Illicit Connections

An Illicit Discharge Detection and Elimination (IDDE) ordinance provides the legal authority for a municipality to control, investigate, and enforce against prohibited non-stormwater discharges into its municipal separate storm sewer system (MS4). An illicit discharge is any discharge to the MS4 that is not composed entirely of stormwater, with the exception of certain allowable discharges or those covered by a National Pollutant Discharge Elimination System (NPDES) permit. Sources of illicit discharges are varied and can include failing septic systems, illegal dumping, and direct, improper connections of industrial or commercial wastewater pipes to storm drains.

Effective IDDE programs are a foundation of municipal Stormwater Management programs. They are designed to prevent the contamination of surface and ground water by systematically finding and eliminating these non-stormwater discharges. The legal framework established by an IDDE ordinance is critical, granting municipal staff the authority to inspect private property, require corrective actions, and levy penalties to ensure compliance.

The City of Fort Worth, Texas, Environmental Code for Stormwater Protection is a nationally recognized example of a comprehensive and enforceable IDDE ordinance. It serves as a strong model due to its clear prohibitions, detailed definitions, and robust enforcement powers. This model can be supplemented by more targeted regulations, such as Washtenaw County, Michigan’s time-of-sale septic system inspection ordinance or the Metropolitan St. Louis Sewer District’s sewer use ordinance, which address specific pollutant pathways that can contribute to illicit discharges.

Key provisions

The Fort Worth ordinance provides a detailed framework for identifying and eliminating illicit discharges. Its key provisions establish broad prohibitions while also regulating specific high-risk activities and granting the city significant enforcement authority.

Applicability

The ordinance applies to all discharges into the City of Fort Worth’s MS4. It establishes a general prohibition against any non-stormwater discharge from any person or property. The code is structured into several divisions, with specific, detailed regulations for mobile commercial cosmetic cleaning operations (e.g., power washing) and for facilities with stormwater discharges associated with industrial and construction activity.

Prohibitions and Exemptions

The core of the ordinance is a direct prohibition against introducing any discharge into the MS4 that is not composed entirely of stormwater. It also explicitly forbids the connection of any line conveying sanitary sewage to the storm sewer system, declaring such a connection a public nuisance.

However, the ordinance recognizes that many common activities generate non-polluting flows. It provides an affirmative defense for certain categories of discharges, provided they have not been identified by the city’s environmental director as a source of pollutants. These exemptions provide practical flexibility for residents and businesses while maintaining the city’s authority to protect water quality.

Special Provisions for Specific Activities

The ordinance includes dedicated divisions to regulate activities known to be potential sources of illicit discharges.

• Cosmetic Cleaning: Mobile commercial power washing and steam cleaning businesses must obtain a valid permit from the city. Their vehicles must be registered and display registration numbers. The ordinance mandates specific best management practices (BMPs), such as pre-cleaning oil and grease with absorbent material, screening storm drain inlets, and using oil-absorbent booms before discharging wash water to the MS4. Wash water containing soaps or other chemicals must be collected and discharged to the sanitary sewer.
• Industrial and Construction Activity: Facilities required to have an NPDES or state-level permit for stormwater discharges must submit a copy of their Notice of Intent (NOI) to the city. This provision ensures the municipality is aware of all permitted industrial dischargers within its jurisdiction. It also gives the Director authority to review a facility’s Stormwater Pollution Prevention Plan (SWPPP) and require modifications if it is deemed insufficient to meet permit requirements. These provisions complement a community’s primary Erosion and Sediment Control ordinance.

Inspection and Access

A critical element of any IDDE program is the ability to inspect potential pollution sources. The Fort Worth ordinance grants the Director clear authority to enter and inspect any facility regulated under the article. Facility operators must provide ready access to all parts of the premises for inspection, sampling, and copying of records. The ordinance explicitly states that unreasonable delays in allowing access constitute a violation, strengthening the city’s ability to conduct timely investigations.

Enforcement and Penalties

The ordinance provides a range of strong enforcement tools to compel compliance. Any actual or threatened illicit discharge is declared a nuisance. For immediate threats to public health or the environment, the city has the authority to suspend water service, sanitary sewer service, or MS4 access without prior notice. For non-emergency violations, the city can terminate these services after notifying the violator.

Reinstatement of service is contingent upon the violator providing proof that the discharge has been eliminated, its cause corrected, and paying the city for all costs incurred in responding to the incident and reinstating service. These provisions give the municipality significant leverage to ensure that illicit discharges are corrected quickly and effectively.

