13.26A.025 Discharges into Clark County waters.

A.    Prohibited Discharges.

1.    It is unlawful for any person to discharge any contaminants, as defined in Section 13.26A.015, into surface water, stormwater, or groundwater.

2.    Illicit Connections. Any connection that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an illicit connection and is prohibited with the following exceptions:

a.    Connections conveying allowable discharges;

b.    Connections conveying discharges pursuant to an NPDES permit or a state waste discharge permit; and

c.    Connections conveying effluent from on-site sewage disposal systems to subsurface soils.

B.    Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing significant contamination of surface and stormwater or groundwater:

1.    Uncontaminated water from crawl space pumps or footing drains;

2.    Lawn watering;

3.    Swimming pool water if dechlorinated to a concentration of 0.1 parts per million or less, pH adjusted and controlled to prevent erosion and sediment transport;

4.    Materials placed as part of an approved habitat restoration or bank stabilization project;

5.    Air conditioning condensate;

6.    Flows from riparian habitats and wetlands;

7.    Springs;

8.    Diverted stream flows;

9.    Rising ground waters;

10.    Uncontaminated ground water infiltration (as defined at CFR 35.2005(20));

11.    Uncontaminated pumped groundwater;

12.    Irrigation water from agricultural sources that is commingled with stormwater;

13.    The following discharges from boats: engine exhaust, cooling waters, effluent from sinks, showers and laundry facilities and treated sewage from Type I and Type II marine sanitation devices; and

14.    Common practices for water well disinfection if dechlorinated to a concentration of 0.1 parts per million or less, pH adjusted and controlled to prevent erosion and sediment transport.

C.    Exceptions.

1.    Dye testing is allowable but requires verbal notification to the director at least one (1) day prior to the date of test. The Clark County environmental services department, Clark County public health, or a sewer service purveyor is exempt from this requirement.

2.    If a person has properly designed, constructed, implemented and is properly maintaining BMPs, and is carrying out AKART as required by this chapter or through another federal or state regulatory or resource management program, and contaminants continue to enter surface and stormwater or groundwater, then that person shall not be in violation of Section 13.26A.025(A).

3.    If a person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of Section 13.26A.025(A).

4.    Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, shall be exempt from this section. The director may specify actions that qualify for this exception in county procedures. The person responsible for emergency response activities should take steps to ensure that the discharges resulting from such activities are minimized to the greatest extent possible. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Exh. A of Ord. 1998-11-17; amended by Sec. 3 (Exh. B) of Ord. 2000-07-34; amended by Sec. 3 (Exh. 2) of Ord. 2009-01-01; amended by Sec. 1 (Att. A § 2) of Ord. 2011-08-08)