(a) 
It shall be a violation of this chapter for any person to deposit, throw, drain, discharge, cause or allow to be deposited, thrown, drained or discharged, or otherwise cause to be injected into the MS4, or any storm sewer manhole, catch basin, private drain, ditch, street, gutter, creek, stream, tributary, or any other drainage device which connects with or drains into the MS4, any of the following described materials or substances within the corporate limits of the City of Alamo Heights:
(1) 
Any acid waste materials;
(2) 
Any alkaline waste materials;
(3) 
Any water or waste containing free-floating, or insoluble oil;
(4) 
Any gasoline, naphtha, fuel oil, mineral oil or other flammable or explosive liquid, solid or gas;
(5) 
Any noxious, malodorous, poisonous, or reactive substance which, either singularly or by interaction with other substances, or by its accumulation in the MS4 becomes injurious or potentially injurious to human, plant or animal life, or property; or
(6) 
Any domestic wastewater or industrial wastewater as defined in this chapter.
(b) 
It shall be a defense to prosecution under this section that such person was authorized to commit any act under a valid permit from the Texas Commission on Environmental Quality or the United States Environmental Protection Agency, which would otherwise constitute a violation at the time of commission.
Commentary: It is the intent of this chapter to prohibit indiscriminate discharging to the MS4; such indiscriminate discharging includes dumping or releasing of any accumulations of process materials, washing or cleaning materials or other wastes into the MS4. It is also the intent to eliminate improper storage or handling of dangerous, hazardous, or otherwise harmful materials in such a manner as to cause or allow their discharge into the MS4. However, these regulations are not intended to prohibit discharge of non-contaminated and non-polluting water which are not expected to be significant sources of pollutants because of the nature of their discharges. Consequently, no special controls or conditions are established for sources such as: 1) water line and fire hydrant flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); 2) runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3) discharges from potable water sources; 4) diverted stream flows; 5) rising ground waters and springs; 6) uncontaminated ground water infiltration; 7) uncontaminated pumped ground water; 8) foundation and footing drains; 9) air conditioning condensation; 10) water from crawl space pumps; 11) individual residential vehicle wash water; 12) external building wash water; 13) flows from wetlands and riparian habitats; 14) dechlorinated swimming pool discharges; 15) pavement and street wash water; 16) water used to control dust; 17) discharges or flows from fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); 18) other allowable non-stormwater discharges listed in 40 CFR (122.26(d)(2)(iv)(B)(1); 19) non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) or the TPDES Construction General permit (CGP); and 20) other similar occasional incidental non-stormwater discharges.
(Ordinance 1817 adopted 4/13/2009)
(a) 
It shall be a violation of this chapter for any person to deposit, discard or dump, or cause or allow to be deposited, discarded or dumped any brush cuttings, clippings, or rubbish within the MS4.
(b) 
It shall be a violation of this chapter for any person to place or cause or allow to be placed or dropped, brush cuttings, clippings, and/or rubbish within any street in the corporate limits of the city in such a manner that the same may be washed by the flow of water into the MS4.
Commentary: It is the intent of this section to restrict placement of rubbish, brush, lawn clippings or leaves, etc. into the MS4. It is also the intent to require that during certain seasons when leaves are shed that these materials are removed properly and prevented from collecting in mass quantities in the streets or MS4. It is recognized that from time to time during certain seasons or during normal yard maintenance, leaves, clippings, etc. will fall into the streets.
(Ordinance 1817 adopted 4/13/2009)
(a) 
It shall be a violation of this chapter for any person to place, or cause or allow to be placed, a household hazardous waste within the MS4.
(b) 
It shall be a violation of this chapter for any person to place, or cause or allow to be placed, a household hazardous waste within any street in the corporate limits of the city in such a manner that the same may be washed by the flow of water into the MS4.
Commentary: The intent of this ordinance is to prohibit those conducting household activities such as cleaning, renovating, painting, auto repair, and other similar activities which utilize household hazardous wastes from discarding such wastes into the MS4, or from performing any activity that would result in the contamination of the MS4 with such household hazardous wastes.
(Ordinance 1817 adopted 4/13/2009)
(a) 
It shall be a violation of this chapter for any person to cause or allow a pesticide to enter into the MS4.
(b) 
It shall be a violation of this chapter for any person to utilize a pesticide in a manner inconsistent with the proper usage set out in the labeling for such pesticide in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
(c) 
It shall be a violation of this chapter for any person to utilize a pesticide which is not properly labeled in accordance with FIFRA.
(d) 
It shall be a defense to prosecution under this section that the person accused of such violation utilized a pesticide in accordance with the requirements of FIFRA in a manner consistent with its labeling. The term "labeling" pursuant to Section 136 of FIFRA means all labels and all other written, printed or graphic matter:
(1) 
Accompanying the pesticide or device at any time; or
(2) 
To which reference is made on the label or in literature accompanying the pesticide or device except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, state experiment stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
Commentary: It is recognized that excess pesticides will migrate into the MS4 even under normal and proper usage. It is the intent of this ordinance to restrict the usage of those chemicals to the manner deemed appropriate by their manufacturer and consistent with FIFRA.
(Ordinance 1817 adopted 4/13/2009)