D1 - Durham Stormwater Management and Pollution Control Ordinance

ARTICLE V. - STORMWATER MANAGEMENT AND POLLUTION CONTROL
191WR1IM0MW0401:1G7_1IIII 10
Sec. 70-492. - Purpose.
The purpose of this article is to further the health, safety and general welfare and convenience of the public through:
(1) Regulating the use, placement, storage, and management of pollutants in order to prevent pollution of
stormwater;
(2) Limiting pollution of stormwater in the public and private drainage system so as to limit pollution of the
waters of the state and restore, protect, and maintain better water quality and the benefits that come from
better water quality;
(3) Prohibiting illicit discharges and illicit connections to the public and private drainage system that increase
pollution;
(4) Protecting the conveyance capacity of the drainage system by controlling blockages, and the emission or
disposal of substances or effluents, including sediment, that are injurious to the drainage system;
(5) Complying with the city's National Pollutant Discharge Elimination System permit issued under the authority
of section 402(p) of the clean water act and implementing regulations at 40 CFR 122.26;
(6) Establishing inspection, surveillance, monitoring, and enforcement and penalty procedures to the maximum
extent authorized under law to achieve the above -described objectives, and to ensure compliance with this
article; and
(7) Authorizing fees necessary to conduct inspections and monitoring of the stormwater system.
(Ord. No. 13342, § 1(23-140), 11-20-2006)
Sec. 70-493. - Definitions.
(a) The acronyms used herein are:
BMP I Best Management Practice
NPDES I National Pollutant Discharge Elimination System
MS4 I Municipal Separate Storm Sewer System
NCDENR ' North Carolina Department of Environment and Natural Resources
NOI I Notice of Intent
SWPPP I Stormwater Pollution Prevention Plan
USEPA I United States Environmental Protection Agency

(b) In this article, the following terms and phrases shall be defined as indicated unless the surrounding context
indicates such definition is clearly erroneous. The definitions shall apply whether the term is used in the singular
or in the plural, and whether or not the term is capitalized.
Best management practice (BMP) means government -approved controls, including both nonstructural and structural
measures that are designed to reduce the flow of stormwater runoff, or to reduce the amount or concentration of
pollutants that enter stormwater and/or the drainage system. Examples of nonstructural BMPs include inspections for leaks
and spills, general maintenance and good house keeping practices to prevent pollution, education, and on -site
maintenance of a spill cleanup kit. Examples of structural BMPs are facilities such as a roofed shed or elevated storage area
to keep precipitation or runoff from reaching raw material storage areas, bioretention cells, and retention and detention
ponds.
Clean wateractmeans the Federal Water Pollution Control Act (33 USC 1251 et seq.) and any subsequent amendments
thereto.
Director, unless otherwise specified, means the director of the department of public works of the city or any successor
department in which stormwater services is located, and includes any individual to whom the director delegates
responsibilities under this article.
Discharge means any release, spill, leak, pumping, flow, escape, dumping, deposit, or disposal of any gas, liquid, semi-
solid, or solid substance.
Drainage system means the system of natural and constructed conveyances for collecting and transporting stormwater,
whether publicly or privately owned. It includes lakes, ponds, rivers, perennial and intermittent streams, connected
wetlands, open ditches, catch basins and other inlets, pipes, sewers, drains, culverts, and, in addition, created stormwater
management facilities that provide partial treatment by passive means such as wet detention ponds, detention basins, and
stormwater wetlands. The MS4 and waters of the state within the city are components included within the drainage system,
among other components.
Guidelines means the written guidelines of the stormwater services division, or any successor division responsible for
stormwater management, approved by the director
Hazardous substance means materials or mixtures containing materials which pose a physical, environmental, health or
safety hazard by virtue of their ignitable, reactive, corrosive, highly irritating or sensitizing, carcinogenic or toxic properties.
Hazardous substances include, but are not limited to, those designated pursuant to 33 USC 1321(b)(2)(A), and those listed
or defined in 29 CFR 1910.1200, 40 CFR 116, and 40 CFR 261 subpart B.
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.
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.
