§ 15.14.060. Prohibited activities.

(a)

Illicit discharges and connections. No person shall commence, establish, use, maintain, or continue any illicit connections to the Municipal Separate Storm Sewer System (MS4) or any illicit discharges to the MS4. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to, or after the effective date of this chapter.

(b)

Littering. Littering on public property is prohibited.

(c)

Non-storm water discharges. All non-storm water discharges into the MS4 are prohibited unless those flows are:

(1)

Compliant with a separate NPDES Permit;

(2)

Pursuant to a discharge exemption by the regional board, the regional board's executive officer, or the State Water Resources Control Board;

(3)

Associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property);

(4)

Conditionally exempt non-storm water discharges as defined in accordance with the Municipal NPDES Permit; or

(5)

Discharges through the MS4 of material other than storm water to waters of the U.S. shall be effectively prohibited, except as allowed under this provision or as otherwise authorized by a separate NPDES permit. The following non-storm water discharges are not prohibited provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges, are developed and implemented under the permittee's storm water program. This provision does not obviate the need to obtain any other appropriate permits for such discharges.

a.

Water line flushing;

b.

Individual residential car washing;

c.

Diverted stream flows;

d.

Rising ground waters;

e.

Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers;

f.

Uncontaminated pumped ground water;

g.

Discharges from potable water sources;

h.

Foundation drains;

i.

Air conditioning condensation;

j.

Springs;

k.

Water from crawl space pumps;

l.

Footing drains;

m.

Flows from riparian habitats and wetlands;

n.

Dechlorinated swimming pool discharges; and

o.

Incidental runoff from landscaped areas (as defined and in accordance with Section B.4 of this Order).

Discharges or flows from fire-fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the U.S.

If city appointed authorized enforcement officer or a regional water board executive officer determines that any individual or class of non-storm water discharge(s) listed above may be a significant source of pollutants to waters of the U.S. or physically interconnected MS4, or poses a threat to water quality standards (beneficial uses), the city or regional water board executive officer may require and enforce an immediate stop of activity, monitor, report, and/or require the implementation of BMPs on the discharge.

(d)

Discharges in violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge.

( Ord. No. 951-2017, § 2, 3-6-2017 )