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(A) Allowable discharges.
(1) The following types of discharges shall not be prohibited discharges unless the Director determines that the type of discharge, whether singly or in combination with others, causes contamination of surface water, stormwater or groundwater; causes overload or damage to the MS4 or has the potential to endanger public health and safety; or causes the city to violate its OPDES Municipal Storm Water Discharge Permit:
(a) Water line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground waters;
(e) Residential building wash water without detergents;
(f) Uncontaminated pumped ground water;
(g) Uncontaminated ground water infiltration;
(h) Discharges from potable water sources;
(i) Foundation drains;
(j) Air conditioning condensate;
(k) Irrigation water;
(m) Water from crawl space pumps;
(n) Footing drains;
(o) Lawn watering;
(p) Individual residential car washing;
(q) De-chlorinated swimming pool discharges;
(r) Street wash water;
(s) Fire hydrant flushings;
(t) Non-commercial or charity car washes;
(u) Discharges from riparian areas and wetlands;
(v) Discharges in compliance with a separate Oklahoma Pollutant Discharge Elimination System (OPDES) or National Pollutant Discharge Elimination System (NPDES) NPDES Permit;
(w) Discharges or flows from emergency fire fighting activities provided that the Incident Commander, Fire Chief or other on-scene fire fighting official in charge makes an evaluation regarding potential releases of pollutants from the scene and summons the hazardous material team if pollutants are suspected. Discharges or flows from fire fighting training activities are not authorized by OKR04 as allowable discharges.
(2) Dye testing shall be an allowable discharge, but shall require verbal notification to the Director prior to testing. The city shall be exempt from this requirement.
(3) Any discharge that has a current NPDES discharge permit with the EPA or has a current OPDES discharge permit with the ODEQ shall be an allowable discharge, with the following exceptions:
(a) A discharge that results in the city violating its OPDES Municipal Storm Water Discharge Permit;
(b) A discharge the Director determines causes contamination of surface water, stormwater or groundwater within the city; or
(c) A discharge that could block or damage the MS4.
(4) Stormwater that is not associated with and/or intermingled with stormwater that is associated with industrial activity required to obtain an “NPDES Stormwater Discharge Permit” as defined in 40 CFR Part 122, before the point source discharge to the municipal to the MS4, is an allowable discharge.
(5) Any stormwater that is associated with industrial activity and has had pollutants removed by structural or nonstructural BMPs to a level considered satisfactory by the Director is an allowable discharge.
(B) Prohibited discharges.
(1) (a) No person shall discharge or cause to be discharged into the municipal storm water drainage system 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 stormwater. The commencement, conduct or continuance of any unlawful discharge is prohibited.
(b) It is unlawful for any residence or business to allow drainage of a polluting substance or to allow drainage of water which may become a hazard into any street, alley or sidewalk. A polluting substance is one so defined under 82 O.S. § 926.1.
(c) It shall be unlawful and a misdemeanor offense to discharge or allow the discharge of any of the following into the city’s MS4:
1. All non-stormwater except those classified as an allowable discharge in division (A) of this section;
2. Any stormwater from any activity required to obtain an “NPDES Storm Water Discharge Permit” as defined in 40 CFR Part 122.26(b)(14), unless the discharge is authorized by a valid “NPDES Storm Water Discharge Permit”;
3. Any spilled pollutants, unless it can be demonstrated that failure to allow the discharge will result in a greater imminent peril or hazard to the life, health, welfare, or safety of the public; or
4. Any material that is disposed of or dumped in such a manner that causes pollutants to be discharged.
(2) It is a violation of this chapter for any person to place, store or locate any material in such a manner that causes pollutants to be transported by wind, rain or other atmospheric conditions into the city’s MS4 or street, alley, sidewalk or pavement.
(3) Any point source discharge into the city’s MS4 or street, alley, sidewalk or pavement that either singly or in conjunction with other discharges causes the city to violate its OPDES Municipal Storm Water Discharge Permit shall be prohibited.
(4) It shall be unlawful and a misdemeanor offense for any person to dispose of grass, dirt, leaves, trash or other pollutants into the city’s MS4 or street, alley, sidewalk or pavement.
(5) Allow an animal to defecate (without the owner, keeper or harboror removing the excreta deposited) on public or private property other than that of the owner or into the city’s MS4 or street, alley, sidewalk or pavement.
(6) No person shall deposit, drain or divert, whether directly or through an agent, into or upon any public highway, street, sidewalk, alley, parking lot, paving, drainage ditch, storm drain, sewer, gutter, creek, stream, river, lake, pond or lagoon, any oil or oily liquid with petroleum content, grease, water, or any mud, rotary mud, sand, salt water, sewer waste or industrial waste; or in any manner permit by seepage, overflow or otherwise, any of such substances to escape from any property owned, leased or controlled by such person nor shall any person allow such substances to flow or be carried onto or upon any public highway, street, sidewalk, alley, parking lot, paving, drainage ditch, storm drain, sewer, gutter, creek, stream, river, lake, pond or lagoon within the city.
(7) Any illicit discharge, except those allowable pursuant to division (A)(1) of this section, shall be prohibited.
(Ord. 2007-25, passed 11-19-07; Am. Ord. 2015-29, passed 11-16-15) Penalty, see § 55.14