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(A) A person commits a violation if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater.
(B) A person commits a violation if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance.
(C) The following are considered exempt discharge activities from enforcement action for a violation:
(1) A discharge authorized by, and in full compliance with a site specific NPDES permit such as a Stormwater Pollution Prevention Plan Permit for construction activities;
(2) A discharge or flow resulting from fire fighting by the Fire Department;
(3) Agricultural stormwater runoff;
(4) A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine or any other chemical used in line disinfection;
(5) A discharge or flow from lawn watering, or landscape irrigation;
(6) A discharge or flow from a diverted stream flow or natural spring;
(7) A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
(8) Uncontaminated groundwater infiltration;
(9) Uncontaminated discharge or flow from a foundation drain, sump pump, or footing drain;
(10) A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
(11) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollution;
(12) A discharge or flow from a riparian habitat or wetland;
(13) A discharge or flow from water used in street washing or cosmetic cleaning that is not a contaminated soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; or
(14) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited.
(D) No exemption shall be allowed if:
(1) The discharge or flow in question has been determined by the city to be a source of a pollutant or pollutants to the waters of the state or to the MS4;
(2) Written notice of the determination has been provided to the discharger; and
(3) The discharge has continued after the expiration of the time given in the notice to cease the discharge.
(Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016)
A person commits an offense if the person connects a sanitary sewer line conveying or discharging a harmful quantity of pollutant to the MS4, or allows such a connection to continue.
(Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016)
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 82, 4th Series, passed 12-5-2016)
Purpose. The city finds that it is necessary to allow the drainage of water from some back yards to prevent pooling and other effects of standing water. The purpose of this section is to regulate the maintenance of these drains.
(A) Drains installed as part of a new street construction or by the city. If a back yard drain was installed as a part of a new street project, or was installed by the city to alleviate ponding issues, the city shall have an easement to enter the property in order to maintain the drain, make changes to the drain, or repair the drain. The easement area shall include the area necessary to maintain the structure and the piping.
(B) Drains installed by citizens or parties other than the city. If the drain and piping is installed by any entity other than the city, the property owner in which the structure and pipes are located shall assume responsibility for the maintenance and functionality of the structure and subsequent piping, this shall include the point of connection in to the city utility service. The property owner shall submit a construction plan to the city for review and approval, showing the size and location of any new private back yard drain. The property owner agrees to hold harmless the city for any damage that the structure, piping or connection to city utilities may have on any other property, or the city's utility that are the result of the actions or inactions of the property in the installation, maintenance, lack of maintenance, of the structure, piping and connection.
(Ord. 112, 4th series, passed 1-22-2019)