City of Lynchburg

The City of Lynchburg has enacted a Stormwater Management Ordinance in order to reduce the adverse impacts of stormwater runoff from development sites in the City of Lynchburg to the greatest extent possible, by establishing minimum requirements and procedures to control the quantity and quality of stormwater runoff associated with land development. The City of Lynchburg is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Lynchburg will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be collected by the City of Lynchburg and both residential and non-residential properties can qualify for stormwater fee credits by implementing stormwater Best Management Practices that improve water quality and reduce quantity of stormwater runoff. The City of Lynchburg, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.

Stormwater Management Ordinance

Sec. 16.2-57. Inspections and monitoring.

(f) Post-construction inspections of stormwater management facilities required by the provisions of this ordinance shall be conducted by the administrator or any duly authorized agent of the Administrator pursuant to the City of Lynchburg’s adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five (5) years.

(h) In order to assure compliance with the provisions of this chapter, and all applicable city ordinances, state and federal laws, orders or regulations, the stormwater administrator or his agent shall have the right to inspect any property on which a stormwater maintenance facility is located, public or private, within the city at any reasonable time. In the event the stormwater administrator or his agent shall be denied access to property, the stormwater administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes (i) probable cause that a violation of this ordinance has occurred, or (ii) that the stormwater administrator or his agent has been denied access to property as part of a routine inspection program, request that the magistrate or court grant the stormwater administrator or his agent an inspection warrant to enable the stormwater administrator or his agent to enter the property for the purpose of determining whether a violation of this ordinance exists. The stormwater administrator or his agent shall make a reasonable effort to obtain consent from the owner or occupant of the subject property prior to seeking the issuance of an inspection warrant under this section. It shall be a violation of this section for any person to deny the stormwater administrator or his agent access to any property after the stormwater administrator or his agent has obtained an inspection warrant from a magistrate or a court of competent jurisdiction for the inspection of such property. Nothing herein shall be construed to authorize the stormwater administrator or his agent to enter or inspect the interior portions of any structure situated on such property unless the inspection is reasonably necessary to verify the presence and character of a stormwater maintenance facility or control measure that the owner of the property claims to be installed therein.

Sec. 16.2-60. Maintenance agreement.

(a) A maintenance agreement, on a form prescribed by the City of Lynchburg, between the city and the owner of any permanent stormwater control facility shall be submitted and recorded prior to approval of the stormwater management plan required by this chapter.

(b) Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by the City or other governmental agency, shall run with the land and remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each parcel the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance.

(c) In the event that the stormwater management facilities are in need of maintenance or become a danger to public safety or public health, the responsible person shall be notified in writing, and given a reasonable period of time to take necessary action. If the responsible person fails or refuses to perform such maintenance and repair, the City has the authority to perform the work and to recover the costs from the responsible person. Any costs, including interest, which remain unpaid, may be collected in the same manner as unpaid taxes are collected, and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes.

(d) To ensure proper performance of the stormwater management facility, the owner is responsible for inspecting the stormwater management facility on an annual basis and after any storm, which causes the capacity of the facility to be exceeded. More frequent inspections may be required if deemed necessary by the administrator. The owner must file written record of inspections to the department of water resources within five (5) working days of the inspection.

(e) The maintenance agreement submitted to the City of Lynchburg shall allow for the City to enter the property for purposes of inspection by the administrator or designee, shall permit the City or designee to enter the property for the purpose of maintenance and repair should the responsible party not fulfill these duties, shall provide for the submission of inspection and maintenance reports as required by the City, and shall be enforceable by all appropriate governmental parties.

Sec. 16.2-61. Maintenance of stormwater management facilities.

(a) Any property owner that has a stormwater management facility on his property shall maintain such facility in a good operating condition. The maintenance of the stormwater management facility shall be in accordance with all applicable city and state requirements and regulations, and shall include but shall not be limited to the following:

The filing of an annual inspection of the facility by a qualified inspector and the filing of an annual written inspection report with the City’s stormwater administrator, describing the condition of the stormwater management facility. The annual inspection report shall be due by the end of each calendar year, and the inspection shall have been performed within two months prior to the date of the report. The report shall state the property’s address, the owner’s name, the inspection date, the inspector’s name and qualifications, and shall describe any deficiencies and any required maintenance that is needed to bring the stormwater management facility into compliance with city and state requirements and regulations.
The filing of a supplementary report on the remediation of any deficiencies identified in the annual inspection report; such supplementary report on remediation efforts shall be due within three months of the date of the inspection report.
The removal and proper disposal of sediment when the flow or storage of the stormwater has been significantly restricted or reduced by sediment;
The removal and proper disposal of trash, debris, loose brush and other growth from the stormwater management facility, as needed;
The removal and proper disposal of any oil or grease which has accumulated within the stormwater management facility;
The replacement and proper disposal of any chemical treatment media and any filter media which have ceased to function at design levels;
The annual cutting of any brush and other woody growth on and around any embankment fill, and the stabilization of the banks of the stormwater management facility, as needed;
The inspection, maintenance and repair of any fence installed around the stormwater management facility;
Any necessary repairs to the dam, emergency spillway and any low spots in any stormwater retention pond; and
All other repairs and improvements which are reasonably necessary to keep the stormwater management facility operating in an efficient, safe and sanitary manner.

