§ 41-61. General prohibition.

(a)

No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of stormwater.

(b)

It is an affirmative defense to subsection (a) of this section that the discharge was composed entirely of one (1) or more of the following categories of discharges:

(1)

A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4);

(2)

A discharge or flow resulting from fire fighting by the fire department;

(3)

A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Uniform Fire Code as adopted and amended by this Code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge;

(4)

Agricultural stormwater runoff;

(5)

A discharge or flow from water line flushing, but not including a discharge from water line disinfection by superchlorination or other means unless the discharge contains no harmful quantity of any chemical used in line disinfection;

(6)

A discharge or flow from lawn watering, or landscape irrigation;

(7)

A discharge or flow from a diverted stream flow or natural spring;

(8)

A discharge or flow from uncontaminated pumped groundwater or rising groundwater;

(9)

Uncontaminated groundwater infiltration (as defined as 40 C.F.R. § 35.2005(20)) to the MS4;

(10)

Uncontaminated discharge or flow from a foundation drain, crawl space footing drain, or sump;

(11)

A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;

(12)

A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant;

(13)

A discharge or flow from individual residential car washing;

(14)

A discharge or flow from a riparian habitat or wetland;

(15)

A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance;

(16)

Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber, filter, or any other source of pollutant;

(17)

Swimming pool water that contains no harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning.

(18)

A discharge of flow from a temporary car wash sponsored by a civic group, school, religious, or nonprofit organization.

(c)

No affirmative defense is available under subsection (b) of this section if the discharge or flow in question has been determined by the director to be a source of a pollutant or, pollutants to the waters of the United States or to the MS4, written notice of that determination has been provided to the discharger, and the discharge has occurred more than fifteen (15) days beyond the notice. The correctness of the director's determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.

(Ord. No. 8140, § 1, 3-20-03)