Sugar Hill › Illicit Discharge and Illegal Connection Ordinance

Article 1

current as of 2005-07-15verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ preamble

Enacting ordinance (repealer and adoption)

ORDINANCE

The Mayor and City Council of the City of Sugar Hill, Georgia hereby repeals the Storm Water Management Ordinance and any amendments thereto.

The Mayor and City Council of the City of Sugar Hill, Georgia hereby adopt the following as the City’s stand alone Illicit Discharge and Illegal Connection Ordinance:

Section 1. General Provisions

§ 1.1

Title

This ordinance shall be known as the "Illicit Discharge and Illegal Connection Ordinance of the City of Sugar Hill, Georgia".

§ 1.2

Authority

The authority for this ordinance is based on home rule provisions of the Georgia Constitution, Article IX, Section 2, Paragraph 3(a)(6).

§ 1.3

Findings

It is hereby determined that:

(1)The city separate storm sewer system was designed and installed to manage stormwater so as to prevent localized flooding, damage to property and risk to public safety;

(2)The city separate storm sewer system was not designed or installed as a receiving system for non-stormwater discharges;

(3)Discharges to the city separate storm sewer system that are not composed entirely of stormwater contribute to increased nonpoint source pollution and degradation of receiving waters;

(4)These non-stormwater discharges occur due to spills, dumping and improper connections to the city separate storm sewer system from residential, industrial, commercial or institutional establishments;

(5)These non-stormwater discharges not only impact local waterways individually, but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters;

(6)The impacts of these non-stormwater 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;

(7)These impacts can be minimized through the regulation of spills, dumping and discharges into the city separate storm sewer system;

(8)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 nonpoint source pollution caused by non-stormwater discharges to the city separate storm sewer system;

(9)The Clean Water Act requires the management and maintenance of the city separate storm sewer system and the management of discharges to that system;

(10)Therefore, in order to prohibit such non-stormwater discharges to the city separate storm sewer system, it is determined that the regulation of spills, improper dumping and discharges to the city separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.

§ 1.4

Purpose and Intent

The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the city separate storm sewer system to the maximum extent practicable as required by Federal law. This ordinance establishes methods for controlling the introduction of non-stormwater discharges into the city separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are to:

(1)Comply with all Georgia Department of Natural Resources (DNR) and Federal Environmental Protection Agency (EPA) storm water regulations developed pursuant to the Clean Water Act; and

(2)Prohibit illicit discharges and illegal connections to the city separate storm sewer system;

and

(3)Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city 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 ordinance

§ 1.5

Applicability

The provisions of this ordinance shall apply within the City Limits of the City of Sugar Hill. The City may enter into agreements with Gwinnett County, or other municipalities, to carry out the purpose of this ordinance. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, and cooperative monitoring and management of the separate storm sewer system and management programs.

§ 1.6

Compatibility with Other Regulations

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance constitute a minimum standard, should not be deemed to limit or repeal any other local requirements, and are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance 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.

§ 1.7

Severability

If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.

§ 1.8

Responsibility for Administration

(1)The department shall have the power to administer, implement, and enforce the provisions of this ordinance and any procedures, standards and guidelines established under authority of this ordinance. Such power shall include the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain any violation of this ordinance.

(2)The department shall be responsible for the conservation, management, maintenance (where applicable), extension and improvement of the city separate storm sewer system, including activities necessary to control storm water and activities necessary to administer and implement the storm water management programs incorporated by reference into the city's NPDES storm water permit.

(3)The department may develop, and update periodically, a storm water management design manual for the guidance of persons preparing storm water management plans, designing or operating storm water management systems, and designing or operating facilities that may contribute non-stormwater discharges to the city's separate storm sewer system.

(4)The department may:

(a)Establish or oversee the establishment of standards and guidelines for controlling storm water; and

(b)Determine the manner in which conveyances should be operated; and

(c)Inspect private systems which discharge to the city separate storm sewer system;

and

(d)Advise other departments on issues related to storm water; and

(e)Protect facilities and premises controlled by the city and prescribe how they are to be used by others; and

(f)Require facilities or activities that create new, increased, or significantly changed storm water contributions to the city's separate storm sewer system to comply with the terms of this ordinance; and

(g)Develop programs or procedures to control the discharge of pollutants into the city separate storm sewer system.

