973.02  PURPOSE.
   (a)   No person, corporation or other entity shall introduce, or cause to be introduced, into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of stormwater.
   (b)   It is an affirmative defense to anv prosecution brought under this section if the discharge is composed entirely of one or more of the following:
      (1)   A discharge authorized by, and in full compliance with, and NPDES permit other than the NPDES permit for discharges from the MS4;
      (2)   A discharge or flow resulting from fire fighting by the Fire Department;
      (3)   A discharge of 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 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 of flow from uncontaminated pumped ground water or rising groundwater:
      (9)   Uncontaminated groundwater infiltration, as defined at 40 C.F.R. 35.2005(20) to the MS4:
      (10)   Uncontaminated discharge or flows 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 of flow from a riparian habitat or wetland;
      (15)   A discharge or flow from cold water, or hot water with prior approval of the Director of Public Service, 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 or hot tub/spa 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 or existing pond.
   (c)   The affirmative defenses listed in subsection (b) shall not apply when the discharger has continued after the expiration of the time given in the written notice to cease the discharge has been provided by the Director of Public Service.
(Ord. C56-15.  Passed 9-8-15.)