A. It shall be unlawful for any person to cause or allow any illicit discharge as defined in this Article, either directly or by indirect storm sewer discharge, to enter into municipal separate storm sewer system, except as provided for in this Section.
B. Certain de minimus non-storm water discharges are not prohibited by the City from discharging to the municipal separate storm sewer system unless specifically identified by the Director as needing to be controlled or prohibited. The following may be considered to be de minimus non-storm water discharges provided that such discharges do not contribute pollutants (such as but not limited to chlorine, detergents, filter backwash, and solids) to waters of the State or to streams or creeks that are tributary to waters of the State: Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration to separate storm sewers; uncontaminated pumped ground water; discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water and springs; water from crawl space pumps, footing drains, lawn watering, and individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water and runoff from fire fighting.
C. The Director may, in a manner deemed appropriate, prohibit, condition, restrict or control the quality and/or quantity of the discharge to the municipal separate storm sewer system of any individual discharge or class of discharges listed in paragraph "B" above in order to achieve the objectives of the City's storm water management program, except that runoff from the fire fighting may only be prohibited on a case-by-case basis if the Director determines it to be a significant contributor of pollutants to waters of the State.
D. The Director may, in a manner deemed appropriate, require notification to be made to WPC prior to discharge from water line flushing, swimming pool discharge, street wash water, or other non-stormwater discharges in order to determine whether such discharges may be sources of pollutants to waters of the State or to streams or creeks that are tributary to waters of the State.
Spills, Dumping, amd Disposal of Materials Other Than Storm Water
A. It shall be unlawful for any person to cause pollution of any waters conveyed by a municipal separate storm sewer or to cause pollution of any waters of the State or to place or cause or permit to be placed any pollutant in a location where it is reasonably certain to cause pollution of any waters conveyed by a municipal separate storm sewer or pollution of any waters of the State.
This prohibition includes but is not limited to pollution or the threat of pollution by runoff of soil, sediment, rock, gravel, sand, construction materials or other pollutants associated with:
1. Land disturbance or earthwork activities;
2. All other construction activities;
3. Agricultural and silvicultural activities; and
4. Mining activities, including new, currently operating, and abandoned surface and underground mines.
B. Any person dumping or disposing of any material or substance other than storm water into a municipal separate storm sewer or into waters of the State (except discharges pursuant to a State operating permit) may be required by the Director to remove such material and dispose of it properly in accordance with all applicable local, State and Federal laws and regulations at the expense of the person responsible for the dumping or disposal. When, in the opinion of the Director, a pollutant has caused, or has been placed in a location where it is reasonably certain to cause, pollution of waters conveyed by the municipal separate storm sewer system or of waters of the State, the Director may arrange for remediation action to be taken and recover the costs from the person responsible for the pollutant as set forth in Section 7.08.006, paragraph "J". Such remediation action may include, but is not limited to the protection of the municipal separate storm sewer system from runoff of soil, sediment, rock, gravel, sand, construction materials and other pollutants.
C. Each nondomestic source shall provide protection from accidental discharge, either directly or by indirect storm sewer discharge, of significant materials as defined in this Article into the municipal separate storm sewer system. Facilities to prevent accidental discharges shall be provided and maintained at the cost and expense of the nondomestic source.
D. The Water Pollution Control Director may require detailed pollution prevention plans from industrial users, businesses, commercial entities, residential and other developments and other property owners, including facilities and operating procedures to provide protection from spills and accidental discharges and/or including erosion control measures to be used during land disturbance or earthwork activities and other construction activities. The pollution prevention and spill control plans, if required, shall be submitted to the Director for review. The pollution prevention and spill control plans shall be modified to meet the Director's comments within the time frame established by the Director. The plans shall be approved by the Director prior to construction of any proposed facilities. The source shall comply with the pollution prevention and spill control plans, upon their approval.
Pollution prevention, erosion control and spill control plans may include, but are not limited to, the following:
1. Description and location of stored chemicals, raw materials and other significant materials; and
2. Prevention of exposure of significant materials to precipitation; and
3. On-site storm water treatment; and
4. Spill prevention through proper initial selection and construction of equipment; equipment operation, maintenance, and inspection procedures; personnel training and supervision; and security measures to prevent vandalism; and
5. Spill containment through provision of secondary containment devices or diversionary structures; and
6. Procedures for immediately notifying the Water Pollution Control Department of any spill or accidental discharge of significant materials, with procedures for follow-up written notification within five (5) days; and
7. Procedures to prevent adverse impact from any spill. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, measures for containing materials, and/or measures and equipment for emergency response.
8. Conformance to the Erosion Control Requirements of the City, as set forth in Chapter 20, Article 16, of the City Code.
Review and approval of such plans and operating procedures shall not relieve the source from the responsibility to modify its facility as necessary to meet the requirements of this Article.
E. In the case of a spill or discharge of significant materials that could enter the municipal separate storm sewer system or waters of the State, it is the responsibility of the nondomestic source to immediately telephone and notify Water Pollution Control of the incident. The notification shall include location of discharge, type of material, concentration, volume, and corrective actions.
F. Within five (5) days following a spill or discharge of significant materials to the municipal separate storm sewer system, the nondomestic source shall submit to the Water Pollution Control Director a detailed written report describing the cause of the discharge and the measures to be taken by the nondomestic source to prevent similar future occurrences. Such notification shall not relieve the nondomestic source of any expense, loss, damage, or other liability which may be incurred as a result of damage to the municipal separate storm sewer or to waters of the State, fish kills, or any other damage to person or property; nor shall such notification relieve the nondomestic source of any fines, civil penalties, or other liability which may be imposed by this Article or other applicable law.
G. All nondomestic sources using, storing or disposing of significant materials shall permanently post on a bulletin board or other prominent place a notice advising employees whom to call in the event of a spill or discharge of such materials to a municipal separate storm sewer or to waters of the State. Employers shall insure that all employees who may cause or suffer such a spill or discharge to occur are advised of the emergency notification procedures.
Powers and Authority of Inspectors
A. The Water Pollution Control Director or any authorized representatives bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, records examination and copying, observation, measurements, sampling, and testing pertinent to discharge or potential to discharge, and for repair and maintenance to the municipal separate storm sewer system in accordance with the provisions of this Article.
B. Information and data on a nondomestic source obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the nondomestic source specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as confidential information according to the criteria set forth in 40 CFR 2.208 and 2.302, as may be amended from time to time.
When requested by the person furnishing a report, the portions of a report which might disclose confidential information shall not be made available for inspection by the public. Storm water constituents and characteristics will not be recognized as confidential information.
Information accepted by the City as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.
C. While performing the necessary work on private properties referred to in Section 7.08.005, paragraph "A", the Water Pollution Control Director or duly authorized representatives shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Director or authorized representatives, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company by City employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
D. Unreasonable delays in allowing the Director access to the premises or other interference with the activities of the Director shall be a violation of this Article. Access to property and/or records of a nondomestic source may not be refused on the basis that the Director refuses to sign any waiver, access agreement, or similar document.
E. If the Director has been refused access to a building, structure or property or any part thereof, and if the Director has demonstrated probable cause to believe that there may be a violation of this Article or that there is a need to inspect as part of a routine inspection program of the City to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Counselor, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
A Clear Commitment to