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Home My WebLink About01 Our Authority v2PUBLIC WORKS CITY OF DURHAM Program Authority and Scope Federal Clean Water Act 1. 1948 — Federal Water Pollution Con 2. 1972 —Amendments to FWPCA 3. 1977 —Clean Water Act 4. 1987 —Water Quality Act PUBLIC WORKS CITY OF DURHAM J��ED STATFs • 0 F ZT,q C Z �o pR01 G� NPDES Program National Pollutant Discharge Elimination System • Purpose • Eliminate/reduce point source pollutant discharges to US waters • Create industry Snrtor-specific discharge, monitoring, BMP requirements • What is a NPDES permit? A limited "license, -o pollute" Facility may discharge, so long as in compliance with permit CreatPc "hPnchm;:1rV rr)ncentrations of pollutants in discharge waters • Who is required to obtain one? _ndustrial facilities (generally manufacturers) • Municipalities operating drainage systems • Who administers the NPDES program? • EPA — ID, MAY NH, NM, DC, PR, Indian country lands, US Territories • States (where authorized by EPA) PUBLIC WORKS CITY OF DURHAM N.C.G.S. § 143-214.7(c) It all begins here, in the NC General Statutes: ... units of local government ore authorized to adopt ordinances and regulations necessary to establish and enforce stormwoter control programs. Units of local government ore authorized to create or designate agencies or subdivisions to administer and enforce the programs. This subsection of state law allows the City to: 1. Run a stormwoter quality program 2. Adopt ordinances in City Code to prohibit and require certain behaviors 3. Create and use an enforcement process to promote prevention and correction of Stormwater pollution issues PUBLIC WORKS CITY OF DURHAM What Our Authority Covers We protect against discharges of non-stormwater substances to the drainage system, surface waters, or both. We do not have authority to directly regulate things like: Safety Waste management Land quality Air quality Wildlife PUBLIC WORKS CITY OF DURHAM City Code of Ordinances Durham City Code is adopted and amended by City Council. City Code codifies the rights, duties, and other rules to be followed by City government and all persons and properties within the City's jurisdiction. The best way to reference up-to-date City Code is via the Municode website: https://library.municode.com/nc/durham/codes/code of ordinances In 2006, City Council adopted the Stormwater Management and Pollution Control Ordinance (Chapter 70, Article V of Durham City Code). This specific ordinance authorizes the Water Quality Unit to conduct its work. https://library.municode.com/nc/durham/codes/code of ordinances?nodeld=PT IICOOR CH70UT ARTVSTMAPOCO PUBLIC WORKS CITY OF DURHAM 70-492 70-493 70-511 70-512 70-513 70-514 70-515 70-516 70-517 70-518 70-525 70-538+ Overview of Relevant Ordinance Sections The purpose of the Ordinance Important definitions you should take the time to learn General prohibitions and pollution prevention requirements Prohibition against illicit connections Exceptions to prohibition against illicit discharges NPDES Permit compliance requirements Specific requirements for automotive activities Specific requirements for junkyards/salvage yards Specific requirements for hazardous materials Requirements for action in the event of a spill in the road/right-of-way Authorization to perform facility inspections Code enforcement requirements and procedures PUBLIC WORKS CITY OF DURHAM r q1 W-0 § 70-511 Illicit discharges; containment of spills and discharges; plans to prevent discharges Citable Violations: 1. Illicit discharge to the drainage system/surface waters 2. Failure to contain a spill 3. Failure to notify the City/County of a pollutant discharge or spill that has or may enter the drainage system/surface waters PUBLIC WORKS CITY OF DURHAM What is an Illicit Discharge? Here's how City Code defines it: Illicit discharge generally means any discharge to the drainage system that is not composed entirely of stormwater, unless specifically allowed as an authorized discharge in section 70-513. Let's break it down. Illicit discharge generally means: • Any discharge • to the drainage system • that is not composed entirely of Stormwater, • unless specifically allowed as an authorized discharge in section 70-513. PUBLIC WORKS CITY OF DURHAM What is an Illicit Discharge? • Any discharge • Can be intentional, accidental, negligent • Discharges come in two types • Direct - a substance is dumped, poured, pumped, or aimed toward and flows by its own force • Indirect — a substance is deposited in an area where rainwater or snowmelt carries it • to the drainage system • The drainage system is composed of all natural and manmade conveyances. • This includes streets, gutters, ditches, intermittent streams, ponds, etc. • If a discharge does not reach the drainage