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(a) A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater.
(b) It is an affirmative defense to any enforcement action for a violation of subsection (a) above that the discharge was composed entirely of one or more of the following categories of discharges:
(1) A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4);
(2) A discharge or flow resulting from firefighting by the fire department;
(3) 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, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge;
(4) Agricultural stormwater runoff;
(5) A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection;
(6) A discharge or flow from lawn watering or landscape irrigation;
(7) A discharge or flow from a diverted stream flow or natural spring;
(8) A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
(9) Uncontaminated groundwater infiltration (as defined at 40 C.F.R. § 35.2005(20)) to the MS4;
(10) Uncontaminated discharge or flow from a foundation drain, crawl space pump or footing drain;
(11) 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;
(12) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter or any other source of pollutant;
(13) A discharge or flow from individual residential car washing;
(14) A discharge or flow from a riparian habitat or wetland;
(15) A discharge or flow from cold water (or hot water with prior permission of the director) 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;
(16) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited; or
(17) A discharge or flow of uncontaminated stormwater pumped from an excavation.
(c) No affirmative defense shall be available under subsection (b) above if:
(1) The discharge or flow in question has been determined by the director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4;
(2) Written notice of such determination has been provided to the discharger; and
(3) The discharge has continued after the expiration of the time given in the notice to cease the discharge.
(d) A person commits an offense if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 13808, § 1, passed 5-18-1999)
(a) An actual or threatened discharge to the MS4 that violates or would violate this article is hereby declared to be a nuisance.
(b) A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared to be a nuisance.
(Ord. 12274, § 1, passed 11-28-1995)
(a) The city may, without prior notice, suspend water service, sanitary sewer service and/or MS4 discharge access to a person discharging to the MS4, waters of the United States or POTW when such suspension is necessary to stop an actual or threatened discharge which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) Presents or may present imminent and substantial danger to the MS4 or waters of the United States.
(b) When the director determines that city-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection (a) above, the director shall request the director of the department of water to do so.
(c) As soon as is practicable after the suspension of service or MS4 discharge access, the director shall notify the violator of the suspension in person or by certified mail, return receipt requested and shall order the violator to cease the discharge immediately. When time permits, the director should also attempt to notify the violator prior to suspending service or access.
(d) If the violator fails to comply with an order issued under subsection (c) above, the director may take such steps as the director deems necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(e) The city shall not reinstate suspended services or MS4 access to the violator until:
(1) The violator presents proof, satisfactory to the director, that the noncomplying discharge has been eliminated and its cause determined and corrected;
(2) The violator pays the city for all costs the city incurred in responding to abating, and remediating the discharge or threatened discharge; and
(3) The violator pays the city for all costs the city will incur in reinstating service or access.
(f) A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the director, in writing, within ten days of notice of the suspension in accordance with § 12.5-119 of this chapter.
(g) The city may obtain a lien against the property to recover its response costs pursuant to the procedure set out in § 12.5-120 of this chapter.
(h) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(Ord. 12274, § 1, passed 11-28-1995)
(a) The city may terminate the city-provided water supply, sanitary sewer connection and/or MS4 access any person discharging to the MS4 in violation of this article, if such termination would abate or reduce the illicit discharge.
(b) The director will notify a violator of the proposed termination of its water supply, sanitary sewer connection and/or MS4 access. The violator may petition the director for a reconsideration and hearing pursuant to § 12.5-119 of this chapter.
(c) The city shall not reinstate suspended services or MS4 access to the discharger until:
(1) The violator presents proof, satisfactory to the director, that the noncomplying discharge has been eliminated and its cause determined and corrected; and
(2) The violator pays the city for all costs the city will incur in reinstating service or MS4 access.
(d) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(e) A person commits an offense if the person reinstates water service, sanitary sewer service and or MS4 access to premises terminated pursuant to this section, without the prior approval of the director.
(Ord. 12274, § 1, passed 11-28-1995)
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