Chapter 13.12


13.12.010    Applicability.

13.12.020    Prohibited discharges or acts.

13.12.030    Notification of spills or other violations.

13.12.010 Applicability.

This chapter shall apply to all discharges generated on any developed and undeveloped lands that enter that portion of the MS4 located within the Fairbanks Urbanized Area unless explicitly exempted by an authorized enforcement agency. (Ord. 2008-22 § 5, 2008. 2004 Code § 21.30.010.)

13.12.020 Prohibited discharges or acts.

A. No person shall cause or permit the commencement, conduct, or continuance of any non-storm water discharge into the MS4, except where such discharges satisfy one of the following three conditions:

1. The non-storm water discharges are in compliance with a separate NPDES permit;

2. The non-storm water discharges result from a spill and:

a. Are the result of an unforeseen weather event where reasonable and prudent measures have been taken to minimize the impact of such discharge; or

b. Consist of emergency discharges required to prevent imminent threat to human health or severe property damage; provided, that reasonable and prudent measures have been taken to minimize the impact of such discharges; or

3. The non-storm water discharges satisfy each of the following two conditions:

a. The discharges consist of uncontaminated water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR Section 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensate, irrigation water, springs, water from crawlspace pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash water, residential building wash waters without detergents, and flows from emergency firefighting activities; and

b. The discharges are not sources of pollution to waters of the United States. A discharge is considered a source of pollution to waters of the United States if it:

i. Causes excessive foam in the receiving waters or contains floating and/or settleable solids in amounts sufficient to make the water unsafe or unfit for providing water supply or other beneficial uses;

ii. Contains oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters;

iii. Contains substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance;

iv. Contains any substance or combination of substances in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans;

v. Contains any substances or combination of substances that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated use.

B. No person shall deposit, dump, abandon, throw, scatter, or transport solid waste, garbage, rubbish, junk, fill, soil, dirt, or other material in such a manner as to obstruct, impound, or cause siltation to the MS4 except as otherwise allowed by valid federal, state, or local permits.

C. No person shall dispose of snow directly into the MS4. Discharges from public snow disposal sites and approved road service area snow management operations may be authorized when appropriate BMPs are utilized. Such BMPs must be designed to prevent pollutants in the discharge and to assure that applicable water quality standards are not violated. (Ord. 2008-22 § 5, 2008. 2004 Code § 21.30.020.)

13.12.030 Notification of spills or other violations.

A. Notwithstanding other requirements of law, any person who permits, causes, or identifies any known or suspected release of materials which result or may result in an illicit discharge into the MS4 shall report such discharge or violation to the department as soon as practicable and shall make available any information or records related to the contents of the substance discharged.

B. All immediate steps necessary to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge shall be taken.

C. All immediate steps necessary to ensure no recurrence of the discharge or spill will occur shall be taken. (Ord. 2008-22 § 5, 2008. 2004 Code § 21.30.030.)