Stormwater Pollution Control Ordinance Changes Proposed by City of Charlotte

Feb

The City of Charlotte is considering several changes to the Stormwater Pollution Control Ordinance (SWPCO). They include the following:

Makes “Improper Storage, Handling, and Processing of Materials” a new and separate enforceable violation in cases where this can cause stormwater pollution;
Makes “Failure to Comply” with requirements and directives set forth by the Director in an enforcement remedy a new and separate enforceable violation;
Makes “Violation of Non-Municipal NPDES Discharge Permit Limitation(s)” a new and separate enforceable violation in cases where a permittee’s discharge violates a permitted numeric discharge effluent limitation;
Makes the use, distribution, and sale of “Coal Tar” and “High PAH” pavement sealants a new and separate enforceable violation;
Increases the maximum potential civil penalty for each violation from $5,000 to $10,000;
Authorizes the City to place a lien on real or personal property owned by a violator for unpaid civil penalties, administrative costs, and/or abatement costs associated with an enforcement remedy.
Formally authorizes the Director of the department over the City’s NPDES MS4 stormwater permit to administer the SWPCO and defines responsibilities, delegates authority, and requires the development of administrative policies and procedures; and
Makes several minor wording changes to better define the meaning of terms and phrases