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§ 53.06 DISCHARGE PROHIBITIONS; EXEMPTIONS AND REQUIREMENTS.
   (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
§ 53.07 ELIMINATION OF ILLEGAL DISCHARGES.
   The county may require, by written notice, that a person responsible for an illegal discharge immediately, or by a specified date, discontinues the discharge and, if necessary, takes measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
§ 53.08 REQUIREMENT TO ELIMINATE OR SECURE APPROVAL FOR ILLICIT CONNECTIONS.
   (A)   The county may require, by written notice, that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval from the County Engineer for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.
   (B)   (1)   If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request county approval to reconnect.
      (2)   The reconnection or reinstallation of the connection shall be at the responsible person's expense.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
§ 53.09 SUSPENSION OF MS4 ACCESS.
   (A)   Suspension due to illicit discharges in emergency situations. The county may, without prior notice, suspend MS4 discharge access to a person when the suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons or to the MS4 or other watercourses. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take steps as deemed necessary to prevent or minimize damage to the MS4 or other watercourses or to minimize danger to persons.
   (B)   Termination due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if the termination would, in the judgment of the authorized enforcement agency, abate or reduce an illicit discharge. The authorized enforcement agency will notify the violator of the proposed termination of his or her MS4 access. The violator may petition the authorized enforcement agency for a post-termination hearing regarding the termination of access. The hearing shall be conducted in accordance with rules promulgated by the authorized enforcement agency. A person commits a violation of this chapter if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(Ord. 2008-08, passed 5-5-2008)
§ 53.10 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
   Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the county prior to or as a condition of a subdivision, site plan, building permit or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
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