Division IV. Illicit Discharges and Connections
Chapter 13.60
NON-STORMWATER DISCHARGE
Sections:
13.60.010 Purpose and authority.
13.60.040 Discharges to the city’s storm sewer system or local waters.
13.60.060 Require the use of best management practices.
13.60.070 Reporting requirements.
13.60.080 Violations, enforcement, and penalties.
13.60.090 Compatibility with other permit and title requirements.
13.60.010 Purpose and authority.
The purpose of this Division IV of this title is to provide for the health, safety, and general welfare of the citizens of the city of Staunton and to protect the quality of state and local waters from the potential harm of non-stormwater discharges. Pollutants in stormwater from many sources have an adverse impact upon the quality of receiving waters. Major sources of stormwater that cause water quality impacts include construction sites, illicit connections, illicit discharges and industrial activities. The National Pollutant Discharge Elimination System (NPDES) permit requirements for Municipal Separate Storm Sewer Systems (MS4s) require the city of Staunton to control through ordinance, permit, contract or other available means the contribution of pollutants into the city’s storm sewer system and local waters. Division IV of this title seeks to advance these purposes through the following initiatives:
(1) Regulate non-stormwater discharges entering the city’s storm sewer system and local waters;
(2) Establish methods for controlling the introduction of pollutants into the city’s storm sewer system and local waters in compliance with requirements of the Virginia Pollutant Discharge Elimination System’s (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems;
(3) Establish local legal authority to carry out inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this title;
(4) Seek to assure compliance with the applicable provisions of Virginia law. (Ord. 2016-16).
13.60.020 Definitions.
Words and phrases used and contained in this Division IV of this title shall have the meanings ascribed to them by Section 9 VAC 25-870-10 of the Virginia Stormwater Management Program Regulations, as amended. The following words and terms used in Division IV of this title have the following meanings unless otherwise specified herein. If definitions differ or conflict, those prescribed by Section 9 VAC 25-870-10 and incorporated herein shall have precedence and control unless the context demonstrates otherwise.
(1) “Administrator” means the designated city staff person or department responsible for administering the Illicit Discharge Detection and Elimination Program on behalf of the locality. The administrator for the city of Staunton shall be the city engineer or designee or other person designated by the city manager.
(2) “Best management practice (BMP)” means a schedule of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the city’s storm sewer system or local waters.
(3) “Hazardous material” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(4) “Illicit connection” means any connection, in any manner whatsoever, to the city’s storm sewer system or local waters which is not authorized by applicable state law or city ordinance, and which has not been approved by the city in accordance with applicable city ordinances.
(5) “Illicit discharge” means any discharge to the city’s storm sewer system or local waters that is not composed entirely of stormwater, except discharges pursuant to a separate VPDES or state permit (other than the state permit for discharges from the city’s MS4), discharges resulting from firefighting activities, and discharges identified by and in compliance with this Division IV of this title.
(6) “Local waters” means all water, on the surface and underground, wholly or partially within or bordering the city of Staunton or within its jurisdiction, including wetlands.
(7) “Non-stormwater discharge” means any discharge to the storm sewer system that is not composed entirely of stormwater.
(8) “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that same may cause or contribute to pollution; floatables; pesticides; herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
(9) “Pollution prevention plan” means a document that is prepared in accordance with good engineering practices and that details the design, installation, implementation and maintenance of effective pollution prevention measures to minimize the discharge of pollutants.
(10) “Storm sewer system” means publicly owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
(11) “Stormwater” means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. (Ord. 2016-16).
13.60.030 Applicability.
Provisions of this Division IV of this title shall apply to all activities that cause or allow to be caused direct or indirect illicit discharges and illicit connections to the city’s storm sewer system or local waters. (Ord. 2016-16).
13.60.040 Discharges to the city’s storm sewer system or local waters.
(1) It shall be unlawful and a violation of this Division IV of this title to:
(a) Cause or allow any illicit discharge to the city’s storm sewer system or local waters;
(b) Cause or allow any illicit connection to the city’s storm sewer system or local waters;
(c) Dump or discharge, or to allow another person to dump or discharge, refuse, garbage, trash, litter, rubbish, ashes, street cleanings and industrial solid waste, or any other material or pollutant, natural or synthetic, into the city’s storm sewer system or local waters, unless the dumping or discharge is expressly authorized by the code of the city of Staunton; or
(d) Violate any condition or provision of this Division IV of this title, or any permit or approval granted to allow any stormwater discharge to the city’s storm sewer system or local waters.
(2) Subject to the provisions of this Division IV of this title, the following activities shall not be unlawful illicit discharges:
(a) Discharges from public safety activities, including, but not limited to, law enforcement and fire suppression;
(b) Discharges associated with any breakages or the maintenance or repair of public water, sanitary and storm sewer lines and public drinking water reservoirs and drinking water treatment or distributions systems conducted in accordance with applicable federal and state regulations and standards;
(c) Discharges associated with any activity by the city, city employees and designees, in the maintenance of any component of a city-maintained stormwater management facility conducted in accordance with applicable federal and state regulations and standards;
(d) Discharges specified in writing by the administrator or designee as being necessary to protect public health and safety;
(e) Water line flushing;
(f) Landscape irrigation;
(g) Diverted stream flows or rising groundwaters;
(h) Infiltration of uncontaminated groundwater (as defined by 40 CFR 35.2005(20));
(i) Pumping of uncontaminated groundwater;
(j) Discharge from potable water sources, foundation drains, irrigation water, springs, crawl spaces or footing drains;
(k) Air conditioning condensation;
(l) Lawn watering;
(m) House washing;
(n) Noncommercial washing of vehicles;
(o) Dechlorinated swimming pool discharges with pH between 6.0 to 8.0 standard units, at ambient water temperature, and with less than one parts per 1,000,000 of chlorine;
(p) Street washing;
(q) Application of salts or other de-icing substances to streets, sidewalks and parking lots;
(r) Discharges associated with dye testing, provided that the administrator is given a verbal notification prior to the time of the test.
