(A) Prohibition of Illegal Discharges and Exemptions. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain, or otherwise be discharged into the City of Palm Bay's MS4, Waters of the State or Waters of the US 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, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this subchapter:
(a) Water line flushing or other potable water sources;
(b) Landscape irrigation or lawn watering;
(c) Diverted stream flows;
(d) Rising ground water;
(e) Ground water infiltration to storm drains;
(f) Uncontaminated pumped ground water;
(g) Foundation or footing drains (not including active groundwater dewatering systems);
(h) Crawl space pumps;
(i) Air conditioning condensation;
(j) Springs;
(k) Natural riparian habitat or wet-land flows;
(l) Fire fighting activities; and
(m) Any other water source not containing pollutants.
(2) Discharges specified in writing by the City Manager as being necessary to protect public health and safety.
(3) Dye testing by a department of the City.
(4) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the Person and administered under the authority of the State of Florida Department of Environmental Protection or the Federal Environmental Protection Agency, provided that the Person 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 to the City of Palm Bay's MS4.
(B) Prohibition of Illicit Connections.
(1) The construction, connection, use, maintenance or 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 permissible under law or practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the City of Palm Bay's MS4, or allows such a connection to continue.
(4) Improper connections in violation of this subchapter must be disconnected and redirected, as necessary, to an approved wastewater management system or the sanitary sewer system upon approval of the City of Palm Bay's Utilities Department.
(5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the Person or occupant of that property upon receipt of written notice of violation from the City. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, 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 City Manager and corrective action by the person is required, as necessary, in accordance with this subchapter or other City Code. (i.e. Illegal connection to sanitary sewer, etc).
(Ord. 2008-37, passed 5-15-08)