32C-103 Prohibited and permitted practices. *1

A.    It shall be unlawful for any person to use, store, treat or dispose of stormwater, pollutants, or significant materials in a manner that creates a public nuisance as defined in Section 32C-102 of this chapter.

B.    It shall be unlawful for any person to release to a publicly owned right-of-way, retention or detention basin, or public storm drain system any substance that is not composed entirely of stormwater except (1) releases pursuant to an NPDES/AZPDES permit, (2) releases resulting from emergency firefighting activities, and (3) releases of materials as provided in subsection F, G or H of this section. *1

C.    It shall be unlawful for any person to install or use a direct connection to the public storm drain system without permission of the City Manager. +1

D.    It shall be unlawful for any person to fail to maintain best management practices, including but not limited to stormwater retention and detention basins, drywells, and storage structures. +1

E.    It shall be unlawful for any person to, without good cause, interfere with or prohibit any City employee from conducting any activities in furtherance of the requirements of this chapter, including conducting inspections and collecting samples. *1

F.    This section does not prohibit releases of stormwater from stormwater retention or detention basins if a permit or approval is first obtained from the City Manager. A person seeking such a permit or approval shall demonstrate that the release is not reasonably expected to cause or contribute to a public nuisance as defined in Section 32C-102. *1

G.    This section does not prohibit releases from the following sources, provided those releases are not a significant source of pollutants and are discharged in a manner that does not create a public nuisance as defined in Section 32C-102: *1

1.    Fire fighting system testing and maintenance, including hydrant flushings; +1

2.    Discharges related to installation and maintenance of potable water supply systems, including disinfection and flushing activities; discharges resulting from pressure releases or overflows; and discharges from wells approved for drinking water use; +1

3.    Uncontaminated condensate from air conditioners, and other compressors and from the outside storage of refrigerated gases or liquids; +1

4.    Irrigation water; +1

5.    Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling; +1

6.    Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed); +1

7.    Routine external building wash-down that does not use detergents or other chemicals; +1

8.    Water used to control dust, provided effluent or other wastewaters are not used; +1

9.    Uncontaminated groundwater or spring water; +1

10.    Foundation or footing drains where flows are not contaminated with process materials such as solvents; +1

11.    City street sweeping activities; and +1

12.    Individual residential and not-for-profit/charitable organization fundraising vehicle washing. +1

H.    This section does not prohibit releases to the public storm drain system that are authorized pursuant to an NPDES/AZPDES permit; provided, that all conditions of that permit are met and the City has been provided a copy of the applicable authorization to discharge or other written proof of permit coverage. Examples of this include releases authorized under the NPDES/AZPDES general permits for de minimis discharges or stormwater discharges associated with industrial activity. An authorization under a separate NPDES/AZPDES permit, however, does not exempt a person from preparing a stormwater management plan and submitting it to the City, if required under Section 32C-104. +1

(Ord. No. G-3589, § 1; new style in use as of 8-1-2011)

Date of Addition/Revision/Deletion - Section 32C-103

+1    Addition on 5-30-2012 by Ordinance No. G-5707, eff. 6-29-2012

*1    Revision on 5-30-2012 by Ordinance No. G-5707, eff. 6-29-2012