NCS000416_IDDE Ordinance Language_20230912

DIVISION 6. - ILLICIT DISCHARGES
Sec. 26-237. - Illicit discharges and connections.
(a) Illicit discharges. The discharge, emission, disposal, pouring, or pumping directly or indirectly any liquid, solid, gas, or other substance,
other than stormwater to any stormwater conveyance, the waters of the state, or upon the land in a manner or amount that the
substance is likely to reach a stormwater conveyance or the waters of the state is prohibited. Prohibited substances include: oil, anti-
freeze, chemicals, animal waste, paints, garbage, debris, or litter.
(b) Exemptions. Nonstormwater discharges associated with the following activities are allowed provided that they do not significantly
impact water quality:
(1) Waterline flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising groundwaters;
(5) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped groundwater;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;

(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated or deslinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the state, and
provided that any such discharges to the municipal separate storm sewer system shall be authorized by the town.
(c) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other
than the exclusions described in subsection (a) of this section, are unlawful. Prohibited connections include, but are not limited to:
floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam
cleaning, and wastewater from septic systems.
(2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision
or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of the ordinance from which this article is derived. However, the one-year
grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which
pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property,
natural resources, wildlife, or habitat.
(3) Where it is determined that said connection 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, other than this section; the stormwater administrator
shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the stormwater
administrator shall take into consideration:
a. The quantity and complexity of the work;
b. The consequences of delay;
c. The potential harm to the environment, to the public health, and to public and private property; and
d. The cost of remedying the damage.
(d) Spills.

(1) Spills or leaks of prohibited substances released, discharged to, or having the potential to be released or discharged to the
stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be
restored to their preexisting condition.
(2) Persons in control of the prohibited substances immediately prior to their release or discharge, and persons owning the property
on which the substances were released or discharged, shall immediately notify the fire chief and the stormwater administrator of
the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve
any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of
said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by state or other law.
(e) Nuisance. Illicit discharges and illicit connections which exist within the town limits are hereby found, deemed, and declared to be
dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such
public nuisances shall be abated in accordance with the procedures set forth in chapter 34, article III.
(Code 2003, § 32-96; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020; Ord. No. 022-059 , § 1(Exh. A), 7-21-2022)