[Adopted 2-10-2015 by Ord. No. 15-02[1]]
[1]
Editor's Note: This ordinance provided an effective date of
4-1-2015.
A.
The Federal
Clean Water Act's National Pollution Discharge Elimination System
(NPDES) Phase II permit program and the Virginia Pollution Discharge
Elimination System (VPDES) govern discharges into municipal separate
storm sewer systems (MS4s), including the City's system. They require
that the City effectively prohibit nonstormwater discharges into the
system, and require that the City have a plan to detect and address
those discharges.
B.
The purpose
of this article is to protect water quality by complying with these
state and federal environmental regulations.
A.
No person
or other entity shall cause or allow others under its control to cause
any illicit discharge into the City's municipal separate storm sewer
system, violate any provision of this article, or violate the terms
of any NPDES or VPDES discharge permit in a way that causes an illicit
discharge into the City's municipal separate storm sewer system.
B.
Under
the Clean Water Act and Virginia law, the following are not illicit
discharges unless the City has identified them as significant contributors
of pollutants to our storm sewer system:
(1)
Water
line flushing;
(2)
Landscape
irrigation;
(3)
Diverted
stream flows;
(4)
Rising
groundwaters;
(5)
Uncontaminated
groundwater infiltration [as defined in 40 CFR 35.2005(20)];
(6)
Uncontaminated
pumped groundwater;
(7)
Discharges
from potable water sources;
(8)
Foundation
drains;
(9)
Air-conditioning
condensation;
(10)
Irrigation water;
(11)
Springs;
(12)
Water from crawl space and basement 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;
(19)
Charity car washes that follow the Virginia DEQ's fund raising car
wash guidelines;
(20)
Other de minimus discharges; and
(21)
Substances used to maintain public safety on the streets and sidewalks.
C.
If the City Manager or his designee determines that a particular discharge listed in Subsection B is a significant contributor of pollutants to our storm sewer system, he shall, by posting on the property, by regular mail, or by certified mail, serve all persons and other entities responsible for the discharge with a notice specifying the offending activity and stating a date by which those responsible must cease the offending activity. Failure to comply with the notice is a violation of this section, and each day of noncompliance is a separate violation.
The City Manager and his designees may inspect and monitor the
municipal separate storm sewer system to administer and enforce this
article. If the City Manager or his designee must enter private property
to administer or enforce this article, he shall make a reasonable
effort to obtain consent from the owner or person in charge of the
property before entering the property. If he is refused entry, he
may present sworn testimony to a magistrate or court and request the
issuance of an inspection warrant to enter the property.
