Other than naturally occurring storm water, no person shall discharge or cause to be discharged into the MS4 or any conveyance any materials, including, but not limited to, pollutants or hazardous materials or waters containing any pollutants or hazardous materials that cause or contribute to a violation of applicable water quality standards. Allowable discharges that create or have the potential to create unsafe conditions on city streets or other public rights-of-way are prohibited. The commencement, conduct or continuance of any illegal discharge to the MS4 or any conveyance is prohibited except that the following discharges are exempt from discharge prohibitions established by this section, if the discharges do not violate applicable water quality standards.
(A) General exceptions. Water line flushing or water from other potable sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, uncontaminated ground water infiltration, foundation or footing drains, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or natural wetland flows, dechlorinated discharge from swimming pools (if discharged to the ground, not to a city street or directly to any part of the MS4 or any conveyance), fire-fighting activities, street wash water and any activity related to normal performance of municipal operations such as street sweeping. Dewatering of existing ponds requires a permit from the Kentucky Division of Water.
(B) Specified discharges.
(1) Discharges specified in writing by the city as being necessary to protect public health and safety; and/or
(2) Scientific research and sewer infrastructure use of fluorescent dye is an allowable discharge.
(C) NPDES exceptions. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit issued to the discharger and administered under the authority of the USEPA or the KYDOW, provided that the permit holder is in full compliance with all requirements of the permit and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4 or any conveyance.
(D) Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the MS4 or any conveyance is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A drainage system connection permit is required by the city before any drainage system is connected to the MS4. The drainage system connection permit shall be accompanied by a $50 fee. A person is considered to be in violation of this section if the person connects a line conveying sewage or any other pollutant or hazardous materials to the MS4 or any conveyance or allows such a connection to continue.
(E) Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the city prior to the allowing of discharges to the MS4 or any conveyance. However, should an illicit discharge be detected from such activities, the city shall have the authority to regulate the site per the provisions of this section.
(Ord. 36-2007, passed 11-20-2007)