CHAPTER 51: STORMWATER
Section
   51.01   Statutory and general authorization
   51.02   Definitions
   51.03   Purpose
   51.04   Jurisdiction
   51.05   Prohibitions
   51.06   Permitted incidental non-stormwater flows
   51.07   Powers and authority for inspection
   51.08   Enforcement remedies and penalties
   51.09   Appeal process
§ 51.01 STATUTORY AND GENERAL AUTHORIZATION.
   The state legislature has, in G.S. § 160A-459, authorized cities to adopt and enforce a stormwater control ordinance to protect water quality and control water quantity. As a result, the city implements, administers and enforces the provisions of this chapter.
(Ord. passed 10-8-2015)
§ 51.02 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   BUSINESS DAY. Any day that the city is open to the public to conduct business.
   CHARITY VEHICLE WASHING. Vehicle or equipment washing performed to raise money to be used for purposes other than making a profit.
   CITY. The City of Locust, North Carolina.
   CITY OF LOCUST. City staff that work to improve water quality and manage water quantity for all city residents.
   COMMERCIAL. Property devoted, in whole or part, to COMMERCE, that is, the exchange, buying and selling of commodities or services.
   DAY(S). Calendar days, including Saturdays, Sundays and holidays, unless otherwise specified.
   DISCHARGE. The addition of any pollutant, either directly or indirectly, to the stormwater system or waters of the state.
   EPA. The United States Environmental Protection Agency or other duly authorized official of that agency.
   G.S. North Carolina General Statute.
   ILLICIT CONNECTION. Any physical connection, actual or potential flow discharge, or other condition that could allow non-stormwater to enter the stormwater system.
   ILLICIT DISCHARGE. Any discharge not composed entirely of stormwater that may directly or indirectly enter the stormwater system or waters of the state, except as exempted in § 51.06 of this chapter.
   ILLICIT DISPOSAL. The same as ILLICIT DISCHARGE.
   IMPROPER DISPOSAL. The release of matter or fluids other than atmospheric precipitation at a location where the matter or fluid can enter the stormwater system.
   INCIDENTAL. Occurring by chance or without intention or calculation; also minor, casual or subordinate in significance or nature.
   INDUSTRIAL. A business engaged in industrial production or service, that is, a business characterized by a manufacturing or productive enterprise or a related service business.
   MANAGER. The person designated by the city to manage stormwater services, and who is charged with certain duties and responsibilities by this chapter, or that person’s duly authorized representative.
   NC DENR. The North Carolina Department of Environment and Natural Resources.
   NON-STORMWATER. Any flow that is not from or a form of natural precipitation.
   NPDES PERMIT. The National Pollutant Discharge Elimination System Permit issued pursuant to the federal Clean Water Act, 33 U.S.C. § 1251 et seq.
   PERSON. Any individual, partnership, firm, association, company, trust, estate, corporation, commission, institution, utility, governmental entity or other legal entity, or their legal representatives, agents or assigns.
   POLLUTANT. A substance that alters the chemical, physical, biological, thermal and/or radiological integrity of stormwater, groundwater or surface water.
   POLLUTION and POLLUTED. Containing pollutants.
   RECEIVING STREAM. The body of water, stream or watercourse receiving the discharge waters from the stormwater system, or formed by the water discharged from the stormwater system.
   RIPARIAN. Relating to, living or located on the bank of a natural watercourse or waterbody.
   RUNOFF. The excess portion of precipitation that does not infiltrate the ground, but flows over the ground and into a conveyance or watercourse.
   STATE.
      (1)   When referring to regulatory authority, the North Carolina Department of Environment and Natural Resources or any duly authorized representative thereof;
      (2)   Otherwise, the State of North Carolina.
   STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   STORMWATER ADVISORY COMMITTEE or COMMITTEE. A committee made up of the City Administrator, City Planner, City Clerk, and City Engineer.
   STORMWATER SYSTEM. The network of curbs, gutters, inlets, pipes, ditches, swales, ponds, detention and retention basins, streams and other natural or manmade facilities and appurtenances that serve to collect and convey stormwater through and from a given drainage area.
   UNCONTAMINATED. Not containing any pollutants.
   UNMODIFIED POTABLE WATER. Tap water that has not had detergents, acids, degreasers, surfactants or other agents added to or mixed with it, regardless of whether the added agent is labeled as or generally considered to be biodegradable.
   WASH WATER. A subset of wastewater, any water or liquid discharged after and as a result of conducting washing or cleaning activity.
   WASTEWATER. Any water or other liquid, other than uncontaminated stormwater or uncontaminated potable water, discharged from a facility after use. Examples include water used for washing, flushing, cleaning, or in a manufacturing process.
   WATERS OF THE STATE. As defined in G.S. § 143-212(6), any intermittent or perennial stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this state, including any portion of the Atlantic Ocean over which the state has jurisdiction.
(Ord. passed 10-8-2015)
§ 51.03 PURPOSE.
   (A)   The purpose of this chapter is to protect water quality by controlling the level of pollutants in the stormwater system, and by making it illegal for certain pollutants to enter the stormwater system. This chapter is supplemental to and in no way replaces regulations administered by the state or federal government.
   (B)   The objectives of this chapter are:
      (1)   To regulate the contribution of pollutants to the municipal stormwater system;
      (2)   To prohibit illicit connections and illicit discharges to the municipal stormwater system; and
      (3)   To establish legal authority to carry out all inspection, surveillance, monitoring, enforcement and penalty procedures necessary to ensure compliance with this chapter.
(Ord. passed 10-8-2015)
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