(b) In the event that the stormwater management facilities are in need of maintenance or become a danger to public safety or public health, the property owner shall be notified in writing, and given a reasonable period of time to take necessary action. If the property owner fails or refuses to perform such maintenance and repair, the City has the authority to perform the work and to recover the costs from the property owner. Any costs, including interest, which remain unpaid, may be collected in the same manner as unpaid taxes are collected, and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes.

(c) For purposes of this chapter, “property owner” means the owner or owners of the freehold of the property or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, or lessee in control of the property.

Sec. 16.2-62. Enforcement.

(d) Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment for each violation, or both, as provided for in Section 62.1-44.15:48 of the Code of Virginia.

(e) The administrator may apply to the circuit court to enjoin a violation or a threatened violation of this chapter as provided for in Section 62.1-44.15.48 of the Code of Virginia without the necessity of showing that an adequate remedy at law does not exist.

(f) Without limiting the remedies, which may be obtained in this section, the administrator may bring a civil action against any person for violation of this chapter, or any condition of the permit or approval, or any provision of the local program. The action may seek to impose of a civil penalty of not more than thirty-two thousand, five hundred dollars ($32,500) for each violation as provided for in Section 62.1-44.15.48 of the Code of Virginia.

(g) In addition to any other remedy provided by this chapter, if the administrator determines there is a failure to comply with the provisions of this chapter, the administrator may initiate such informal and/or formal administrative enforcement procedures in a manner authorized by this chapter and any applicable City-issued policies. Such procedures may include, but are not limited to:

Verbal Warning;
Notices of corrective actions;
Consent special orders and civil charges pursuant to subsection (h) below;
Notices to comply;
Special and emergency special orders;

(h) With the consent of any person who has violated or failed, neglected or refused to obey this ordinance or any condition of the permit or approval or any provision of the local program, the administrator may issue an order against or to such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (f) of this section. Such civil charges shall be instead of any appropriate civil penalty, which could be imposed under subsection (f).

(i) Violations for which a penalty may be imposed under this Subsection shall include but not be limited to the following:

No state permit registration;
No SWPPP;
Incomplete SWPPP;
SWPPP not available for review;
No approved erosion and sediment control plan;
Failure to install stormwater BMPs or erosion and sediment controls;
Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
Operational deficiencies;
Failure to conduct required inspections;
Incomplete, improper, or missed inspections; and
Discharges not in compliance with the requirements of Section 9VAC25-880-1170 of the general permit.

Sec. 16.2-71. Discharges to the city’s storm sewer system.

(a) It shall be unlawful and a violation of this article to:

(1) Connect, cause, or allow to be connected, any sanitary sewer to the separate storm sewer system;

(2) Discharge the following in any amount to the city’s storm sewer system, to any private stormwater conveyance system, or to any stormwater management system whether intended for water quality or water quantity control, unless the system conveys the fluids to an appropriate water treatment facility or the discharge is permitted by a Virginia pollution discharge elimination system [VPDES] permit or by a national pollution discharge elimination system [NPDES] permit:

Sewage;
Greases;
Fuels;
Oil or oil waste;
Antifreeze;
Other automotive, motor or equipment fluids;
Paints and/or organic solvents;
PCBs;
Pesticides;
Herbicides;
Toxic materials;
Waste disposal site leachate;
Radioactive materials;
Fertilizers
Organic matter;
Any fluid at a temperature greater than 65° celsius;
Any fluid having a pH less than 5.0 or greater than 9.0;
Any fluid containing more than fifteen (15) milligrams per liter of total suspended solids;
Any fluid containing dyes or coloring material which discolor the water no more than fifty (50) American dye manufacturers institute [ADMI] units;
Any fluid containing material which causes a visible film, sheen or discoloration on the water surface;
Any substance which may cause or do any injury to, interfere with the proper operation of, obstruct the flow into or through, or pollute a stormwater management facility;
Any commercial, industrial, or manufacturing process water, wash water, or unpermitted discharge;
Boiler blowdown;
Any substance of non-stormwater origin unless specifically exempted from this article;
Matter of any type which may:

Result in a hazard to any person, animal, property, or vegetation; or,
Impair the quality of the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse.

