05 - City of Raleigh Illicit Discharge Ordinance

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CHAPTER 5. - OFFENSES AGAINST THE ENVIRONMENT
Footnotes:
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State law references: G.S. Chapter 113A Article 4 (Pollution Control Act); G.S. Chapter 143 Article 21 (Water and Air Resources); Emission
of pollutants and contaminants, G.S. 160A-185; Raleigh City Charter §2.14(50); 1989 Session Law, Chapter 1043 (Authorizes City of
Raleigh to regulate stormwater).
Sec. 13-5001. - TITLE.
This chapter shall be known and may be cited as the City of Raleigh's "Illicit Discharge Ordinance."
(Ord. No. 1995-573, §2, 3-7-95)
Sec. 13-5002. - PURPOSES.
This chapter is adopted for the purposes of:
Protecting the public health, safety and welfare by controlling the discharge of pollutants into the
stormwater conveyance system;
Promoting activities directed toward the maintenance and improvement of surface and ground water
quality;
Satisfying the requirements imposed upon the City of Raleigh under its National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS ) discharge permit issued by
the State; and
Establishing administration and enforcement procedures through which these purposes can be fulfilled.
The provisions of this regulation are supplemental to regulations administered by Federal and State
governments.
(Ord. No. 1995-573, §2, 3-7-95)
Sec. 13-5003. - ACRONYMS.
MS : Municipal separate storm sewer system.
NCDENR: North Carolina Department of Environment and Natural Resources.
NPDES: National Pollutant Discharge Elimination System.
(Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §1, 2-15-11, eff. 2-20-11)
Sec. 13-5004. - DEFINITIONS.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
Illicit connection. Any unlawful connection which allows the discharge of non-stormwater to the stormwater
conveyance system or waters of the State in violation of this chapter.
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Illicit discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring,
emission, or other discharge of any substance other than stormwater into a stormwater conveyance, the
waters of the State, or upon the land in such proximity to the same, such that the substance is likely to reach a
stormwater conveyance or the waters of the State.
Municipal separate storm sewer system (MS ). A stormwater conveyance or unified stormwater conveyance
system (including without limitation: roads with drainage systems, municipal streets, catch basins, stormwater
detention facilities, curbs, gutters, ditches, natural or man-made channels, or storm drains), that:
Is located within the corporate limits of Raleigh, North Carolina; and
Is owned or operated by the State, County, the City, or other public body; and
Discharges to waters of the State, excluding publicly owned treatment works, and lawful connections
thereto, which in turn discharge into the waters of the State.
National Pollutant Discharge Elimination System. A permitting system established pursuant to §402 of the
Clean Water Act et seq.
Federal law reference: National Pollutant Discharge Elimination System Permits, 33 USC §1342.
Pollution. Man-made or man-induced alteration of the chemical, physical, biological, thermal, and/or
radiological integrity of water.
Stormwater. Any flow resulting from, and occurring during or following, any form of natural precipitation.
Stormwater conveyance or stormwater conveyance system. Any feature, natural or man-made, that collects
and transports stormwater, including but not limited to roads with drainage systems, streets, catch basins,
curbs, gutters, ditches, man-made and natural channels, pipes, culverts, and storm drains, and any other
natural or man-made feature or structure designed or used for collecting or conveying stormwater.
Waters of the State. Surface waters within or flowing through the boundaries of the State including the
following: any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay,
reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue
lines on United States Department of the Interior Geological Survey 7.5 minute series topographic maps.
Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the
State and which are not the result of impoundment of waters of the State, are not waters of the State.
(Ord. No. 1995-573, §2, 3-7-95)
Sec. 13-5005. - SCOPE AND EXCLUSIONS.
This chapter shall apply within the territorial jurisdiction of the City.
(Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §2, 2-15-11, eff. 2-20-11)
Editor's Note:G.S. 160A-459 granted enforcement authority over federal, state, and local governments.
Sec. 13-5006. - OBJECTIVES.
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The objectives of this chapter are to:
Regulate the discharge of substances which may contaminate or cause pollution of stormwater,
stormwater conveyances, or waters of the State;
Regulate connections to the stormwater conveyance system;
Provide for the proper handling of spills; and
Provide for the enforcement of same.
