CHAPTER 6
ILLEGAL DISCHARGE AND CONNECTION TO STORMWATER

SECTION:

9-6-1: Purpose

9-6-2: Definitions

9-6-3: Applicability

9-6-4: Responsibility For Administration

9-6-5: Ultimate Responsibility

9-6-6: Discharge Prohibitions

9-6-7: Suspension Of MS4 Access

9-6-8: Commercial Or Industrial Activity, Including Construction Activity

9-6-9: Monitoring Of Discharges

9-6-10: Requirement To Prevent, Control, And Reduce Stormwater Pollutants By The Use Of Best Management Practices Or Proper Waste Management

9-6-11: Watercourse Protection

9-6-12: Notification Of Spills

9-6-13: Enforcement

9-6-14: Appeal Of Notice Of Violation And/Or Stop Work Order

9-6-15: Injunctive Relief

9-6-16: Violations Deemed A Public Nuisance

9-6-17: Criminal Penalties

9-6-18: Remedies Not Exclusive

9-6-19: Stormwater Management Utility Fees

9-6-1: PURPOSE:

The purpose of this Chapter is to provide for the health, safety and general welfare of the residents of the City through regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4), waters of the United States, and watercourses. This Chapter establishes methods for controlling the introduction of pollutants into the MS4 to comply with the National Pollutant Discharge Elimination System (NPDES) permit process and to:

   A.   Regulate the contribution of pollutants to the MS4 resulting from discharges,

   B.   Prohibit illegal connections and discharges to the MS4, and

   C.   Provide for the inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.(Ord. 863, 7-13-2021)

9-6-2: DEFINITIONS:

As used in this Chapter, unless the context otherwise requires, the words and terms defined in this section shall have the following meanings:

