(A) Illegal discharges.
(1) Discharges prohibited. No person shall discharge or cause to be discharged into the municipal storm drain system, watercourses or water bodies, 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 storm drain system is prohibited except as described as follows.
(2) Discharges exempt. The following discharges are exempt from discharge prohibitions established by this chapter:
(a) Diverted stream flows;
(b) Rising ground water;
(c) Ground water infiltration to storm drains;
(d) Springs;
(e) Natural riparian habitats or wetland flows; and
(f) Fire fighting activities.
(3) Conditional exemption of discharges. The following discharges are exempt from discharge prohibitions established by this chapter as long as the waters contain no deleterious substances and the physical discharge does not cause the erosion of soil or suspension of any deleterious material:
(a) Water main flushing (must not cause erosion);
(b) Landscape irrigation or lawn watering;
(c) Pumped ground water;
(d) Foundation or footing drains or sump pumps;
(e) Air conditioning condensation;
(f) Washing of non-commercial vehicles;
(g) Swimming pools (less than one ppm residual chlorine);
(h) Agricultural runoff from sites employing conservation practices;
(i) Cold water (or hot water with prior permission from city) street washing or cosmetic cleansing;
(j) Discharges specified in writing by the city as being necessary to protect public health and safety;
(k) Dye testing with notification to the city prior to the test; and
(l) Discharges permitted under written NPDES permit, waiver, or EPA waste discharge order, provided that the discharger is in full compliance with the permit, waiver or order.
(B) Illicit connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 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.
(C) Suspension of MS4 access.
(1) Emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents, or may present, imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the city through the Board of Public Works and Safety for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises for which access has been terminated pursuant to this section, without the prior approval of the city.
(Ord. 40-2006, passed 9-11-06)