§ 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 city manager, or designee; 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 and in compliance with 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 or knowing 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 more than thirty two thousand five hundred dollars ($32,500.00) for each day that a violation of this article continues. Any civil penalties assessed by a court as a result of a summons issued by a locality as an approved VSMP authority shall be paid into the treasury of the city.

(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 city manager, or designee, 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)

With the consent of any person who has violated or failed, neglected or refused to obey any ordinance, any condition of a permit, any order of the city, or any provision of this article, the city may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in this section. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under this section. Any civil charges collected shall be paid to the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.

(i)

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. 7017-13, § 1)

(Ord. No. 7017-13, § 1)