ARTICLE A. ILLICIT DISCHARGE DETECTION AND ELIMINATION

SECTION:

8-4A-1: Purpose And Intent

8-4A-2: Definitions

8-4A-3: Applicability

8-4A-4: Storm Water Management Program; Authority Of City Engineer

8-4A-5: Exempted Nonstorm Water Discharges

8-4A-6: Illicit Discharges And Illicit Connections Prohibited

8-4A-7: Illicit Discharge Items

8-4A-8: Storm Water Monitoring Sites

8-4A-9: Watercourse Protection

8-4A-10: Management Of Storm Water Pollutants By Use Of Best Management Practices (BMPs)

8-4A-11: Suspension Of Discharge Rights Due To Illicit Discharges In Emergency Situations

8-4A-12: Suspension Of Action Due To Detection Of Illicit Discharge In Nonemergency Situations

8-4A-13: Monitoring Of Discharges

8-4A-14: Notification Of Spills

8-4A-15: Enforcement; Notice Of Violation

8-4A-16: Appeal Of Notice Of Violation

8-4A-17: Enforcement Measures After Appeal

8-4A-18: Cost Of Abatement Of Violation

8-4A-19: Injunctive Relief

8-4A-20: Compensatory Action

8-4A-21: Violations Deemed A Public Nuisance

8-4A-22: Municipal Infraction

8-4A-23: Remedies Not Exclusive

8-4A-24: Abrogation And Greater Restrictions

8-4A-25: Severability

8-4A-26: Ultimate Responsibility

8-4A-1: PURPOSE AND INTENT:

The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of nonstorm water discharges to the municipal separate storm sewer system (MS4), to the maximum extent practicable, as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the national pollutant discharge elimination system (NPDES) phase II permit and the federal clean water act. The objectives of this article are to:

   A.   Establish legal authority to conduct inspection and monitoring procedures necessary to ensure compliance with this article;

   B.   Investigate and eliminate, to the maximum extent practicable, the contribution of pollutants to the MS4 by storm water discharges introduced by system users; and

   C.   Prohibit illicit connections and discharges to the MS4. (Ord. 4762, 3-14-2005)

8-4A-2: DEFINITIONS:

   A.   Terms or acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter.

   B.   As used in this article, the term "city engineer" includes any other representative of the city engineer's office that is designated by the city engineer to act in the place and with the authority of the city engineer. (Ord. 4762, 3-14-2005)

8-4A-3: APPLICABILITY:

This article shall apply to all water entering the MS4, generated on developed or undeveloped lands, unless explicitly exempted by the NPDES permit, federal and state regulations and the city council. (Ord. 4762, 3-14-2005)

8-4A-4: STORM WATER MANAGEMENT PROGRAM; AUTHORITY OF CITY ENGINEER:

   A.   The city engineer shall administer, implement, and enforce the provisions of this article.

   B.   With respect to the city's compliance with the NPDES phase II permit regulations, the city engineer may do the following in relation to illicit discharge detection and elimination:

      1.   Carry out all inspections, monitoring and enforcement procedures necessary to determine compliance with this article;

      2.   Administer the city's compliance with the NPDES MS4 permit to discharge storm water;

      3.   Create, promote, and distribute to citizens educational program materials related to storm water pollution prevention;

      4.   Investigate potential storm water pollution violations that are within the city limits on residential, commercial, industrial and city owned properties for the presence of illicit discharges as defined by this chapter that may contaminate storm water runoff;

      5.   Review and enforce remediation programs as required for properties where illicit discharge to the storm sewer system are found to exist;

      6.   Develop programs to control the discharge of pollutants, and the dumping or disposal of materials other than storm water (e.g., industrial and commercial waste, trash, motor vehicle fluids, yard waste, grass clippings, animal waste, etc.) into the MS4;

      7.   Acquire and authorize testing of water samples through field testing programs;

      8.   Audit city use of herbicides, fertilizers and pesticides to determine compliance with federal and state regulations and recommend alternative solutions where practicable for the reduction of the use of these items through education and outreach programs; and

      9.   Audit city department procedures to confirm that the city is in compliance with federal and state NPDES regulations and determine if the city has obtained, and is in compliance with, permits required by federal and state environmental laws. (Ord. 4762, 3-14-2005)

8-4A-5: EXEMPTED NONSTORM WATER DISCHARGES:

The following nonstorm water discharges are exempt from the discharge prohibitions of this article, unless a particular discharge has been determined to be a substantial contributor of pollutants to the MS4 and the discharge continues more than ten (10) days after delivery of written notice of such determination to the discharger:

   A.   Firefighting activities that are necessary due to an immediate danger to life or property;

   B.   Fire hydrant flushing;

   C.   Potable water sources;

   D.   Water line flushing;

   E.   Uncontaminated ground water;

   F.   Uncontaminated pumped ground water;

   G.   Crawl space pump water;

   H.   Natural springs;

   I.   Natural riparian habitat or wetland flows;

   J.   Irrigation water (except for wastewater irrigation);

   K.   Air conditioning condensation;

   L.   Exterior building wash water when no detergents or other surfactants are used;

   M.   Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred and when no detergents or other surfactants are used (unless all spilled material has been removed);

   N.   Diverted stream flows;

   O.   Storm sewer system cleaning water;

   P.   Residential or noncommercial washing of vehicles;

   Q.   Dechlorinated swimming pool discharge less than one ppm chlorine;

   R.   Residual street wash water;

   S.   Dechlorinated water from reservoir discharges;

   T.   Foundation or footing drains where flows are not contaminated with process materials such as solvents (not including active ground water dewatering systems);

   U.   Discharges specified in writing by the city engineer as being necessary to protect public health and safety of citizens;

   V.   Dye testing procedures (requires a verbal notification to the city engineer prior to the time of the test); and

   W.   Any other water source not containing pollutants, as approved by the city engineer. (Ord. 4762, 3-14-2005)