not apply
to connections which may result in the discharge of hazardous mater ials 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:
a. 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
b. 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:
(1) The quantity and complexity of the work;
(2) The consequences of delay;
(3) The potential harm to the environment, to the public health, and to public and private property;
and
(4) The cost of remedying the damage.
(c) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, 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
City of Newton Fire Chief 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) Nuisance. Illicit discharge and illicit connections which exist within the city limits 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. Such public nuisances shall be abated in
accordance with the procedures set forth in chapter 62 of the City of Newton City Code.
(Ord. No. 2007.16, § 1, 6-19-2007)
MS4 Inspection Report
Newton, NC: NPDES Permit No. NCS000397

Inspection Date: December 11, 2018 Appendix A

Supporting Document 3
City of Newton Administrative Manual for the
Phase II Stormwater Ordinance

MS4 Inspection Report
Newton, NC: NPDES Permit No. NCS000397

Inspection Date: December 11, 2018 Appendix A

Supporting Document 4
City of Newton Stormwater Operations and Maintenance Plan

MS4 Inspection Report
Newton, NC: NPDES Permit No. NCS000397

Inspection Date: December 11, 2018 Appendix A

Supporting Document 5
City of Newton Facilities Map