SECTION 1. PURPOSE & SCOPE
1.1 PURPOSE: The purpose of this Policy is to protect public health, safety, property, and water quality by reducing pollutants entering the Fairmont State University Municipal Separate Storm Sewer System (MS4) to the Maximum Extent Practicable (MEP) and to comply with applicable National Pollutant Discharge Elimination System (NPDES) permit requirements.
The objectives of this Policy are to:
- Regulate the contribution of pollutants to the University MS4.
- Prohibit illicit discharges and illicit connections.
- Establish the legal authority necessary to inspect, investigate, monitor, and enforce compliance.
- Establish procedures for identifying, investigating, and eliminating illicit discharges.
- Protect receiving waters from pollutants discharged through the MS4.
- Support implementation of the University's Stormwater Management Program (SWMP).
1.2 SCOPE: This Policy establishes requirements and procedures for the detection, investigation, reporting, prevention, and elimination of illicit discharges and illicit connections to the Fairmont State University MS4. It applies to University-owned property and facilities and to persons and entities conducting activities on property owned or controlled by Fairmont State University.
SECTION 2. APPROVAL, DELEGATION & APPLICABILITY
2.1 AUTHORITY: Fairmont State University, through the appropriate University administrative authority and Facilities Management, shall administer, implement, and enforce this Policy. The University shall have the authority to inspect, investigate, monitor, require corrective action, and enforce compliance with this Policy as necessary to protect public health, safety, property, and water quality and to meet applicable stormwater permit requirements.
2.2 DELEGATION: The University may designate Facilities Management personnel and other qualified representatives, consultants, contractors, or agents to administer or carry out portions of the Stormwater Management Program (SWMP) and Illicit Discharge Detection and Elimination (IDDE) Program. Any delegated authority shall remain subject to applicable University policies, procedures, contracts, and legal requirements.
2.3 APPLICABILITY: This Policy applies to all University-owned property and facilities and to all persons, contractors, vendors, tenants, organizations, and other entities operating on property owned or controlled by Fairmont State University.
SECTION 3. DEFINITIONS
3.1 ILLICIT DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater, except discharges specifically authorized by this Policy, an NPDES permit, or applicable state or federal regulation.
3.2 ILLICIT CONNECTION: Any physical connection to the MS4 through which an illicit discharge may enter the storm drainage system.
3.3 POLLUTANT: Any substance that may adversely impact water quality, including, but not limited to, sediment, trash, chemicals, solvents, fuels, oils, grease, paint, concrete washout, sewage, detergents, fertilizers, pesticides, and animal waste.
3.4 MS4: The Municipal Separate Storm Sewer System owned or operated by Fairmont State University.
SECTION 4. POLICY
4.1 POLICY: It is the policy of Fairmont State University that pollutants and unauthorized non-stormwater discharges shall not be discharged to the University's MS4, and illicit discharges and illicit connections shall be prohibited, identified, investigated, and eliminated in accordance with this Policy and applicable regulatory requirements.
4.1.1 PROHIBITED DISCHARGES No person shall discharge or cause to be discharged any pollutant or non-stormwater discharge into the University MS4 except as specifically authorized by this Policy, an applicable NPDES permit, or applicable state or federal law.
4.1.2. AUTHORIZED NON-STORMWATER DISCHARGES The following non-stormwater discharges are authorized provided they are not significant contributors of pollutants:
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- Potable water line flushing;
- Landscape irrigation;
- Lawn watering;
- Diverted stream flows;
- Rising groundwater;
- Groundwater infiltration;
- Uncontaminated pumped groundwater;
- Foundation drains;
- Footing drains;
- Crawl space pumps;
- Air-conditioning condensate;
- Springs;
- Non-commercial vehicle washing;
- Natural riparian or wetland flows;
- Dechlorinated swimming pool discharges;
- Firefighting activities; and
- Other discharges specifically approved in writing by the University.
Hyper-chlorinated discharges shall be properly dechlorinated before release.
Discharges authorized under a valid NPDES permit may enter the MS4 only when conducted in accordance with all applicable permit conditions.
4.1.3. ILLICIT CONNECTIONS The construction, use, maintenance, or continued existence of illicit connections to the MS4 is prohibited.
Any individual or entity that installs, permits, or maintains a connection between a sanitary sewer, process wastewater system, or other prohibited discharge source and the MS4 shall be considered in violation of this Policy.