system, it is not illegal • that is not entirely composed of stormwater, • unless specifically allowed as an authorized discharge in section 70-513. • There are many exceptions. This will be covered separately PUBLIC WORKS CITY OF DURHAM DirE V. Indir PUBLIC WORKS CITY OF DURHAM 7A § 70-512 Illicit connections Citable Violations: 1. Illicit connection Illicit connection means any drain, junction, or conveyance, whether on the surface or subsurface, that can discharge nonstormwater discharges, such as sewage, process wastewater, or wash water, to the MS4 or to watercourses. Illicit connections include, but are not limited to, interior floor drains, whether or not previously allowed under the building code. PUBLIC WORKS CITY OF DURHAM �- r m1sprw § 70-513 Authorized nonstormwater discharges Exceptions to the general prohibition against nonstormwater discharges! Most Common: • NPDES Permitted • Sewer overflow cleanup flushing • Firefighting water • HazMat Response • Dye testing • Hydrant flushing PUBLIC WORKS CITY OF DURHAM a. Water line flushing; b. Landscape irrigation; c. Diverted stream flaws; d. Rising gro u n d wate rs; e. Groundwater infiltration; f. Uncontaminated pumped giroundwater; g. Discharges from potable water sources; h. Foundation drains; i. Aircorditianing condensate (co mmerciallresidential); j. Irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200}; k. Springs; I. Water from crawl space pumps; m. Footing drains; n. Lawn watering; o. Residential and charity ear washing; p. Flows from riparian habitats and wetlands; q. Dechlorinated swimming pool discharges; r. Street wash water; s. Discharges from flushing and cleaning stormwater conveyances with dechlorinated, unmodified water. § 70-514 Demonstration of compliance under NPDES permits, SWPPPs, BMPs, general NPDES permits, or similar authorizations Citable Violations: 1. Failure to comply with a Best Management Practice as directed (more on this later — it will ►be important) 2. Failure to comply with SPPP reauirement 8 Recent statements from NC DEMLR do not permit unauthorized municipalities to judge the compliance status of permitted facilities. We are not presently authorized, therefore, we cannot at this time cite this violation. PUBLIC WORKS CITY OF DURHAM Title § 70-515 Pollution prevention requirements for automotive activities Citable Violations: 1. No secondary containment & cover for • Parts • Fluids/other pollutants 2. No spill cleanup supplies 3. Working outside shop bay 4. Failure to clean up and report spills/discharges per 70-511(b) PUBLIC WORKS CITY OF DURHAM § 70-516 Stormwater pollution prevention plans (SWPPPs) for storage of salvaged vehicles Citable Violations: 1. Failure to develop SPPP for >_ 10 "junked, salvaged, or unlicensed" cars 2. Failure to maintain updated SPPP 3. Failure to produce SPPP on request PUBLIC WORKS CITY OF DURHAM hL Title 4dw § 70-517 Pollution prevention requirements for hazardous substances Citable Violations: 1. No secondary containment and cover for hazardous materials stored outside 2. Failure to develop SPPP or apply for permit as directed PUBLIC WORKS CITY OF DURHAM § 70-518 Spills and releases of pollutants Citable Violations: 1. Failure to take "appropriate and timely action" to contain and clean up pollutant spill in City right-of-way, road, or highway 2. Failure to report such a pollutant spill to City -County EMS PUBLIC WORKS CITY OF DURHAM Citable Violations Summary 1. Illicit discharge 16. No secondary containment and cover 2. Failure to contain a spill for haz mat outside 3. Failure to notify Stormwater of pollutant spill 4. Illicit connection 5. Failure to comply with a BMP as d i rected 6. Failure to apply for NPDES permit 7. Failure to produce Permit/SPPP documentation 8. Failure t-comply with AIPDES /CDDD /%.OLI 111 Dement 9. (Auto) No secondary containment & coverfor a. Parts b. Fluids/other pollutants 10. (Auto) No spill cleanup kit 11. (Auto) Working outside shop bay 12. (Auto) Failure to notify Stormwater of pollutant discharge or spill that has or may enter the drainage system 13. Failure to develop SPPP for >_ 10 salvaged cars 14. Failure to maintain updated SPPP 15. Failure to produce SPPP on request PUBLIC WORKS CITY OF DURHAM 17. Failure to develop SPPP or apply for permit as directed 18. Failure to take "appropriate and timely action" to contain and clean up pollutant spill in ROW, road, or highway 19. Failure to report such a pollutant spill to EMS In practice, there are pollution prevention issues that City Code does not seem to cover • Incompatible/improper/damaged storage containers • Lack of secondary containment for outdoor pollutant storage at a non -auto business or for non -hazardous materials • Lack of good housekeeping (untidy environment) • Spill kit needed for non -auto