Chapter 7.5
ENVIRONMENT*
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Cross references: Administration, ch. 2; offenses and miscellaneous provisions, ch. 10; personnel, ch. 12.
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Article I. In General
Secs. 7.5-1– 7.5-20. Reserved.
Article II. Smoking
Sec. 7.5-21. Smoking of tobacco in county-owned or leased-enclosed building or vehicle.
Secs. 7.5-22– 7.5-40. Reserved.
Article III. Noise
Sec. 7.5-41. Noise regulations.
Secs. 7.5-42– 7.5-49. Reserved.
Article IV. Litter Control
Sec. 7.5-50. Purpose.
Sec. 7.5-51. Definitions.
Sec. 7.5-52. Regulations.
Sec. 7.5-53. Evidence.
Sec. 7.5-54. Penalties for violation.
Sec. 7.5-55. Enforcement.
Secs. 7.5-56– 7.5-59. Reserved.
Article V. Graffiti Control
Sec. 7.5-60. Purpose.
Sec. 7.5-61. Definitions.
Sec. 7.5-62. Prohibited conduct.
Sec. 7.5-63. Graffiti abatement.
Sec. 7.5-64. Penalties for violation.
Sec. 7.5-65. Enforcement.
Secs. 7.5-66– 7.5-69. Reserved.
Article VI. Illicit Discharge and Illegal Connection Control
Sec. 7.5-70. Applicability.
Sec. 7.5-71. Purpose.
Sec. 7.5-72. Compatibility with other regulations.
Sec. 7.5-73. Severability.
Sec. 7.5-74. Responsibility for administration.
Sec. 7.5-75. Definitions.
Sec. 7.5-76. Prohibitions.
Sec. 7.5-77. Industrial or construction activity discharges.
Sec. 7.5-78. Access and inspection of properties and facilities.
Sec. 7.5-79. Notification of accidental discharges and spills.
Sec. 7.5-80. Violations, enforcement and penalties.
ARTICLE I.
IN GENERAL
Secs. 7.5-1– 7.5-20. Reserved.
ARTICLE II. Sec. 7.5-21. Smoking of tobacco in county-owned or leased-enclosed building or vehicle.
(a) Upon the effective date of this section smoking of cigarettes or other tobacco products by whatever name known or called now or in the future is prohibited in any enclosed building space as well as in any motor vehicle occupied by at least one nonsmoker owned or leased by the county and any of its departments, agencies, boards, authorities, and commissions. For purposes of this section the term "nonsmoker" shall mean any individual who declares that he/she does not smoke cigarettes or other tobacco products or has discontinued the smoking of cigarettes or other tobacco products.
(b) The provision of subsection (b) will in no instance conflict with any existing or future regulation(s) established for fire, health or safety reasons.
(c) The county administrator is authorized and directed to promulgate and disseminate to all employees of the county the findings contained in this article and to provide for its implementation as follows:
(1) All departments, agencies, authorities, boards, commissions and elected officers will give this article wide dissemination to all employees;
(2) All prospective new county employees will be informed of this no-smoking policy before they are hired;
(3) Smoking cessation classes will be provided to all county employees through the county health department provided the same is made available from time to time; and
(4) Signs will be placed in all appropriate spaces and county buildings indicating that smoking is not allowed with such signs to be uniform in language and color.
(d) All employees of Whitfield County share in the responsibility for adhering to and enforcing this policy.
(e) Violations and penalties.
(1) Any violations of subsection (b) or conflict concerning its implementation should be brought to the attention of appropriate supervisory personnel. In all cases the right of a nonsmoker to protect his or her health and comfort will take precedence over an employee's or nonemployee's desire to smoke.
(2) Violations of this section by an employee may be subject to appropriate disciplinary action under the provisions of Whitfield County.
(3) Any nonemployee of the county who continues to violate the provisions of subsection (b) of this section after receiving an oral request to cease smoking of the cigarette or tobacco material from authorized personnel of any department, agency, board, authority or commission with offices located in the enclosed building or having responsibility for the motor vehicle shall be subject to citation to the magistrate court of the county and upon adjudication of guilt may be fined not less than $25.00 per violation. The county administrator in implementing the provisions of this section shall designate authorized personnel in each department, agency, board, authority or commission to make such oral requests as provided in this subsection.
