§ 15.4 ILLICIT DISCHARGES.

   15.4.1   Illicit discharges and connections.

   (A)   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 manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:

      (1)   Water line flushing;

      (2)   Landscape irrigation;

      (3)   Diverted stream flows;

      (4)   Rising ground waters;

      (5)   Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(20));

      (6)   Uncontaminated pumped ground water;

      (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 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 (name of Phase II jurisdiction).

      Prohibited substances include, but are not limited to, oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter.

   (B)   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 division (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.

      (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 this ordinance. 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:

         (i)   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

         (ii)   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:

         (iii)   The quantity and complexity of the work;

         (iv)   The consequences of delay;

         (v)   The potential harm to the environment, to the public health, and to public and private property; and

         (vi)   The cost of remedying the damage.

   (C)   Spills.

      Spills or leaks of polluting 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.

      Persons in control of the polluting 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 Town Public Safety 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.

   (D)   Nuisance. Illicit discharges and illicit connections which exist within the town 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 and the same shall be addressed as slowed by G.S. § 160A-193 or other applicable law. Such public nuisances shall be abated in accordance with the procedures set forth in Article 4.