(3) If any activity listed in subsection (2) of this section is found by the administrator or designee to be a source of pollutants to the city’s storm sewer system or local waters, the administrator or designee shall serve a written notice on the party responsible for the activity which orders that the activity be ceased or conducted in a manner that will avoid the discharges of pollutants to the city’s storm sewer system or local waters. The notice shall state the date by which the activity shall cease or be conducted without pollution. Failure to comply with such order within the time stated in the notice shall result in the revocation of any exemption listed in subsection (2) of this section and constitute a violation of this Division IV of this title. (Ord. 2016-16).
13.60.050 Right of entry.
In order to assure compliance with the provisions of this Division IV of this title, and all applicable city ordinances, state and federal laws, orders or regulations, the administrator or designee shall have the right to inspect any property, public or private, within the city at any reasonable time. In the event the administrator or designee shall be denied access to property, the administrator or designee may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a violation of this title has occurred, request that the magistrate or court grant the administrator or designee an inspection warrant to enable the administrator or designee to enter the property for the purpose of determining whether a violation of this title exists. The administrator or designee shall make a reasonable effort to obtain consent from the owner or occupant of the subject property prior to seeking the issuance of an inspection warrant under this section. It shall be a violation of this section for any person to deny the administrator or designee access to any property after the administrator or designee has obtained an inspection warrant from the magistrate or a court of competent jurisdiction for the inspection of such property. (Ord. 2016-16).
13.60.060 Require the use of best management practices.
The city may require the use of best management practices (BMPs) to prevent, control and reduce stormwater pollutants for any activity, operation or facility which may cause or contribute to pollution or contamination of the city’s storm sewer system or local waters. The owner or operator of a commercial or industrial establishment shall provide, at the expense of the owner or operator, reasonable protection from accidental discharges of prohibited materials or other wastes into the city’s storm sewer system or local waters through the use of structural and nonstructural BMPs. Furthermore, any person responsible for a property or premises which is or may be the source of any illicit discharges may be required to implement, at such person’s expense, additional structural and nonstructural BMPs and/or implement a pollution prevention plan to prevent the further discharges of pollutants to the city’s storm sewer system or local waters. (Ord. 2016-16).
13.60.070 Reporting requirements.
Illicit discharges to the city’s storm sewer system or local waters are prohibited. Any person owning or occupying a premises or facility thereon who has knowledge of a discharge of pollutants from those premises or facilities which might result in a violation of the prohibitions found in SCC 13.60.040 shall immediately take action to abate the discharge and shall notify the city within 24 hours of the discharge. Discharges of hazardous materials or hazardous substances shall be immediately reported by calling “911.” Failure to report a discharge as provided above is a violation of this title. (Ord. 2016-16).
13.60.080 Violations, enforcement, and penalties.
(1) Notice of Violation. Whenever the administrator or designee finds that a person or entity has violated a prohibition or failed to meet a requirement of this Division IV of this title, the administrator or designee may order compliance by written notice of violation to the responsible party. The notice of violation shall contain at least the following information:
(a) The name and address of the alleged violator;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this Division IV of this title and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the administrator by filing a written notice of appeal not later than 30 days of service of the notice of violation; and
(g) 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 the expense thereof shall be charged to the violator.
(h) The notice of violation may require without limitation:
(i) The performance of monitoring, analyses and reporting;
(ii) The elimination of illicit connections and/or discharges;
(iii) That violating discharges, practices or operations shall cease and desist;
(iv) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(v) Payment of the costs to cover administration and remediation; and
(vi) The implementation of source control or treatment BMPs.
(2) Any person who commits any act prohibited by this Division IV of this title shall be liable to the city for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the city’s storm sewer system or local waters.
(3) Any person or entity who commits any act prohibited by this Division IV of this title shall be subject to a civil penalty in an amount not to exceed $1,000 for each day that the violation continues. The court assessing such penalty may, at its discretion, order that the penalty be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.
(4) In addition to other remedies provided by the code of the city of Staunton and the Code of Virginia, any costs or fees that may be charged pursuant to this Division IV of this title that remain unpaid for more than 30 days after a bill or invoice was sent for such cost or fees, shall:
(a) Be reported and referred to the city treasurer who shall include those unpaid costs or fees in the next regular real estate tax bill sent to the owner of the real estate at which the cost of fees were incurred. All such unpaid costs and fees once reported and referred to the city treasurer shall constitute a lien against such real estate, and shall be collected as other taxes and liens are collected; or
(b) Be referred to the city attorney for collection through appropriate civil action.
(5) A willful violation of the provisions of Division IV of this title shall constitute a class 1 misdemeanor each day that a violation of this title is maintained or permitted to remain shall constitute a separate offense.
(6) The city may elect to take any or all of the above remedies concurrently in any combination, and the pursuit of one or more remedies shall not preclude the pursuit of others. (Ord. 2016-16).
13.60.090 Compatibility with other permit and title requirements.
The provisions of this Division IV of this title are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of Division IV of this title should be considered minimum requirements, and when any provision of Division IV of this title imposes restrictions different from those imposed by any other ordinance, rule or regulation, statute, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. 2016-16).
13.60.095 Severability.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Division IV of this title shall be judged invalid by a court of competent jurisdiction, such order or judgement shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Division IV of this title. (Ord. 2016-16).