Municipal separate storm sewersystem (M54) means the system of constructed conveyances, including municipal
streets, catch basins, curbs, gutters, pipes and ditches owned and operated by the municipality and designed or used for
collecting and conveying stormwater, and which is not intended to be used to convey sewage or other wastewaters. In the

city, the MS4 generally includes that part of the storm sewer system within street rights -of -way or on other city owned
property.
National Pollution Discharge Elimination System (NPDES) permit means a permit that authorizes the discharge of
pollutants to waters of the United States issued under the clean water act 33 USC 1242 by the USEPA, or issued by the
NCDENR under authority delegated by USEPA.
Nonstormwater discharge means any discharge to or pollution of the drainage system that is not entirely from a form of
natural precipitation.
Notice ofintentor NO/ means the notice of intent that is required by the NPDES stormwater multisector general permit
issued by USEPA, or the notice of intent required by an NPDES general permit issued by the NCDENR.
Person means any individual, partnership, co -partnership, LLC, firm, company, corporation, unincorporated association,
organization, joint stock company, trust, estate, institution, governmental entity or any other entity that owns a property,
conducts a business, or controls management or activities.
Pollutant means a substance that alters the chemical, physical, biological, thermal, or radiological integrity of water in a
manner that may cause or contribute to the impairment of waters of the state based on the water quality classifications
assigned under 15A NCAC 2B.0300. Pollutants include, but are not limited to: paints, varnishes, and solvents; gasoline and
other petroleum fuels; oil and other automotive fluids; detergents; food waste, including cooking oil and grease;
nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, floatables; insecticides, fungicides, herbicides and other pesticides; fertilizers; soot, slag, and ash; hazardous
substances and wastes; inadequately treated sewage, animal wastes, fecal coliform, Escheria coli and pathogens; dissolved
and particulate metals; hot water; wastes and residues that result from constructing a building or structure (including, but
not limited to, sediments, slurries, and concrete rinsates); eroded soils, sediments and particulate matter; and noxious or
offensive matter of any kind.
Pollution and polluted means containing pollutants.
Repeat violation means a violation occurring on the same property, or a violation by a person that has committed a
previous violation, or by an entity in which a previous person who has committed a violation is part owner or in partial
control. A violation for the purposes of determining a repeat violation includes, but is not limited to, violations in which the
violator has been notified of the violation by any governmental entity, whether or not any action, remedy, or penalty has
occurred as the result of such violation.
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.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of precipitation,
and resulting from such precipitation.
Storm water pollution prevention plan or SWPPP means a government -approved plan identifying actual or potential
pollutants that could enter the drainage system at a site, and which describes the best management practices that will be
employed to reduce pollutant discharges to the drainage system.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility after
use. Examples include water used for washing, flushing, cleaning, or in a manufacturing process.
Watercourse means the open channel and open water components of the drainage system and includes lakes, ponds,
rivers, perennial and intermittent streams, connected wetlands, open ditches, and stormwater management facilities such
as wet detention ponds, detention basins, and stormwater wetlands.
Waters of the state, as defined in G.S. 143-212(6), means any stream, river, brook, swamp, lake, sound, tidal estuary, bay,
creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or
natural or artificial, that is contained in, flows through, or borders upon any portion of this state, including any portion of
the Atlantic Ocean over which the state has jurisdiction.
(Ord. No. 13342, § 1(23-141), 11-20-2006)
Secs. 70-494-70-510. - Reserved.
DIVISION 2. - PROHIBITIONS AND REQUIREMENTS
Sec. 70-511. - Illicit discharges; containment of spills and discharges; plans to prevent discharges.
(a) Prohibition. The discharge, emission, disposal, pouring, or pumping, directly or indirectly, to the drainage system
of any liquid, solid, gas, or other substance, other than stormwater, is an illicit discharge and is prohibited, except
as allowed in section 70-513. This prohibition also includes airborne emissions where such emissions deposit
pollutants into the drainage system.
(b) Containment of discharges andspills,- notice. Persons responsible for property where an illicit discharge or a spill
that may enter the drainage system has occurred shall immediately take appropriate and timely action to contain
the discharge or spill. Such person shall notify the director within one working day and comply with all other
legally required reporting requirements.
(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.
(Ord. No. 13342, § 1(23-142), 11-20-2006)

Sec. 70-512. - Illicit connections.
