(A) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring or pumping, directly or indirectly, to any storm water conveyance, the waters of the state, or upon the land in manner and amount that the substance is likely to reach a storm water conveyance or the waters of the state, any liquid, solid, gas or other substance, other than storm water; provided that non-storm-water discharges associated with the following activities are allowed, and provided that they do not significantly impact water quality:
(1) Water-line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 C.F.R. 35.2005(20));
(6) Uncontaminated, pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air-conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-storm-water 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 town.
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 storm water conveyance or storm water conveyance system that allow the discharge of non-storm water, other than the exclusions described in division (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 such connections exist in violation of this section and the connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using the connection shall remove the connection within one year following the effective date of this chapter. However, the one-year grace period shall not apply to connections that may result in the discharge of hazardous materials or other discharges posing 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 the 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;
the Storm Water Administrator shall designate the time within which the connection shall be removed.
(4) In setting the time limit for compliance, the Storm Water 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) Spills.
(1) Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the storm water conveyance system, shall be contained, controlled, collected and properly disposed of. All affected areas shall be restored to their preexisting condition.
(2) Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town Fire Chief of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage or any other liability that may be incurred as a result of the spill or leak, nor shall such notification relieve any person from other liability that may be imposed by state or other law.
(D) Nuisance. Illicit discharges and illicit connections that exist within the town limits are hereby found, deemed and declared to be dangerous or prejudicial to the public health or public safety, and are found, deemed and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in § 95.015(D) of this code, or in accordance with G.S. 160A-193.
(Ord. 14-O-312, passed 7-14-2014)