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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, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly alter the flow or quality 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, or physical integrity of the watercourse.
(Ord. passed 5-17-2014)
Submission of Notice of Intent (NOI) to the Town of Stallings.
(A) 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 Storm Water Administrator prior to allowing discharges to the MS4.
(B) The operator of a facility, including construction sites, required to have an NPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the Storm Water Administrator at the same time the operator submits the original Notice of Intent to the EPA..
(C) The copy of the Notice of Intent may be delivered to the Storm Water Administrator either in person or by mailing it to:
Town of Stallings Storm Water Administrator
P.O. Box 4030
Stallings, NC 28106
(D) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent to the Storm Water Administrator.
(Ord. passed 5-27-2014)
(A) Right of entry: inspection and sampling. The Storm Water Administrator or his/her designee shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.
(1) If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Town of Stallings.
(2) Facility operators shall allow the Storm Water Administrator or his/her designee, ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performances of any additional duties as defined by state and federal laws.
(3) The Storm Water Administrator or his/her designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Storm Water Administrator or his/her designee to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) The Storm Water Administrator or his/her designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be properly removed by the operator at the written or oral request of the Storm Water Administrator or his/her designee and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the Storm Water Administrator or his/her designee access to a permitted facility is a violation of a storm water discharge permit and of this charge. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Storm Water Administrator or his/her designee reasonable access to the permitted facility for the purpose of conducting any activity authorized by this chapter.
(B) Search warrants. If the Storm Water Administrator or his/her designee has been refused access to any part of the premises from which storm water is discharged, and they are able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Storm Water Administrator or his/her designee may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. passed 5-27-2014)
The Town of Stallings has adopted a post construction ordinance (Chapter 52 of this Code) identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm water drain system, or waters of the state. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourse through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
(Ord. passed 5-27-2014)
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 waters of the state, 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 non-hazardous materials said person shall contact the Storm Water Administrator no later than the next business day. Notification shall be confirmed by written notice addressed and mailed to the Storm Water Administrator within ten business days of the initial notification contact. 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 ten years.
(Ord. passed 5-27-2014)
VIOLATIONS AND ENFORCEMENT
(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(2) In the event the violation constitutes an immediate danger to public health or public safety, the Storm Water Administrator or their designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.
(B) Warning notices. When the Storm Water Administrator or his/her designee finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Storm Water Administrator or his/her designee may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division shall limit the authority of the Storm Water Administrator or their designee to take any action, including emergency action or any other enforcement action.
(1) Notice of violation. Whenever the Storm Water Administrator finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Storm Water Administrator or his/her designee may order compliance by written notice of violation to the responsible person.
(a) The notice of violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the Board of Adjustments by filing a written notice of appeal within 30 days of service of notice of violation; and
7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and 100% of the expenses including, but not limited to engineering, administrative cost and attorney fees shall be charged to the violator.
(b) Such notice may require without limitation:
1. The performance of monitoring, analysis, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(C) Compensatory action. In lieu of enforcement proceedings and/or in addition to the penalties and remedies authorized by this chapter, the Storm Water Administrator or his/her designee may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other actions to be determined by the Storm Water Administrator or his/her designee.
(D) Suspension of MS4 access.
(1) Emergency cease and desist orders.
(a) When the Storm Water Administrator or their designee finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or the environment, the Storm Water Administrator or their designee may issue an order to the violator directing it immediately to cease and desist such violations and directing the violator to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) Any person notified of an emergency order directed to it under this division shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Storm Water Administrator or his/her designee may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other utility services. The Storm Water Administrator or his/her designee may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Storm Water Administrator or his/her designee that the period of endangerment has passed, unless further termination proceedings are initiated against the discharge under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measure taken to prevent any future occurrence, to the Storm Water Administrator or his/her designee within 30 days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not bar against, or be a prerequisite for, taking any other action against the violator.
(2) Suspension due to illicit discharges in emergency situations.
(a) The Storm Water Administrator or their designee 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 state. If the violator fails to comply with a suspension order issued in an emergency, the Storm Water Administrator or his/her designee may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to person.
(b) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this division (D), without prior approval of the Storm Water Administrator or his/her designee.
(Ord. passed 5-27-2014)
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