(a) Prohibition. Construction, creation, or maintenance of an illicit connection is prohibited, except that maintenance
during a grace period may be allowed as described in subsection (c) of this section.
(b) Examples of illicit connections. Examples of illicit connections include, but are not limited to, pipes or ditches that
carry process wastewater or wash water to the MS4 or to watercourses, including but not limited to indoor drains
whether or not previously allowed under the building code.
(c) Removal, -grace period. Illicit connections that were legal prior to passage of the ordinance from which this article
is derived may continue to exist until June 1, 2007, at which point they must be removed. However, where the
connection has the potential to discharge hazardous substances, the connection shall be removed immediately
unless an extension is granted. The director may allow an extension of up to three months for removal of such
illicit connection upon a showing of substantial hardship and minimal risk to the public from the delay.
(Ord. No. 13342, § 1(23-143), 11-20-2006)
Sec. 70-513. - Authorized nonstormwater discharges.
The following discharges are not considered illicit discharges prohibited under this article:
(1) NPDES authorized. Discharges specifically authorized from a property by an NPDES individual or general
permit, a discharge waiver, or a waste discharge order, provided that the discharger demonstrates full
compliance with all requirements of the permit, waiver, or order in accordance with section 70-514.
(2) Flushing. Discharges of treated potable water used to flush and clean-up a sewage spill where sewage and
flush water are collected and returned to the sanitary sewer system, and discharges from water line flushing
that have been dechlorinated.
(3) Emergency firefighting orspill removal. Discharges from emergency firefighting activities, or emergency
remediation of a spill of a hazardous substances authorized by a federal, state, or local government on -scene
coordinator, and other discharges specifically allowed in writing by the director as necessary to protect public
health and safety.
(4) Dye testing. Dye testing using suitable dyes, if verbal notification is given to the director prior to the test.
(5) Specific listed activities. Certain conditionally exempt discharges listed in this subsection, provided they are
not found to be significant contributors of pollutants. The director may determine in writing that any such
discharge from any property is no longer exempt if there is evidence of significant pollution from such
discharge.
a. Water line flushing;
b. Landscape irrigation;
c. Diverted stream flows;
d. Rising groundwaters;
e. Groundwater infiltration;
f. Uncontaminated pumped groundwater;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensate (commercial/residential);

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 car 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.
(6) Wet/and dredging. Dredging or filling of wetlands authorized by a state or federal agency pursuant to the
clean water act if conducted in accordance with applicable requirements.
(7) Mitigation. Mitigation projects approved by a state or federal agency pursuant to the clean water act if
conducted in accordance with applicable requirements.
(8) Piping. Piping of streams or stabilization of stream banks and shorelines in accordance with requirements of
the Durham City -County Unified Development Ordinance and state or federal authorization and
requirements pursuant to the clean water act.
(9) Farming and forestry. Ongoing farming and forestry activities that are exempt from permit requirements of
section 404 of the clean water act, as specified in 40 CFR 302, conducted in accordance with applicable
requirements such as the provisions of 15A NCAC 2B .0233 regarding riparian buffers in the Neuse River
Basin.
(Ord. No. 13342, § 1(23-144), 11-20-2006)
Sec. 70-514. - Demonstration of compliance under NPDES permits, SWPPPs, BMPs, general NPDES permits, or similar
authorizations.
(a) Required documentation, on -site record maintenance. Properties subject to a plan to control discharges to the
drainage system under NPDES permits, SWPPPs, BMPs, or local permits must demonstrate compliance. The
following records shall be maintained on site and shall be available for inspection and copying by city
representatives upon request.
(1) A copy of the NPDES permit, state or EPA -issued order, SWPPP, or notice of coverage, as applicable, issued
for the premises, activity or operation;
(2) If applicable, a copy of the NPDES permit application, NOI to comply with a general NPDES permit, application
for an sedimentation and erosion control permit, or similar application;
(3) Any monitoring plan required as a provision of a permit, SWPPP, or BMP;
(4) All inspection and monitoring data collected for a three-year period, or such shorter period as the property
has been required to collect such data.
