No person shall discharge or cause to be discharged into the municipal
stormwater system (MS4) any materials other than stormwater except as provided
in Subsection A below. The commencement, conduct or continuance of any illegal
discharge to the MS4 is prohibited except as described as follows:
A. The following discharges are exempt from discharge prohibitions
established by this chapter, unless the Department or the municipality has
determined them to be substantial contributors of pollutants: waterline flushing
or other potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater infiltration
to storm drains, uncontaminated pumped groundwater, foundation or footing
drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
B. Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this chapter.
C. Dye testing in compliance with applicable state and local
laws is an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
D. The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that the
discharger 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 MS4.
Activities that are subject to the requirements of this section are
those types of activities that:
A. Cause or contribute to a violation of the municipality's
MS4 SPDES permit.
B. Cause or contribute to the municipality being subject to the special conditions as defined in §
66-3, Definitions, of this chapter.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's MS4 SPDES
permit authorization, that person shall take all reasonable actions to correct
such activities such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.