(A) Prohibition of illegal discharges.
(1) Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Program, illicit discharges to the MS4 are defined as illegal. This is being done by identifying both allowable and illegal non-stormwater discharges in a manner that is in the best interest of the city.
(2) Except as hereinafter provided, all non-stormwater discharges into the MS4 are prohibited and declared to be unlawful.
(3) It is unlawful for any person to connect any pipe, open channel or any other conveyance system that discharges anything except stormwater or unpolluted water, which is approved by the City Stormwater Engineer based on exemptions listed in division (B) of this section, to the stormwater system.
(4) It is unlawful for any person to discharge waters from residential construction activities that are not complying with the standard of practice for residential construction stormwater management as approved and advertised by the City Stormwater Engineer.
(5) In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater, including, but not limited to, industrial and commercial wastes, commercial car wash wastes, sewage, garbage, yard waste, trash, petroleum products (including used motor vehicle fluids, leaf litter, grass clippings and animal wastes), into the MS4, whether directly or indirectly, are prohibited, unless authorized under an NPDES permit.
(B) Allowable discharges. Unless the City Stormwater Engineer has identified a discharge as an unacceptable source of pollutants to the "Waters of the State of Indiana", the following non-stormwater discharges into the MS4 are lawful:
(1) Discharges from emergency fire-fighting activities;
(2) Diverted stream flows;
(3) Rising ground waters;
(4) Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 C.F.R. § 35.2005(20));
(5) Uncontaminated pumped ground water;
(6) Discharges from potable water sources as required for system maintenance;
(7) Drinking water line flushing;
(8) Air conditioning condensate;
(9) Uncontaminated landscape irrigation;
(10) Uncontaminated irrigation water;
(11) Lawn watering;
(12) Uncontaminated springs;
(13) Uncontaminated water from crawl space pumps;
(14) Uncontaminated water from footing drains and pumps;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Controlled flushing stormwater conveyances (contained and treated by appropriate Best Management Practices (BMPs));
(19) Discharges made from residential construction sites fully and completely utilizing guidance provided by Standard of Practice for Residential Construction Stormwater Management;
(20) Discharges within the constraints of an NPDES permit from the Indiana Department Environmental Management (IDEM); and
(21) Discharges approved at the discretion of the City Stormwater Engineer.
(C) Illegal discharges.
(1) It shall be unlawful for any person to improperly dispose any contaminant into the MS4. Contaminants include those identified by applicable state and federal laws and regulations.
(2) It is not the intent of the city to impose penalties for discharges that have no significant adverse impact, as defined by the USEPA and Indiana state law, on safety, health, the welfare of the environment or the functionality of the stormwater drainage/collection system.
(Ord. G-06-10, passed 4-3-2006)