A. A person may not discharge or cause to be discharged into the MS4 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 or that could cause the city to be in violation of its MPDES phase II permit, other than stormwater. Any such prohibited discharge is an illegal discharge.
B. The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited except as follows:
1. Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated and pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, firefighting activities, routine street and utility maintenance, including chip sealing and spreading of gravel and other materials necessary to provide safe streets, and any other water source not containing pollutants;
2. Discharges specified in writing by the department as being necessary to protect public health and safety;
3. Any nonstormwater discharge permitted under an MPDES permit, waiver, or waste discharge order issued to the discharger and administered 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; and
4. Other nonstormwater discharges which are not a source of pollutants to the city's MS4 or waters of the United States and are exempted in writing by the department.
C. It is unlawful to introduce hazardous materials into any drainage system. The originator of any hazardous material spill or introduction is responsible for the material, and shall pay all applicable investigation and cleanup costs, including the cost of equipment, materials, staff time with fringes, and consultant charges.
D. The city may use available and reasonable testing to identify the source of an illegal discharge including, but not limited to, visual inspections, sample collection and testing, dye testing, and smoke testing. (Ord. 3120, 12-21-2009)