§ 18-131. General provisions.

(a)

Title . This article shall be known as the "Illicit Discharge and Illegal Connection Ordinance".

(b)

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

(c)

Findings . It is hereby determined that:

(1)

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

(3)

Discharges to the city's 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's 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's 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 non-point source pollution caused by non-stormwater discharges into the city's separate storm sewer system;

(9)

The Clean Water Act requires the management and maintenance of the city's separate storm sewer system and the management of discharges into that system;

(10)

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

(d)

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

(1)

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

(2)

Prohibit illicit discharges and illegal connections to the city's separate storm sewer system; and

(3)

Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city's 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 article.

(e)

Applicability . The provisions of this article shall apply throughout the geographic area of the City of Peachtree Corners. The city may enter into agreements with Gwinnett County or other municipalities, to carry out the purpose of this article. 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.

(f)

Compatibility with other regulations . This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article 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 article 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.

(g)

Severability . If the provisions of any section, subsection, paragraph, subdivision or clause of this article 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 article.

(h)

Responsibility for administration .

(1)

The city shall have the power to administer, implement, and enforce the provisions of this article and any procedures, standards and guidelines established under authority of this article. 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 article.

(2)

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

(3)

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

(4)

The city may:

a.

Establish or oversee the establishment of standards and guidelines for controlling stormwater; and

b.

Determine the manner in which conveyances should be operated; and

c.

Inspect private systems which discharge to the city's separate storm sewer system; and

d.

Advise other city departments on issues related to stormwater; 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 stormwater contributions to the city's separate storm sewer system to comply with the terms of this article; and

g.

Develop programs or procedures to control the discharge of pollutants into the city's separate storm sewer system.

(i)

Stormwater design standards .

(1)

Short title, authority and applicability . This subsection shall be known and may be cited as the City of Peachtree Corners Development Regulations in combination with Gwinnett County's Stormwater Systems and Facilities Installation Standards and Specifications Ordinance.

(2)

Authority to adopt . The City of Peachtree Corners has the authority to adopt this subsection pursuant to Article 9, Section 2, Paragraph III (a)(6) and Article 9, Section 2, Paragraph III (c), (d) of the Constitution of the State of Georgia, and O.C.G.A., §§ 36-82-61(4)(C)(ii) and 36-82-62(a)(2).

(3)

General policy . All extensions of or additions to the stormwater system shall be designed and built in accordance with standards of the Peachtree Corners Community Development & Public Works Departments. The standards shall be those stated in the latest edition of the City of Peachtree Corners Development Regulations along with the Stormwater Systems and Facilities Installation Standards and Specifications for Gwinnett County, which have been developed, published and made available to the public at the City of Peachtree Corners. No installation of pipe or other materials used for construction of extensions of or additions to the stormwater system shall be allowed until the required information is received and the design is approved by the Peachtree Corners Community Development and Public Works Departments. Inspection and acceptance procedures shall be specified in these standards.

(4)

Performance standards . The Community Development Department and Public Works Department of the City of Peachtree Corners shall require that all materials specified for construction of extensions of or additions to the stormwater system shall have equal performance, i.e., approximately equal economic life.

(5)

Compliance with other regulations . Design and construction of extensions of or additions to the stormwater system shall comply with all local, state, and federal rules and regulations pertaining to stormwater facility installation, including but not limited to rules and regulations for safety, erosion and sediment control, stream buffer protection, wetlands, and water quality standards.

(6)

Authority to issue standards and specifications . The Peachtree Corners Community Development Department Director is hereby authorized to issue and from time to time amend, update and revise the City of Peachtree Corners Development Regulations. All such rules, procedures and policies shall be consistent with the provisions of this subsection and shall be effective 30 days after being signed by the director and placed in the central files of the community development department.

(Ord. No. 2014-11-36, § 100-21, 1-20-2015)