(A) Connections to a stormwater conveyance system that allow or potentially allow the discharge of non-stormwater, other than the exclusions described in § 50.35, are unlawful. Prohibited connections include, but are not limited to: floor drains, domestic and commercial washing machines, commercial vehicle washing or steam cleaning, septic systems and sanitary sewers.
(B) 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 subchapter. 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.
(C) (1) Where it is determined that said connection:
(a) 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
(b) Was made in violation of any applicable regulation or ordinance, other than this section;
(2) The Village Manager or his or her designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Village Manager or his or her designee 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) When necessary to stop an actual or threatened discharge that is imminently dangerous or prejudicial to the public’s health or safety, the Village Manager or his or her designee may, without prior notice, order that a user’s access to the MS4 be suspended. If the violator fails to comply with this suspension order, the Stormwater Administrator may take such steps as deemed necessary to remove, abate or remedy the actual or threatened discharge. The user shall reimburse the village the full cost of such removal, abatement or remedy according to the terms of § 50.39(C). The user may appeal the decision of the Village Manager or his or her designee pursuant to § 50.40, but the user may not reconnect to the MS4 without prior written approval of the Village Manager.
(E) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 2009-05, passed 5-26-09; Am. Ord. 2022-03, passed 4-25-22)
Penalty, § 50.99