The purpose of this ordinance is to provide for the health,
safety, and general welfare of the citizens of the City of Colonial
Heights through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required
by federal and state law. This ordinance establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The
objectives of this ordinance are:
A. To regulate non-stormwater discharges to the municipal separate storm
sewer system (MS4);
B. To prohibit Illicit Connections and Illegal Discharges to the municipal
separate storm sewer system; and
C. To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
ordinance.
For the purposes of this ordinance, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials' storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Construction projects resulting in land disturbance of one
acre or more. Such activities include, but are not limited to, clearing
and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in §
245-6 of this ordinance.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any non-storm
water discharge including sewage, process wastewater, and wash water
to enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether such drain
or connection had been previously allowed, permitted, or approved
by the authorized enforcement agency; or,
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Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by the authorized
enforcement agency.
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INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26(b)(14).
PERSON
Means any individual, association, organization, partnership,
firm, corporation or other entity recognized by law and acting as
either the owner or as the owner's agent.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAIN SYSTEM
Facilities by which storm water 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.
STORM WATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and receiving waters to the maximum extent practicable.
WASTEWATER
Means any water or other liquid, other than uncontaminated
storm water, discharged from a facility.
This ordinance shall apply to all water entering the storm drain
system generated on any developed or undeveloped lands unless explicitly
exempted by the Department of Public Works.
The Department of Public Works shall administer, implement,
and enforce the provisions of this ordinance. Any powers granted or
duties imposed upon the Department may be delegated in writing by
the Director of the Department of Public Works to persons or entities
acting in the beneficial interest of or in the employ of the City.
The provisions of this Chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Chapter.
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 such permit may be required
in a form acceptable to the Department of Public Works prior to allowing
discharges to the Storm Drain System.
The Department of Public Works will adopt requirements identifying
Best Management Practices for any activity, operation, or facility
that may cause or contribute to pollution or contamination of storm
water, the storm drain system, or waters of the U.S. The owner or
operator of a commercial or industrial establishment shall provide,
at its own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the storm drain system
or watercourses through the use of these structural and non-structural
BMPs. Further, any person responsible for a property or premise, which
is, or may be, the source of an illegal discharge, may be required
to implement, at the person's expense, additional structural
and non-structural BMPs to prevent the further discharge of pollutants
to the separate storm sewer system. 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 compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
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 materials that would pollute or contaminate
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.
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 water of the U.S., such person shall take
all necessary steps to ensure the discovery, containment, and cleanup
of the release. In the event of such a release of hazardous materials,
the person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a
release of non-hazardous materials, the person shall notify the Department
of Public Works in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Department of Public
Works within three business days of the phone notice. 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 three years.
Whenever the Department of Public Works finds that a person
has violated a prohibition or failed to meet a requirement of this
Chapter, the Department may order compliance by written notice of
violation to the responsible person. Such notice may require without
limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or illegal discharges;
C. That violating discharges, practices, or operations shall cease and
desist;
D. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property;
E. Payment of a fine to cover administrative and remediation costs;
and
F. The implementation of source control or treatment BMPs.
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If abatement of a violation or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. The notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, representatives of the Department of Public
Works or a designated contractor shall enter upon the subject property;
and they are authorized to take all measures necessary to abate the
violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse
to allow a representative of the Department or its designated contractor
to enter upon the premises for the purposes set forth above. The expense
of such abatement and restoration shall be charged to the violator.
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Any person receiving a notice of violation may appeal the determination
of the Department of Public Works. The notice of appeal must be received
within three days from the date of the notice of violation. Hearing
on the appeal before the City Manager or his designee shall take place
within 12 days from the date of receipt of the notice of appeal. The
City Manager or his designee shall affirm, modify, or reverse the
decision of the Department of Public Works; and the decision of the
City Manager or his designee shall be final.
If the City Manager's decision in an appeal is to affirm,
wholly or in part, the decision of the Department of Public Works,
then representatives of the Department or a designated contractor
shall enter upon the subject private property and are authorized to
take all measures necessary to abate the violation and/or restore
the property. Provided however, the City Manager, at his sole discretion,
may stay such entry and action by the Department or its contractor
for a specified number of days if he determines that good cause exists
for such a stay. It shall be unlawful for any person, owner, agent
or person in possession of any premises to refuse to allow a representative
of the Department or its designated contractor to enter upon the premises
for the purposes set forth above.
Within 14 days after abatement of the violation, the owner of
the property shall be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within five days. If the
amount due is not paid within a timely manner as determined by the
decision of the City Manager or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
Any person violating any of the provisions of this article shall
become liable to the City by reason of such violation. The liability
shall be paid in not more than 12 equal payments. Interest at the
rate of 3.5 percent per annum shall be assessed on the balance beginning
on the 1st day following discovery of the violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Chapter, the Department of Public Works may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, and creek cleanup.
The remedies listed in this Chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law; and it is within the discretion of the Department of Public Works
to seek cumulative remedies.