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Apex, NC Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Illicit discharge penalty
$100 to $500+ per day
Repeat offender penalty
one category level higher
Illicit connection removal deadline
1 year, no grace if hazardous
Stormwater fee basis
2,700 sq ft impervious = 1 ERU
Enforcing agency
Environmental Programs Division

Summary

Apex prohibits any non-stormwater discharge into its municipal storm sewer system and bans illicit drainage connections, enforcing violations with civil penalties running up to $500+ per day under the town's illicit discharge ordinance.

No person shall cause or allow the discharge, emission, disposal, pouring or pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid, solid, gas or other substance other than stormwater... The construction, use, maintenance or continued existence of illicit connections is prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Apex's Town Code makes it unlawful to discharge anything but stormwater into the town's municipal separate storm sewer system (MS4), and bans illicit connections outright, even ones built before the ordinance, which must be removed within one year unless they carry hazardous materials, in which case there is no grace period at all. The rule implements the town's NPDES Phase II stormwater permit and applies within Apex's corporate limits. Separately, nearly all developed land in town, public or private, pays a monthly stormwater utility fee based on impervious surface area (2,700 sq ft equals one equivalent residential unit), funding pipes, ditches, and drainage maintenance; only undeveloped land, public right-of-way, and a handful of other listed categories are exempt.

Violations & Fines

Discharging yard waste or small amounts of household products draws a Category I penalty up to $100/day; other illicit discharges or connections run $500/day (Category II) or higher for repeat offenders, plus 25% more in the watershed protection overlay.

Frequently Asked Questions

Does Apex's stormwater discharge ban apply outside the town limits?
The illicit discharge ordinance applies within Apex's corporate limits; the town's MS4 definition also reaches its extraterritorial jurisdiction, but broader drainage regulation beyond that falls to Wake County.
Do I owe a stormwater fee even if I'm not on town water or sewer?
Yes. Apex charges a monthly fee on nearly all developed land based on impervious surface area, whether or not the property connects to town water or sewer; only a few listed exemptions apply.
Who enforces Apex's stormwater discharge rules?
The town's Environmental Programs Division inspects facilities and issues violation notices; civil penalties run from $100 to $500+ per day and increase 25% for violations within the watershed protection overlay district.

Sources & Official References

Other rules in Apex

All Apex rules

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