[HISTORY: Adopted by the City Council of the City of Lebanon 4-2-2014 by Ord. No. 2014-1; effective 4-17-2014. Amendments noted where applicable.]
Mobile homes — See Ch. 106.
Sewer service — See Ch. 136.
Streets and sidewalks — See Ch. 152.
Editor's Note: This provisions of this chapter were originally adopted as Ch. 163, but were redesignated to fit the organizational structure of the Code.
The purpose of this chapter is to provide for the health, safety and general welfare of the citizens of the City through the regulation of nonstormwater discharges into the City's stormwater drainage system to the maximum extent practicable as required by federal and state law. This chapter controls and prohibits illicit connections and discharges into the City's separate storm drainage system in order to comply with the requirement of the National Pollutant Discharge Elimination System permit process, in conformity with the City's "Illicit Discharge Detection and Elimination Plan" (November 2011).
No person shall discharge, as defined in § 124-5 below, or cause to be discharged into any portion of the City's stormwater drainage system, also as defined below, any solid or liquid material of any kind, including but not limited to pollutants or waters containing any pollutants, other than water that consists entirely of stormwater, except that discharges of water from the following sources or under the following conditions are permitted:
Discharges resulting from landscape irrigation or lawn watering;
Natural riparian habitat or wetland flows, or infiltration to storm drains from groundwater or springs;
Diversion of nonpolluted natural stream flows or rising groundwater;
Unpolluted groundwater including unpolluted water from foundation drains;
The flushing of drinking waterlines or other potable water sources;
Noncommercial washing of vehicles;
Discharge from swimming pools, but only if nonchlorinated (defined as less than one PPM chlorine);
Discharges which are permitted, in advance and in writing, by the Director of Public Works as being necessary to protect public health and safety;
Dye testing, if permitted in advance, either verbally or in writing, by the Director of Public Works; and
Discharges permitted under a National Pollutant Discharge and Elimination System ("NPDES") permit, waiver, or waste discharge order, issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, order, or other applicable laws and regulations, and has obtained written advance permission from the Lebanon Director of Public Works.
The construction, use, maintenance or continued existence of any illicit connection, as defined in § 124-5 below, to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
The Director of Public Works shall have authority to investigate potential violations of § 124-2 above. Before entering any property for such purpose, the Director of Public Works shall first seek the consent of the owner of the property, or other party with a legal right to control access. In the event such consent is withheld or cannot be obtained within a reasonable period of time, the Director of Public Works shall have the authority to seek an administrative inspection warrant pursuant to RSA Ch. 595-B.
In the event the Director of Public Works determines that a property is in violation of § 124-2 above, the Director may issue a written notice of violation by certified mail to the property owner; provided, however, that nothing herein shall prevent the City, in emergency circumstances where the delay entailed by the notice process could result in a danger to health, safety or the environment, from commencing an enforcement action without such a notice of violation. Any such notice of violation shall:
Specify the actions or conditions that constitute the violation;
Identify any action required to be taken in order to correct the violation(s);
Establish a reasonable time frame for remedying the violation;
Notify the owner of record of the City's right to commence an enforcement action, which may include a request for fines, civil penalties, and/or injunctive relief.
As an alternative to a notice of violation under Subsection A above, the Director of Public Works may, in cases involving a potential danger to public health, request the City's Health Officer to issue an order under RSA Ch. 147, which may include provision for the abatement of the violation by the City, and collection of the City's abatement and other costs, using the procedures set forth in RSA 147:7-a and RSA 147:7-b.
The City may enforce § 124-2 above by means of legal action, seeking any or all remedies and penalties consistent with state law, including but not limited to fines of up to $1,000 pursuant to RSA 47:17, civil penalties of up to $10,000 per day of violation pursuant to RSA 149-I:6, and/or injunctive relief. In any legal action brought by the City to enforce this chapter, the City shall be entitled to recover its costs and reasonable attorney fees expended in connection with any such enforcement action if found to be a prevailing party.
This chapter and terms used herein shall, to the greatest possible extent, be interpreted in a manner consistent with the Clean Water Act, 33 U.S.C. § 1251 et seq., and with state and federal regulations adopted thereunder, as well as with the City's other ordinances, including but not limited to Chapter 136, Sewer Service. The requirements of this chapter are in addition to those of other federal, state or local laws, and are not a substitute therefor.
In addition, the following terms and phrases shall have the following meanings.
- DIRECTOR OF PUBLIC WORKS
- Includes a properly authorized designee.
- Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, including any direct or indirect entry, any solid or liquid matter into the storm drainage system, or in a location where it can reasonably be anticipated to flow into or enter the storm drainage system; or alternatively, the solid or liquid matter which is so disposed, deposited, spilled, poured, injected, seeped, dumped, leaked or placed into the storm drainage system.
- ILLICIT CONNECTION
- Any drain or means of conveyance, whether on the surface or subsurface, which causes or allows an illegal discharge to enter the storm drainage system, including but not limited to any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved; or any drain or conveyance from a commercial or industrial land use to the storm drainage system which has not been approved by an authorized enforcement agency, and documented in plans, maps, or equivalent records.
- Anything which causes or contributes to pollution, including but not limited to paints, varnishes, solvents, oil and other automotive fluids, nonhazardous liquid and solid wastes, yard wastes; refuse, rubbish, garbage, litter or other abandoned or discarded objects and accumulations, floatables, pesticides, herbicides, fertilizers, hazardous substances and wastes, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, construction wastes and residues, and noxious or offensive matter of any kind.
- Surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
- STORMWATER DRAINAGE SYSTEM OR SEPARATE STORM SEWER SYSTEM
- Publicly owned facilities, or any portion thereof, by which stormwater is meant to be collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, culverts, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered ditches, channels, reservoirs, and other drainage structures.