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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the city designated to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving water or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials storage.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to the national pollutant elimination system (NPDES) construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavation and demolition.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.07 of this code.
ILLICIT CONNECTIONS. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and connections to the storm drain system from indoor drains and sinks, regardless of whether drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined 40 C.F.R. § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The stormwater sewer system and appurtenances, including established natural drain-ways and ditches used to transport and handle the flow of stormwater.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(B)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: Soils; paints, varnishes and solvents; oils and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, military supplies and inventories, so the same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. POLLUTANTS lead to the human-made or human-induced alteration of the chemical, physical, biological or radiological integrity of an aquatic ecosystem.
PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
STORMWATER. Any surface flow, runoff and drainage consisting entirely of uncontaminated water from any form of natural precipitation and resulting from such precipitation.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Prior Code, § 53.01) (Ord. 18-21, passed 9-4-2018)
The purpose of this chapter is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the city municipal separate storm sewer system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements on the national pollutant discharge elimination system (NPDES) permit process. The objectives of this chapter are:
(A) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
(B) To prohibit illicit connection and discharges to the municipal separate storm sewer system;
(C) To prevent non-stormwater discharges generated as a result of spills, inappropriate dumping or disposal to the municipal separate storm sewer system; and
(D) To establish legal authority to carry out all inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this chapter.
(Prior Code, § 53.02) (Ord. 18-31, passed 9-4-2018)
This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where this chapter is in conflict with any other provisions of law, the provision which is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Prior Code, § 53.04) (Ord. 18-31, passed 9-4-2018)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter is not to be interpreted as meaning that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. The owner shall indemnify and hold harmless the city and its agents, officers and employees for any and all claims, damages, losses or expenses, including reasonable attorney fees that arise out of or allegedly arise out of the design, construction or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the city, its agents, officers and employees.
(Prior Code, § 53.07) (Ord. 18-31, passed 9-4-2018)
No person shall discharge or cause to be discharged into the municipal separate storm sewer system or watercourses any materials other than stormwater, including, but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard. The commencement, conduct or continuance of any illegal discharge to the municipal separate storm drain system is prohibited except as follows:
(A) The following discharges are exempt from discharge prohibitions established by this chapter: Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater de-watering system), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if de-chlorinated, typically less than one part per million of chlorine), fire fighting activities and any other water source not containing pollutants;
(B) Discharges specified in writing by the City Engineer as being necessary to protect public health and safety;
(C) Dye testing is an allowable discharge, but requires a written notification to the City Engineer prior to the time of test; and
(D) The prohibition shall not apply to any non-stormwater discharge permitted under a NPDES permit, waiver or waste discharge order issued to the discharger 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 for any discharge to the municipal separate storm sewer system.
(Prior Code, § 53.08) (Ord. 18-31, passed 9-4-2018)
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