Stormwater Management Program
Illicit Discharge Prohibited
11.12.040 ILLICIT DISCHARGE PROHIBITED
A. Illicit Discharge. No Person shall permit, maintain, authorize, direct, place, drain, throw, or otherwise discharge any Pollutant into a Water Body or the Municipal Separate Storm Sewer System, unless in compliance with a valid NPDES Permit, including, but not limited to:
1. The discharge of Pollutants related to the cleaning of gas stations, auto repair garages, or other type of automotive service facilities;
2. Discharge of Pollutants related to commercial auto washing, commercial floor, rug, or carpet cleaning, and other such mobile commercial and industrial operations;
3. To the Maximum Extent Practicable, discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;
4. Discharge of motor oil, antifreeze or any other petroleum product or waste;
5. Discharge of untreated runoff from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials;
6. Discharge of chlorinated/brominated swimming pool water and filter backwash, or any swimming pool, fountain or water containing a harmful level of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in fountain or pool cleaning;
7. Any filter backwash from a swimming pool or fountain;
8. Discharge of untreated runoff from the washing of Pollutant materials from paved or unpaved areas; provided, however, that non-industrial and non-commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand-washing of cars, shall be excluded from this prohibition;
9. To the Maximum Extent Practicable, discharges from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff, unless specifically required by State or City health and safety codes, or permitted under a separate NPDES permit;
10. Discharges from the washing out of concrete trucks, or discharges of any ready-mixed concrete, mortar, ceramic, asphalt based material or hydromulch material, or discharge resulting from the cleaning of vehicles or equipment containing or used in transporting or applying such materials;
11. The disposal of hazardous waste, including household hazardous waste, and including trash containers used for trash disposal where such disposal causes or threatens to cause a direct or indirect discharge;
12. Discharge of any food or food processing wastes; and
13. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality.
14. Discharge of domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
15. Any discharge from water line disinfection by super chlorination if it contains a harmful level of chlorine at the point of entry into the MS4 or surface waters;
16. Any yard waste which have been moved or gathered by a person;
17. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by leaking PST; or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge has received an NPDES permit from the state and is acknowledged by the Director;
18. Any substance or material that will damage, block, or clog the MS4;
19. Any other discharge that causes or contributes to causing the City to violate a state water quality standard, the City's NPDES stormwater permit, the City’s Kansas Water Pollution Control General Permit, or any state-issued discharge permit for discharges from its MS4.
B. Exempted Discharges. Unless identified by KDHE and acknowledged by the Director as a significant source of Pollutants to waters of the state the following examples of Non-Stormwater Discharges are not prohibited from entering the Municipal Separate Storm Sewer System: water line flushing, diverted stream flow, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, contaminated groundwater if authorized by KDHE and acknowledged by the Director; discharges from potable water sources; foundation drains; groundwater sump pump drains; air conditioning condensate; irrigation waters, springs; water from crawl space pumps; footing drains; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges excluding filter backwash; street wash waters; discharges or flows from emergency fire fighting activities; heat pump discharge waters (residential only); treated wastewater meeting requirements of a NPDES permit, other discharges determined not to be a significant source of Pollutants to waters of the state, a public health hazard, or a nuisance.
C. Any discharge identified as an Exempted Discharge by this Section, shall be prohibited by this Chapter if the discharge in question has been determined by KDHE or the Director to be a source of a Pollutant to the Municipal Separate Storm Sewer System or to a Water Body, provided written notice of such determination has been provided by the Director to the property owner or Person responsible for such discharge, and the discharge has occurred more than ten days beyond such notice.
D. No Person shall introduce or cause to be introduced into the Municipal Separate Storm Sewer System or to a Water Body any harmful quantity of sediment, silt, earth, soil, or other material associated with Construction or Land Disturbance activities in excess of what could be retained on site or captured by employing Sediment and Erosion control measures.
E. No Person shall permit, authorize, maintain, allow or connect a line conveying sanitary sewage, domestic or industrial, to the Municipal Separate Storm Sewer System or to a Water Body.
F. No person shall use pesticides, herbicides and fertilizers except in accordance with manufacturer recommendations. Pesticides, herbicides and fertilizers shall be stored transported and disposed of in a manner to prevent release to the MS4.
G. No person shall tamper with, destroy, vandalize, or render inoperable any BMPs which have been installed for the purpose of eliminating or minimizing pollutant discharges, nor shall any person fail to install or fail to properly maintain any BMPs which have been required by the City or by other local, state, or federal jurisdictions.
(Ord. 2866, 2007
; Ord. 2824, 2006