Selected provisions, annotated

A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater.

City of Fort Worth Environmental Code, Sec. 12.5-302(a)

This statement forms the legal foundation of the entire ordinance. Its broad and unambiguous language establishes a clear, enforceable standard that prohibits all non-stormwater discharges unless they are explicitly allowed by a permit or a specific exemption listed elsewhere in the code.

No affirmative defense shall be available…if the discharge or flow in question has been determined by the Director to be a source of a pollutant or pollutants…written notice of such determination has been provided to the discharger; and the discharge has continued after the expiration of the time given in the notice…

City of Fort Worth Environmental Code, Sec. 12.5-302(c)

This clause provides a critical safeguard. While the ordinance lists several “allowable” non-stormwater discharges, this provision gives the city authority to override an exemption if a specific discharge is found to be causing pollution. This ensures that the municipality retains ultimate control over protecting its water resources from any contamination source.

The City may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to the MS4…when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger…

City of Fort Worth Environmental Code, Sec. 12.5-305(a)

This provision grants the city powerful emergency authority. The ability to suspend essential utility services provides immediate leverage to stop a severe pollution event. This is a significant deterrent and an effective tool for compelling rapid corrective action when public health or the environment is at immediate risk.

What makes it a useful model

The Fort Worth ordinance is a useful model because it is comprehensive, clearly written, and legally robust. The extensive definitions section provides a solid foundation for interpretation and enforcement, minimizing ambiguity about what constitutes a pollutant, a harmful quantity, or an illicit discharge. The structure, which combines a general prohibition with specific regulations for high-risk activities like industrial operations and mobile cleaning, allows for both broad application and targeted control.

The ordinance’s primary strength lies in its enforcement mechanisms. Granting the municipality the authority to suspend water and sewer service is a powerful tool that can compel immediate compliance in ways that monetary fines alone may not. This, combined with clear right-of-entry provisions, equips municipal staff with the necessary authority to operate an effective IDDE program. The detailed permitting process for mobile cosmetic cleaners is a practical example of addressing a common but often overlooked source of urban pollutants.

While comprehensive, the Fort Worth model can be effectively paired with other targeted ordinances to address specific local issues. For communities with a high density of onsite wastewater systems, a regulation like that of Washtenaw County, MI, which requires septic system inspections at the time of property sale, can be an effective tool for identifying and correcting failing systems that pollute groundwater and surface water. This targeted approach is a valuable component of a broader Groundwater Protection strategy. Similarly, a sewer use ordinance, such as that used by the Metropolitan St. Louis Sewer District, helps control pollutants entering the sanitary sewer system, reducing the potential for contamination of the storm sewer system through illicit cross-connections.

Adaptation checklist for municipalities

When adapting this model for a local jurisdiction, planners and legal counsel should address the following elements to ensure the ordinance is effective and legally sound:

• Define the MS4: Clearly delineate the boundaries and components of the municipality’s specific storm sewer system to which the ordinance applies.
• Identify Administrative Authority: Designate a specific municipal department and official (e.g., Director of Public Works, Environmental Services Manager) with the authority to administer and enforce the ordinance.
• Review State and Federal Law: Ensure all provisions, particularly those related to right-of-entry, enforcement, and penalties, are consistent with and authorized by state law and the federal Clean Water Act.
• Customize Exempted Discharges: Review the list of allowable non-stormwater discharges and modify it to reflect local conditions, industries, and water quality priorities.
• Establish Legal Authority for Enforcement: Confirm that the municipality has the legal power to implement the specified enforcement actions, particularly the suspension of utility services.
• Integrate with Existing Codes: Cross-reference and ensure consistency with other relevant local codes, such as the plumbing code, fire code, and general nuisance ordinances.
• Develop Permitting and Fee Structures: If regulating specific activities like mobile cleaning, establish a clear application process, permit conditions, and a fee schedule to cover administrative costs.
• Update Agency Names and References: Replace all references to Texas-specific agencies (e.g., TNRCC) and Fort Worth departments with the appropriate local and state equivalents.
• Establish Appeal Procedures: Define a clear and legally defensible process for individuals or businesses to appeal enforcement actions, such as permit denials or service suspensions.
• Coordinate with Health Departments: For communities with septic systems, coordinate with the local health department to align the IDDE ordinance with any existing or proposed onsite system regulations.