(Ord. of 12-27-94, §§ 2– 6)
Secs. 7.5-22– 7.5-40. Reserved.
ARTICLE III. Sec. 7.5-41. Noise regulations.
(a) It shall be unlawful for any person to make, continue or cause to be made or continued in the unincorporated areas of the county, any loud, unnecessary or unusual sound or noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the county, and which is plainly audible to a person of normal hearing ability at a distance of 100 feet from the point of origin of the sound or noise, or in the case of real property, beyond the property limits from which such sound or noise emanates, which ever is farthest.
(b) The following acts among others are declared to be loud, disturbing and unnecessary sounds or noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the county, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of such signaling device and the sounding of such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of such signaling device when traffic is held up for any reason.
(2) Radios, compact disc players, similar devices. It shall be unlawful to use or to operate (or to permit someone else to do so) any radio, radio receiving set, musical instrument, compact disc player, or other machine or device for the producing or reproducing of sound at a volume louder than reasonably necessary for the convenient hearing of a person with normal hearing abilities in the room, motor vehicle, or chamber in which such machine or device is located if such sound reasonably disturbs the peace, quiet, or comfort of other persons. The operation of such machine or device such that it may be heard from 100 feet from the source of such sound shall constitute prima facie evidence of a violation of this subsection.
(3) Loudspeakers, amplifiers. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for the purpose of attracting the attention of the public to any motor vehicle, building or structure.
(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.
(5) Animals, birds. Anyone who keeps or maintains an animal or bird that disturbs the comfort or repose of any person because the animal or bird is emitting frequent or long-continued sound or noise, and who continues to keep, maintain or allow any animal or bird to disturb the comfort or repose of any person shall be deemed in violation of this section; provided, the person keeping or maintaining such animal or bird has been first notified in writing by certified mail, return receipt requested, by the complaining party that the animal or bird being kept by the addressee is disturbing such person's comfort or repose. This section shall be liberally construed to accomplish the objectives thereof and the person making the written notification need not use the exact words of this section to the addressee so long as the notification sufficiently informs the addressee of the nature of the disturbing noise emitted by any animal or bird.
(6) Exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine, motorcycle or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. The use of special or modified standard equipment exhaust devices on motorcycles or motor vehicles to increase or modify the sound emitted by the exhaust is prohibited.
(7) Construction or repair. The erection (including excavating), demolition, alteration or repair of any building or other structure other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; except that the county may determine when the loss or inconvenience that would result to any party in interest is of such nature as to warrant special consideration, then the county through the office of the sheriff of the county, may authorize in writing, for a period not to exceed ten days or less, for this work to be done within the hours of 10:00 p.m. and 7:00 a.m.
(8) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while it is in use, or adjacent to any hospital, which unreasonably interferes with the working of the institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in these streets indicating that it is a school, hospital or court street.
(9) Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden this noise.
(c) The provisions of this section shall not apply to or be enforced against:
(1) Any vehicle of the county while engaged in necessary public business.
(2) Excavations or repairs of streets by or on behalf of the county or state at night when public welfare and convenience renders it impossible to perform this work during the day.
(3) The reasonable use of amplifiers or loud speakers in the course of public addresses which are noncommercial in character.
(d) Pursuant to the provisions contained in O.C.G.A. § 36-1-20(b), the jurisdiction of all alleged violations of this section shall be in the magistrate court of the county. The maximum punishment for the violation of any provision of this section shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(Ord. of 5-14-96; Res. of 8-14-00)
Secs. 7.5-42– 7.5-49. Reserved.
ARTICLE IV. Sec. 7.5-50. Purpose.
It is the intention of the county board of commissioners by this article to provide for uniform prohibition throughout the unincorporated portion of Whitfield County (hereinafter sometimes referred to as "county") of any and all littering upon public or private property, and to obviate, thereby, the desecration of the beauty of the county and harm to the health, welfare, and safety of its citizens caused by individuals who litter.
(Res. of 1-8-01)
Sec. 7.5-51. Definitions.
