(a)   No person shall discharge or release, or cause or permit to be discharged or released, into the Municipal Stormwater Drainage System, any substance which is not composed entirely of uncontaminated stormwater, except as allowed in Section 24-203.

(b)   Notwithstanding the provisions of Section 24-203, any discharge or release shall be prohibited by this Section if the discharge or release in question has been determined by the Authorized Public Officer to be a source of pollutants or contamination to the Municipal Stormwater Drainage System and has given notice thereof.

(c)   The construction, use, maintenance or continued existence of Illicit Connections as defined in Section 24-204 is prohibited.  This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.

(d)   No person shall connect a line conveying sewage, domestic sewage or industrial waste to the Municipal Stormwater Drainage System, or allow any such existing connection to continue.

(e)   No person shall intentionally destroy, damage or otherwise interfere with the effectiveness of any BMP implemented pursuant to this Chapter.

(Ord. 4689-09; Ord. 5141-24)

Except as permitted in Section 24-203, Illicit Discharges prohibited under the provisions of Section 24-201(a) include, but are not limited to, the following:

(a)   Motor oil, antifreeze or any other petroleum product or waste;

(b)   Industrial waste;

(c)   Hazardous waste, including household hazardous waste;

(d)   Domestic sewage, septic tank waste, grease trap waste, or grit trap waste;

(e)   Garbage, rubbish or yard waste (including grass trimmings, leaves, weeds and all other vegetation or portions, trimmings or wastes thereof or therefrom);

(f)   Wastewater which contains soap, detergent, degreaser, solvent, surfactant, emulsifier, dispersant or other cleaning substances;

(g)   Wastewater (i) from any commercial facility for the washing of vehicles, such as carwash facilities, or (ii) from any similar facility associated with any new or used vehicle distributorship, rental agency, body shop, repair shop or maintenance facility, or (iii) from any similar facility maintained by any business or institution for the washing, cleaning or maintenance of its own business or commercial vehicles or heavy equipment;

(h)   Wastewater from the cleaning of the portion of vehicles or equipment which contained ready-mixed concrete, mortar, ceramic, asphalt-based material or hydromulch material;

(i)    Wastewater from the washdown or other cleaning of any pavement where any spill, leak or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred;

(j)    Effluent from a cooling tower, condenser, compressor, emissions scrubber or emission filter, or the blowdown from a boiler;

(k)   Runoff, washdown water or waste from any animal pen, kennel, fowl or livestock containment area;

(l)    Swimming pool water which has not been de-chlorinated in accordance with the specifications of the Authorized Public Officer

(m)  Swimming pool or fountain filter backwash;

(n)   Any substance or material which will damage, block or clog the Municipal Stormwater Drainage System;

(o)   Any release from a petroleum storage tank, or any leachate or runoff from soil contaminated by a petroleum storage tank leakage;

(p)   Pesticides or fertilizers, including runoff from the improper storage, discarding, transportation or application of pesticides or fertilizers;

(q)   Runoff, washdown or wastewater which contains any of the above; or

(r)    Non-Stormwater Discharge from a Construction Activity site.

(Ord. 4689-09; Ord. 5141-24)

The following non-stormwater discharges are deemed acceptable and not a violation of Sections 24-201 or 24-202 above: 

(a)   Uncontaminated discharge from water line flushing;

(b)   Uncontaminated discharge or flow from a diverted stream flow or a natural spring;

(c)   Uncontaminated groundwater infiltration as defined under 40 CFR 35.2005(20) to separate storm sewers;

(d)   Discharge of flow from uncontaminated pumped groundwater or rising groundwater;

(e)   Discharge or flow from contaminated groundwater if specifically authorized by KDHE and the City;

(f)   Uncontaminated discharge or flow from potable water sources;

(g)   Uncontaminated discharge or flow from a foundation drain, a crawl space pump, a footing drain or a sump pump;

(h)   Uncontaminated discharge or flow from air-conditioning condensation which is not mixed with water from a cooling tower, emissions scrubber, emissions filter or any other source of any pollutant;

(i)    Infrequent and uncontaminated discharge or flow from lawn watering, landscape irrigation or other irrigation water;

(j)    Discharge from the occasional, non-commercial washing of vehicles upon a residential premises;

(k)   Uncontaminated discharge of flow from riparian habitat or wetland;

(l)    Swimming pool discharges (excluding filter backwash) which have first been de-chlorinated pursuant to specifications of the Authorized Public Officer;

(m)  Discharge or flow from street washing which is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or other harmful cleaning substance;

(n)   Discharge or flow from emergency fire fighting activities, or which results from actions taken under emergency conditions which are reasonably necessary to mitigate damages to life and property;

(o)   Uncontaminated residential heat pump discharge waters;

(p)   Treated wastewater meeting requirements of a NPDES permit;

(q)   Non-point agricultural discharge, excluding discharges from confined animal feeding operations; and

(r)    Other discharges determined by the Authorized Public Officer not to be a significant source of pollutants to waters of the State;

provided, however, that if the Authorized Public Officer determines that any discharge or flow of a type identified above is a source of pollutants to the waters of the Municipal Stormwater Drainage System, and gives direct oral or written notice thereof to the person or party responsible for such property or for such discharges or flows, then the exception herein provided shall no longer apply.

(Ord. 4689-09; Ord. 5141-24)

It shall be unlawful for any person to cause or permit to exist on any property which is under such person’s ownership or control any Illicit Connections to the Municipal Stormwater Drainage System.  This includes, but is not limited to, 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.  Illicit Connections in violation of this Chapter must be disconnected and either eliminated or redirected in a lawful manner to an approved onsite wastewater management system or to the sanitary sewer system, which such work shall be performed in accordance with all permit and code requirements.

(Ord. 4689-09; Ord. 5141-24)

Every person owning property through which a watercourse or drainage easement passes, and any lessee of such property, shall keep and maintain that part of the watercourse or drainage easement within the property free of trash, debris, excessive vegetation, grass clippings and other yard waste, and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse or drainage easement. In addition, the owner and lessee shall maintain existing privately owned structures within or adjacent to a watercourse or drainage easement so that such structures will not become a hazard to the use, function or physical integrity of the watercourse or drainage easement in the collection and discharge of stormwater.

(Ord. 4689-09; Ord. 5141-24)

During an active emergency situation involving an illicit discharge, the city may suspend MS4 discharge access to a person when it is deemed necessary to stop an imminent danger to the environment, civilian health or welfare, or the waters of the community.  The Authorized Public Officer shall use their discretion to make this determination.

(Ord. 5141-24)

Any person discharging to the MS4 in violation of this article may be deemed to be maintaining a nuisance and may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.

(Ord. 5141-24)