§ 159.701  ILLICIT DISCHARGES AND CONNECTIONS.
   (A)   Illicit discharges. 
      (1)   No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:
         (a)   Water line flushing;
         (b)   Landscape irrigation;
         (c)   Diverted stream flows;
         (d)   Rising ground waters;
         (e)   Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
         (f)   Uncontaminated pumped ground water;
         (g)   Discharges from potable water sources;
         (h)   Foundation drains;
         (i)   Air conditioning condensation;
         (j)   Irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200);
         (k)   Springs;
         (l)   Water from crawl space pumps;
         (m)   Footing drains;
         (n)   Lawn watering;
         (o)   Individual residential and charity car washing;
         (p)   Flows from riparian habitats and wetlands;
         (q)   Dechlorinated swimming pool discharges;
         (r)   Street wash water;
         (s)   Flows from emergency fire fighting; and
         (t)   Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the City of Monroe Engineering Department.
      (2)   Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter.
   (B)   Illicit connections.
      (1)   Connections to a stormwater conveyance or stormwater conveyance 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 severs, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems.
      (2)   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 Ordinance. 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.
      (3)   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.
      (4)   The Stormwater Administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator 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.
   (C)   Suspension of MS4 access.
      (1)   Suspension due to illicit discharges in emergency situations.  The City of Monroe may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.
      (2)   Suspension due to the detection of illicit discharge.  Any person discharging to the MS4 in violation of this Ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency.
   (D)   Industrial or construction activity discharges.  Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Monroe prior to the allowing of discharges to the MS4.
   (E)   Watercourse protection.  Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, physical integrity of the watercourse.
   (F)   Spills. 
      (1)   Spills or leaks of polluting substances released, discharged to, or having the potential to 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.
      (2)   Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency 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 City of Monroe within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment 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.
      (3)   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 said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by state or other law.
   (G)   Nuisance.  Illicit discharges and illicit connections which exist within, the City of Monroe corporate 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 shall be abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation bf such nuisance may be taken.
(Ord. O-2007-24, passed 9-18-07)