HomeMy WebLinkAbout07_NCS000559_SW-100_20220512STANDARD PROCEDURE
Town of Clayton, NC
ENGINEERING DIVISION
SUBJECT
NUMBER
REV
EFFECTIVE DATE
PAGE OF
ILLICIT DISCHARGE DETECTION AND
SW-100
7/1/2020
1 9
SUPERCEDES
PREPARED BY
S. Locklear
APPROVED BY
J. Baird
ELIMINATION
Town Stormwater Engineer
Town Engineer
1.0
PURPOSE........................................................................................................... 1
2.0
ORGANIZATIONS AFFECTED........................................................................ 1
3.0
POLICY.............................................................................................................. 1
4.0
REFERENCE......................................................................................................1
5.0
DEFINITIONS.................................................................................................... 1
6.0
PROCEDURE FOR ILLICIT DISCHARGE DETECTION ................................. 2
7.0
PROCEDURE FOR ILLICIT DISCHARGE ELIMINATION ............................. 4
8.0
ISSUANCE OF NOTICES OF VIOLATION......................................................4
9.0
ISSUANCE OF CIVIL PENALTIES................................................................... 6
10.0
COLLECTION OF CIVIL PENALTIES............................................................. 8
11.0
RECORD KEEPING........................................................................................... 8
12.0
REVISION HISTORY......................................................................9
1.0 PURPOSE
To establish procedures for addressing non-stormwater discharges and connections into
the stormwater conveyance system and waters of the state.
2.0 ORGANIZATIONS AFFECTED
Public Services Department, Fire Department, Town Attorney
3.0 POLICY
All persons are responsible for ensuring that pollutants do not enter stormwater
conveyance system or Waters of the State so as to protect public health, safety, and
welfare. The Town shall take the actions spelled out in this procedure when violators fail
to meet their responsibility to protect public safety and the water quality within the Town.
4.0 REFERENCE
Town Municipal Code, Sections 13-5001 through 13-5008.
5.0 DEFINITIONS
5.1 Hazardous Material: Any substance or waste in the form of a solid, sludge, liquid,
gas, or other form, which may pose a significant risk to health and safety or
property. The scope of hazardous materials encompasses hazardous chemicals,
hazardous substances, and hazardous wastes. Hazardous materials include, but are
not limited to: explosives, flammable gases, toxic gases, compresses gases,
flammable liquids, combustible liquids, flammable solids, pyrophoric liquids,
Town of Clayton, NC
SUBJECT
ILLICIT DISCHARGE DETECTION AND
ELIMINATION
NUMBER REV EFFECTIVE DATE PAGE OF
SW-100 07/01/2020 2 9
organic peroxides, oxidizing materials, corrosive materials, toxic liquids,
radioactive materials, and cryogenic materials.
5.2 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.
5.3 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.
5.4 Stormwater: Any flow resulting from, and occurring during or following, any form
of natural precipitation.
5.5 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.
5.6 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.
6.0 PROCEDURE FOR ILLICIT DISCHARGE DETECTION
6.1 Check the scene for obvious signs of danger. If a hazardous material is found,
report the illicit discharge to the Fire Department and refer to the Town
Engineering Division's Internal Use Only SOP for Managing Spills Which
Threaten to Enter the Stormwater Conveyance System (SOP Number SW-101) for
further action.
6.2 Site Investigation: The following initial steps shall be followed by Stormwater
Management staff while investigating the source of an illicit discharge:
(1) Locate stormwater structures in the area to determine the general direction
of flow.
Town of Clayton, NC
SUBJECT
ILLICIT DISCHARGE DETECTION AND
ELIMINATION
NUMBER REV EFFECTIVE DATE PAGE OF
SW-100 07/01/2020 3 9
(2) Identify where the discharge may have occurred. Indications of an illicit
discharge or connection may be puddles, stains, or a flowing discharge. If
visual observations do not determine where the discharge is, listen for
running water or smell for obvious odors, such as gasoline.