(b) Subject to the provisions of subsection (c) of this section, the following activities shall be allowed:

Potable water line flushing;
Lawn watering;
Landscape irrigation;
Diverting stream flows or uncontaminated groundwater flows;
Water from public safety activities, including, but not limited to, law enforcement and fire suppression;
Pumping or drainage of uncontaminated groundwater from potable water sources, foundation drains, basements, springs, or water from crawl spaces, or footing drains;
Non-commercial car washing;
Swimming pool discharges with less than one (1) parts per million [PPM] chlorine;
Street washing;
Any activity authorized by a valid national pollutant discharge elimination system (NPDES) permit, waiver, or discharge order; a Virginia pollutant discharge elimination system (VPDES) permit, waiver, or discharge order; or a Virginia pollution abatement (VPA) permit;
Any activity by a governmental entity or its employees and agents in accordance with federal, state, and local regulations and standards for the maintenance or repair of drinking water reservoirs or water treatment or distribution systems;
Any activity by a governmental entity or its employees and agents in accordance with federal, state, and local regulations and standards, for the maintenance of any component of its stormwater management system.
Discharges specified in writing by the program administrator and/or his or her designee as being necessary to protect public health and safety.
Dye testing, following notification to the program administrator.
Residential yard maintenance, including seasonal leaf pick-up and brush removal.

(c) If any of the activities listed in subsection (b), above, of this section are found to be sources of pollutants to public waters, the program administrator shall so notify the person performing such activities and shall order that such activities be stopped or performed in such a manner as to avoid discharge of pollutants into such waters. The failure to comply with any such order shall be unlawful and a violation of this article.

Sec. 16.2-74. Good housekeeping requirements.

The following good housekeeping requirements shall be adhered to by all persons within the City of Lynchburg:

(a) The uncovered outdoor storage of unsealed containers containing hazardous substances or waste material is prohibited.

(b) Unless otherwise approved, objects such as vehicle motor parts containing grease, oil, or other hazardous materials, shall not be stored in such a manner as to cause leaks, spills, or discharges into stormwater management facilities.

(c) Unless otherwise approved, work on any machine that is to be repaired or maintained in an uncovered outdoor area shall be performed in such a manner as to prevent leaks, spills, or discharges into any stormwater management facilities and/or any municipal separate storm sewer system.

(d) Fuel and chemical residue or other types of potentially harmful material, garbage, or batteries, which are located in an area susceptible to runoff, shall be removed immediately and disposed at a hazardous waste collection site.

Sec. 16.2-75. Inspections and monitoring.

(a) The administrator and/or his or her designee(s) shall have authority to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this article, including the prohibition of illicit discharges to the storm sewer system. The program administrator and/or his or her designee(s) may monitor stormwater outfalls or other components of the municipal storm sewer system as may be appropriate in the administration and enforcement of this article.

(b) The administrator and/or his or her designee(s) shall have the authority to require pollution prevention plans from any person whose discharges cause or may cause a violation of any VPDES permit, including the one held by the city.

(c) The administrator and/or his designee(s) shall have the authority to enter into private property to conduct investigations relative to this article. No inspection shall be conducted without the consent of the tenant, occupant, property owner or the owner's representative or pursuant to a duly issued administrative inspection warrant or as authorized by other lawful means.

Sec. 16.2-76. Violations and penalties.

(a) A willful violation of the provisions of this article shall constitute a Class 1 misdemeanor. Each day that a continuing violation of this article is maintained or permitted to remain shall constitute a separate offense.

(b) Any person who commits any act prohibited by this article shall be liable to the city for all costs of detecting, tracing, testing, containment, cleanup, abatement, removal, and disposal of any substance unlawfully discharged into the storm sewer system.

(c) Any person who commits any act prohibited by this article shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for each day that a violation exists. The city may issue a summons for the collection of the civil penalty and the action may be prosecuted in the local courts. Any civil penalties assessed by a court as a result of a summons issued by the city shall be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.

(d) The city may bring legal action to enjoin the continuing violation of and to insure compliance with the provisions of this chapter, including injunction, abatement or other appropriate action or proceeding. The existence of any other remedy, at law or in equity, shall be no defense to any such action.

(e) The administrator and/or his or her designee(s) 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 any illicit materials into the storm sewer system.

(f) Any discharge caused or permitted to exist in violation of any provisions of this article constitutes a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance. Following receipt of written notice of such nuisance from the administrator and/or his or her designee(s), if the responsible person fails to abate or obviate such nuisance, then the city may do so and charge and collect the cost thereof from the responsible person, in any manner provided by law (including, without limitation, any manner provided by law for the collection of state or local taxes).

(g) 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 or more of the remedies set forth herein has been sought or granted.