As used in this article, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
Litter shall include, but not be limited to, all sand, gravel, slag, brickbats, rubbish, waste material, aluminum cans, refuse, cigarette butts, garbage, carpet selvedge, trash, debris, dead animals, or discarded materials of every kind and description which are not waste, as such term is defined in O.C.G.A. § 16-7-51.
Public or private property shall include the public or private right-of-way of any roadway or highway; any body of water or watercourse, or the shores thereof; any park, playground, building, refuge, or conservation, or recreation area, and all residential, or farm properties, timberland, or forests.
(Res. of 1-8-01)
Sec. 7.5-52. Regulations.
(a) It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause, or to permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in Whitfield County, or any waters in Whitfield County unless:
(1) Such property is designated by the State of Georgia, or by any of its agencies, or political subdivisions, for the disposal of such litter, and such a person is authorized by the proper public authority to use such property in such manner. This exception specifically refers to, but is not limited to, all lands owned, leased, controlled, or operated by or on behalf of the Dalton-Whitfield County Regional Solid Waste Authority.
(2) Such litter is placed into a litter receptacle or container installed upon such property for such purpose.
(3) Such person is the owner, or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner, or tenant, all in a manner consistent with the public welfare and not in violation of any other law, statute, rule, or ordinance promulgated by any political subdivision having authority to do so.
(b) Upon conviction of violation of subsection (a), the court shall cause to be published in the Dalton Daily Citizen the names and offenses of persons convicted of violating such section.
(Res. of 1-8-01)
Sec. 7.5-53. Evidence.
(a) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, bicycle, airplane, or other vehicle in violation of this article, it shall be prima facie evidence that the operator thereof has violated this article.
(b) Except as provided in subsection (a) of this section, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this article is discovered to contain any items, including but not limited to letters, bills, publications, or other writings which display the name of the person thereon in such a manner as to indicate that the item belongs to such person, it shall become a rebuttable presumption that such person has violated this article.
(Res. of 1-8-01)
Sec. 7.5-54. Penalties for violation.
(a) Pursuant to the provisions contained within O.C.G.A. § 36-1-20(b), the jurisdiction of all alleged violations of this article shall be in the Whitfield County Magistrate Court. The minimum punishment for violation of any provision of this article shall be no less than $100.00 for the first offense and the maximum punishment for violation of any provision of this article shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(b) In the sound discretion of the court, the person may be directed to pick up and remove from any public street, or highway, or public right-of-way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence.
(c) In the sound discretion of the court in which conviction is obtained, the person may be directed to pick up and remove from any public park, private right-of-way, or with prior permission of the legal owner, or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(Res. of 1-8-01)
Sec. 7.5-55. Enforcement.
All law enforcement agencies, officers, certified peace officers, and/or officials of the State of Georgia, or any code enforcement officer of Whitfield County, or any enforcement agency, officer, or any official of any commission of this state, or any political subdivision thereof, are hereby authorized, empowered, and directed to enforce compliance with this article.
Secs. 7.5-56– 7.5-59. Reserved.
ARTICLE V. ------------
Editor's note: Res. of 12-10-07, § 1, adopted Dec. 10, 2007, repealed the former Art. V, §§ 7.5-60– 7.5-64, and enacted a new Art. V as set out herein. The former Art. V pertained to similar subject matter and derived from Ord. of 4-11-05, § 1.
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Sec. 7.5-60. Purpose.
It is the intention of the Whitfield County Board of Commissioners by this article to provide for uniform prohibition throughout the unincorporated portion of Whitfield County (hereinafter sometimes referred to as "county") of any and all application of graffiti upon public or private property, and to obviate thereby the desecration of the beauty of the county and harm to the health, welfare, and safety of its citizens caused by individuals who apply graffiti. It is furthermore the intention of the Whitfield County Board of Commissioners to establish a program for the removal of graffiti from public and private property. The Board of Commissioners of Whitfield County herewith finds and declares that graffiti constitutes a public nuisance and is destructive of the rights and values of all property owners. Whitfield County is authorized to enact these provisions pursuant to its police powers to protect the health, safety, welfare, and morals of the citizens of Whitfield County.
(Res. of 12-10-07, § 1)
Sec. 7.5-61. Definitions.
As used in this article, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
Abate shall mean to remove or cover graffiti.