(3) Determine if the discharge has entered the stormwater conveyance system
or surface waters. Follow the discharge downhill to determine if the
discharge has entered the stormwater conveyance system. If the discharge
has entered the stormwater conveyance system, continue to inspect
downstream catch basins and/or other stormwater structures to determine if
the discharge has entered surface waters.
(4) Attempt to determine the discharge source. Follow the discharge uphill
while gathering information on potential sources. If the discharge is
flowing inside stormwater structures, all catch basins and/or other
stormwater structures must be inspected for the presence of the discharge.
Look for similar color flows, stains, or puddles. Continue to listen for
running water if the discharge is flowing and smell for obvious odors.
(5) Town Engineering staff will take photos of the discharge, discharge source
and any impacted areas throughout the site investigation for use in possible
enforcement action.
6.3 Notification of Proper Authorities
6.3.1 Depending on the type and severity of the Illicit Discharge, Town
Engineering staff will notify the Fire Department and other relevant Town
Divisions of the violation. Examples of when the Fire Department would
be notified include, but are not limited to, the following:
a. Public or personal safety is a concern;
b. Hazardous materials;
C. Gasoline spills; and
d. Spills which are too large for the responsible parry or Town
Engineering staff to contain.
6.3.2 The North Carolina Department of Environmental Quality (NCDEQ),
Division of Water Resources (DWR) shall be notified of discharges which
significantly impact water quality. Examples would include, but are not
limited to, the following:
a. Discharges which enter waters of the state, and
b. Discharges which result in a fish kill.
Town of Clayton, NC
SUBJECT
ILLICIT DISCHARGE DETECTION AND
ELIMINATION
NUMBER REV EFFECTIVE DATE PAGE OF
SW-100 07/01/2020 4 9
c. Private property owners must notify NCDWR if source of sewage
discharge is on or from private property (If sewage discharge comes
from public property, Public Utilities will inform NCDWR)
6.4 Determination of Responsible Party
6.4.1 After the source of the illicit discharge is located, determine the party
responsible for the illicit discharge. Witnesses may need to be interviewed
to determine the responsible party.
a. If a responsible party is found, Town Engineering staff will ensure the
responsible party eliminates and corrects the discharge.
b. If a responsible party is not found, Town Engineering staff will work
with his/her supervisor to determine the next course of action.
7.0 PROCEDURE FOR ILLICIT DISCHARGE ELIMINATION
Town Engineering staff shall follow procedures outlined in the most recent revision of the
Town Engineering Division's Internal Use Only SOP for Managing Spills Which Threaten
to Enter the Stormwater Conveyance System (SOP Number SW-101).
8.0 ISSUANCE OF NOTICES OF VIOLATION
The Engineering Division is responsible for the enforcement actions required to eliminate
Illicit Discharges and Illicit Connections.
8.1 Illicit Discharges
8.1.1 The Engineering Division shall give verbal or written warning for minor
violations such as:
a. landscape complaints
b. small nonthreating discharges (less than 5 gallons)
Warning letters can be sent out via regular mail at Engineering Staff's
discretion.
8.1.2 The Engineering Division shall serve a written notice of violation of the
Illicit Discharge by registered mail, certified mail -return receipt requested,
or personal service to the responsible party alleged to be in violation and the
property owner. The notice shall specifically describe to the responsible
person/party involved the following information:
a. the nature and location of the Illicit Discharge,
b. the corrective measures required to eliminate the discharge; and
Town of Clayton, NC
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ILLICIT DISCHARGE DETECTION AND SW-100 07/OU20TE 5 9
ELIMINATION
c. the time within such measures shall be taken.
The Engineering Division shall make a reasonable effort to contact the
violator and property owner in person or by phone to encourage the
correction of the Illicit Discharge.
8.1.3 Illicit Discharges must be remediated within twenty-four (24) hours. After
this time period, the Engineering Division shall inspect the violation to
ensure it has been eliminated.
