[Ord. No. 7856 § 1, 12-1-2008]
A.
Purpose. The purpose of this Chapter is to provide for
the health, safety, and general welfare of the citizens of the City
through the regulation of non-stormwater discharges to the storm drainage
system to the maximum extent practicable as required by Federal and
State law. This Chapter 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) permit process. The objectives of this
Chapter are:
1.
To regulate the contribution of pollutants to
the municipal separate storm sewer system (MS4) by stormwater discharges
by any user.
2.
To prohibit illicit connections and discharges
to the MS4.
3.
To establish legal authority to carry out all
inspection, surveillance and monitoring procedures necessary to ensure
compliance with this Chapter.
B.
Applicability. This Chapter shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted.
C.
Ultimate Responsibility. The standards set forth in this
Article and promulgated pursuant to this Article are minimum standards.
Compliance with this Article does not insure that there will be no
contamination, pollution or unauthorized discharge of pollutants into
the waters of the United States. This Article shall not create liability
on the part of the City or any agent or employee of the City for any
damages that result from any discharges, reliance on this Article
or any administrative decision made under this Article.
[Ord. No. 7856 § 1, 12-1-2008]
A.
Illegal Discharges. Except as provided in Subsection (B), it shall be unlawful for any person to discharge or cause to be discharged into the municipal separate storm sewer system or into any water course any material other than stormwater. The following discharges are exempt from the discharge prohibitions established by this Article:
1.
Waterline flushing or other potable water sources;
2.
Landscape irrigation or lawn watering;
3.
Diverted stream flows;
4.
Rising groundwater;
5.
Groundwater infiltration;
6.
Uncontaminated pumped groundwater;
7.
Foundation or footing drains excluding active
groundwater de-watering systems;
8.
Crawl space pumps, air-conditioning condensation;
9.
Springs;
10.
Non-commercial washing of vehicles;
11.
Natural riparian habitat or wetland flows;
12.
Swimming pools if dechlorinated to less than
one (1) ppm chlorine;
13.
Fire-fighting activities;
14.
Other water not containing pollutants;
15.
Discharges specified by the City as necessary
to protect public health and safety;
16.
Dye testing if notification is given to the
City before the test; and
17.
Any non-stormwater discharge permitted under
an NPDES permit, waiver or waste discharge order issued to the discharger
and administered under the authority of the Environmental Protection
Agency, 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 municipal separate storm sewer system.
B.
Illicit Connections.
C.
Waste Disposal Prohibitions. It shall be unlawful for any
person to place, deposit or dump or to cause or allow the placing,
depositing or dumping any refuse, rubbish, yard waste, paper litter
or other discarded or abandoned objects, articles and accumulations
containing pollutants into the municipal separate storm sewer system
or into any waterway.
D.
Connection Of Sanitary Sewer Prohibited. It shall be unlawful
for any person to connect a line conveying sewage to the municipal
separate storm sewer system or to allow such a connection to continue.
E.
Industrial Or Construction Activity Discharges. It shall
be unlawful for any person subject to an industrial activity or construction
NPDES stormwater discharge permit to fail to comply with all provisions
of such permit.
F.
Continuing Violation. Each day that a violation of this
Article continues shall be deemed a separate offense.
[Ord. No. 7856 § 1, 12-1-2008]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the City in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the City within three (3)
business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three (3)
years.
[Ord. No. 7856 § 1, 12-1-2008]
A.
The City Council may, by ordinance, adopt standards identifying
best management practices (BMP) for any activity, operation or facility
which may cause or contribute to pollution of stormwater, the storm
drain system, waters of the State or waters of the United States.
These standards shall be on file in City Hall. It shall be unlawful
for any person undertaking any activity or owning or operating any
facility subject to such standards to fail to comply with the standards.
B.
The owner or operator of a commercial or industrial establishment
shall provide reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal separate storm sewer
system or water courses through the use of structural and nonstructural
BMPs. Any person responsible for property which is or may be the source
of an illicit discharge may be required to implement additional structural
and non-structural BMPs to prevent further discharge. Compliance with
all terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity to the extent practicable
shall be deemed in compliance with provisions of this Section. These
BMPs shall be a part of the stormwater pollution prevention plan as
necessary for compliance with the requirements of the NPDES permit.
