(A) Prohibition of illegal discharges.
(1) Pursuant to the national pollutant discharge elimination system municipal separate storm sewer system (MS4) program, illicit discharges to the MS4 are defined as illegal. This is being done by identifying both allowable and illegal non-stormwater discharges in a manner that is in the best interest of the county.
(2) Except as hereinafter provided, all non-stormwater discharges into the MS4 are prohibited and declared to be unlawful.
(3) It is unlawful for any person to connect any pipe, open channel or any other conveyance system that discharges anything except stormwater or unpolluted water, which is approved by the county based on exemptions listed in division (B) below, to the stormwater system.
(4) It is unlawful for any person to discharge waters from residential construction activities that are not complying with the Standard of Practice for Residential Construction Stormwater Management as approved and advertised by the county.
(5) In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater, including, but not limited to, industrial and commercial wastes, commercial car wash wastes, sewage, garbage, yard waste, trash, petroleum products, including used motor vehicle fluids, as well as leaf litter, grass dippings, and animal wastes into the MS4, whether directly or indirectly, are prohibited, unless authorized under a NPDES permit.
(B) Allowable discharges. Unless the county has identified a discharge as an unacceptable source of pollutants to the “Waters of the State of Indiana”, the following non-stormwater discharges into the MS4 are lawful:
(1) Discharges from emergency firefighting activities;
(2) Diverted stream flows;
(3) Rising ground waters;
(4) Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 C.F.R. § 35.2005(20));
(5) Uncontaminated pumped ground water;
(6) Discharges from potable water sources as required for system maintenance;
(7) Drinking water line flushing;
(8) Air conditioning condensate;
(9) Uncontaminated landscape irrigation;
(10) Uncontaminated irrigation water;
(11) Lawn watering;
(12) Uncontaminated springs;
(13) Uncontaminated water from crawl space pumps;
(14) Uncontaminated water from footing drains and pumps;
(15) Individual residential carwashing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Controlled flushing stormwater conveyances (contained and treated by appropriate BMPs);
(19) Discharges made from residential construction sites fully and completely utilizing guidance provided by Standard of Practice for Residential Construction Stormwater Management;
(20) Discharges within the constraints of a National Pollutant Discharges Elimination System (NPDES) permit from the Indiana Department of Environmental Management (IDEM); and
(21) Discharges approved at the discretion of the county.
(C) Illegal discharges.
(1) It shall be unlawful for any person to improperly dispose of any contaminant into the MS4. Contaminants include, but are not limited to, the following:
(a) Trash or debris;
(b) Construction materials or uncontrolled sediment;
(c) Petroleum products, including, but not limited to, oil, gasoline, grease, fuel oil or hydraulic fluids;
(d) Antifreeze and other automotive products;
(e) Metals in either particulate or dissolved form;
(f) Flammable or explosive materials;
(g) Radioactive materials;
(h) Batteries, including, but not limited to, lead acid automobile batteries, alkaline batteries, lithium batteries or mercury batteries;
(i) Acids, alkalis or bases;
(j) Paints, stains, resins, lacquers or varnishes;
(k) Degreasers and/or solvents;
(l) Drain cleaners;
(m) Pesticides, herbicides or fertilizers;
(n) Steam cleaning wastes;
(o) Soaps, detergents or ammonia;
(p) Swimming pool backwash, including chlorinated swimming pool discharge;
(q) Chlorine, bromine and other disinfectants;
(r) Heated water;
(s) Animal waste, either from domestic animals or from feeder lot operations;
(t) Leaking sanitary sewers and connections that have remained uncorrected for more than seven days;
(u) Recreational vehicle waste;
(v) Animal carcasses;
(w) Food wastes;
(x) Medical wastes;
(y) Bark and other fibrous materials;
(z) Collected lawn clippings leaves or branches;
(aa) Silt, sediment or gravel;
(bb) Dyes, except with permission from the Town of Clarksville;
(cc) Chemicals not normally found in uncontaminated water;
(dd) Washing of fresh concrete for cleaning and/or finishing, or to expose aggregates;
(ee) Junk motor vehicles;
(ff) Leading solid waste disposal containers;
(gg) Sewage dumping or dumping of sewage sludge;
(hh) Discharge of any polluted household wastewater, such as, but not limited to, laundry wash water and dishwater, except to a sanitary sewer or septic system;
(ii) Leaking water lines that have remained uncorrected for seven days or more;
(jj) Commercial, industrial or public vehicle wash discharge;
(kk) Garbage or sanitary waste disposal;
(ll) Dead animals or animal fecal waste;
(mm) Dredged or spoil material;
(nn) Wrecked or discarded vehicles or equipment;
(oo) Wash waters to the storm drain system from the cleaning of gas stations, auto repair garages or other types of auto repair facilities;
(pp) Wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning and other such mobile commercial and industrial operations;
(qq) Waters from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;
(rr) Waters from storage areas for materials containing grease, oil or hazardous materials or uncovered receptacles containing hazardous materials, grease or oil;
(ss) Washing of toxic materials from paved or unpaved areas to the MS4;
(tt) Discharge from the washing or rinsing of restaurant mats, roof vents, grease traps, equipment or garbage bins or cans in such a manner that causes non-stormwater to enter the storm drain system;
(uu) Sewage, industrial wastes or other wastes into a well or a location that is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances which do or may affect the waters of the state; and
(vv) Any hazardous material or waste not listed above.
(2) It is not the intent of the county to propose penalties for de minimus discharges that have no significant adverse impact on safety, health, the welfare of the environment or the functionality of the stormwater drainage/collection system.
(Ord. 19-2004, passed 12-16-2004) Penalty, see § 53.99