[Ord. 1129-2008, 5-22-2008]
A.
No person shall discharge or cause to be discharged into the municipal
stormwater drainage system or watercourses 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 stormwater. The commencement, conduct or continuance
of any unlawful discharge is prohibited.
B.
It is unlawful for any residence or business to knowingly allow drainage
of a polluting substance or to allow drainage of water containing
such a substance into any street, alley or sidewalk. A polluting substance
is one so defined under Section 1084.2, 82 Oklahoma Statutes.
C.
The following discharges are exempt from discharge prohibitions established
by this section unless the Administrator determines that the type
of discharge, whether singly or in combination with others, is causing
contamination of surface water, stormwater or ground water; causes
overload or damage to the municipal separate storm sewer system or
has the potential to endanger public health and safety; or is causing
the City of Tahlequah to violate its OPDES permit for stormwater discharges:
1.
Water line flushing or other potable water sources, landscape irrigation
or lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
individual residential car washing, noncommercial or charity washings
of vehicles, natural riparian habitat or wetland flows, dechlorinated
swimming pools draining, fire hydrant flushings, firefighting activities,
and any other water source not containing pollutants;
2.
Discharges specified in writing by the Administrator or stormwater
program manager as being necessary to protect public health and safety;
3.
Dye testing (using nontoxic dye) is an allowable discharge, but requires
a verbal or written notification to the Administrator or stormwater
program manager prior to the time of the test; and
4.
Prohibition shall not apply to any nonstormwater discharge permitted
under an OPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the United
States environmental protection agency, provided that the discharger
is in full compliance with all regulations, and provided that written
approval has been granted for any discharge to the stormwater drainage
system.
D.
A violation of this section may be considered an environmental crime
against the state of Oklahoma, and may be subject to prosecution.
[Ord. 1129-2008, 5-22-2008]
Notwithstanding other requirements of law, any person having
information of any known or suspected release of materials which results
or may result in illegal discharges or pollutants discharging into
stormwater or the stormwater drainage system shall notify the City
of Tahlequah in a timely manner as to facilitate cleanup. In the event
of such a release of pollutants, said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch
services. 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 years.
[Ord. 1129-2008, 5-22-2008]
A.
The construction, use, maintenance or continued existence of illicit
connections to the stormwater drainage system is prohibited. The 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.
B.
A person is considered to be in violation of this section if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
C.
A violation of this section may be considered an environmental crime
against the state of Oklahoma, and may be subject to prosecution.