(b) Noncompliance. Failure to demonstrate full compliance with a permit, SWPPP, BMP, or other legal authorization,
and failure to obtain a permit required under applicable law, shall, among other things, result in a discharge
being considered an illicit discharge under section 70-511.

(Ord. No. 13342, § 1(23-145), 11-20-2006)
Sec. 70-515. - Pollution prevention requirements for automotive activities.
(a) Secondary containment,• spill cleanup kits. Motor oil, antifreeze, other automotive fluids, and other petroleum
products that are stored outdoors shall have secondary containment and shall be stored under a covered area.
Gas stations, other fuel -dispensing facilities, nonresidential properties on which ten or more gallons of
petroleum or automotive products are stored, and tow -truck operators shall maintain a spill clean-up kit of a
type and size to meet guidelines.
(b) Auto towing, maintenance, service, salvage. Properties that are used for storage of towed vehicles, vehicle
maintenance, vehicle service, or salvage of vehicle parts from vehicles shall have:
(1) One or more spill clean-up kits of a type and size to meet guidelines;
(2) Secondary containment and a covered storage area for substances covered under subsection (a) of this
section;
(3) Covered bays in which all vehicle service or maintenance shall be conducted, except for emergency road
service, glass repair, and electrical service, such as battery replacement; and
(4) Storage for vehicle parts, both new and used, so that the parts are not exposed to stormwater runoff or
precipitation.
(c) Spills/leaks. Persons responsible for property where a spill or leak of automotive or petroleum products has
occurred shall clean up the spill or leak and report it in accordance with section 70-511(b).
(d) NPDES permit. Demonstration under section 70-514 of compliance with a valid NPDES permit that specifically
addresses an activity controlled under this section, and imposes different requirements than those stated in this
section, shall be deemed compliance with this section.
(Ord. No. 13342, § 1(23-146), 11-20-2006)
Sec. 70-516. - Stormwater pollution prevention plans (SWPPPs) for storage of salvaged vehicles.
(a) Submission of SWPPP. Storage often or more junked, salvaged, or unlicensed vehicles (hereafter "salvage
vehicles") outside, such that they are exposed to precipitation, shall require an SWPPP if the facility does not
possess an NPDES permit for such activity. The SWPPP shall be developed and submitted to the director in
accordance with the schedule below.
(1) By September 1, 2007, for facilities with 30 or more salvage vehicles; or
(2) By February 1, 2008, for facilities with more than ten but less than 30 salvage vehicles.
(b) Content of SWPPP. The SWPPP shall be in compliance with guidelines and shall prevent the discharge of used
motor oil and other petroleum products, antifreeze, solvents, other automotive fluids, brake dust, sediment from
land disturbance, and other pollutants. The SWPPP shall include the following and such other information as may
be required in guidelines:
(1) A map showing the general location of the facility, and a separate site map, drawn to scale, showing location
of structures, drainage features on the property, salvage autos, and vehicle parts and equipment cleaning
areas;
(2) A description of storage practices, loading and unloading activities, outdoor process areas, activities that
generate dust or particulates, and waste disposal practices;

(3) A list of significant spills or leaks of pollutants that have occurred at the site during the three previous years anc
corrective actions taken in response;
(4) Methods, in accordance with guidelines, to reduce risk of stormwater pollution, such as secondary
containment, and BMPs; and
(5) Monitoring schedule and method for documenting compliance with the SWPPP.
(c) Alternative SWPPP. A SWPPP developed pursuant to a valid NPDES general or individual permit for stormwater
discharge shall be deemed compliant with this section provided compliance is demonstrated under 70-514.
(d) Maintenance ofSWPPP. The SWPPP shall be maintained on site, and shall be readily available for review by the
city upon request.
(Ord. No. 13342, § 1(23-147), 11-20-2006)
Sec. 70-517. - Pollution prevention requirements for hazardous substances.
Hazardous substances that are stored outdoors shall have secondary containment and shall be stored in a covered area.
Where the volume or location of hazardous substances presents a risk of pollution to the drainage system, the director may
require a person to submit an SWPPP or application for a local permit for approval, and to follow such SWPPP or permit.
(Ord. No. 13342, § 1(23-148), 11-20-2006)
Sec. 70-518. - Spills and releases of pollutants.
