§ 18-507. Illicit discharges.

(1)

Scope. This section shall apply to all water generated on developed or undeveloped land entering the Program's MS4.

(2)

Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. Non-stormwater discharges shall include, but shall not be limited to:

(a)

Sanitary wastewater;

(b)

Car wash wastewater;

(c)

Radiator flushing disposal;

(d)

Spills from roadway accidents;

(e)

Carpet cleaning wastewater;

(f)

Effluent from septic tanks;

(g)

Improper oil disposal;

(h)

Laundry wastewater/gray water;

(i)

Improper storage, disposal or discharge of auto and household products;

(j)

Improper storage, disposal or discharge of solid waste, including discharge from vehicles;

(k)

Any discharge that flows from a stormwater facility that is not inspected and maintained in accordance with section 18-505 and 18-514 of this chapter and in accordance to the stormwater program standard operating procedures, as amended, latest edition;

(l)

Discharge related activities that are likely to jeopardize the continued existence of any state or federally listed species or result in the adverse modification or destruction of habitat that is designated as critical under the Endangered Species Act (ESA) or other applicable state law or rule;

(m)

Discharge or conduct discharge related activities that will cause a prohibited take of federally listed species (as defined under section 3 of the ESA and 50 CFR § 17.3), unless such take is authorized under sections 7 or 10 of the ESA;

(n)

Discharge or conduct discharge-related activities that will cause a prohibited take of state listed species (as defined in the Tennessee Wildlife Resources Commission Proclamation, Endangered or Threatened Species, and in the Tennessee Wildlife Resources Commission Proclamation, wildlife in need of management), unless such take is authorized under the provisions of Tennessee Code Annotated § 70-8-106(e);

(o)

Discharges that would cause or contribute to an in-stream exceedance of water quality standards;

(p)

Discharges of any pollutant into any water for which a total maximum daily load (TMDL) has been approved by EPA, where the TMDL establishes a specific waste load allocation and recommends it be incorporated into an individual NPDES permit;

(q)

Discharges of materials resulting from a spill, except emergency discharges required to prevent imminent threat to human health or to prevent severe property damage, provided reasonable and prudent measures have been taken to minimize the impact of the discharges.

(3)

Exempt discharges. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:

(a)

Uncontaminated discharges from the following sources:

1.

Water line flushing or other potable water sources;

2.

Irrigation or lawn watering with potable water;

3.

Diverted stream flows;

4.

Rising ground water;

5.

Groundwater infiltration to storm drains, infiltration does not include sanitary sewer inflow;

6.

Pumped groundwater;

7.

Foundation or footing drains;

8.

Crawl space pumps;

9.

Air conditioning condensation;

10.

Springs;

11.

Individual residential car washing;

12.

Natural riparian habitat or wetland flows;

13.

Firefighting activities;

14.

Discharges specified in writing by the program as being necessary to protect public health and safety;

15.

Dye testing is an allowable discharge if the program has so specified in writing;

16.

Discharges authorized by the construction general permit (CGP), as amended, latest edition:

a.

Dewatering of work areas of collected stormwater and ground water (filtering or chemical treatment may be necessary prior to discharge);

b.

Waters used to wash vehicles (of dust and soil, not process materials such as oils, asphalt or concrete) where detergents are not used and detention and/or filtering is provided before the water leaves site;

c.

Water used to control dust in accordance with CGP, as amended, latest edition;

d.

Potable water sources including waterline flushing from which chlorine has been removed to the maximum extent practicable;

e.

Routine external building wash-down that does not use detergents or other chemicals;

f.

Uncontaminated groundwater or spring water; and

g.

Foundation or footing drains where flows are not contaminated with pollutants (process materials such as solvents, heavy metals, etc.).

(4)

Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(5)

Prohibition of illegal dumping. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the program service area. It shall be illegal for any person to intentionally dump or spill liquids or solids that are considered pollutants by the U.S. Environmental Protection Agency (EPA) on the ground where there is potential exposure to rain or stormwater and potential for the pollutant to reach the municipal separate storm sewer system of the city.

(6)

Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. Discharges from existing BMPs that have not been maintained and/or inspected in accordance with this ordinance shall be regarded as illicit.

(7)

Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the program in person or by telephone, fax, or email, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Program within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(8)

Elimination of illicit connections and illicit discharges.

(a)

Any owner or tenant of a property or premises where an illicit connection and/or discharge is located shall be required, at such person's expense, to eliminate the illicit connection and/or discharge to the municipal separate storm sewer system.

(b)

Any owner or tenant of a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at such person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system.

(c)

Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this ordinance.

(9)

Inspections.

(a)

The city administrator or designee or their representative shall have the right to enter onto private properties for the purposes of investigating a suspected violation of this ordinance, or to remove foreign objects or blockages.

(b)

The owner or person in control of any premises, facility, operation, or residence where an illicit discharge or illicit connection is known or suspected shall allow the city administrator or designee or their representative to have access to and copy at reasonable times, any applicable state or federal permits and associated records related to the known or suspected discharge or connection, and any reports or records maintained in accordance with this ordinance.

(c)

The failure of an owner or person in control of any premises to allow such inspection by the city administrator or designee or their representative shall be a violation of this chapter, which violation may be cause for the issuance of a stop work order, withholding of a certificate of occupancy, and/or civil penalties in addition to enforcement actions for illicit discharge.

(d)

The city administrator or designee may require any person engaging in any activity or owning any property, building or facility (including but not limited to a site of industrial activity) to undertake such reasonable monitoring of any discharge(s) to the stormwater system and to furnish periodic detailed reports of discharges and/or illicit discharges.

(Ord. No. 3581 , 7-18-2017)