Sec. 37.1-20. - Findings and determinations.

(a)

Pollutants in stormwater runoff from many sources are largely uncontrolled and have an adverse impact upon the quality of receiving waters. Major sources of stormwater runoff that cause water quality impacts include construction sites, illicit connections, illegal dumping and industrial activities.

(b)

Amendments to the Clean Water Act (CWA) in 1987 required the Environmental Protection Agency (EPA) to establish National Pollutant Discharge Elimination System (NPDES) requirements for municipal separate storm sewer systems. NPDES regulations require the City of Newport News to control through ordinance, permit, contract, order or similar means to contribution of pollutants into waters of the United States.

(c)

This article is adopted as an integral part of the city's stormwater management program.

(Ord. No. 4569-94)

Sec. 37.1-21. - Definitions.

The following words and terms used in this article shall have the following meanings.

Director. The director of the department of engineering or his designee.

Discharge. Dispose, deposit, spill, pour, inject, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, leaked or placed by any means.

Groundwater. All subsurface water, including, but not limited to, that part within the zone of saturation.

Industrial wastes. Liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources.

Other wastes. Materials that can adversely affect waters of the United States should they be discharged into same, including, but not limited to, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze and chemicals.

Person. Any individual, firm, corporation, partnership, association, organization or other entity, including governmental entities, or any combination thereof.

Sanitary sewer. A system of underground conduits that collect and deliver sanitary wastewater to a wastewater treatment or pumping facility.

Sewage. The water-carried human wastes from residences, buildings, industrial establishments or other places, together with such industrial wastes, stormwater or other water as may be present.

Storm sewer system. The system of roads, streets, catch basins, curbs, gutters, ditches, pipes, lakes, ponds, channels, storm drains and other facilities designed or used for collecting, storing or conveying stormwater or through which stormwater is collected, stored or conveyed.

Surface runoff. Stormwater runoff from rain, snow or other forms of precipitation.

(Ord. No. 4569-94)

Sec. 37.1-22. - Violations and penalties.

(a)

It shall be a violation of this article to:

(1)

Discharge, or cause or allow to be discharged, sewage, industrial wastes or other wastes into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking lots or other areas draining to the storm sewer system;

(2)

Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any sanitary sewer connected to the storm sewer system as of the date of adoption of this article;

(3)

Obstruct, block, divert, or otherwise alter the design capacity or specifications of any storm sewer system or to impede the efficient functioning of any storm sewer system without approval by the director; or

(4)

Place, put, throw or deposit, or allow or cause to be placed, put, thrown or deposited, any limbs, leaves, wire mesh, compost, chips, construction debris, wood, or any other substance in the storm sewer system or in an area which drains into the storm sewer system.

(b)

The following activities shall not be considered a violation of this article.

(1)

Water line flushing;

(2)

Landscape irrigation;

(3)

Diverting stream flows or rising groundwater;

(4)

Public safety activities, including, but not limited to, law enforcement and fire suppression;

(5)

Pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing drains;

(6)

Lawn watering;

(7)

Individual car washing on residential properties;

(8)

Dechlorinated swimming pools discharges;

(9)

Street washing;

(10)

Any activity authorized by a valid Virginia Pollutant Discharge Elimination System (VPDES) permit or Virginia Pollution Abatement (VPA) permit;

(11)

Any activity by a governmental entity for the maintenance or repair of drinking water reservoirs or drinking water treatment or distribution systems; and

(12)

Any activity by the city, its agents and employees, for the maintenance of lakes and other components of its stormwater management system.

(c)

A willful violation of the provisions of this article shall constitute a misdemeanor. Each day that a continuing violation of this article is maintained or permitted to remain shall constitute a separate offense.

(d)

Any person who, intentionally or otherwise, commits any of the acts prohibited by this article shall be liable to the city for all costs of containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system.

(e)

Any person who, intentionally or otherwise, commits any of the acts prohibited by this article shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for each day that a violation of this article continues. The court assessing such penalties may, at its discretion, order such penalties to be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.

(f)

The city may bring legal action to enjoin the continuing violation of this article, and the existence of any other remedy, at law or in equity, shall be no defense to any such action.

(g)

The director shall have authority to order that any activity found to be in violation of this article be stopped or conducted in such a manner as to avoid the discharge of sewage, industrial wastes or other wastes into the storm sewer system.

(h)

The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

(Ord. No. 4569-94; Ord. No. 5829-02, § 1; Ord. No. 6282-06, § 1)

Sec. 37.1-23. - Inspections and monitoring.

The director shall have authority to make such lawful inspections and conduct such monitoring of stormwater outfalls or other components of the storm sewer system as may be necessary or appropriate in the administration and enforcement of this article. The director, or designee, may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article. This authority shall apply only to those properties from which a discharge enters their municipal separate storm sewer.

(Ord. No. 4569-94; Ord. No. 6807-11, § 1)

Editor's note—

Ord. No. 6807-11 shall be in effect on and after July 1, 2011.

Secs. 37.1-24—37.1-29. - Reserved.