(a) Containment. Persons responsible for a spill or other release of pollutants upon the roads, highways, or in the
right-of-way shall take appropriate and timely action to contain and clean up the spilled material to prevent it
from entering any drainage system. Appropriate action may include contracting with a third party that is licensed
by the state to handle and dispose of the spilled material.
(b) Report. A person responsible for a spill that is subject to G.S. 143-215.75 et seq. or other applicable law shall
immediately report the spill to the Durham City -County Emergency Management System ("EMS"). The Durham
City -County EMS shall report all spills, with details as to location and nature of the spill, within one working day to
the director.
(Ord. No. 13342, § 1(23-149), 11-20-2006)
Secs. 70-519-70-524. - Reserved.
DIVISION 3. - INSPECTIONS
Sec. 70-525. - Authority to enter, inspect, and monitor; routine inspection program.
(a) Right to inspect. City representatives, upon presentation of credentials and other documents as may be required
by law, may enter public or private properties at all reasonable times to inspect, investigate, or monitor activities
and conditions subject to this article. If consent has not been given through a permit or other similar
authorization, or a person able to give consent has not consented to entry or inspection, or entry is not

otherwise authorized, the director shall obtain an administrative search warrant from a magistrate as provided
under G.S. 15-27.2. The director shall show either that the property is subject to a routine inspection program
and inspection under such program is due, or that probable cause exists to inspect.
(b) inspection activities. City representatives are authorized to do the following as necessary to determine
compliance or noncompliance with this article:
(1) Observe, inspect, measure, sample, test, and monitor;
(2) Place devices to remain on site for runoff or discharge sampling, monitoring, flow measuring, or metering;
(3) Inspect, copy, or examine any records, reports, plans, test results or other information; and
(4) Photograph or video record property conditions, activities, potential causes of pollution, and potential
violations.
(c) Confidential information. City representatives shall treat as confidential information the composition of materials
and substances documented during an investigation if a claim is timely made and substantiated that such
substances are trade secrets.
(d) Obstruction. No person shall obstruct, hamper, or interfere with a city representative carrying out official duties.
Upon presentation of credentials by city inspectors, necessary arrangements shall be made to allow immediate
access onto premises or into an area protected by security measures. Any obstruction to the safe and easy
access to property, a facility or enclosure on property, or to monitoring devices shall immediately be removed.
Unreasonable delays in providing safe and reasonable access or removing obstructions shall be a violation of this
article.
(e) Routine inspection program. The director may establish, though guidelines, a routine inspection program for
properties, businesses, or other activities in order to gather information regarding stormwater, pollution of the
drainage system, and compliance with this article. The inspection cycles for categories of properties, businesses,
or activities may differ depending on location, proximity to particular streams or other waters of the state, prior
history, type of business or activity conducted on site, size of facility, nature of substances on site, or other
parameters related to the objectives of this article.
(Ord. No. 13342, § 1(23-150), 11-20-2006)
Secs. 70-526-70-530. - Reserved.
DIVISION 4. - DRAINAGE SYSTEM MAINTENANCE; CONSTRUCTION PERMITS
Sec. 70-531. - Maintaining drainage systems; permitted alterations.
(a) Maintaining clear drainage system. All persons shall keep and maintain the drainage system, both surface and
underground, located on their property free from obstructions, trash, and debris.
(b) Obstructing drainage system. No person shall deposit, or allow or cause to be deposited, into any part of the
drainage system, including, but not limited to, street gutters, catchbasins, ditches, pipes, and streams, any
material or substance that will cause or contribute to blockage or reduced discharge of the drainage system, or
that will damage the drainage system. This includes, but is not limited to, refuse, rubbish, construction waste,
leaves, landscaping debris, garbage, and dirt and sediment.
(c) Upset. The prohibition above shall not apply to NPDES-authorized discharges of sediment that result from an

upset as defined in the applicable NPDES permit.
(d) Permitted activities. The provisions above do not prohibit the construction, reconstruction or alteration of
drainage systems and BMPs that comply with city design standards and sound engineering practices where
construction is in accordance with section 70-533, or the applicable sedimentation and erosion control program,
and where the work employs adequate sediment and erosion control practices.
