(a) The stormwater system shall be used for the collection, conveyance, storage, treatment and disposal of stormwater.
(b) No person shall place or cause to be placed any substance or material, including any pollutant, into the stormwater system, unless written approval has been granted by the Martinsburg Stormwater Utility or the person maintains a current industrial waste discharge permit authorizing such discharge and such discharge will not cause a pass-through violation for the stormwater system. The Martinsburg Stormwater Utility may grant approval to discharge non-stormwater into the stormwater system for any reason or combination of reasons in its sole discretion.
(c) Any person or entity engaged in activities which will or may result in any pollutant entering the stormwater system shall undertake stormwater control practices to reduce such pollutants. Examples of such activities include, but are not limited to, compliant operation of facilities that may be a source of pollutants, such as paved parking lots, gasoline stations, industrial facilities, storage facilities, and private roads/streets.
(d) No person shall deposit, leave or maintain, or cause to be deposited, left or maintained, any refuse, rubbish, grass clippings, leaves, garbage, grease, petroleum products, or other discarded or abandoned objects, articles or accumulations in or upon any street, alley, sidewalk, storm drain inlet, catch basin, stream, conduit or other drainage structures, parking area, or upon any private or public plot of land so that any discharge therefrom may result in pollution.
(e) No person shall cause or permit any dumpster, solid waste bin, storage facility, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private plot of land in the service area.
(f) No person shall use the stormwater system for discharge from any environmental cleanup that is regulated under federal or state law unless approved by the stormwater utility. Approval by the Martinsburg Stormwater Utility must be conditioned upon the discharge meeting all criteria for discharge under this article. Approval conditions may provide for measures appropriate to prevent harm due to possible exfiltration into the ground adjacent to the stormwater system or failure of any pretreatment system for the discharge.
(g) Any person who maintains and complies with a Ground Water Protection Plan established pursuant to 47 CSR 58 (West Virginia Ground Water Protection Rule) shall be deemed to be in full compliance with the requirements of subsections (c), (d) and (e) this section.
(Ord. 2021-12. Passed 10-14-21.)