(A) No person, company, developer or any other entity shall discharge or cause to be discharged into the MS4, community waters or waters of the commonwealth any pollutants or hazardous 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. The commencement, conduct or continuance of any illegal discharge is prohibited.
(B) Unless the enforcement agency has identified them as a source of contaminants, the following categories of discharges are permitted:
(1) A discharge or flow of fire protection water that does not contain, oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge;
(2) A discharge or flow from lawn watering or landscape irrigation;
(3) A discharge or flow from a diverted stream flow or natural spring;
(4) Uncontaminated discharge or flow from a foundation drain, crawl space pump or footing drain;
(5) A discharge or flow from air conditioning condensation;
(6) A discharge or flow from individual residential car washing;
(7) A discharge or flow from a riparian habitat or wetland;
(8) A discharge or flow water used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance;
(9) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals;
(10) A discharge or flow from any other water source not containing pollutants; and
(11) Upon verbal notification to the enforcement agency and prior to time of the test, dye testing is an allowable discharge.
(C) No discharge or flow available under division (B) above is allowed if the discharge or flow in question has been determined by the enforcement agency to be a source of a pollutant or pollutants to the MS4, community waters or waters of the commonwealth. Written notice of such determination shall be provided by the enforcement agency to the discharger.
(D) The prohibition of discharges or flows shall not apply to any non-storm water discharges permitted under a NPDES permit, waiver or waste discharge order issued to the discharger and administered by the commonwealth’s Division of Water 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 storm drain system.
(E) Any person, company, developer or any other entity subject to a construction activity NPDES storm water discharge permit and erosion protection and sediment control permit shall comply with all provisions of such permits. Proof of compliance with such permits may be required in a form acceptable to the enforcement agency.
(F) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practice applicable at the time of connection.
(G) No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained, in or upon an public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, community waters or waters of the commonwealth, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that the same may cause or contribute to pollution; wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(Ord. 3-2018, passed 1-9-2018) Penalty, see § 55.99