Stormwater Management Ordinance

In 2007, the City Council of Fayetteville adopted a Stormwater Management Ordinance that gives the City authority to establish programs and procedures that will help the City to improve the quality of stormwater runoff. On this page, each article of the Stormwater Management Ordinance is summarized. 

This ordinance defines what stormwater is, and establishes that the City has a responsibility in managing the municipal separate storm sewer system. The ordinance also establishes a stormwater management utility as an identified fiscal and accounting fund for the purpose of comprehensively addressing the stormwater management needs of the city. The stormwater utility provides funding for both water quality and quantity issues. The ordinance defines boundaries and jurisdiction, impervious surface area and equivalent residential units, and service charge rates. Stormwater service charge billing, delinquencies and collections are also outlined in the ordinance. The ordinance also outlines exemptions and credits that are applicable to stormwater service charges. For more information on the Stormwater Utility, please visit our FAQ page.

The ordinance establishes the "Illicit Connections and Improper Disposal Article", which gives the city authority to protect and promote the public health, safety and welfare of its citizens by preventing potentially harmful materials into the stormwater sewer system. The objectives of this article are:

• Prohibit non-stormwater discharges to the municipal separate storm sewer system
• Require the removal of illicit connections to the municipal separate storm sewer system
• Prohibit improper disposal of substances into the municipal separate storm sewer system
• Permit inspection, sampling and monitoring for pollutants such as those associated with illicit connections; improper disposal; activities on industrial, commercial and related facilities; and the application of pesticides, herbicides and fertilizers.
  
  This article of the ordinance also establishes methods of enforcement for any illicit discharge or connection that is found. Stormwater Inspectors have the authority to issue a Notice of Violation to any user of the municipal separate storm sewer system found to be in violation of the ordinance. The user can be assessed a civil penalty if found in violation. The civil penalties that are adopted by the City Council may be amended from to time to time pursuant to the city's fee schedule.
• Civil Penalties are as follows:
  • Category I: $1,000.00 per day
    • Waste products: Any person who is found to have improperly disposed of any substance that is a byproduct of a commercial or industrial process which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit.
    • Bulk Sales: Any person who is found to have improperly disposed of any substance that was purchased at a bulk sales location which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit.
    • Household Products: Any person cited for a second time offense of improperly disposing of household products within one year, shall be deemed a second time violator and assessed a Category I civil penalty.
    • Yard Waste: Any person cited for a third time offense of improperly disposing of yard waste within one year, shall be deemed a third time violator and assessed a Category I civil penalty.
  • Category II: $500.00 per day
    • Household Products: Any person who is found to have improperly disposed of any substance that was purchased over the counter for household use, in quantities considered normal for household purposes which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit.
    • Yard Waste: Any person cited for a second time offense of improperly disposing of yard waste within one year, shall be deemed a second time violator and assessed a Category II civil penalty.
  • Category III: $100.00 per day
    • Yard Waste: Any person who is found to have improperly disposed of leaves, grass clippings or other yard wastes which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit.

The purpose of the Stormwater Control Ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and non-point source pollution associated with new development and redevelopment. It has been determined that proper management of construction-related and post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, and general welfare, and protect water and aquatic resources.

Stormwater Management Plan

The City of Fayetteville has recently developed a Stormwater Management Plan that details how the Stormwater Program plans to execute its current permit.