City of Fredericksburg, VA
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[Adopted 2-10-2015 by Ord. No. 15-02[1]]
Editor's Note: This ordinance provided an effective date of 4-1-2015.
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.
The purpose of this article is to protect water quality by complying with these state and federal environmental regulations.
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.
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:
Water line flushing;
Landscape irrigation;
Diverted stream flows;
Rising groundwaters;
Uncontaminated groundwater infiltration [as defined in 40 CFR 35.2005(20)];
Uncontaminated pumped groundwater;
Discharges from potable water sources;
Foundation drains;
Air-conditioning condensation;
Irrigation water;
Water from crawl space and basement pumps;
Footing drains;
Lawn watering;
Individual residential car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
Street wash water;
Charity car washes that follow the Virginia DEQ's fund raising car wash guidelines;
Other de minimus discharges; and
Substances used to maintain public safety on the streets and sidewalks.
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.