(A) Authorization to adopt and impose best management practices. The city will adopt requirements identifying best management practices (BMPs) for any activity, operation, or facility, that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States as documented in a separate Stormwater Management Manual. Where BMPs requirements are promulgated by the city or any federal, State of North Carolina, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Stormwater Administrator will report to the City Council annually on the status of implementation of BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to be developed. BMPs developed under this program will be incorporated as part of the Stormwater Management Manual.
(B) New development and redevelopment. The city may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.
(C) Responsibility to implement best management practices.
(1) Notwithstanding the presence or absence of requirements promulgated pursuant to divisions (A) and (B) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the United States shall implement BMPs to the maximum extent practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
(2) BMPs required by the city can be obtained from the Stormwater Administrator's office by requesting the BMP information appropriate to a commercial or industrial activity from the Stormwater Management Manual.
(Ord. 2019-O-72, passed 9-10-2019)