928.08 DISCHARGE AND CONNECTION PROHIBITIONS.
   (a)   Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4 that cause or contribute to a violation of this chapter or the NPDES Storm Water Discharge Permit.
   (b)   Exemptions to Illegal Discharges. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
      (1)   Water line flushing; landscape irrigation or lawn watering; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensate; springs; non-commercial washing of vehicles; flows from riparian habitats and wetlands; residential swimming pool discharges with pH levels between 6.5 and 8.5; street wash water; discharges or flows from fire fighting activities; any other water source not containing pollutants. These discharges are exempt until such time as they are determined by the City to be significant contributors of pollutants to the MS4.
      (2)   Discharges specified in writing by the City as being necessary to protect public health and safety.
      (3)   Dye testing is an allowable discharge, but requires a verbal notification to the City Engineer prior to the time of the test.
      (4)   Discharges from off-lot household sewage treatment systems permitted by the Hamilton, Clermont or Warren County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio EPA issues a NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Hamilton County Board of Health.
In compliance with the City Storm Water Management Program, discharges from all off-lot household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio EPA. When such permit coverage is not available, discharges from off-lot discharging household sewage treatment systems will no longer be exempt from the requirements of this regulation.
      (5)   Discharges allowed under an NPDES discharge permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Ohio or U.S. EPA, 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.
   (c)   Prohibition of Illegal Connections. No person shall connect or cause to be connected any pipe, ditch or other outlet or accessory to any portion of the MS4 which conveys or discharges any illicit discharges into the MS4 without written permission from the City Manager. The un-permitted construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, connections made prior to the effective date of these Regulations and for which the City has not issued a valid and binding permit, regardless of whether the connection was previously permissible under the law or practices applicable or prevailing at the time of connection.
      (1)   This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
      (2)   A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
         (Ord. 2012-14. Passed 2-28-12.)