(Ord. No. 13342, § 1(23-151), 11-20-2006)
Sec. 70-532. - Obstructing the free flow of water.
No person shall construct, install or maintain any stormwater or drainage system in such a manner as to obstruct or
impede the free flow of water. This section does not apply to the construction, reconstruction or alteration of drainage
systems and BMPs in compliance with city design standards and sound engineering practices and for which a permit or
other approval has been secured from the city's stormwater services division.
(Ord. No. 13342, § 1(23-152), 11-20-2006)
Sec. 70-533. - Permit requirements for construction; fees.
(a) Approvals for BMPs, construction connecting to MS4. All construction of, or nonroutine maintenance work on a
BMP, or other drainage feature that is intended to prevent pollutants from entering the drainage system, or a
natural or constructed portion of the drainage system that directly connects to the MS4 or to the waters of the
state shall require a permit or other approval from the city.
(b) Guidelines.
(1) Guidelines may require that:
a. Permits or approvals be obtained for other work on the drainage system;
b. Certain work is exempt from permitting or approvals, based on:
1. The nature of the activity;
2. The size of the infrastructure;
3. Other permits that are in place; and
4. Other criteria relevant to drainage system impacts; and
c. Mandated practices for work on the drainage system be followed in lieu of obtaining a permit or
approval.
(2) Guidelines may also specify the information required to be submitted for a permit or approval, or for a
determination that a permit or approval is not required.
(c) Fees. The city shall establish appropriate fees to recover the costs of review of applications and issuance of
permits and approvals authorized in this division, and for the monitoring of BMPs and other drainage features
that discharge directly or indirectly to the MS4. The city may also require security instruments or other financial
guarantees, or payment into a fund in lieu of such guarantees, to ensure the continuous upkeep and/or
reconstruction of city -required BMPs or other pollution prevention features.
(Ord. No. 13342, § 1(23-153), 11-20-2006)
Secs. 70-534-70-537. - Reserved.

DIVISION 5. -ADMINISTRATION AND ENFORCEMENT
Sec. 70-538. - Administration and enforcement of article and stormwater program.
The director is authorized to administer and enforce the provisions of this article and other regulations of the city
concerning the stormwater system unless a contrary intention is expressed in such other regulations. Among other things,
the director shall have the authority to issue guidelines to implement this article, and to establish fees, as authorized by the
city council, in the adopted budget or otherwise, to implement the stormwater activities authorized in this article and in
other sections of this Code. The director is also authorized to remediate any violations, to alter any previously issued
remedies, and, except as limited below, to settle any case or controversy arising under this article, including, but not limited
to, those subject to administrative remedies. In the event of judicial action that has been filed on behalf of or against the
city regarding this article or the city's stormwater program, any settlement shall be approved by the city manager or city
council, as applicable, consistent with the city manager's delegated settlement authority.
(Ord. No. 13342, § 1(23-154), 11-20-2006)
Sec. 70-539. - Declaration of violation; remedies.
(a) Violation. Failure to comply with the provisions of this article or the guidelines, conditions, plans, permits,
approvals, or other similar authorizations issued pursuant to this article is a violation of this article, unlawful, and
subject to all remedies authorized under law, including, but not limited to, those described in this division.
(b) Separate offense. Each day of a violation may be considered a separate violation or offense.
(c) Persons responsible. All persons considered under the definitions of this article to be responsible for a violation
shall be considered violators. Violators include, but are not limited to, owners of property where a violation
occurs; persons in the design or construction field who have created, directed, or assisted in the design or
construction of an improvement or feature in violation of the requirements of this article; and persons who have
control over the use or maintenance of property or the activities occurring on property where a violation has
occurred. Multiple violations may be charged against multiple individuals or entities for an action that violates
this article.
(d) Remedies not limited. The remedies provided herein, whether civil, criminal, or administrative, are not exclusive;
may be exercised singly, simultaneously, or cumulatively; may be combined with any other remedies authorized
under the law; and may be exercised in any order.
(e) Public nuisance. A violation that results in observable or detectable negative impacts to the drainage system or
to the public health or safety is a public nuisance and subject to all remedies for a nuisance available in law and
equity.
(Ord. No. 13342, § 1(23-155), 11-20-2006)
Sec. 70-540. - Remedies and penalties.