BEST MANAGEMENT PRACTICES (BMPs):	Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, a watercourse, or waters of the United States, to include stormwater, receiving water, or stormwater conveyance systems. BMPs include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may be structural or nonstructural.
CITY:	The City of Elko, Nevada to include its departments, agencies, officials, and employees.
CLEAN WATER ACT:	The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97- 117, 33 U.S.C. 1251 et seq.
COMMERCIAL ACTIVITY:	A task, conduct, enterprise, or undertaking of any kind with the goal of earing an economic profit.
CONSTRUCTION ACTIVITY:	An activity subject to an NPDES construction stormwater general permit issued by the State of Nevada. The term “construction activity” includes NPDES construction activities on a land disturbance of one (1) acre or more. The term “construction activity” also includes a land disturbance of less than one (1) acre if part of a larger common plan of development or sale that disturbs, or is proposed to disturb, one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONTAMINANT:	Any physical, chemical, biological, or radiological substance or matter which is added to water.
DIFFUSE SOURCE:	Any source of water pollution which is diffused to the extent that it is not readily discernible and cannot be confined to a discrete conveyance. This term is intended to be equivalent to the term "nonpoint source" as used in federal statutes and regulations.
DISCHARGE:	Any addition of a contaminant, pollutant, or pollutants to the MS4, waters of the United States, or a watercourse, including a "discharge of pollutant" as defined in 40 CFR § 122.2.
DISCHARGER:	A person who permits or causes a discharge into the MS4 or a watercourse.
ENFORCEMENT AGENCY:	The City department or agency designated to enforce this Chapter, to include its director, employees, and designees.
ENFORCEMENT OFFICIAL:	The City Environmental Coordinator, City Code Enforcement Officer, or any other City employee designated to serve as an Enforcement Official by the City Council to enforce the provisions of this Chapter.
FACILITY, OPERATION OR ACTIVITY:	Any source of a discharge, including land or appurtenances thereto, that is subject to regulation under an NPDES permit. The foregoing includes an action performed by or associated with a person or organization, such as a business organization, in the production of goods or delivery of services.
GENERATOR:	Any person, by site location, whose act, or process produces "solid waste" as defined in NRS 444.490, "hazardous material" as defined in NRS 459.7024, extremely hazardous material" as defined in NRS 459.7022, or "hazardous waste" as defined in NRS 459.432.
HAZARDOUS MATERIALS:	Any material, substance or waste that is or has the characteristic of being hazardous, toxic, ignitable, reactive or corrosive, including, without limitations, petroleum, PCBs, asbestos, materials known to cause cancer or reproductive problems and those materials, substances and/or waste, including infectious waste, medical waste, and potentially infectious waste, which are or later become regulated by any local governmental authority, the state of Nevada, or the United States government, including, but not limited to, substances defined as "hazardous substances", "hazardous materials", "toxic substances", or "hazardous wastes" in the comprehensive environmental response, compensation and liability act of 1980, as amended, 43 USC section 9601 et seq.; the hazardous materials transportation act, 40 USC section 1801 et seq.; the resource conservation and recovery act, 43 USC section 6901 et seq.; all corresponding and related state of Nevada and local statutes, ordinances and regulations, including, without limitation, any dealing with underground storage tanks; and in any other environmental law, regulation or ordinance now existing or hereinafter enacted.
ILLEGAL CONNECTIONS:	Either of the following: A.   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water conveyance system including, but not limited to, any conveyances which allow non-storm water discharge including, but not limited to, sewage and process wastewater to enter the storm water conveyance system and any connections to the storm water conveyance system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B.   Any drain or conveyance connected from a commercial or industrial land use to the storm water conveyance system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLEGAL DISCHARGE:	Any direct or indirect non-storm water discharge to the MS4, a watercourse, or waters of the United States, except as exempted in section 9-6-6(A) of this chapter.
INDUSTRIAL ACTIVITY:	An activity subject to an NPDES industrial permit as set forth in 40 CFR section 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):	A collection of structures (retention basins, ditches, underground pipes, etc.) owned and operated by the City and not connected to the sanitary sewer system that is designed to gather stormwater and discharge it, without treatment, into local streams and rivers.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT:	A permit allowing the City to legally discharge stormwater into local streams and rivers through the municipal separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:	A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
NON-STORM WATER DISCHARGE:	Any discharge that is not composed entirely of storm water.
PERSON:	Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner's agent.
PERSONAL SERVICE:	Hand delivery by and to an adult.
POLLUTANT, POLLUTION, OR POLLUTE:	Anything which causes or contributes to pollution, either directly or indirectly. Pollutants may include, but are not limited to: sediment, petroleum products, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; waste and residues that result from constructing a building or structure; site development of any kind; and noxious or offensive matter of any kind.
PREMISES:	Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RESPONDENT:	A person to whom a Notice of Violation, Stop Work Order, citation, or notice of civil infraction has been issued pursuant to this Chapter or a person who is formally accused by the City of violating this Chapter. The term "respondent" shall include any person defending a Notice of Violation, Stop Work Order, citation, notice of civil infraction, or complaint issued on the basis of a violation of this Chapter or who is otherwise subject to any punitive measure pursuant to this Chapter.
STOP WORK ORDER:	An order issued by the Enforcement Official which requires that all sources and/or causes of a non-stormwater discharge or polluted stormwater, to include activities not permitted under an approved Stormwater Pollution Prevention Plan on a site, be stopped.
STORM WATER:	Any surface flow runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER CONSTRUCTION GENERAL PERMIT:	A permit issued by the Nevada Division of Environmental Protection for stormwater disharges associated with construction activity.
STORM WATER CONVEYANCE SYSTEM:	Publicly owned facilities by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made drainage channels, reservoirs, and any other drainage structures.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP):	A document, approved by federal, state, or local agencies in accordance with federal, state, or local law, which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable and posted on-site.
WASTEWATER:	Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERCOURSE:	Any drainage or structure through which water may pass or drain and any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which have been delineated by federal, state, or local agencies in accordance with federal, state, or local laws.

 

In the event a term is used in this Chapter is not defined in this Chapter, but is defined in another Chapter in this Title 9, the definition contained in the other Chapter shall apply. (Ord. 863, 7-13-2021)