Loading...
(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
(A) 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.
(B) In the event of a known or suspected illicit discharge of hazardous materials into the MS4, the user shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a non-hazardous illicit discharge, the user shall notify the Stormwater Administrator in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Village of Clemmons Stormwater Administrator within three business days of the phone notice. If an illicit discharge emanates from a commercial or industrial land use, the user shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. 2009-05, passed 5-26-09)
(A) The Village Stormwater Administrator or designee shall have right of entry on or upon the property of any person subject to this subchapter and any permit/document issued hereunder. The Village Stormwater Administrator or designee shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this subchapter.
(B) Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Village Stormwater Administrator or designee will be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) The Village Stormwater Administrator or designee shall have the right to set up on the person’s property such devices as are necessary to conduct sampling and/or metering of the person’s operations.
(D) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the Village Stormwater Administrator or designee. The costs of clearing such access shall be borne by the person.
(E) The Village Stormwater Administrator or designee may inspect the facilities of any User in order to ensure compliance with the subchapter. Such inspection shall be made with the consent of the owner, manager, or signatory official. If such consent is refused the Village Stormwater Administrator or designee may seek issuance of an administrative search warrant.
(Ord. 2009-05, passed 5-26-09)
(A) (1) Notice of violation. Whenever the village finds that a user has violated this subchapter, the village shall notify the user, in writing by registered or certified mail, personal service or posting of said notice at the facility where the alleged violation occurred, that the user shall perform any or all of the following:
(a) Install equipment or perform testing necessary to monitor, analyze and report of the condition of the user’s storm drainage system;
(b) Eliminate illicit connections or discharges;
(c) Cease and desist all violating discharges, practices or operations;
(d) Abate or remedy the stormwater pollution or contamination hazards and restore any affected property;
(e) Pay a civil penalty; or
(f) Implement source control or treatment BMP(s).
(2) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the user fail to meet the deadline, then representatives of the village shall enter upon the facility and are authorized to take any and all measures necessary to abate the violation and/or restore the facility and the expense thereof shall be charged to the user and collected pursuant to division (C) of this section. Refusal to accept the notice shall not relieve the user of the obligation set forth herein.
(B) Civil penalties.
(1) Illicit discharges. Any user or other person, including but not limited to, a designer, contractor, agent, or engineer, who allows, acts, participates in, assists, or directs an illicit discharge, either directly or indirectly, shall be subject to civil penalties as follows:
(a) Yard waste and household products less than five gallons (volume based on best judgment of the village representative). First time offenders who discharge into the MS4 yard waste of five gallons or less of domestic or household products, where the quantity actually discharged is considered ordinary for household purposes shall be assessed a Category I civil penalty in the amount set forth in the schedule of civil penalties. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(b) Household products greater than five gallons, non-household products and unknown volume and nature. First time offenders who discharge into the MS4 more than five gallons of domestic or household products, who discharge substances generally not used in a home, including but not limited to process waste water, or who cannot provide clear and convincing evidence of the volume and nature of the substance discharged, shall be assess a Category II civil penalty. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(c) Waste products and bulk sales. First time offenders who discharge into the MS4 any substance that is a byproduct of a commercial or industrial process or any substance that was purchased at a bulk sales location shall be assess a Category II civil penalty. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(d) Repeat offenders. A User who discharges into the MS4 in violation of this subchapter more than once within a 12-month period, shall be assessed a civil penalty at one category level higher than the category assessed for a first time offender of the substance discharged. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(2) Illicit connections. Any user or other person, including but not limited to a designer, contractor, agent, or engineer, who allows, acts, participates in, assists, or directs the establishment of an illicit connection, either directly or indirectly, shall be subject to civil penalties as follows:
(a) First time offenders shall be assessed a Category II civil penalty in an amount set forth in the schedule of civil penalties. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(b) A user or person who is found to have violated division (B)(2)(a) of this section more than once within a 12-month period shall be assessed a Category III civil penalty in an amount set forth in the schedule of civil penalties. Each day’s continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.
(3) In the event the village is fined by the state or federal governments resulting from an illicit discharge or connection made by a user or other person, the user or other person at fault shall reimburse the village for the full amount of the civil penalty assessed by the state and/or federal governments as well as for the abatement costs incurred by the village during the investigation and restoration process pursuant to division (C) below.
(4) Civil penalties collected pursuant to this subchapter shall be credited to the Village of Clemmons Stormwater Fund.
(5) Schedule of penalties. The following civil penalties shall be imposed, up to the amount shown for each category, upon the user or person found to have violated this subchapter.
(a) Category I: civil penalty to not exceed $100 per day per violation.
(b) Category II: civil penalty to not exceed $500 per day per violation.
(c) Category III: civil penalty to not exceed $1,000 per day per violation.
(6) Penalty considerations. In determining the amount of the penalty, the Stormwater Administrator or designee shall consider:
(a) The degree and extent of harm to the environment, public health and public and private property.
(b) The cost of remedying the damage.
(c) The duration of the violation.
(d) Whether or not the violation was willful.
(e) The prior record of the person responsible for the violation in complying with this subchapter.
(f) The village’s enforcement costs and the amount of money saved by the violator through his, her or its noncompliance.
(C) Recovery of costs and fines. As authorized by G.S. § 160A-193, the offender shall be liable to the village for the civil penalty, all costs incurred by the village while enforcing this subchapter, including but not limited to: abatement costs, remedying the damage caused by the illicit discharge, restoring the facility, sampling, clean-up, the village’s administrative costs, costs of court, and costs of litigation, to include reasonable attorney’s fees. Within 30 days after the village has completed its abatement of the violation, restoration of the facility and/or its investigation and inspection, the violating user or person will be notified of the village’s total costs and the civil penalty, if any. The total amount due shall be paid within 30 days of the date of notice. If the amount due is not paid within 30 days, the charges shall constitute a lien on the land or premises where the nuisance occurred. A lien established pursuant to this division shall have the same priority and be collected as unpaid ad valorem taxes. The total amount due is also a lien on any other real property owned by the user within the village limits, except for the person’s primary residence. A lien established pursuant to this division is inferior to all prior liens and shall be collected as a money judgment. The user may avoid the lien on any other real property owned by the user within the village limits only if the user can show that the accrual or threatened discharge was created solely by another person. In the event that the user is able to pass the liability onto another person, the other person shall be liable to the village pursuant to this section.
(Ord. 2009-05, passed 5-26-09)
(A) Any order, requirement, decision or determination made by the Stormwater Administrator may be appealed to and decided by the Watershed Review Board.
(B) An appeal from a decision of the Stormwater Administrator must be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the Stormwater Administrator shall transmit to the Watershed Review Board all papers constituting the record upon which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Watershed Review Board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Watershed Review Board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown.
(D) The Watershed Review Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.
(Ord. 2009-05, passed 5-26-09)
(A) Illicit discharges and illicit connections which exist within the village are hereby found, deemed, and declared to be dangerous or prejudicial to the public health or public safety and are found, deemed, and declared to be public nuisances.
(B) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this subchapter, the village may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 2009-05, passed 5-26-09)
Loading...