(A) Prohibitions.
(1) No person shall discharge or cause to be discharged into the municipal separate storm sewer system (MS4) or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. Common storm water pollutants include, but are not limited to, paints, varnishes and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; trash, refuse, rubbish, garbage, food waste, litter or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; oil and grease; cleaning products; pesticides, herbicides and fertilizers; landscaping materials; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from construction activities including, but not limited to, painting, paving, concrete placement, sawcutting and grading; wastes and residues that result from mobile washing operations; discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning; substances added to the storm drain to control root growth and noxious or offensive matter of any kind.
(2) It shall be unlawful for any person to intentionally dump liquids or solids that are considered pollutants on the ground where there is potential exposure to rain or storm water and potential for the pollutant to reach the MS4 of the county.
(3) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(4) No person owning or in control of any premises shall connect a line conveying sewage to the MS4 or allow such a connection to continue.
(5) It shall be unlawful to cause materials to be deposited in a manner or location as to constitute a threatened discharge into storm drains, gutters or other watercourses. Materials that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.
(6) No person shall maliciously destroy or interfere with BMPs implemented to protect water quality.
(B) Exemptions. The following discharges are exempt from the discharge prohibitions established by this chapter when properly managed:
(1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains (as defined by 40 C.F.R. § 35.2005(20)), uncontaminated pumped ground water, foundation or footing drains, crawl space pumps, air conditioning condensation, springs, individual residential car washing or car washing of less than two consecutive days in duration for charity or nonprofit fund raising, natural riparian habitat or wet-land flows, firefighting activities and any other water source not containing pollutants;
(2) Discharges approved by the authorized enforcement agency as being necessary to protect public health and safety, such as flows from firefighting;
(3) Dye testing, provided the person undertaking the testing provides verbal notification to the authorized enforcement agency 24 hours prior to the time of the test;
(4) The prohibitions set forth in § 53.06(A) shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver or waste discharge order issued and administered under the authority of the Federal Environmental Protection Agency; provided that, the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations and provided that written approval has been granted by the county for any discharge to the storm drain system; and
(5) The county may exempt in writing other non-storm water discharges which are not a source of pollutants to the MS4 or other watercourses.
(C) Requirements applicable to potential dischargers.
(1) Watercourse protection. Every person owning property through which a watercourse passes, or the person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function or physical integrity of the watercourse.
(2) Minimization of landscaping irrigation runoff. A discharge of landscaping irrigation water that is of sufficient quantity to cause a concentrated flow in the municipal separate storm sewer system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.
(3) Cleaning of paved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as necessary to prevent the buildup and discharge of pollutants. The visible buildup on a paved service of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping or other methods in compliance with this chapter.
(4) Mobile cleaning operations. Mobile cleaning operations shall not discharge to the municipal separate storm sewer system in violation of this chapter.
(5) Maintenance of equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants.
(6) Reduction of leaking fluids. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.
(7) Materials storage. In addition to other requirements of this chapter, materials such as, but not limited to, stockpiles used in construction and landscaping activities shall be stored to prevent the potential release of pollutants.
(8) Pet waste. Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner to prevent the discharge to the MS4.
(9) Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. Pesticides, herbicides and fertilizers shall be stored in a manner to prevent release to the MS4.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99