(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)