Chapter 13.10
DISCHARGE OF HAZARDOUS WASTES

Sections:

13.10.010    Substances prohibited in storm sewer system.

13.10.020    Prohibition of illicit connections.

13.10.030    Interpretation.

13.10.040    Enforcement and violations.

13.10.010 Substances prohibited in storm sewer system.

It is an infraction for any person to throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than stormwater in any public storm sewer, drain, ditch right-of-way or natural outlets:

A. Prohibited Contaminants. Prohibited contaminants include, except as may be permitted under subsections (B) and (C) of this section, any material or waste containing a toxic, poisonous or radioactive substance which constitutes a hazard or is harmful or injurious to humans, animals, fish or fowl. Examples of prohibited contaminants include, but are not limited to:

1. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil and heating oil.

2. Antifreeze and other automotive products.

3. Flammable or explosive materials.

4. Paints, stains, resins, lacquers or varnishes.

5. Degreasers, solvents or drain cleaners.

6. Pesticides, herbicides or fertilizers.

7. Soaps, detergents or ammonia.

8. Swimming pool or spa filter backwash.

9. Chlorine, bromine or other disinfectants.

10. Sewage or animal wastes.

11. Lawn clippings, leaves, or branches.

12. Concrete or cement.

13. Chemicals not normally found in uncontaminated water.

14. Any other process-associated discharge except as otherwise allowed in this section.

B. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the city administrator, or the administrator’s designee, determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

1. Diverted stream flows.

2. Rising ground waters or springs.

3. Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20) or uncontaminated pumped ground water.

4. Air conditioning condensation.

5. Water from crawl space pumps foundation or footing drains.

6. Residential car washing and yard care discharges. The city will endeavor to share public information on best management practices to help reduce the amount of residential car washing and yard care runoff entering into the city’s stormwater system.

7. Flows from riparian habitats and wetlands.

8. Discharges from emergency fire fighting activities.

C. Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the city administrator, or the administrator’s designee, determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

1. Potable water, including water from water line flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;

2. Lawn watering and other irrigation runoff are permitted but shall be minimized;

3. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;

4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;

5. Nonstormwater discharges covered by another state or federal permit; provided, that the discharger is in full compliance with all requirements of the permit;

6. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan approved by the city. (Ord. 899 § 1, 2009; Ord. 664 § 1, 1992)

13.10.020 Prohibition of illicit connections.

The construction, use, maintenance, or continued existence of illicit connections to the storm drain 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. A person is considered to be in violation of this section if the person connects a line conveying sewage to the city’s stormwater system, or allows such a connection to continue. (Ord. 899 § 1, 2009)

13.10.030 Interpretation.

All provisions of this chapter should be interpreted consistently with the NPDES Phase II municipal stormwater permit issued to the city. In the event of a conflict, the NPDES Phase II municipal stormwater permit shall govern. (Ord. 899 § 1, 2009)

13.10.040 Enforcement and violations.

Each violation of this chapter is declared to be a public nuisance. It is a separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted.

A. Right of Entry. The city administrator or the administrator’s designee may enter any premises in order to investigate, inspect or monitor any suspected violations of this chapter or to take remedial action for the public health and safety to the fullest extent allowed by law.

B. Notice of Violation. If a violation is observed or otherwise detected on the premises, the city administrator shall issue a notice of violation to the owner or other person responsible for such violation.

The notice of violation shall describe the violation, require immediate compliance with the requirements of this chapter, and state that a civil penalty has been imposed for the violation. The city administrator may assess a civil penalty of up to $1,000 for each incident/offense which is a violation together with the costs of cleanup and all other costs and expenses incurred by the city including attorneys’ fees, consulting experts and disposal costs.

The notice of violation shall be served upon the owner or other person responsible for the premises, by personal service or regular first class mail addressed to the last known address of such person.

C. Review of Penalty by the Mayor.

1. Any person aggrieved by the penalty imposed by the city administrator pursuant to subsection (B) of this section may obtain a review of the penalty by requesting the same within 10 days after service of the notice of violation. When the last day of the period so computed is a Saturday, Sunday or city holiday, the period shall run until 5:00 p.m. on the next business day. The request must be in writing, and delivered to the office of the mayor.

2. The review will consist of an informal meeting held in the City Hall. The person requesting the review shall present all information and evidence necessary to support a mitigation of the penalty. As full or partial mitigation of the penalty, the violator may show that the violation giving rise to the action was caused by the willful act or neglect of another.

3. At or after the review, the mayor may:

a. Sustain the penalty contained in the notice of violation;

b. Withdraw the notice of violation;

c. Continue the review to a date certain for the receipt of information; or

d. Modify the penalty contained in the notice of violation.

4. The mayor shall issue a final order containing the decision within 10 working days of the date of the completion of the review, and shall cause the same to be mailed by regular, first class mail to the persons requesting the review and/or violator.

5. The final order is the final decision of the mayor. There shall be no further administrative appeal of a final order.

D. The city administrator may, in lieu of or in addition to the imposition of civil penalties as provided above, abate violations of this chapter as a nuisance, according to the procedures set forth in Chapter 8.05 CHMC. (Ord. 899 § 1, 2009; Ord. 664 § 1, 1992. Formerly 13.10.020)