(Ord. No. 1995-573, §2, 3-7-95)
Sec. 13-5007. - NON-STORMWATER DISCHARGE CONTROLS.
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 such proximity to the same (such
that the substance is likely to reach a stormwater conveyance or the waters of the State), any fluid, solid, gas,
or other substance, other than stormwater; provided that non-stormwater discharges associated with the
following activities are allowed provided that they do not significantly impact water quality:
Declorinated swimming pool discharges;
Discharges from potable water sources;
Condensate from residential or commercial air conditioning;
Residential and non-profit vehicle washing;
Water line flushing;
Discharges associated with emergency removal and treatment activities, for hazardous materials,
authorized by the federal, State, or local government on-scene coordinator;
Uncontaminated ground water [including the collection or pumping of springs, wells, or rising ground
water and ground water generated by well construction or other construction activities];
Collected infiltrated stormwater from foundation or footing drains;
Collected ground water and infiltrated stormwater from basement or crawl space pumps;
Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200);
Street wash water;
Flows from emergency fire fighting;
Discharges from the pumping or draining of natural watercourses or waterbodies;
Flushing and cleaning of stormwater conveyances with unmodified potable water;
Flows from riparian habitats and wetlands;
Diverted stream flows;
Placing leaves at the curbside for the City's residential seasonal leaf collection program;
Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge
does not pose an environmental or health threat; and
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Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued
NCDENR, provided that any such discharges to the municipal separate storm sewer system shall be authoriz
City.
Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints,
garbage, construction debris, yard waste, and litter.
State law references: Emission of pollutants and contaminants, G.S. 160A-185, Raleigh City Charter §2.14(50), and 1989
Session Laws, Chapter 1043.
Cross reference: Discharge onto City streets, sidewalks, or gutters, §12-1032 and depositing waste on land in the City,
§7-3005(c)(2), (3).
Illicit connections.
Connections to a stormwater conveyance or stormwater conveyance system which 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.
Where such connections exist in violation of §13-5007 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 (1) year following application of
this regulation; provided that, this 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.
Where it is determined that said connection:
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
Was made in violation of any applicable regulation or ordinance,
the City Manager or his designee shall designate the time within which the connection shall be removed. In
setting the time limit for compliance, the City shall take into consideration:
The quantity and complexity of the work,
The consequences of delay,
The potential harm to the environment, to the public health, and to public and private property, and
The cost of remedying the damage.
Editor's note: This regulation first became applicable on March 12, 1995.
Permits are issued by the Inspections Department for connection to or modification of storm sewers located
in City owned rights-of-way.
State law reference: Emission of pollutants and contaminants, G.S. 160A-185.
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Spills.
Spills or leaks of polluting substances discharged to, or having the potential to be indirectly transported to
the stormwater conveyance system,shall be contained, controlled, collected, and removed promptly. All
affected areas shall be restored to their preexisting condition.
Persons associated with the spill or leak shall immediately notify the City of Raleigh Fire Chief or his designee
of all spills or leaks of polluting substances. 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.
(Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §§3—11, 2-15-11, eff. 2-20-11)
Sec. 13-5008. - ENFORCEMENT.
Authority to enter.
Any authorized City personnel shall be permitted to enter upon public property for the purposes of
observation, inspection, sampling, monitoring, testing, surveying, and measuring compliance. Authorized City
personnel may enter upon private property with the consent of the owner, occupant or other person
authorized to give such consent. Should the owner or occupant of private property refuse to permit such
reasonable access, the City Manager or his designee 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 any such representative while carrying out his official
duties.
Civil penalties.
Illicit discharges.
Any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates,
directs, or assists directly or indirectly in the creation of a violation of this chapter shall be subject to civil
penalties as follows:
For first time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and
consists of domestic or household products in quantities considered ordinary for household
purposes, said person shall be assessed a civil penalty not to exceed one thousand dollars ($1,000.00)
per violation or per day for any continuing violation, and if the quantity of the discharge is greater
than five (5) gallons or contains non-domestic substances, including but not limited to process waste
water, or if said person cannot provide clear and convincing evidence of the volume and nature of the
substance discharged, said person shall be assessed a civil penalty not to exceed five thousand
dollars ($5,000.00) per violation or per day for any continuing violation.
