(A) Illicit discharges.
(1) Except as provided for below in this section, no person shall cause or allow the discharge, emission, disposal, pouring or pumping (directly or indirectly) of any fluid, solid, gas or other substance, other than stormwater, to any stormwater drainage conveyance, the municipal separate storm sewer system or to the waters of the state, or upon the land in such proximity to such waters (such that the substance is likely to reach a stormwater drainage conveyance, the MS4, or the waters of the state), The following non-stormwater discharges are deemed permitted and do not result in a violation of this section, provided that they do not significantly impact water quality:
(a) Dechlorinated filter backwash and drainage associated with swimming pools;
(b) Filter backwash and drainage associated with raw water intake screening and filtering devices;
(c) Condensate from residential or commercial air conditioning;
(d) Residential and charity vehicle wash water;
(e) Flushing and hydrostatic testing water associated with utility distribution systems;
(f) Discharges associated with emergency removal and treatment activities for hazardous materials, authorized by the federal, state or local government on-scene coordinator;
(g) Uncontaminated ground water (including the collection or pumping of springs, wells, or rising ground water and ground water generated by well construction or other construction activities);
(h) Collected infiltrated stormwater from foundation or footing drains;
(i) Collected ground water and infiltrated stormwater from basement or crawl space pumps;
(j) Irrigation water;
(k) Street wash water;
(l) Flows from firefighting;
(m) Discharges from the pumping or draining of natural watercourses or waterbodies;
(n) Unmodified potable water associated with flushing and cleaning of stormwater conveyances;
(o) Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; and
(p) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by Department of Environmental Management, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the city.
(2) Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, sediment, and litter.
(B) Exposure of substances to stormwater.
(1) It is unlawful for any person to manage or store any substances, liquid or solid, in a manner that permits exposure to stormwater if by reason of its nature, the substance:
(a) Is, or has the potential to be, harmful or toxic to human, animal, or plant health;
(b) Degrades or impairs water quality;
(c) Interferes or may interfere with free and rapid flow of surface water; or
(d) Adversely affects the State of North Carolina classification of the stream into which the stormwater drainage system discharges.
(2) Substances defined in subsection (B)(1) placed outdoors must be stored under a shelter or otherwise protected from being allowed into the stormwater runoff.
(C) Illicit connections.
(1) Connections to the municipal separate storm sewer system or stormwater drainage system that allow the discharge of non-stormwater, other than the exclusions described in subsection (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 it is determined that the 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, the Stormwater Administrator or his or her designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the city 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 polluting substances discharged to, or having the potential to be indirectly transported to the stormwater drainage system, shall be contained, controlled, collected and removed promptly. All affected areas shall be restored to their preexisting condition.
(2) Persons associated with the spill or leak shall immediately notify the City Fire Chief or his or her designee of all spills or leaks of polluting substances. 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 the 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 occur or exist within the city 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 may also be abated in accordance with the procedures set forth in section 12-3-4.
(Ord. No. 24-021, § 1, passed 4-11-2024)