(A) Prohibition of illegal discharges. Pursuant to the national pollutant discharge elimination system municipal separate storm sewer system (MS4) program, illicit discharges to the MS4 are defined as illegal.
(1) Except as hereinafter provided, all non-stormwater discharges into the MS4 are prohibited and declared to be unlawful.
(2) It is unlawful for any person to connect any pipe, open channel, or any other conveyance system that discharges into the MS4 anything except stormwater, or unpolluted water, or such other substance which is approved by the county.
(3) It is unlawful for any person to discharge waters from residential construction activities that are not in compliance with the Standard of Practice for Residential Construction Stormwater Management, as approved by the county.
(4) In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater including, but not limited to: industrial and commercial wastes; commercial car wash wastes; sewage; garbage; yard waste; trash; petroleum products (including used motor vehicle fluids); leaf litter; grass clippings; and animal wastes, into the MS4, whether directly or indirectly, is prohibited, unless authorized under a NPDES permit.
(B) Allowable discharges. Unless the county has identified a discharge as an unacceptable source of pollutants to the Waters of the State, the following non-stormwater discharges into the MS4 are lawful:
(1) Discharges from emergency firefighting activities;
(2) Diverted stream flows;
(3) Rising groundwaters;
(4) Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 C.F.R. § 35.2005(b)(20));
(5) Uncontaminated pumped groundwater;
(6) Discharges from potable water sources as required for system maintenance;
(7) Air conditioning condensate;
(8) Uncontaminated landscape irrigation;
(9) Uncontaminated irrigation water;
(10) Lawn watering;
(11) Uncontaminated springs;
(12) Uncontaminated water from crawl space pumps;
(13) Uncontaminated water from footing drains and pumps;
(14) Individual residential car washing;
(15) Flows from riparian habitats and wetlands;
(16) De-chlorinated swimming pool discharges;
(17) Controlled flushing stormwater conveyances (contained and treated by appropriate BMPs);
(18) Discharges made from residential construction sites fully and completely utilizing guidance provided by Standard of Practice for Residential Construction Stormwater Management;
(19) Discharges within the constraints of a national pollutant discharges elimination system (NPDES) permit from the Department of Environmental Management (IDEM); and
(20) Discharges approved at the discretion of the county.
(C) Illegal discharges. It shall be unlawful for any person to improperly dispose of any contaminant into the MS4. Contaminants include, but are not limited to, the following:
(1) Trash or debris;
(2) Construction materials or uncontrolled sediment;
(3) Petroleum products including, but not limited to: oil; gasoline; grease; fuel oil; or hydraulic fluids;
(4) Antifreeze and other automotive products;
(5) Metals in either particulate or dissolved form;
(6) Flammable or explosive materials;
(7) Radioactive materials;
(8) Batteries, including, but not limited to: lead acid automobile batteries; alkaline batteries; lithium batteries or mercury batteries;
(9) Acids, alkalis or bases;
(10) Paints, stains, resins, lacquers, or varnishes;
(11) Degreasers and/or solvents;
(12) Drain cleaners;
(13) Pesticides, herbicides, or fertilizers;
(14) Steam cleaning wastes;
(15) Soaps, detergents, or ammonia;
(16) Swimming pool backwash including chlorinated swimming pool discharge;
(17) Chlorine, bromine, and other disinfectants;
(18) Heated water;
(19) Animal waste, either from domestic animals or from feeder lot operations;
(20) Leakage from sanitary sewers and connections that have remained uncorrected for more than seven days;
(21) Recreational vehicle waste;
(22) Animal carcasses;
(23) Food wastes;
(24) Medical wastes;
(25) Bark and other fibrous materials;
(26) Collected lawn clippings leaves or branches;
(27) Silt, sediment, or gravel;
(28) Dyes, except with permission from the county;
(29) Chemicals not normally found in uncontaminated water;
(30) Water from fresh concrete or water used for cleaning, finishing, and/or to expose aggregates;
(31) Junk motor vehicles;
(32) Leakage from solid waste disposal containers;
(33) Sewage or sewage sludge;
(34) Any polluted household wastewater, such as, but not limited to, laundry wash water and dishwater, except that water discharged to a sanitary sewer or septic system;
(35) Leakage from water lines that has remained uncorrected for seven days or more;
(36) Commercial, industrial, or public vehicle wash discharge;
(37) Garbage or sanitary waste;
(38) Dead animals or animal fecal waste;
(39) Dredged or spoil material;
(40) Wrecked or discarded vehicles or equipment;
(41) Wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;
(42) Wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning and other such mobile commercial, and industrial operations;
(43) Waters from areas devoted to the repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids, or coolants;
(44) Waters from storage areas for materials containing grease, oil, hazardous materials (or uncovered receptacles containing hazardous materials), grease, or oil;
(45) Toxic materials from paved or unpaved areas;
(46) Discharge into the storm drain system from the washing or rinsing of restaurant mats, roof vents, grease traps, equipment, garbage bins, or cans;
(47) Sewage, industrial wastes (or other wastes, if discharged into a well or a location that is likely that the discharged substance will move into a well), or the underground placement of fluids and other substances which do or may affect the waters of the state; and
(48) Any hazardous material or waste not listed above.
(D) De minimis charges. It is not the intent of the county, by this chapter, to propose penalties for de minimis discharges that have no significant adverse impact on the safety, health, and the welfare of the environment or the functionality of the stormwater drainage/collection system, and to this end, such de minimis discharges are expressly exempted from the application of this chapter.
(Ord. 2019-25, passed 10-15-2019) Penalty, see § 152.999