§ 30-123. Discharge to storm sewers.

(a)

Prohibited illicit discharges to storm drainage system.

(1)

No person shall release or cause to be released into the storm drainage system any discharge that is not composed entirely of uncontaminated stormwater, except as allowed in subsection (b) of this section. Common stormwater contaminants include sediment, trash, yard waste, lawn chemicals, pet waste, wastewater, used motor oil, petroleum products, cleaning products, paint products, other household hazardous waste, and toxic substances.

(2)

Notwithstanding the provisions of subsection (b) of this section, any discharge shall be prohibited by this section if the discharge in question has been determined by the director to be a source of pollutants to the storm drainage system.

(3)

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, 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.

(4)

No person shall maliciously destroy or interfere with BMPs implemented pursuant to this chapter.

(b)

Acceptable nonstormwater discharges. Unless specifically identified by the director or KDHE, the following nonstormwater discharges are deemed acceptable and not a violation of this section:

(1)

Water line flushing;

(2)

Diverted streamflow;

(3)

Rising groundwater;

(4)

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

(5)

Uncontaminated pumped groundwater;

(6)

Contaminated groundwater may be pumped into the storm sewers if authorized by KDHE and approved by the unified government;

(7)

Discharges from potable water sources;

(8)

Foundation drains

(9)

Air conditioning condensate;

(10)

Irrigation waters;

(11)

Springs;

(12)

Water from crawlspace pumps;

(13)

Footing drains;

(14)

Individual residential car washing;

(15)

Flows from riparian habitats and wetlands;

(16)

Dechlorinated swimming pool discharges excluding filter backwash;

(17)

Street wash waters excluding street sweepings;

(18)

Discharges or flows from emergency firefighting activities;

(19)

Heat pump discharge waters (residential only);

(20)

Treated wastewater meeting requirements of an NPDES permit; and

(21)

Other pollutants determined not to be a significant source of pollutants to waters of the state, a public health hazard or a nuisance.

(c)

Requirements applicable to certain discharges. The owner of property that discharges stormwater to a storm drainage system, including property with a facility on-site which the director has identified as a high-risk commercial facility with a high potential for pollutant discharges to the storm drainage system, shall implement the following practices to reduce the risk associated with their operations.

(1)

Private drainage system maintenance. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures.

(2)

Minimization of irrigation runoff. A discharge of irrigation water that is of sufficient quantity to cause a concentrated flow in the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.

(3)

Cleaning of paved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this article. This section does not apply to pollutants discharged from construction activities.

(4)

Maintenance of equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.

(5)

Materials storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited.

(6)

Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided.

(7)

Prohibition on use of pesticides and fungicides banned from manufacture. Use of any pesticide, herbicide or fungicide, the manufacture of which been either voluntarily discontinued or prohibited by the EPA or any federal, state or unified government regulation is prohibited.

(8)

Open drainage channel maintenance. Every person owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the drainage channel. In addition, the owner or occupant shall maintain existing privately owned structures adjacent to a drainage channel, so that such structures will not become a hazard to the use, function, or physical integrity of the drainage channel.

(d)

Release reporting and cleanup. Property owners and the persons; responsible for a known or suspected release of materials which results in or may result in illegal discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of a release of a hazardous material, the responsible person shall comply with all state, federal, and local laws requiring reporting (including immediate notification of the director), cleanup, containment, and any other appropriate remedial action in response to the release. In the event of a release of nonhazardous materials, the property owner and the persons responsible shall notify the director no later than 5:00 p.m. of the next business day.

(Code 1988, § 30-172; Ord. No. O-46-05, § 1, 6-2-2005; Ord. No. O-27-14, § 5, 4-10-2014)