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A. It shall be unlawful to discharge or cause to be discharged into the MS4 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 or that could cause the City to be in violation of its MSDP, other than stormwater. It shall be unlawful to store, handle or apply any pollutant in a manner that will cause exposure to rainfall or runoff and discharge to the MS4 and to State waters or waters of the United States.
B. The commencement, conduct or continuance of any discharge not composed entirely of stormwater to the MS4 is prohibited except as described as follows:
1. Discharges pursuant to an NPDES (CDPS) permit and discharges due to firefighting activities.
2. Discharges from the following activities will not be considered a source of pollutants to the MS4 and to State waters when properly managed to ensure that no potential pollutants are present, and shall not be considered illegal discharges unless determined by the City to be significant contributors of pollutants to the MS4 or to cause a violation of the provisions of the Clean Water Act or this article: landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering (excluding overwatering), individual residential car washing, individual residential swimming pool and hot tub discharges, individual residential street washing, water line flushing, flows from riparian habitats and wetlands, uncontaminated water from irrigation system meter pits and flows from emergency firefighting activities. Before applying the listed exceptions, the City shall make a determination on a case by case basis as to what is considered significant contributors of pollutants. In addition, the following nonstormwater discharges need not be prohibited from entering the MS4, provided CDPHE approved control measures to minimize the impacts from the sources are implemented: Municipally owned swimming pool discharges, Municipal water tank draining and water from street washing (including sidewalks and medians) that is conducted by City staff or under contract with the City. These discharges may still require a CDPS permit, such as a minimal industrial discharge (MINDI) permit.
3. This prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered by the State of Colorado 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.
4. With written concurrence of the City Council by ordinance, resolution or motion, the City Engineer may exempt in writing other nonstormwater discharges which are not a source of pollutants to the City's MS4 or waters of the United States. (Ord. 06-86; Ord. 08-44)
A. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
B. 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. (Ord. 06-86)
No person shall throw, deposit, leave, maintain, wash or rinse, keep, or permit to be thrown, deposited, left, or maintained, washed or rinsed, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, or State waters, any pollutants so that the same may cause or contribute to pollution. Wastes deposited in streets and contained in waste receptacles for the purposes of collection are exempted from this prohibition. (Ord. 06-86)
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of that permit. In addition, all City requirements for grading and erosion control shall be complied with in accord with the City Code. (Ord. 06-86; Ord. 08-44)
PART 3 REGULATIONS AND REQUIREMENTS
SECTION:
3.8.301: Requirement To Prevent, Control And Reduce Stormwater Pollutants
3.8.302: Requirement To Eliminate Illegal Discharges
3.8.303: Requirement To Eliminate Or Secure Approval For Illicit Connections
3.8.304: Watercourse Protection
3.8.305: Requirement To Remediate
3.8.306: Requirement To Monitor And Analyze
3.8.307: Notification Of Spills
A. New Development And Redevelopment: The City has adopted requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants (see section 7.7.1501 et seq., of this Code).
B. Responsibility To Implement BMPs: Any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the MS4 or State waters shall implement BMPs to the maximum extent practicable to provide protection from discharge into the MS4. BMPs shall be provided and maintained at the owner's or operator's expense. The City Engineer shall have the authority to require the installation, operation and/or maintenance of BMPs. The City Engineer shall also have the authority to require the removal of temporary BMPs. (Ord. 06-86; Ord. 08-44)
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