21.04.080: ILLICIT DISCHARGES:
   A.   Scope: This section shall apply to all water generated on developed or undeveloped land entering the municipality's separate storm sewer system.
   B.   Prohibition Of Illicit Discharges: No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, conduct or continuance of any nonstormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:
      1.   Uncontaminated discharges from the following sources:
         a.   Water line flushing or other potable water sources,
         b.   Landscape irrigation or lawn watering with potable water,
         c.   Diverted stream flows,
         d.   Rising groundwater,
         e.   Groundwater infiltration to storm drains,
         f.   Uncontaminated pumped groundwater,
         g.   Foundation or footing drains,
         h.   Crawl space pumps,
         i.   Air conditioning condensation,
         j.   Springs,
         k.   Natural riparian habitat or wetland flows,
         l.   Swimming pools (if dechlorinated - typically less than 1 ppm chlorine),
         m.   Firefighting activities. (Ord. 2014-03, 2-4-2014, eff. 4-13-2014)
      2.   Discharges specified in writing by the city engineer or designee as being necessary to protect public health and safety.
      3.   Dye testing is an allowable discharge if the city engineer or designee has so specified in writing.
      4.   The prohibition shall not apply to any nonstormwater discharge permitted under a UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the state of Utah division of water quality, 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 Illicit Connections:
      1.   The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.
      2.   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.
   D.   Reduction Of Stormwater Pollutants By The Use Of Best Management Practices: Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.
   E.   Notification Of Spills: Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, the person shall notify the city engineer or designee in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer or designee within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)