Graffiti shall specifically include the defacing, inscribing, etching, damaging, tagging, or destroying, by means of paint, ink, enamel, chalk, dye, or other similar substances, or by means of etching or carving, designed to leave markings upon public and/or private property, including, but not limited to, structures, dwellings, roadways, bridges, or over passes.
Graffiti implement shall mean an aerosol paint container, paint stick, or graffiti stick, etching equipment, brush, or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
Public or private property shall include all tangible real and/or personal property of any third party, including, but not limited to, the right-of-way of any public or private roadway or highway; any body of water or watercourse, or the shores thereof; any park, playground, building, refuge, or conservation, or recreation area, and all residential, or farm properties, timberland, or forests.
(Res. of 12-10-07, § 1)
Sec. 7.5-62. Prohibited conduct.
(a) It shall be unlawful for any person to apply graffiti upon any public or private property in Whitfield County, unless such person is the owner, or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner, or tenant, all in a manner consistent with the public welfare and not in violation of any other law, statute, rule, or ordinance promulgated by any political subdivision having authority to do so.
(b) It shall be unlawful for any person under the age of 21 to possess any graffiti implement while upon any school property, grounds, facilities, buildings, or structures, or in any area immediately adjacent thereto upon public property, or upon private property without the prior consent of the owner or occupant thereof.
(Res. of 12-10-07, § 1)
Sec. 7.5-63. Graffiti abatement.
(a) When the county administrator shall become aware of the existence of markings consistent with the definition of graffiti hereinabove, upon any real or personal property within the unincorporated portion of Whitfield County, that is visible either from any public right-of-way or from any public land, the county shall make a reasonable good faith effort to contact the owner, occupant, tenant, or person otherwise controlling or having primary responsibility for the repair and maintenance of such property to determine if the markings were authorized.
(b) If the markings were not authorized, the county shall deliver to such person(s) a document which, when completed and signed, shall grant consent to the county to cause third parties to come upon such properties for the purpose of abating all graffiti pursuant to the "Report and Paint Program," or its successor program.
(c) If such person(s) fails or refuses to execute and return such form within five days of receiving it, or if the owner, tenant, occupant, or person otherwise controlling or having primary responsibility for the repair or maintenance of such property cannot be found, then the owner of record shall be required to abate graffiti which was applied in violation of subsection 7.5-62(a) within ten days after written demand by the county. Written notice mailed to the property owner's address as shown on upon the records maintained by the Whitfield County Tax Assessor's office shall be deemed received the day following the day mailed, as shown by the postmark. If the property owner shall fail or refuse to abate all graffiti within ten days thereafter, the property owner shall be deemed to have consented to entry upon the property by the county or its designee for the limited purpose of graffiti abatement. In such instance, the owner shall reimburse the county the actual cost incurred by the county for the abatement, not to exceed $250.00.
(Res. of 12-10-07, § 1)
Sec. 7.5-64. Penalties for violation.
Pursuant to the provisions contained within O.C.G.A. § 36-1-20(b), the jurisdiction of all alleged violations of this article shall be in the Whitfield County Magistrate Court. The minimum punishment for violation of any provision of this article shall be not less than $500.00 for the first offense and the maximum punishment for violation of any provision of this article shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both. Restitution, where appropriate, shall be awarded in the discretion of the court.
(Res. of 12-10-07, § 1)
Sec. 7.5-65. Enforcement.
All law enforcement agencies, officers, certified peace officers, and/or officials of the State of Georgia, or any code enforcement officer of Whitfield County, or any enforcement agency, officer, or any official of any commission of this state, or any political subdivision thereof, are hereby authorized, empowered, and directed to enforce compliance with this article.
(Res. of 12-10-07, § 1)
Secs. 7.5-66– 7.5-69. Reserved.
ARTICLE VI. Sec. 7.5-70. Applicability.
The provisions of this article shall apply throughout the unincorporated areas of Whitfield County, Georgia.
(Ord. of 6-12-06, § 1)
Sec. 7.5-71. Purpose.
