The City of Durham 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 Durham will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Post-construction stormwater regulations and any applicable stormwater utility fees will also be enforced and collected by the city. The City of Durham, 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.
Sec. 70-743 Inspection, Maintenance, Repair, and Reconstruction.
(a) Private maintenance responsibility. The inspection, maintenance, repair and reconstruction of Stormwater Control Measures and Stormwater Conveyances not located in city right of way shall be the responsibility of i) the owner of the property on which such SCMs and conveyances are located; and ii) any person or entity that has legally agreed to be responsible for the SCMs; and iii) the non-City properties served by the SCMs or conveyances, as determined by reference to site plans, plats, and construction drawings for the SCMs or conveyances.
(b) Level of maintenance. Every SCM and Stormwater Conveyances shall be maintained, repaired, and reconstructed so as to continue its functionality to the level for which it was designed for the control and/or conveyance of stormwater and for the treatment of Stormwater Pollutants. Maintenance, repair, and reconstruction shall be performed in compliance with City Stormwater Standards. Standards for maintenance include but are not limited to the specific operation and maintenance agreement that may exist for particular facilities on file with the City Public Works Department, and the most recent version of the "Owner's Maintenance Guide for Stormwater SCMs Constructed in the City of Durham.”
(c) Annual private inspection. An annual inspection report that meets City Stormwater Standards shall be provided for each Stormwater Control Measure by the persons or entities responsible for such facility, identified in (a) above. The report shall be submitted on such schedule as approved by the Department. In addition, such persons or entities shall maintain inspection and repair reports regarding the SCMs as required by City Stormwater Standards.
(d) City right to inspect. The City may inspect Stormwater Control Measures and Stormwater Conveyances located on private property. Inspection may include but is not limited to testing of structures, water, or vegetation as the City determines may be useful to determine the history or performance of the SCM or conveyance.
The following are considered a violation of this Article: noncompliance with any requirement of this Article or prior stormwater ordinances; noncompliance with City Stormwater Standards implementing this Article; and noncompliance with any approval, permit, or similar authorization granted pursuant to this Article. A violation of this Article is a violation of the City Code and is subject to all civil and criminal penalties allowed under law, in addition to those specifically set forth below. Persons and entities identified in Sec. 70-742 and 70-743(a) as responsible for compliance with this Article shall be responsible for any violation. Remedies are cumulative, and may be exercised separately, together, or in any order.