14-706. Illicit discharges.
   (1)   Scope. This section shall apply to all water generated on developed or undeveloped land which enters the municipality's separate storm sewer system.
   (2)   Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater or any discharge that flows from a stormwater facility that is not inspected in accordance with § 14-704 shall be an illicit discharge. Non-stormwater discharges shall include, but shall not be limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:
      (a)   Uncontaminated discharges from the following sources:
         (1)   Water line flushing or other potable water sources,
         (2)   Landscape irrigation or lawn watering with potable water,
         (3)   Diverted stream flows,
         (4)   Rising ground water,
         (5)   Groundwater infiltration to storm drains,
         (6)   Pumped groundwater,
         (7)   Foundation or footing drains,
         (8)   Crawl space pumps,
         (9)   Air conditioning condensation,
         (10)   Springs,
         (11)   Non-commercial washing of vehicles,
         (12)   Natural riparian habitat or wet-land flows,
         (13)   Swimming pools (if disinfected with chlorine and de-chlorinated prior to release - typically less than one PPM chlorine),
         (14)   Fire fighting activities, and
         (15)   Any other uncontaminated water source.
      (b)   Discharges specified in writing by the Public Works Department as being necessary to protect public health and safety.
      (c)   Dye testing is an allowable discharge if the Public Works Department has so specified in writing.
      (d)   De minimus discharges - water discharges that pose insignificant threat to water quality and the environment.
      (e)   Discharges authorized by the Construction General Permit (CGP), which comply with section 3.5.9 of the same:
         (i)   dewatering of work areas of collected stormwater and ground water (filtering and chemical treatment may be necessary prior to discharge);
         (ii)   waters used to wash vehicles (of dust and soil, not process materials such as oils, asphalt or concrete) where detergents are not used and detention and/or filtering is provided before the water leaves site;
         (iii)   water used to control dust in accordance with the CGP section 3.5.5;
         (iv)   potable water sources including waterline flushings from which chlorine has been removed to the maximum extent practicable;
         (v)   routine external building washdown that does not use detergents or other chemicals;
         (vi)   uncontaminated ground water or spring water; and
         (vii)   foundation or footing drains where flows are not contaminated with pollutants (process materials such as solvents, heavy metals, etc.).
   (3)   Prohibition of illicit connections.
      (a)   The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system 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.
   (4)   Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. Discharges from existing BMPs that have not been maintained and/or inspected in accordance with this chapter shall be regarded as illicit.
   (5)   Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the Public Works Department in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Public Works Department within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 5 years.
   (6)   No illegal dumping allowed. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the city.
(as added by Ord. #004-06-11, July 2004, and amended by Ord. #015-01-01, February 2015)