(A) Prohibition of illegal discharges. No person shall directly or indirectly discharge or cause to be discharged into the storm drainage system any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.
(1) The following discharges are exempt from discharge prohibitions established by this subchapter and may be discharged into the MS4 so long as the appropriate tap, connection or discharge permits have been secured, if needed:
(a) A discharge or flow from potable water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection;
(b) A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
(c) Landscape irrigation or lawn watering;
(d) Diverted stream flows;
(e) Rising ground water;
(f) Uncontaminated ground water infiltration, as defined at 40 C.F.R § 35.2005(20);
(g) Uncontaminated pumped ground water, but this does not include geothermal discharge;
(h) Uncontaminated discharge or flow from a foundation, footing drains, or crawl space pumps after inspection and approval by the Department;
(i) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emission scrubber, emissions filter, or any other source of pollutant, after inspection and approval by the Board or its representative;
(j) Springs;
(k) Individual residential washing of vehicles;
(l) Natural riparian habitat or wetland flows;
(m) Drainage from swimming pools by written permission of the Board or its representative;
(n) Fire fighting activities;
(o) Street wash water;
(p) Any other water source not containing pollutants;
(q) Discharges specified in writing by the Board as being necessary to protect public health and safety; and
(r) Dye testing if the person discharging has notified the Board, the City of Elkhart's Department of Public Works and Utilities, or one of their representatives prior to the time of the test.
(2) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA, 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 the Board's written approval has been granted for any discharge to the storm drainage system.
(3) No exemptions from discharge prohibitions shall be available under division (A)(1) above, if:
(a) The discharge or flow in question has been determined by the Board to be a source of a pollutant or pollutants to the waters of the state or to the MS4;
(b) Written notice of such determination has been provided to the discharger; and
(c) The discharge has continued after the expiration of the time given in the notice to cease the discharge.
(4) No person may reinstate a MS4 access if that access has been suspended pursuant to this subchapter until such time as the Department, the Board, or a court of competent jurisdiction lifts the suspension.
(5) No person subject to a NPDES storm water discharge permit shall allow or permit any discharge to enter the MS4 without complete compliance with the terms and conditions of the NPDES permit, and must have written approval by the Board for such a connection.
(6) No person subject to a NPDES storm water discharge permit shall unreasonably delay the Department's access to a permitted facility.
(7) No person owning a parcel of real estate, in possession of a parcel of real estate, in charge of any facility or operation, or responsible for the emergency response at any facility or operation, shall fail to notify the Department as soon as practicable of any improper or unpermitted release of materials, discharges, or pollutants into storm water or the storm water drainage system, if such person has information that such discharge or release may have occurred.
(8) No person owning a parcel of real estate, in possession of a parcel of real estate, in charge of any facility or operation or responsible for the emergency response at any facility or operation shall fail to take all reasonable steps to ensure the discovery, containment and cleanup of any improper or unpermitted release or discharge.
(9) A person commits a violation of this subchapter if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
(B) Prohibition of illicit connections.
(1) No person shall connect any storm water conveyance to the MS4 without the permission of the Board.
(2) No person shall connect to any drain or conveyance or allow the continued connection of any drain or conveyance to the MS4 which allows any non-storm water discharge to enter the MS4 including but not necessarily limited to any sewage, process wastewater, and wash water.
(3) The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited.
(4) 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.
(5) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(Ord. 5283, passed 12-5-2011)