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 county separate storm sewer system (MS4) to the maximum extent practicable, as required by state and federal law. This article establishes methods for controlling the introduction of pollutants into the county MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater General Permit. The objectives of this article are to:
1. Regulate the contribution of pollutants to the county MS4 by any person, property owner, site operator, etc;
2. Prohibit illicit discharges and illegal connections to the county MS4;
3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the county MS4; and,
4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this article.
(Ord. of 6-12-06, § 1)
Sec. 7.5-72. Compatibility with other regulations.
This article is not intended to modify or repeal any other ordinance, rule, regulation, other provision of law. The requirements of this article 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.
(Ord. of 6-12-06, § 1)
Sec. 7.5-73. Severability.
If the provisions of any section, subsection, paragraph 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, or clause of this article.
(Ord. of 6-12-06, § 1)
Sec. 7.5-74. Responsibility for administration.
The county administrator, or his or her designee, shall administer, implement, and enforce the provisions of this article. All certified peace officers, Whitfield County Code Enforcement Officers, the public works director, the building, zoning, and development director, the county attorney, and all other persons designated by the county administrator shall be empowered to enforce the provisions hereof.
(Ord. of 6-12-06, § 1)
Sec. 7.5-75. Definitions.
For purposes of this article, the following terms shall have the following meanings:
Accidental discharge means a discharge prohibited by this ordinance which occurs by chance and without planning or thought prior to occurrence.
Clean water act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.,) and any subsequent amendments thereto.
Construction activity means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
County separate storm sewer system means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, county roads, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
(a) Owned or maintained by Whitfield County;
(b) Not a combined sewer; and
(c) Not part of a publicly-owned treatment works.
Illicit discharge means any direct or indirect non-stormwater discharge to the county separate storm sewer system, except as exempted in 7.5-76.
Illegal connection means either of the following:
(a) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or
(b) Any pipe, open channel, drain or conveyance connected to the county MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Industrial activity means activities subject to NPDES industrial permits, as defined in 40 CFR, Section 122.26 (b)(14.)
National pollutant discharge elimination system (NPDES) storm water discharge permit means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.
Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county or other political subdivision of the state, any interstate body or any other legal entity.
Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.
Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Premises mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person.
Stormwater runoff or stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
(Ord. of 6-12-06, § 1)
Sec. 7.5-76. Prohibitions.
(a) Prohibition of illicit discharges.
No person shall dispose, discard, drain, or otherwise discharge, cause, or allow others under its control to dispose, discard, drain, or otherwise discharge into the county MS4 any contaminated or polluted water, liquids, materials, waste products, other than stormwater.
The following discharges to the MS4 are exempt from the prohibition provision above:
(1) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, non-commercial car wash water, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
(2) Discharges or flows from fire fighting, and other discharges specified in writing by the county as being necessary to protect public health and safety;
(3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an approved NPDES permit or order issued to the discharger and administered under the authority of the Georgia Environmental Protection Division (EPD) and the United States Environmental Protection Agency (USEPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the county MS4.
(b) Prohibition of illegal connections.
The construction, connection, use, maintenance or continued existence of any illegal connection to the county MS4 is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person violates this article if the person connects a line conveying sewage to the county MS4, or allows such a connection to continue.
(3) Improper connections in violation of this article must be abated, disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system with approval of Dalton Utilities.
(4) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the county requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the county.
(Ord. of 6-12-06, § 1)
Sec. 7.5-77. Industrial or construction activity discharges.
Any person subject to an NPDES industrial stormwater permit or NPDES construction activity permit administered by the Georgia EPD shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the county prior to allowing discharges to the county MS4.
(Ord. of 6-12-06, § 1)
Sec. 7.5-78. Access and inspection of properties and facilities.
Duly authorized representatives of the county shall be permitted to enter and to inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.
(1) If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the county.
(2) The property owner or operator shall allow the county staff ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.
(3) The county shall have the right to set up on any property or facility such devices as are necessary in the opinion of the county to conduct monitoring and/or sampling of flow discharges.
(4) The county may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the county. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and water quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the county and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) Unreasonable delays in allowing the county access to a facility is a violation of this article.
(7) If the county has been refused access to any part of the premises from which stormwater is discharged, and the county is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the county may seek issuance of a search warrant from any court of competent jurisdiction.
SMOKING
NOISE
LITTER CONTROL
GRAFFITI CONTROL*
ILLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL