(A) No person 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 any enforcement action for violation of division (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 fire fighting 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 in this code of ordinances 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, but not including a discharge from water line disinfection by superchlorination or other means unless the total residual chlorine (TRC) has been reduced to contain no harmful quantity of chlorine or any other chemical used in line disinfection;
(6) A discharge or flow from lawn watering or landscape irrigation or other irrigation water;
(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 as 40 CFR § 35.2005(20) to the MS4;
(10) Uncontaminated discharge or flow from a foundation drain, crawl space pump, footing drain or sump pump;
(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 water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance;
(16) Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant; or
(17) Swimming pool water that has been dechlorinated so that total residual chlorine (TRC) contains no harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning.
(C) No affirmative defense shall be available under division (B) above if the discharge or flow in question has been determined by the Town Administrator to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger and the discharge has occurred more than 15 days beyond such notice. The correctness of the Town Administrator determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.
(Ord. 365, passed 12-12-2013)