§ 29-4. Discharge prohibitions.

A. 

Prohibition of illicit discharges.

(1) 

A person shall not discharge, directly or indirectly, any pollutant into the City's stormwater system, except in quantities expressly authorized by an approved NPDES permit or by a plan for compliance, or that are consistent with the utilization of best management practices.

(2) 

A person shall not improperly store, handle, or apply any pollutant in a manner that will cause its exposure to rainfall or runoff or otherwise cause it to discharge into the stormwater system, except in quantities explicitly authorized by an approved NPDES permit or by a plan for compliance, or that are consistent with the utilization of best management practices.

(3) 

The following shall not be deemed to be an illegal discharge (unless identified by the Department as a source of pollutants or deemed to be an interference to the proper operation and maintenance of the stormwater drainage system):

(a) 

Water supply line flushing, landscape irrigation runoff, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration [as defined by 40 CFR 35.2005 (20)], pumped groundwater (except for groundwater cleanups not specifically authorized by NPDES permits), discharges from potable water sources, foundation drains, air conditioning condensate, irrigation water, springs, water from crawl space pumps, footing drains and basement sump pumps, lawn watering runoff, waters from noncommercial car washing, flows from riparian habitats and wetlands, and residual street wash waters, discharges or flows from emergency fire fighting activities;

(b) 

Residential swimming pool discharges so long as the pool waters have been effectively de-chlorinated (less than 0.5 parts per million chlorine) and so long as the discharge does not occur during times of heavy rains (nonresidential/commercial swimming pools are regulated under Chapter 34, Swimming Pools, of the Kalamazoo Code and Chapter 28, Wastewater Discharge Regulations and Enforcement Procedures);

(c) 

Discharges specified by the Department as being necessary to protect public health and safety;

(d) 

Dye testing using MDEQ or Department approved dyes, so long as preceded by a written notification to and approval from the Department; and

(e) 

Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency or MDEQ, provided that the discharger is in full compliance with all requirements of the permit or order, and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the stormwater system.

(4) 

No person shall place any material in or around any stormwater system component, including catch basins, inlets, manholes, culverts, pipes, or natural watercourse, if such material acts to significantly obstruct or clog the stormwater system or stormwater flow. This prohibition shall not apply to the temporary placement of material as acceptable and consistent with official City material collection programs and policies (such as leaf or brush pickups).

(5) 

A person may not discharge fluids into or towards the stormwater system if such discharge accumulates and freezes on a street or sidewalk, or is reasonably likely to do so.

B. 

Prohibition of illicit connections.

(1) 

No person shall construct, use, maintain, or allow to continue to exist a connection to the stormwater system unless first permitted to do so by the City's Department of Public Services, Engineering Division or other department designated division.

(2) 

This requirement includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) 

A person is considered to be in violation of this chapter if the person connects a conduit conveying wastewater to the MS4, or allows such a connection to continue.