§ 3.02.00. Illicit discharge.

3.02.01.

Description. An illicit discharge is defined as any discharge to a municipal or county separate storm sewer system (stormwater drainage system) that is not composed entirely of stormwater runoff, except for discharges allowed under a national pollutant discharge elimination system (NPDES) permit or nonpolluting flows. These nonstormwater discharges occur due to illegal dumping or illegal connections to the stormwater drainage system. This model ordinance provides communities with the authority to deal with illicit discharges and establishes enforcement actions for those persons or entities found to be in noncompliance or that refuse to allow access to their facilities.

3.02.02.

Introduction. It is hereby determined that:

Discharges to Henry County's separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters;

These nonstormwater discharges occur due to spills, dumping and improper connections to Henry County's separate storm sewer system from residential, industrial, commercial or institutional establishments.

These nonstormwater discharges not only impact waterways individually, but geographically dispersed, small volume nonstormwater discharges can have cumulative impacts on receiving waters.

The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;

These impacts can be minimized through the regulation of spills, dumping and discharges into Henry County's separate storm sewer system;

Localities in the State of Georgia are required to comply with a number of state and federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper nonstormwater discharges to Henry County's separate storm sewer system.

It is determined that the regulation of spills, improper dumping and discharges to the Henry County's separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.

3.02.03.

General provisions.

A.

Purpose and intent. The purpose of this section is to protect the public health, safety, environment and general welfare through the regulation of nonstormwater discharges to Henry County's separate storm sewer system to the maximum extent practicable as required by federal law. This section establishes methods for controlling the introduction of pollutants into Henry County's separate storm sewer system in order to comply with requirements of the NPDES permit process. The objectives of this section are to:

1.

Regulate the contribution of pollutants to Henry County's separate storm sewer system by any person;

2.

Prohibit illicit discharges and illegal connections to Henry County's separate storm sewer system;

3.

Prevent nonstormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to Henry County's separate storm sewer system; and

4.

To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this section.

B.

Applicability. The provisions of this section shall apply throughout the unincorporated area of Henry County.

C.

Compatibility with other regulations. This section is not intended to modify or repeal any other ordinance, rule, regulation, other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

D.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this section shall be adjudged invalid by a court of law within Henry County, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this section.

E.

Responsibility for administration. Henry County Stormwater Management Department shall be responsible for the implementation and administration of this section. Authorized staff within the department, in cooperation with public officers of Henry County Code Enforcement, shall be responsible for the enforcement of the provisions contained herein.

3.02.04.

Prohibitions.

A.

Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into Henry County's separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.

The following discharges are exempt from the prohibition provision above:

1.

Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

2.

Discharges or flows from firefighting, and other discharges specified in writing by Henry County as being necessary to protect public health and safety;

3.

The prohibition provision above shall not apply to any nonstormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the state and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to Henry County's separate storm sewer system.

B.

Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to Henry County's separate storm sewer system is prohibited.

1.

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

2.

A person violates this ordinance if the person connects a line conveying sewage to Henry County's separate storm sewer system, or allows such a connection to continue.

3.

Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Henry County Water and Sewerage Authority.

4.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from Henry County requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to Henry County.

3.02.05.

Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to Henry County prior to allowing discharges to Henry County's separate storm sewer system.

3.02.06.

Access and inspection of properties and facilities. Duly authorized representatives from the Henry County Stormwater Management Department shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this section.

A.

If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access by stormwater management staff.

B.

The owner or operator shall allow stormwater management staff ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.

C.

Stormwater management staff shall have the right to set up on any property or facility such devices as are necessary in the opinion of Henry County to conduct monitoring and/or sampling of flow discharges.

D.

The stormwater management department may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to stormwater management staff. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

E.

Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of Henry County Stormwater Management Department and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

F.

Unreasonable delays in allowing stormwater management staff access to a facility is a violation of this section.

G.

If the stormwater management department has been refused access to any part of the premises from which stormwater is discharged, and stormwater management staff is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the stormwater management department may seek issuance of a search warrant from the magistrate court of Henry County.

3.02.07.

Notification of accidental discharges and spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, Henry County's separate storm sewer system, state waters, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than twenty-four (24) hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to Henry County Stormwater Management Department within three (3) business days of the phone or in person 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 (3) years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

Failure to provide notification of a release as provided above is a violation of this section.

3.02.08.

Violations, enforcement and penalties.

A.

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who has violated or continues to violate the provisions of this section, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

In the event the violation constitutes an immediate danger to public health or public safety, stormwater management staff are authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The stormwater management department is authorized to seek costs of the abatement as outlined in [subsection] 3.02.08.E.

B.

Notice of violation. Whenever the stormwater management department finds that a violation of this section has occurred, they may order compliance by written notice of violation.

1.

The notice of violation shall contain:

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 ordinance 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; and

f.

A statement that the determination of violation may be appealed to the Henry County Board of Commissioners by filing a written notice of appeal within thirty (30) days of service of notice of violation.

2.

Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

e.

Payment of costs to cover administrative and abatement costs; and

f.

The implementation of pollution prevention practices.

C.

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination to the board of commissioners. The notice of appeal must be received within thirty (30) days from the date of the notice of violation. Hearing on the appeal before the board of commissioners or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.

D.

Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fifteen (15) days of the decision of the appropriate authority upholding the decision by Henry County, then representatives of the stormwater management department may enter upon the subject private property and are authorized to take any and 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 the government agency or designated contractor to enter upon the premises for the purposes set forth above.

E.

Costs of abatement of the violation. Within fifteen (15) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within fifteen (15) days of such notice. If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said 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, at the discretion of the county attorney.

Any person violating any of the provisions of this section shall become liable to Henry County by reason of such violation.

F.

Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as Henry County shall deem appropriate, after Henry County has taken one (1) or more of the actions described above, Henry County may impose a penalty not to exceed one thousand dollars ($1,000.00) for each day the violation remains unremedied after receipt of the notice of violation.

G.

Criminal penalties. For intentional and flagrant violations of this section, Henry County may issue a citation to the alleged violator requiring such person to appear in the Magistrate Court of Henry County Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

H.

Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

I.

Remedies not exclusive. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and Henry County may seek cumulative remedies.

Henry County may recover attorney's fees, court costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.