§ 2. Findings of fact.

The city council finds that the uncontrolled discharge of pollutants to the storm sewer system has an adverse impact upon the water quality of the receiving waters. More specifically:

(a)

The water quality of discharges from separate storm sewers draining residential, commercial and light industrial sites was characterized by the National Urban Runoff Program (NURP), which conducted sampling programs from 1978 through 1983. NURP concluded that the quality or urban runoff can be adversely impacted by several sources of pollutants, including illicit connections, industrial site runoff and illegal dumping. Other studies have shown that storm sewers contain illicit discharges of substances other than stormwater and that large amounts of waste, particularly used oils, are improperly disposed of in storm sewers.

(b)

The Federal Water Pollution Control Act, commonly known as the Clean Water Act, established the National Pollutant Discharge Elimination System (NPDES) program, which requires permits for discharges from municipal storm sewers into waters of the United States. The Environmental Protection Agency has promulgated regulations implementing the NPDES program.

(c)

The NPDES regulations for stormwater discharges require certain municipalities, including the City of Virginia Beach, to:

(1)

Control through ordinance, permit, contract, order or similar means, the contribution of pollutants to municipal storm sewers by stormwater discharges associated with industrial activity and the quality of stormwater discharged from sites of industrial activity;

(2)

Prohibit through ordinance, order or similar means, illicit discharges to municipal storm sewers;

(3)

Control through ordinance, order or similar means discharges to municipal storm sewers of spills, dumping or disposal of materials other than stormwater;

(4)

Require compliance with conditions in ordinances, permits, contracts or orders; and

(5)

Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions, including the prohibition on illicit discharges to the municipal storm sewer system.