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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
(A) Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit.
(B) Proof of compliance with said permit may be required in a form acceptable to the city prior to, or as a condition of, a subdivision map, site plan, building permit or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Prior Code, § 53.10) (Ord. 18-31, passed 9-4-2018)
(A) The city adopted requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the municipal separate storm sewer system or waters of the state or the United States of America.
(B) The owner or operator of a commercial or industrial establishment shall provide, at the expense of the owner or operator, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal separate storm sewer system or water courses through the use of these structural and non-structural best management practices to prevent the further discharge of pollutants to the municipal separate storm sewer system.
(C) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with the industrial provisions of this section is required. These best management practices shall be part of a stormwater pollution prevention plan as necessary for compliance with requirements of the NPDES permit.
(Prior Code, § 53.11) (Ord. 18-31, passed 9-4-2018)
The city requires by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter; and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Prior Code, § 53.12) (Ord. 18-31, passed 9-4-2018)
(A) Watercourse protection. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system or water of the United States, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, excessive sediment and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper covered waste receptacles for the purpose of collection are exempted from this prohibition. All waste containers must be solid and able to retain all accumulated liquids. The discharge of accumulated liquids onto paved surfaces is prohibited. Waste receptacles shall be equipped with covers to prevent rainwater accumulation.
(B) Stream bank protection. Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actual necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within his or her property lines in order to protect against erosion and degradation of the water course originating or contributed from his or her property.
(Prior Code, § 53.13) (Ord. 18-31, passed 9-4-2018)
(A) Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state or the United States of America, or to minimize danger to persons or property.
(B) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the City Administrator for reconsideration and hearing. A person commits an offense if that person reinstates MS4 access to premises terminated pursuant to this section, without prior written approval of the City Engineer.
(Prior Code, § 53.14) (Ord. 18-31, passed 9-4-2018)
The City Engineer or designee may enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this chapter.
(A) Employees of the city may enter and inspect facilities subject to regulations under this chapter as often as may be necessary to determine compliance with this chapter.
(B) Facility operators shall allow authorized employees of the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES permit to discharge stormwater and performance of any additional duties as defined by state and federal law.
(C) The city may set up on any permitted facility such devices as are necessary in the opinion of the City Engineer to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(D) The city may require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure accuracy.
(E) The temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(F) Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(G) If the representatives of the city have been refused access to any part of the premises from which stormwater is discharged, the city may seek issuance of a search warrant from any court of competent jurisdiction.
(Prior Code, § 53.15) (Ord. 18-31, passed 9-4-2018)
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