Stormwater & Illicit Discharge

33 U.S.C. §1251 et seq. (1972)

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. EPA has also developed national water quality criteria recommendations for pollutants in surface waters.

Stormwater is rain and snow melt that runs off surfaces such as rooftops, paved streets, highways, and parking lots.  As water runs off these surfaces, it can pick up pollution such as oil, fertilizers, pesticides, soil, trash, and animal waste and could flow directly into local streams or lakes.  If not addressed, these problems could result in increased water treatment costs, federal government-mandated restoration, and a decrease in the quality of our environment. 

Stormwater management is the effort to reduce runoff of rainwater or melted snow into streets, lawns and other sites and the improvement of water quality, according to the United States Environmental Protection Agency (EPA).

When stormwater is absorbed into the soil, it is filtered and ultimately replenishes aquifers or flows into streams and rivers. However, when heavy rainwater hits, the ground saturated by water creates excess moisture that runs across the surface and into storm sewers and road ditches. This water often carries debris, chemicals, bacteria, eroded soil, and other pollutants, and carries them into streams, rivers, lakes, or wetlands. A natural environment, like a desert or mountain, can absorb (infiltrate) a lot of rainwater; and when the sponge (soil profile) is saturated the water begins to accumulate and flow as rivulets, streams, or rivers. Because this natural environment has minimal uses, like hiking or low-impact grazing, very few pollutants are expected in the runoff.

What is Illicit Discharge?

An illicit (illegal) discharge is any discharge to a municipal storm sewer system that is not composed entirely of stormwater. 

• Storm drains transport rainwater from driveways, roads, and yards directly into nearby streams. They do not go to a treatment plant or get treated before ending up in the river or pond.
• Anything you put in a storm drain ends up in a creek, river, or body of water.
• One quart of oil can contaminate up to 2 million gallons of drinking water.
• About 71% of the Earth's surface is water-covered.
• Plants and soil filter water and improve water quality
• Almost 80 percent of rainwater runs off a lawn—it does not soak into the ground.
• The first inch of rainstorm runoff generally carries 90 percent of the pollution.
• 16 times more stormwater runoff is produced by a one-acre parking lot than is produced by a meadow of the same size.
• Pesticides - Over-application and applications where pesticides or herbicides mix with stormwater runoff can result in "non-pests" being killed. The natural environment becomes damaged. We are concerned with the impact on those "non-pests" who live in our lakes, rivers, and streams. And also those creatures who drink the water, bathe in the water and feed on the ones that live in the water. They all can be severely affected by a chemically-contaminated environment.

The point in a storm sewer system where it empties into a body of water is a storm sewer outfall.  It may be a pipe or ditch.  If the outfall is flowing when there has been no recent rainfall, this may indicate an illicit discharge.  Visible sewage waste, foul odor, suds, or other evidence of contamination, are indicators that an illicit discharge is contaminating the storm sewer. 

• Motor oil, antifreeze, or any other motor vehicle fluid
• Garbage, trash, yard waste, or animal waste
• Industrial and hazardous waste
• Fertilizer and pesticides (Don't apply right before it rains and don't use more than is required)
• Draining a swimming pool or spa (that has not been dechlorinated) into a storm drain
• Dumping of landscape material
• Contaminated water from construction sites

Every county, city, and town has its own rules about stormwater discharges. Most charge a fine to individuals or companies who illegally discharge pollutants into stormwater systems or natural water bodies. Your community also wants to hear from you if you see that an illicit discharge has occurred or is occurring. Contact your local stormwater or public works department to report violations. Be prepared to give the address and details about the evidence you saw. You can photo-document what is going on in your stream too.

CWA requires the government to comply with the conditions of the permit, just as it would for construction or industrial sites.

The stormwater management program reports to the EPD how the City of Conyers addresses the following permit requirements:

• Control of illicit discharge
• Discharge from construction site (active and post-construction)
• Discharge from industrial facilities
• Implementation of pollution prevention / good housekeeping practices
• Involvement of and outreach to the public

12-5-4 Prohibition of illicit discharges. (Code 1990, § 12-5-4; Ord. No. 698, 10-20-2004)

5-7-5 Prohibition against littering public or private property or water - shall be unlawful for any person or persons to dump, deposit, throw, or leave or cause or permit the dumping, depositing, throwing, or leaving of litter on any public or private property in the City or ion any City waters.

5-7-6 Vehicle Loads Causing Litter - no person shall operate any motor vehicle with a load on or in such a vehicle unless the load is adequately secured to prevent dripping or shifting of material from such load on the roadway.

How Do You Prevent Illicit Discharges?

A good rule of thumb is to use basic “common sense.”  Think before you begin dumping into the street or allow runoff to leave your yard.

• Do not spray pesticides, herbicides and fertilizers near storm drains, or where runoff will enter into the system
• Do not pour household cleaners, auto fluids, etc., onto the driveway or in the street. Driveways and streets are designed to shed water away and take it directly to the storm system.
• Do not blow leaves, grass clippings or mulch into storm drains. This can clog up and hinder the use of the system and could also potentially cause flooding in extreme rain conditions.
• Do not store or expose materials to rain that could be carried away or “washed off” that might drain into the roads or ditches.
• Pick up litter and trash in ditches or near storm drains or streams.