business to address risks • Non -auto fluid spill not in a road, highway, or ROW or at risk to drainage system or surface waters This is where § 70-511(c) is useful PUBLIC WORKS CITY OF DURHAM Sec. 70-511. Illicit discharges; containment of spills and discharges; plans to prevent discharges. (c) Plans to prevent illicit discharges. (1) Where the location or manner of storage of pollutants on property may cause a significant illicit discharge, or where an illicit discharge has previously occurred on property, the director may require that a responsible person for such property: a. Develop and maintain BMPs meeting guidelines; b. Apply for and follow a local permit; and c. Develop, submit for approval, and follow an SWPPP. (2) In determining whether to impose such additional requirements the director shall consider: a. The history of the property; b. The likelihood of illicit discharges without additional measures; and c. The impact of such discharges. (3) A permit or plan required under this section is a regulatory requirement and not a penalty. PUBLIC WORKS CITY OF DURHAM 70-511(c), Plainly You may require a responsible party to take action to prevent or correct an issue that presents a serious risk of stormwater contamination. This is especially true if the responsible party or the premises has a history of illicit discharges and/or other Code violations. We call these required actions "Best Management Practices" PUBLIC WORKS CITY OF DURHAM Recall §70-514 "Properties subject to a plan to control discharges to the drainage system under NPDES permits, SWPPPs, BMPs, or local permits must demonstrate compliance." Putting it together: 1. A responsible party may be required to implement a Best Management Practice, via 70-511(c) 2. If that party fails to comply with the above requirement, the party may be held in violation of City Code via 70-514 PUBLIC WORKS CITY OF DURHAM Who is a "responsible party?" • § 70-493. Definitions • Responsible means having direct or indirect control over the occurrence of an action, incident, or condition. Responsibility includes the ability to control what occurs on property through ownership of property, or through ownership, control, or management of a business, organization, or other entity whose activities occur on property and cause in part or in whole the action, incident, or condition. Causation may be through deliberate action or through negligence, omission, or inattention. Let's break this down PUBLIC WORKS CITY OF DURHAM Who is a "responsible party?" You can be responsible if you are in control of — The cause of the violation/condition — The property on which the violation/condition occurs — The business or entity that causes the violation/condition PUBLIC WORKS CITY OF DURHAM Who is a "responsible party?" Responsible means having • direct or indirect • control • over the occurrence of • an action, • incident, • or condition. PUBLIC WORKS CITY OF DURHAM Who is a "responsible party?" Responsibility includes the ability to control what occurs on property through • Ownership of property • OR • through ownership, control, or management of a business, • organization, • or other entity • whose activities • occur on property • and cause • in part or • in whole • the action, incident, or condition. PUBLIC WORKS CITY OF DURHAM Who's responsible? • Responsibility or through ownership, includes control, • the ability to control or management of a business, • what occurs organization, • on property • or other entity • whose activities • through • occur on property • ownership of and cause property... • in part or • in whole • the action, incident, or condition. PUBLIC WORKS CITY OF DURHAM Who's responsible? • Causation • may be through — deliberate action • or through — negligence, — omission, — or inattention. �V There must be a causal link from the act or omission to the violation. Ask: "But for the act or omission, would the violation have occurred?" PUBLIC WORKS CITY OF DURHAM For instance... Ownership of property XYZ Property Owners, LLC Direct or indirect control over the Fred's Auto Service Garage occurrence Management of a business whose Joe's Mobile Detailing Service activities occur on a property PUBLIC WORKS CITY OF DURHAM Who to cite? • Always seek to cite first the person or business that actually caused the violation • If you can't figure out who caused the violation, cite the current tenant of the property • If there's no tenant, cite the property owner PUBLIC WORKS CITY OF DURHAM A few notes... • Even if you're only citing the one who caused the violation, it's a good idea to copy the property tenant and/or owner. • If this is a repeat violation on the same property, it's a good idea to additionally cite the property tenant or owner if the site is not under lease. PUBLIC WORKS CITY OF DURHAM