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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)
The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal separate storm sewer system is prohibited.
(A) 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.
(B) A person is considered to be in violation of this chapter if the person connects a line conveying pollutants to the municipal separate storm sewer system or allows such a connection to continue.
(Prior Code, § 53.09) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
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