Appendix 3 Code Reference

The full Town’s Ordinances can be found online at https://nc-carrboro.civicplus.com/139/Carrboro-Town-Code.

Illicit Discharge Ordinance

Section 5-32. Illicit Discharges Prohibited.

 (a) No person may discharge or cause to be discharged, or allow to be discharged from property under such person’s control, any pollutant directly or indirectly into the storm sewer system or into surface waters. (1) A direct discharge occurs when a pollutant is discharged within the physical limits of the storm sewer system or within the banks of a stream or inside the mean high-water level of a pond or lake. (2) An indirect discharge occurs when a pollutant is discharged outside the physical limits of the storm sewer system or outside the banks of a stream or beyond the mean high water level of a pond or lake but takes place in such a manner or location that the pollutant is carried into the storm sewer system or surface water in some way other than by action of the wind or stormwater. By way of illustration without limitation, an indirect discharge would occur if water from a commercial car wash is discharged onto the area where the cars are washed and allowed to drain into a public street. (3) An indirect discharge also occurs when a pollutant is discharged (i) outside the physical limits of the storm sewer system or outside the banks of a stream or beyond the mean high water level of a pond or lake, but (ii) with the specific intent that the pollutant be disposed of by being carried (by the wind or stormwater or otherwise) into the storm sewer system or a surface water, and (iii) the pollutant or some part or portion thereof does reach the storm sewer system or surface water. By way of illustration without limitation, dumping used oil near the edge of a stream with the intent that the next rain carry the oil into the stream constitutes an indirect discharge within the meaning of this subsection. (b) Notwithstanding the other provisions of this article, the following shall not be regarded as constituting an illicit discharge: (1) Water line or hydrant flushing; (2) Landscape or garden irrigation or lawn watering; (3) Diverted stream flows; (4) Rising ground waters; (5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); (6) Uncontaminated pumped ground water; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Springs; (11) Water from crawl space pumps; 5-26 (12) Footing drains; (13) Individual residential car washing or charity car washing; (14) Flows from riparian habitats and wetlands; (15) Dechlorinated swimming pool discharges; (16) Street wash water; (17) Flows from fighting fires (18) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina.

Section 5-33. Illicit Connections Prohibited

(a) No person may cause, suffer, or permit on property under such person’s control any illicit connection to the storm sewer system, including without limitation connections of drains or lines that convey sewage, process wastewater, wastewater from washing machines, wash water from commercial vehicle washing or steam cleaning, or water from indoor sinks or floor drains. (b) Subject to subsection (c), if, on the effective date of this article, an illicit connection as defined in this article exists, then such situation shall not be considered a violation of this article until ninety (90) days after the town mails by first class mail written notice to the owner (according to the most recent property records) of the property where the condition exists, informing such owner of the nature of the violation and what must be done to correct it. (c) The ninety day grace period provided for in subsection (b) of this section shall not apply if the administrator concludes that an illicit connection: (1) Is likely to result in the discharge of hazardous materials or otherwise pose an immediate threat to health or safety, or is likely to result in immediate injury to real or personal property, natural resources, wildlife, or habitat; or (2) Was made in violation of any applicable statute, regulation, or ordinance.