Section 2. Definitions

(1)For the purposes of this ordinance, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense; the word "shall" connotes "mandatory" and not "discretionary"; the word "may" is permissive.

(2)Unless otherwise specified, or it is apparent from the context, definitions herein will be the same as those in other city codes.

(3)For the purposes of this ordinance, the following terms, phrases and words, and their derivates, shall have the meaning given herein:

"Accidental Discharge" means a discharge prohibited by this ordinance that occurs by chance and without planning or thought prior to occurrence.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

"Construction Activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

"Conveyance" shall mean an aboveground or underground natural or man made drainage feature, that provides for the collection and movement of storm water, and shall include but not be limited to concrete or metal pipes, ditches, depressions, swales, roads with drainage systems, highways, city streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural storm water controls, drainage channels, reservoirs, rights of way, storm drains, culverts, street gutters, oil/water separators, modular pavements and other similar drainage structures.

"City" shall mean the City of Sugar Hill and such of its departments, employees and agents as may have duties and responsibilities for administering and enforcing all storm water management activities and implementation of the provisions of this ordinance.

"City Separate Storm Sewer System" means any conveyance or system of conveyances which is:

a)Owned or maintained by the city;

b)Not a combined sewer; and

c)Not part of a publicly owned treatment works.

"Department" shall mean, unless otherwise specified, the city department responsible for storm water management activities and implementation of the provisions of this ordinance.

"Director" shall mean either the director of the city department responsible for storm water management activities and implementation of the provisions of this ordinance or any of that person's duly authorized representatives.

"Discharge" shall mean the direct or indirect release of water, fluid, materials or other matter to a conveyance or surface that drains to a conveyance.

"Illicit Discharge" means any direct or indirect non-stormwater discharge to the city separate storm sewer system.

"Illegal Connection" shall mean any of the following:

a)Any pipe, open channel, drain or other conduit, whether natural or man made, which is used exclusively to drain a non-stormwater discharge to the city's separate storm sewer system; or

b)Any pipe, open channel, drain or other conduit, whether natural or man made, that was designed, installed or redirected for the purpose of draining a non-stormwater discharge into the city's separate storm sewer system; or

c)Any pipe, open channel, drain or other conduit, whether natural or man made, which is connected to the city separate storm sewer system and which has not been documented in plans, maps, or equivalent records and approved by the city regardless of whether such pipe, open channel, drain or other conduit, whether natural or man made, was permissible under law or practices applicable or prevailing at the time the connection was made, or has been previously allowed, permitted, or approved by the city or any other authorized enforcement agency.

"Illegal connection" expressly includes, without limitation, those connections made in the past.

"Industrial Activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit"

means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

"Non-Stormwater" means any surface flow, runoff, drainage, or discharge that is not composed entirely of stormwater and which may include pollutants, but that excludes:

a)Water from those sources described in section 3.1(2)(a) and 3.1.(2)(b) of this ordinance; and /or

b)Any discharge permitted under 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 the city separate storm sewer system.

"Person" means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity.

"Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids;

cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; process waste water and wash water; sewage, fecal coliform and pathogens; dissolved and particulate metals;

animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

"Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological, thermal and radiological integrity of water.

"Premises" shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Procedure" shall mean a procedure adopted by the department, by and through the director, to implement a regulation or regulations adopted under this ordinance, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the city or other agencies.

"State Waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person.

"Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, but which also includes:

a)Water from those sources described in section 3.1(2)(a) and 3.1(2)(b) of this ordinance; and /or

"Storm water management design manual" shall mean the most recent version of the Gwinnett County Georgia Storm Water Design Manual.

"Structural Stormwater Control" means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

"Variance" shall mean the modification of the minimum storm water requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this ordinance.

Section 3. Prohibitions