4.1.4. SPILL PREVENTION AND RESPONSE Any University employee, contractor, vendor, or other person who becomes aware of a spill, release, or discharge that may enter the MS4 shall immediately notify Facilities Management and, when necessary, University Public Safety.
When safe to do so, responsible persons shall take reasonable actions to:
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- Stop the source of the discharge;
- Contain the release; and
- Prevent entry into storm drains or receiving waters.
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Spills meeting applicable state or federal reporting thresholds shall be reported to the appropriate regulatory agencies as required by law.
4.1.5. REPORTING AND INVESTIGATION The University shall maintain a mechanism for receiving reports of suspected illicit discharges, dumping incidents, spills, and illicit connections. Reports may be submitted through Facilities Management, University Public Safety, or University-designated reporting systems.
The University shall investigate reports of suspected illicit discharges within a reasonable period based upon the severity and potential environmental impact of the reported condition.
4.1.6. CORRECTIVE ACTION Where an illicit discharge or illicit connection is identified, the University may require immediate corrective action, including:
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- Elimination of the discharge;
- Cleanup activities;
- Restoration of affected property;
- Installation of appropriate best management practices (BMPs); and
- Documentation demonstrating compliance.
4.1.7. MS4 MAPPING AND RECORDKEEPING The University shall maintain and periodically update documentation and maps of its stormwater system, including, where available:
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- Storm drain infrastructure;
- Outfalls;
- Receiving waters;
- Known stormwater control measures;
- Areas of recurring stormwater concern; and
- Locations of identified illicit discharges or illicit connections.
Records associated with investigations, inspections, enforcement actions, and corrective actions shall be maintained in accordance with applicable permit requirements and University recordkeeping requirements.
4.1.8. INSPECTION AND MONITORING The University may enter and inspect facilities, construction sites, activities, or operations subject to this Policy to determine compliance.
The University may:
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- Conduct visual inspections;
- Collect samples;
- Review records;
- Photograph site conditions;
- Install monitoring equipment; and
- Require monitoring as necessary to determine compliance.
Unreasonable denial of authorized access shall constitute a violation of this Policy, subject to applicable law and University procedures.
4.1.9. TRAINING The University shall provide periodic stormwater awareness and IDDE training to employees whose duties may involve:
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- Grounds maintenance;
- Custodial activities;
- Utility maintenance;
- Construction activities;
- Environmental compliance;
- Spill response; or
- Identification of illicit discharges.
Training records shall be maintained as part of the Stormwater Management Program.
4.1.10. ENFORCEMENT The University may issue a written Notice of Violation requiring corrective action, including:
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- Monitoring, sampling, or reporting;
- Elimination of illicit discharges;
- Elimination of illicit connections;
- Cleanup and remediation;
- BMP installation;
- Restoration of affected property; and
- Reimbursement of costs incurred by the University, where authorized.
The University may take immediate action, including suspension of activities, if an illicit discharge presents a threat to public health, safety, the environment, or University property.
Failure to comply with a Notice of Violation may result in:
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- Suspension of work;
- Revocation of campus access privileges;
- Contract remedies;
- Recovery of remediation costs; and
- Referral to appropriate regulatory agencies.
4.1.11. APPEALS A person receiving a Notice of Violation may appeal the determination in writing within thirty (30) days of issuance. The University shall review the appeal and issue a final written determination in accordance with applicable University procedures.
4.2 SEVERABILITY The provisions of this Policy are severable. If any provision is determined invalid, the remainder of the Policy shall remain in full force and effect.
SECTION 5. COMPLIANCE
5.1 COMPLIANCE: This Policy shall be implemented and administered in a manner consistent with applicable federal and state environmental laws and regulations, applicable NPDES permit requirements, the University's Stormwater Management Program, and other applicable University policies and procedures.
5.2 NONCOMPLIANCE: Failure to comply with this Policy, including failure to eliminate an illicit discharge or illicit connection, comply with a Notice of Violation, provide required information, or permit authorized inspection or monitoring, may result in corrective action and enforcement measures as provided in this Policy, applicable University policies, contracts, permits, and law. The University may refer violations to appropriate regulatory agencies when required or appropriate.
SECTION 6. REVISION HISTORY
6.1 FREQUENCY OF REVIEW: This Policy shall be reviewed periodically and revised as necessary to remain consistent with applicable NPDES permit requirements, federal and state regulations, the University's Stormwater Management Program, and University policies and procedures.
6.2 APPROVED: October 22, 2026