(a) Except as provided in subsection (d) hereof, the discharge of any substance or material other than uncontaminated storm water to the MS4 is prohibited.
(b) No person shall purposely, knowingly, recklessly or negligently cause or permit any substance or material to be discharged from land over which that person has control to the MS4 in violation of this Section.
(c) The occurrence of any discharge prohibited by this Section is declared to be a public nuisance and shall be abated in accordance with the provisions of this Chapter or, at the City Administrator's election, in accordance with general laws and Ordinances pertaining to the abatement of nuisances. The City Law Director is authorized to commence such legal proceedings as may be appropriate to abate such nuisances.
(d) Overflow to storm drains, ditches and other MS4 facilities for the conveyance of surface water and infiltration of subsurface MS4 facilities by the following substances is permitted by these Regulations and shall not be deemed a public nuisance:
(1) Uncontaminated potable water released from the municipal water distribution system or other source of potable water;
(2) Water derived from the occurrence of natural processes including: surface and subsurface flows within riparian habitats and wetlands, rising ground water and water emanating from natural springs;
(3) Uncontaminated stream flows diverted from a natural or human made water course provided all required permits are obtained prior to excavation or placement of fill;
(4) Uncontaminated pumped ground water;
(5) Water employed in fire fighting activities;
(6) Water emanating from foundation or footing drains and crawl space dewatering pumps other than active groundwater dewatering systems;
(7) Air conditioning condensate that is unmixed with water from a cooling tower, emissions scrubber or other source of pollutants;
(8) Water runoff resulting from the use of potable water, pumped ground water or pumped river water for landscape irrigation, individual residential car washing or car wash fundraisers for charitable purposes;
(9) Dechlorinated swimming pool discharges;
(10) Water colored by dyes introduced to evaluate flows through a plumbing system provided written notice of the discharger's intent to conduct dye testing is filed with the City Administrator prior to commencement of the tests;
(11) Water, contaminated water or other substance or material that is discharged in full compliance with all requirements of an NPDES permit, permit waiver or discharge order issued to the discharger by the Environmental Protection Agency provided that any discharge to a facility owned, operated or maintained by the municipally is approved in writing by the City Administrator prior to use of that facility;
(12) Any discharge of non-storm water for which the City Administrator has granted written authorization, provided the discharge is in full compliance with all requirements of the authorization. The City Administrator shall not authorize the discharge of any substance other than water or of water that is contaminated or that emanates from a source containing pollutants in the absence of a finding that immediate discharge of the contaminated or potentially contaminated water or other substance is necessary to protect public health or public safety.
(Ord. 8022. Passed 5-22-18.)