Stormwater Management Program
11.12.040
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:

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)