Remedies available for enforcement of this article, and penalties for its violation, include, but are not limited to, those
described in the following subsections. Pursuit of certain remedies and penalties requires compliance with the procedures
specified in section 70-541.

(1) Administrative remedies.
a. Show cause meeting. The director may have a meeting with the violator prior to taking any enforcement
action under this article. The violator shall receive notice of such meeting consistent with procedures in
section 70-541, and shall have an opportunity to be heard.
b. Consent orders. The director may enter into consent orders, assurances of voluntary compliance, or
other similar agreements with a violator. Such agreements shall include, but not be limited to, specific
action to be taken by the violator to correct the violation within the time period established in the order.
A consent order may also include a mitigation project undertaken to improve environmental quality of
the drainage system in the event that the director and the violator agree on such project as an additional
compliance measure to generally remediate the impacts of a violation.
c. Administrative orders. The director may direct a violator to comply with this article through an
administrative order which sets forth specific actions that must be taken and a timetable for taking them.
d. Mandatory security for compliance. The director may require a violator to post a bond or provide other
financial security of a type, form, and amount as specified in the discretion of the director, to assure
performance of any actions required to bring a property into compliance with this article.
e. Termination of utilityservice. Where it appears that the continuation of water and/or sewer service may
contribute to a violation of this article, as, for example, an illicit connection, utility service may be
terminated.
f. Costs added to utility bill. The costs of any action taken by the city to investigate and remediate a violation
of this article may be added to the violator's utility bill, and, if unpaid, may result in termination of utility
service as otherwise provided in this Code.
g. Termination of access. Any property on which illicit discharges to the MS4 have occurred may have their
access to the MS4 terminated if such termination would contribute to the likelihood that the illicit
discharge would be reduced or abated.
h. Withholding of inspections, permits, certificate of occupancy or other approvals. Building inspections;
permits for development or other improvements; requests for plan approval for zoning, subdivision,
other development or construction; and certificates of occupancy may be withheld or conditioned upon
compliance with this article until a violator with ownership or management of the property for which
permits or approvals are sought has fully complied with this article and all actions taken pursuant to this
article.
(2) Civil penalties.
a. Assessment ofpenalty. The director may assess civil penalties for violations of this article after providing
the violator notice and opportunity to respond described in the procedures set forth in section 70-541.
Such penalty, if unpaid within 30 days of notice to the violator that payment is due, may be collected
through a civil action in the nature of debt as described in subsection (3) of this section. The director shall
apply the standards and criteria set forth in subsections (2)b through (2)d of this section in determining
the amount of the penalty.
b. Penalty amounts forproperties used for nonresidential purposes. A maximum base penalty of up to
$10,000.00 per violation may be assessed for violations occurring on properties used, in whole or in part,
for nonresidential purposes or containing nonresidential uses, subject to the following limitations and
additions:

1. An additional $10.00 per gallon may be added to the base amount for an illicit discharge to the drainage
exceeds 1,000 gallons;
2. An additional 25 percent maybe added to the base amount for repeat violations; and
3. First-time violations on property, or by a person, shall be limited to $2,000.00 per violation unless the
property or person is an industrial activity subject to NPDES requirements.
c. Penalty amounts forproperties used for residential purposes. A maximum base penalty of up to $500.00
per violation may be assessed for violations occurring on properties used entirely for residential
purposes, subject to the following limitations and additions:
1. Penalties for blockages of the drainage system shall be limited to $100.00 per violation, except for
multifamily residential properties, or when the blockage causes off -site impacts.
