(A) Prohibition of illicit discharges.
(1) Except for stormwater, no person shall discharge or cause to be discharged into the MS4 or waters of the state any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards or any other federal, state or local regulations.
(2) The commencement or continuation of any illicit discharge to the MS4 is prohibited except as described as follows.
(a) Discharges not containing pollutants from the following:
1. Potable water sources including waterline flushings from which chlorine has been removed to the maximum extent practicable;
2. Landscape irrigation or lawn watering with potable water;
3. Diverted stream flows;
4. Rising groundwater;
5. Groundwater infiltration to storm drains;
6. Pumped groundwater;
7. Foundation or footing drains where flows are not contaminated with pollutants (e.g., do not contain process materials such as solvents, heavy metals and the like);
8. Crawl space pumps;
9. Air conditioning condensation;
10. Uncontaminated groundwater or spring water;
11. Springs;
12. Dewatering of work areas of collected stormwater and groundwater (filtering or chemical treatment may be necessary prior to discharge);
13. Water used to control dust;
14. Routine external building washdown that does not use detergents or other chemicals;
15. Waters used to wash vehicles (of dust and soil, not process materials such as oils, asphalt or concrete) where detergents are not used and detention and/or filtering is provided before the water leaves the wash site;
16. Non-commercial washing of vehicles;
17. Natural riparian habitat or wetland flows;
18. Swimming pools (if dechlorinated to a concentration of one PPM chlorine or less);
19. Firefighting activities; or
20. Any other water source not containing pollutants.
(b) Discharges approved in writing by a Compliance Officer as being necessary to protect public health and safety.
(c) Dye testing is an allowable discharge, but requires written notification to a Compliance Officer prior to the time of the test.
(d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the EPA, 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 into the MS4.
(B) Prohibition of illicit connections.
(1) The construction, use or maintenance of continued existence of illicit connections to the MS4 is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was previously permitted by the city and/or permissible under law or practices applicable or prevailing at the time of connection. Where such connections exist in violation of this subchapter and said connections were made prior to the effective date of this subchapter or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within six months following the effective date of this subchapter. However, the six- month grace period shall not apply to connections which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife or habitat.
(3) This prohibition includes any drain or conveyance connected from a commercial or industrial land use to the MS4 that has not been documented in plans, maps or equivalent records and approved by a Compliance Officer after the effective date of this subchapter unless or until such drain or conveyance is located, identified, documented and the documentation is provided to and approved by a Compliance Officer. The property owner or person using such drain or conveyance shall locate the same upon receipt of written notice from a Compliance Officer. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the requesting Compliance Officer.
(4) A person shall be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(Ord. passed 10-4-2016) Penalty, see § 51.99