8.1.4 The Engineering Division shall notify Division of Water Resources of all
discharges that constitute an imminent threat to health or the environment
shall be reported within 24 hours by phone or e-mail to the Division
Regional Office during business hours, or to the NC Division of
Emergency Management State Operations Center hotline outside of
business hours.
8.2 Illicit Connections
8.2.1 The Engineering Division shall notify the Public Utilities Division when an
Illicit Connection is reported within 24 hours. (SOP Number SW-101) for
Public Utilities contact information.
8.2.2 The Engineering Division shall serve a written notice of violation of the
Illicit Connection by registered mail, certified mail -return receipt
requested, or personal service to the responsible party alleged to be in
violation. The notice shall specifically describe to the property owner
involved the nature and location of the Illicit Connection with the
corrective action required. The property owner will be given fifteen (15)
days to correct the violation. Property owners may be allotted more than
fifteen (15) days, depending on the following:
a. the quantity and complexity of the work;
b. consequences of delay;
c. the potential harm to the environment, public health, and public and
private property; and
d. the cost to remedy the damage.
The notice of violation shall warn the property owner that failure to correct
the violation within the specified time period will result in the assessment of
a civil penalty. The Engineering Division shall also make a reasonable
effort to contact the property owner in person or by phone to encourage the
correction of the Illicit Connection.
Town of Clayton, NC
SUBJECT
ILLICIT DISCHARGE DETECTION AND
ELIMINATION
NUMBER REV EFFECTIVE DATE PAGE OF
SW-100 07/01/2020 6 9
8.2.3 After the specified time period, the Engineering Division shall inspect the
violation to ensure it has been eliminated.
8.2.4 If the Illicit Connection results from a failing septic tank, the Engineering
Division shall notify Johnston County Environmental Service of the failing
septic tank. Refer to (SOP Number SW-101) for Johnston County contact
information
8.2.5 Possible signs of failing septic tanks:
a. The ground is very damp and/or soft in a certain area of the yard
b. The ground looks black. (sewage coming up through the ground)
c. Sewer type smell in yard with no sign of sanitary sewer in area
8.3 Exceptions
The procedures outlined above will apply within the territorial jurisdiction of the
Town, with the following exclusion:
Federal, State, and local governments, including their agencies, unless
intergovernmental agreements have been established giving the Town enforcement
authority. If no intergovernmental agreement is given then any illicit discharge
reports will be forwarded to the proper governmental agencies. Refer to (SOP
Number SW-101) for Johnston County and North Carolina Department of
Environment and Natural Resources contact information.
9.0 ISSUANCE OF CIVIL PENALTIES
9.1 Illicit Discharges
9.1.1 Discharges equal to or less than five (5) gallons and consisting of domestic
or household products.
All violations shall be subject to a civil penalty. The civil penalty
shall be assessed from the date of receipt of notice of violation and each day
of continuing violation thereafter. The penalty shall not exceed one
thousand dollars ($1,000.00) per day of continuing violation for first time
offenders. For repeat violators, the penalty shall be double the amount
assessed for the previous penalty, not to exceed twenty five thousand
dollars ($25,000.00) per day of continuing violation.
9.1.2 Discharges greater than five (5) gallons or containing non -domestic
substances, or if said person cannot provide clear and convincing evidence
of the volume and nature of the substance discharged.
All violations shall be subject to a civil penalty. The civil
Town of Clayton, NC
SUBJECT NUMBER REV EFFECTIVE DATE PAGE OF
ILLICIT DISCHARGE DETECTION AND SW-100 07/01/2020 7 !
ELIMINATION
penalty shall be assessed from the date of receipt of notice of violation and
each day of continuing violation thereafter. The penalty shall not exceed
five thousand dollars ($5,000.00) per day of continuing violation for first
time offenders. For repeat violators, the penalty shall be double the amount
assessed for the previous penalty, not exceed twenty-five thousand dollars
($25,000.00) per day of continuing violation.
