(A) Prohibition of illegal discharges. No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4 storm 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 illegal discharge to the MS4 storm drain system is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this subchapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater de-watering systems), crawl space pumps, air conditioningcondensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), firefighting activities and street wash water from municipal cleaning operations, and any other water source not containing pollutants.
(2) Discharges specified in writing by the Code Enforcement Board as being necessary to protect public health and safety.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the Code Enforcement Board prior to the time of the test.
(4) The prohibition shall not apply to any non-stormwater discharge permitted under a KPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (USEPA), 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 for any discharge to the storm drain system.
(B) Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) 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.
(3) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(4) The city shall take all necessary steps to abate the nuisance, including all measures cited in § 52.067, and/or any other action permitted by state and federal law.
(Ord. 14-1002, passed 4-28-14)