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Ordinance 2016-04 Stormwater Management
The purpose of this Ordinance 2016-04 is to provide for the health, safety, and general welfare of the citizens
of the Town of Bellefonte through the regulation of non-stormwater discharges to the stormwater drainage
system.
Definitions: As used in this Ordinance, the following terms shall have the meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY - Code Enforcement Officers of New Castle County.
BEST MANAGEMENT PRACTICES (BMPS) - Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices,
operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or
drainage from raw materials storage.
CLEAN WATER ACT - The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
CONSTRUCTION ACTIVITY - Activities subject to NPDES construction permits. Currently these include
construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES
Stormwater Phase II permits will be required for construction projects resulting in land disturbance of one acre
or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
HAZARDOUS MATERIALS - Any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE - Any direct or indirect non-stormwater discharge to the storm drain system, except
as exempted in § A (2) (a) Prohibition of illegal discharges of this ordinance
ILLICIT CONNECTIONS - Either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter
the storm drain system, including but not limited to any conveyances which allow any non-stormwater
discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
INDUSTRIAL ACTIVITY - Activities subject to NPDES industrial permits as defined in 40 CFR
122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT - A permit issued by the EPA [or by a state 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 DISCHARGE - Any discharge to the storm drain system that is not composed
entirely of stormwater.
PERSON - Any individual, association, organization, partnership, firm, corporation or other entity recognized
by law and acting as either the owner or as the owner's agent.
POLLUTANT - Anything which causes or contributes to pollution. Pollutants may include, but are not limited
to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and
yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
PREMISES - Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including
adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM - Publicly owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or -
altered drainage channels, reservoirs, and other drainage structures.
STORMWATER - Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN - A document which describes the best
management practices and activities to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent practicable.
TOWN - The Town of Bellefonte, Delaware, a municipal corporation located in New Castle County,
Delaware, and any of its officers and employees or their designee.
WASTEWATER - Any water or other liquid, other than uncontaminated stormwater, discharged from a
facility.
Methods: This ordinance establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this ordinance are:
A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by
stormwater discharges by any user.
B. To prohibit illicit connections and discharges to the municipal separate storm sewer system.
C. To establish legal authority to carry out all inspection, surveillance and monitoring procedures
necessary to ensure compliance with this ordinance.
A. Prohibition of illegal discharges.
(1) No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses
any materials, including but not limited to pollutants or waters containing any pollutants that cause or
contribute to a violation of applicable water quality standards, other than stormwater.
(2) The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
(a) The following discharges are exempt from discharge prohibitions established by this ordinance: water line
flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or
footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated, typically less than one PPM chlorine), fire-fighting activities, and any other
water source not containing pollutants.
(b) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public
health and safety.
(c) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement
agency prior to the time of the test.
(3) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the authority of 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 storm drain system.
B. Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is
prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
(3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage
to the MS4, or allows such a connection to continue.
C. Monitoring and Compliance.
The Bellefonte Town Commission hereby authorizes New Castle County Department of Land Use, Property
Maintenance Code Enforcement to assure compliance with this ordinance and to impose fines as prescribed by
New Castle County for violations of this ordinance.
Effective: Date of approval.
This Ordinance, being careful consideration, is hereby passed by the Bellefonte Town Commission.
First Reading: ____July 11, 2016___________________
Approved: _______________________________________
Date: __August 1, 2016________
President
Attest: __________________________________________
Date: ___ August 1, 2016_______
Secretary