For repeat offenders, the amount of the penalty shall be double the amount assessed for the
previous penalty, not to exceed twenty-five thousand dollars ($25,000.00) per violation or per day for
any continuing violation.
In determining the amount of the penalty, the City Manager or his designee shall consider:
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The degree and extent of harm to the environment, the public health, and public and private propert
The cost of remedying the damage;
The duration of the violation;
Whether the violation was willful;
The prior record of the person responsible for the violation in complying or failing to comply with
this chapter;
The costs of enforcement to the public; and
The amount of money saved by the violator through his, her, or its noncompliance.
Illicit connections.
Any person found with an illicit connection in violation of this chapter and any designer, engineer,
contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly
or indirectly in the establishment of an illicit connection in violation of this chapter, shall be subject to civil
penalties as follows:
First time offenders shall be subject to a civil penalty not to exceed five thousand dollars ($5,000.00)
per day of continuing violation.
Repeat violators shall be subject to a civil penalty not to exceed twenty-five thousand dollars
($25,000.00) per day of continuing violation.
In determining the amount of the penalty, the City Manager or his designee shall consider:
The degree and extent of harm to the environment, the public health, and public and private
property;
The cost of remedying the damage;
The duration of the violation;
Whether the violation was willful;
The prior record of the person responsible for the violation in complying or failing to comply with
this chapter;
The costs of enforcement to the public; and
The amount of money saved by the violator through his, her, or its noncompliance.
Procedures for assessing penalties pursuant to illicit connections.
Said penalties shall be assessed by the City Manager or his designee. No penalty shall be assessed
until the person alleged to be in violation is served written notice of the violation either personally or
by registered or certified mail. When service is made by registered or certified mail, a copy of the
notice may also be sent by first class mail. Service shall be deemed sufficient if the registered or
certified mail is unclaimed or refused, but the first class mail is not returned by the Post Office within
ten (10) days after the mailing.
The notice shall warn that failure to correct the violation within the specified time period will result in
the assessment of a civil penalty and/or other enforcement action. If after the allotted time period has
expired, and the violation has not been corrected, the penalty shall be assessed from the date of the
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violation and each day of continuing violation thereafter shall constitute a separate violation under
this section.
Other violations.
Any person found in violation of other provisions of this chapter, not specifically enumerated elsewhere,
shall be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or per day
for any continuing violation.
Payment/collection procedures.
Penalties shall be assessed by the City Manager or his designee. No penalty shall be assessed until the
person alleged to be in violation is served written notice of the violation by registered or certified mail or
personal service. When service is made by registered or certified mail, a copy of the notice may also be
sent by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the Post
Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of
the obligation to pay the penalty. The City Manager or his designee shall make written demand for
payment upon the person in violation. If the payment is not received or equitable settlement reached
within thirty (30) days after demand for payment is made, the matter shall be referred to the City
Attorney for institution of a civil action in the name of the City, in the appropriate division of the General
Court of Justice in Wake County for recovering the penalty.
Injunctive relief.
Whenever the City Council has a reasonable cause to believe that any person is violating or threatening to
violate this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter or making a
connection to a stormwater conveyance or stormwater conveyance system other than in accordance with
the terms, conditions, and provisions of approval, the City may, either before or after the institution of
any other action or proceeding authorized by the Code, institute a civil action in the name of the City for
injunctive relief to restrain and abate the violation or threatened violation.
The institution of an action for injunctive relief under subsection (c) shall not relieve any party to such
proceeding from any further civil or criminal penalty prescribed for violations of this Code.
Criminal penalties.
Any person who knowingly or willfully violates any provision of this chapter, rule, regulation, order duly
adopted or issued pursuant to this chapter shall be guilty of a misdemeanor, punishable by a fine not to
exceed five hundred dollars ($500.00) or imprisonment for not longer than thirty (30) days. Each violation
shall be a separate offense.
Administrative fee.
Any person who shall commit a violation of this chapter, receives official notice from the City of said violation,
and fails to remedy said violation such that a Notice of Violation is issued shall be subject to an administrative
fee of one hundred dollars ($100.00) in addition to any other charge.
(Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §§12—19, 2-15-11, eff. 2-20-11)
Cross references: Declaration of public nuisance, §12-6002(p); administrative fees, §14-1012.
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