§ 153.06 PROHIBITION OF ILLICIT DISCHARGES.
   (A)   No person shall throw, drain or otherwise discharge or cause to throw, drain, run or allow to seep or otherwise be discharged into the town MS4 any materials, including, but not limited to, pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illicit discharge to the town MS4 is prohibited.
   (B)   The following are exempt from the prohibition of division (A) above:
      (1)   Water line flushing performed by a government agency, other potable water source agencies, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
      (2)   Dye testing, but only after written notification is given to the Storm Water Coordinator prior to the time of the test;
      (3)   Discharges or flows from fire fighting; and
      (4)   Other discharges as specified in writing by the Board or its designee as being necessary to protect public health and safety. If the Board or its designee finds that any exemptions previously granted are causing adverse impacts to water quality, then the Board or its designee shall have the authority to rescind such exemption on a case-by-case basis and regulate the discharge under the provisions of this subchapter.
   (C)   The prohibition of division (A) above shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the state and the Federal 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 by the Board for any discharge to the town MS4.
(Ord. 2006-15, passed 8-23-2006) Penalty, see § 153.99