No person shall discharge or cause to be discharged into the MS4 or into a watercourse any pollutants or waters containing any pollutants other than storm water. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited as follows:
(a) The construction, use, maintenance or continued existence of illicit connections to the MS4 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 person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue after the effective date of this section.
(b) The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools, fire fighting activities, and any other water source not containing pollutants.
(1) For private residential swimming pools, backwash water, resulting from cleaning of the swimming pool filtration medium and/or elements, should be discharged to the sanitary sewer. All discharges to sanitary sewers must be permitted prior to discharge and must comply with Chapter 1450 of the Codified Ordinances (Swimming Pools). Discharges of pool water from private swimming pools into the MS4 must comply with state Water Quality Criteria for the protection of aquatic life, contained in Ohio Administrative Code 3745-1-07. Chlorinated pool water must sit for at least two days (48 hours) after the addition of chlorine, or until the chlorine level is below 0.1 milligrams per liter (mg/L). Chlorine can be tested using a standard pool chlorine test kit. The pH of the pool water, which is a measure of acidity, must not be less than 6.5 nor greater than 8.5 prior to or during discharge.
(2) Discharges from improper disposal of food industry related wastes to the MS4, primarily regulated by Chapter 1820 of the Codified Ordinances (Food Handling Facilities) requiring storage of wastes in proper containers and disposal of waste in a public sanitary sewerage system or other approved method, shall be prohibited.
(c) Other non-storm water discharges specified in writing by the City of Middletown as being necessary to protect public health and safety are allowed. These allowable non-storm water discharges are inclusive of, but not limited to, off-lot home sewage treatment systems (FISTSs) sited or installed prior to or on the effective date of this chapter and that are operating on that date, unless the systems are declared to be a public health nuisance by a board of health.
(1) Discharges from HSTSs are considered to be illegal discharges except as permitted for off-lot HSTSs under this subsection. In addition to being designed and installed prior to later prohibitions against discharging systems, off-lot HSTSs must also be designed, sited, and maintained in a manner consistent with Chapter 1854 of the Codified Ordinances (Home Sewage Disposal Systems) or other equivalent regulatory provisions.
(2) Discharges from failing on-lot HSTSs are not permitted under any circumstances.
(d) Dye testing is an allowable discharge, but requires a documented notification to the City prior to the time of the test.
(e) This prohibition shall not apply to any non-storm water discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency, 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.
(Ord. O2008-29, passed 4-1-2008)