9.2 Illicit Connections
All violations shall be subject to a civil penalty. The civil penalty shall be assessed
from the date of receipt of notice of violation and each day of continuing violation
thereafter. The penalty shall not exceed five thousand dollars ($5,000.00) per day
of continuing violation for first time offenders. For repeat violators, the penalty
shall not exceed one thousand dollars ($25,000.00) per day of continuing violation.
9.3 Determination of the Penalty Amount
Refer to § 13-5008(b) of the Town Municipal Code before determining the amount of
the civil penalty. However, in summary, the Engineering Division staff shall
consider the following in determining the amount of the penalty:
9.3.1 Factors which would lead to a higher fine.
a. A high degree and extent of harm to the environment, the public
health, and public and private property;
b. A low cost of remedying the damage;
c. The violation has been occurring for a long duration;
d. The violation was willful;
e. The person responsible for the violation has a history of failure to
comply with the Illicit Discharge Ordinance;
f. High costs of enforcement to the public; and
g. The violator would save a high amount of money through his, her,
or its noncompliance.
9.3.2 Factors which would lead to a lower fine.
a. A low degree and extent of harm to the environment, the public health,
and public and private property;
b. A high cost of remedying the damage;
c. The violation has occurred for a minimal amount of time;
d. The violation was accidental;
e. The person responsible for the violation has a good record of compliance
with the Illicit Discharge Ordinance; and
f. Low costs of enforcement to the public.
Town of Clayton, NC
SUBJECT NUMBER REV EFFECTIVE DATE PAGE OF
ILLICIT DISCHARGE DETECTION AND SW-100 07/OU20TE 8 9
ELIMINATION
10. COLLECTION OF CIVIL PENALTIES
10.1 Civil penalties will be issued by the Engineering Division staff when a notice of
violation is issued to the responsible party for the Illicit Discharge or Illicit
Connection. Written notices of violation will be issued at the site by a carbon -copy
form or will be issued by registered mail, certified mail -return receipt requested.
10.2 Civil penalties shall be made payable to the Town of Clayton and sent to the
address below:
Town of Clayton
Public Services Department
III E. 2nd St.
Clayton, NC 27520
10.3 If payment is not received or equitable settlement reached within thirty (30) days
after demand for payment is made, the Engineering Division staff shall refer the
matter to the Town Attorney for institution of a civil action in the name of the
Town.
11.0 RECORD KEEPING
11.1 Upon completing the initial illicit discharge investigations, the Engineering
Division staff shall document the investigation in the Illicit Discharge,
Detection & Elimination Folder.
11.1.1. Investigations
a. Any Engineering Division staff response that does not result in a
Warning or Notice of Violation should be logged as an Investigation.
b. A new folder should be created in the Investigations Folder that should
be labeled with the date of the investigation and the property address.
EXAMPLE: 2018.06.07 400 Morrison Ave.
c. An Investigative Report, photos and call log should be included in the
file.
11.1.2 Warnings
a. Any Engineering Division staff response that results in a verbal or
written warning should be logged as a Warning.
b. A new folder should be created in the Warnings Folder and labeled as
using both the date of the investigation and the property address as
shown in 11.1.1 b.
Town of Clayton, NC
SUBJECT
ILLICIT DISCHARGE DETECTION AND
ELIMINATION
NUMBER REV EFFECTIVE DATE PAGE OF
SW-100 07/01/2020 9 9
c. An Investigation Report, photos, call log and copy of the Warning
Letter should be included in the file.
11.1.3 Notice of Violations
a. Any Engineering Division staff response that results in a Notice of
Violation should be logged as a Notice of Violation.
b. A new folder should be created in the Notice of Violations folder and
labeled as using both the date of the investigation and the property
address as shown in 11.1.1 b.
c. An Investigation Report, photos, call log and copy of both the Notice of
Violation and eventual Notice of Compliance Letter should be included
in the file.
d. A Notice of Compliance Letter should be sent to the both the violator
and property owner once the site achieves compliance.
11.2 City Works Application
Upon completion of documentation either an Investigation, Warning, or Notice of
Violation it will be logged into the City Works Application for tracking and future
reporting purposes.
12.0 REVISION HISTORY