2. The maximum base penalty may be doubled for repeat violations.
d. Criteria for assessing penalty. In determining the amount of the penalty, the director shall consider the
following factors in addition to any factors set forth in guidelines:
1. The degree and extent of harm to the environment, the public health, public property, and private
property;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality or on flood hazard;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Knowledge of the requirements by the violator, and/or reasonable opportunity or obligation to obtain
such knowledge;
7. Whether the violation was willful;
8. Actions taken by the violator to prevent or remediate the impacts;
9. Whether the violation is a repeat violation; and
10. The costs of enforcement to the city.
(3) Judicial actions.
a. Injunction, abatement. The director may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and/or an order of abatement or other equitable remedy that
requires, among other things, that action be taken on property to correct a violation. A violator who fails
to comply may be cited for contempt, and the city may execute the order under G.S. 160A-175(e). A
violator may also be subject to remedies available for a nuisance under G.S. 160A-193 or other law. Costs
of prosecution and/or correction and of remediation of the violation may be assessed as a lien on the
property upon which the violation has occurred, and collected as unpaid taxes, as provided by law.
b. Criminal prosecution and penalties. Violation of this article shall be a misdemeanor and is subject to the
maximum fine permitted under state statutes. Each day of the violation shall be a separate offense and
may be punished by imposition of the maximum fine.
c. Collection of civil penalties. Action may be instituted against the violator to recover any civil penalty that
has not been paid within 30 days of the date the violator receives notice of the penalty.
(Ord. No. 13342, § 1(23-156), 11-20-2006)

Sec. 70-541. - Procedures for notifying violator and meeting with director.
(a) Content of notice.
(1) Except in emergencies, as described hereafter, upon determining that a violation has occurred, the director
shall provide to each violator against whom remedial action or penalties may be pursued, written notice that
describes:
a. The location of the property and the nature of the violation;
b. A general description of the remedies and penalties that may be incurred if the violation is not corrected;
c. The action needed to correct the violation;
d. The time period during which corrective actions must occur;
e. How to provide explanatory or additional information and a contact person with whom the violation can
be discussed;
f. How to request a meeting with the director available for certain violations as described below; and
g. The deadline for providing information or requesting a meeting.
(2) Only one such notice shall be required to each violator, regardless of the number of remedies or penalties
that are pursued or the timing of their institution.
(b) Service. The notice shall be placed in an envelope bearing the name of the violator and, in addition, any names of
individuals upon whom service is intended. Delivery shall be by one or more of the following methods, as
appropriate:
(1) Certified or registered mail, return receipt requested;
(2) Hand delivery to the individual, if the violator is an individual;
(3) Hand delivery to an adult at the business or institutional address of the violator if the violator is an entity;
(4) Any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure;
or
(5) First class mail addressed to the violator, if notice of the violation is also posted at the violator's residence or
place of business, as may be appropriate.
(c) Delayin imposing certain remedies/penalties. Except in emergencies, as described hereafter, utility service shall
not be terminated under section 70-540(1)e., civil penalties shall not be assessed, and judicial action shall not be
initiated prior to the expiration of the time period allowed for the violator to correct the violation. The director
may extend the times allowed in the written notice for correction of the violation. The extension must be in
writing.
(d) Meeting. If the violator makes a timely request for a meeting with the director, during the time period set forth in
the notice provided under subsection (a) of this section, such meeting shall be scheduled at a time determined in
the discretion of the director prior to terminating utility service under section 70-540(1)e., imposing a civil
penalty, or initiating judicial action. The violator shall have the opportunity to present any information relevant to
the violation or proposed remedy or penalty at the meeting, in writing or orally.
(e) Additional written notice of termination of utility service or imposition of civil penalties.
(1) Except in emergencies as described hereafter, when the director determines to terminate utility service
under section 70-540(1)e., or assess a civil penalty, additional written notice of such proposed action shall be
given to the violator. The notice shall contain:

a. Copy of the notice initially given under subsection (a) of this section; and
b. The director's written determination regarding the termination of utility service and/or civil penalties to
be assessed and the reasons for such action.
(2) Service on the violator shall be as provided in subsection (a) of this section.
(3) A right to appeal prior to termination of utility services may be available as further provided in the utility
payment provisions of this chapter.
(Ord. No. 13342, § 1(23-157), 11-20-2006)
Sec. 70-542. - Emergencies.
If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate
danger to the public health, safety, or welfare, or to the waters of the state, then the director may order the immediate
cessation of the violation without utilizing the procedures described in section 70-541. Any person ordered to cease such
violation or to remedy such violation shall do so immediately. The director may seek immediate enforcement through any
remedy or penalty authorized in this article or other applicable law.
(Ord. No. 13342, § 1(23-158), 11-20-2006)
Secs. 70-543-70-551. - Reserved.