(A) Prohibition of illegal discharges.
(1) Pursuant to the Kentucky Pollutant Discharge Elimination System (KPDES) Municipal Separate Storm Sewer System (MS4) Program, illicit discharges to the MS4 are defined as illegal. Except as hereinafter provided, all non-water discharges into the MS4 are prohibited and declared to be unlawful.
(2) It is unlawful for any person to connect any pipe, open channel or any other conveyance system that discharges anything except stormwater or unpolluted water, which is approved by the city based on exemptions listed in division (B) below, to the water quality system.
(3) It is unlawful for any person to discharge waters from residential construction activities that are not complying with the Standard of Practice for Residential Construction Water Quality Management as approved and advertised by the city.
(4) In addition to illicit discharges, the discharge of spills and the dumping and/or disposal of materials other than stormwater, including, but not limited to, unpermitted (KPDES) industrial and commercial wastes, commercial car wash wastes, sanitary sewage, garbage, yard waste, trash, petroleum products, including used motor vehicle fluids, as well as leaf litter, grass clippings and animal wastes into the MS4, whether directly or indirectly, are prohibited, unless authorized under a KPDES Permit.
(B) Allowable discharges.
(1) Unless the city has identified a discharge as an unacceptable source of pollutants to the “Waters of the Commonwealth of Kentucky”, the following non-stormwater discharges into the MS4 are lawful:
(a) Discharges from emergency fire fighting activities;
(b) Diverted stream flows;
(c) Rising ground waters;
(d) Uncontaminated groundwater infiltration to separate storm sewer systems (as defined by 40 C.F.R. § 35.2005(20);
(e) Uncontaminated pumped ground water;
(f) Discharges from potable water sources as required for system maintenance;
(g) Drinking water line flushing;
(h) Air conditioning condensate;
(i) Uncontaminated landscape irrigation;
(j) Uncontaminated irrigation water;
(k) Lawn watering;
(l) Uncontaminated springs;
(m) Uncontaminated water from crawl space pumps;
(n) Uncontaminated water from footing drains and pumps;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) Swimming pool discharges de-chlorinated through city accepted BMPs;
(r) Controlled flushing stormwater conveyances (contained and treated by appropriate BMPs);
(s) Discharges within the constraints of a Kentucky Pollutant Discharges Elimination System (KPDES) Permit from the Kentucky Division of Water (KDOW); and
(t) Discharges approved at the discretion of the city representative.
(C) Accidental discharges.
(1) In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant adverse impact as defined by the USEPA and Kentucky State Law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the city, the owner or operator of the facility shall give notice to the city and the KDOW as soon as practicable, but in no event later than four hours after discovery of the accidental discharge or the discharger becomes aware of the circumstances.
(2) If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. A written report must be provided to the city within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the city for good cause shown as determined by the city or its designee on a case-by-case basis, containing the following information:
(a) A description of the discharge including volumes and concentrations;
(b) The exact dates and times of discharge; and
(c) Steps being taken to eliminate and prevent recurrence of the discharge.
(3) The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the waters of state, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge. It shall not be a defense, for the discharger in an enforcement action, to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and minimize any adverse impact that the discharge may cause.
(Ord. 2009-1, passed 5-4-2009) Penalty, see § 150.999