(a) 
A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water.
(b) 
It is an affirmative defense if the person introduces or causes to be introduced into the MS4 any of the following discharges that is not composed entirely of storm water:
(1) 
Water line flushing (excluding discharges of hyper-chlorinated water, unless the water is first de-chlorinated and discharges are not expected to adversely affect aquatic life);
(2) 
Runoff or return from landscape irrigation, lawn irrigation, and other irrigation utilizing groundwater or surface water resources (not from potable water system);
(3) 
Discharges from potable water sources;
(4) 
Diverted stream flows;
(5) 
Rising groundwaters and springs;
(6) 
Uncontaminated groundwater infiltration;
(7) 
Uncontaminated pumped groundwater;
(8) 
Foundation and footing drains;
(9) 
Air conditioner condensation;
(10) 
Water from crawl space pumps;
(11) 
Individual residential vehicle washing;
(12) 
Occasional discharges of vehicle wash water from fundraising events, provided best management practices are used, per section 7.04.065;
(13) 
Flows from wetlands and riparian habitats;
(14) 
Street wash water;
(15) 
Discharges or flows from firefighting activities (firefighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems containing pollutants, and similar activities);
(16) 
Storm water discharges authorized by, and in full compliance with, a TPDES permit;
(17) 
Non-storm water discharges that are specifically listed in the TPDES multi-sector general permit (MSGP) and the TPDES construction general permit (CGP); and
(18) 
Other similar occasional incidental non-storm water discharges unless the TCEQ develops permits or regulations addressing these discharges;
(19) 
Other allowable non-storm water discharges listed in 40 CFR section 122.26(d)(2)(iv)(B)(1).
(c) 
No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the city manager to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than 15 calendar days beyond such notice. The correctness of the city manager's determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.
(d) 
The burden of proof that a discharge was composed entirely of one or more of the categories in subsection (b) and that it was not a source of a pollutant or pollutants to waters of the United States or to the MS4 is upon the person or entity responsible for the discharge.
(Ordinance 1304, sec. 8-2.3, adopted 4/12/2010)