NCS000494_IDDE Ordinance_20200722

Lewisville, NC Unified Development Ordinance
3-10 - ILLICIT DISCHARGES
3-10.1 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges ..... No person shall cause or allow the discharge, emission, disposal,
pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of
the State, or upon the land in manner and amount that the substance is likely to reach a
stormwater conveyance or the waters of the State, any liquid, solid, gas, or other
substance, other than stormwater; provided that non-stormwater discharges associated
with the following activities are allowed and provided that they do not significantly impact
water quality:
(1) Waterline flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the Town of Lewisville.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
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Lewisville, NC Unified Development Ordinance
(B) Illicit Connections
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(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in
section (a) above, are unlawful. Prohibited connections include, but are not limited
to: floor drains, waste water from washing machines or sanitary sewers, wash water
from commercial vehicle washing or steam cleaning, and waste water from septic
systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property owner or the person using said connection shall remove
the connection within one year following the effective date of this Ordinance.
However, the one-year grace period shall not apply to connections which may result
in the discharge of hazardous materials or other discharges which pose an
immediate threat to health and safety, or are likely to result in immediate injury and
harm to real or personal property, natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(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:
(i) The quantity and complexity of the work,
(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public health, and to public
and private property, and
(iv) The cost of remedying the damage.
(C) Spills ..... Spills or leaks of polluting substances released, discharged to, or having the
potential to be released or discharged to the stormwater conveyance system, shall be
contained, controlled, collected, and properly disposed. All affected areas shall be
restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or
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Lewisville, NC Unified Development Ordinance
discharge, and persons owning the property on which the substances were released
or discharged, shall immediately notify the Stormwater Administrator and Lewisville
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) Impeding Stormwater Conveyances ..... No person shall cause or allow any stormwater
conveyance or BMP to be impeded or diverted by any means, including but not limited to;
stoppage or blockage of pipes; adding or placing materials of any kind to cause damming
or erosion; or breaking, damaging or otherwise interfering with the function of any
stormwater conveyance or BMP.
(E) Nuisance ..... Illicit discharges and illicit connections that exist within the Town of Lewisville
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.
(UDC) L-133, §§ 1, 2, 6-11-09)
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