§ 26-202. General prohibition.

(a)

No person shall release or cause to be released into the MS4, or into any surface water within the city, any discharge that is not composed entirely of stormwater that is free of pollutants, except as allowed in subsection (b) of this section.

(b)

Unless identified by the city or KDHE as a significant source of pollutants to surface water the following nonstormwater discharges are deemed acceptable and not a violation of this section:

(1)

Water line flushing;

(2)

Diverted stream flow;

(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 if authorized by KDHE and approved by the municipality;

(7)

Discharges from potable water sources;

(8)

Foundation drains;

(9)

Air conditioning condensate;

(10)

Irrigation waters;

(11)

Springs;

(12)

Water from crawl space 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 which have been removed from the street);

(18)

Discharges or flows from emergency firefighting activities;

(19)

Heat pump discharge waters (residential only);

(20)

Treated wastewater or other discharges meeting requirements of a NPDES permit;

(21)

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

(22)

Discharges specified in writing by the community development director as being necessary to protect public health and safety.

(c)

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 community development director to be a source of a pollutants to the MS4 or to surface waters, written notice of such determination has been provided to the property owner or person responsible for such discharges, and the discharge has occurred more than ten days beyond such notice.

(Code 1967, ch. 7, art. 9, § 7-95; Ord. No. 1689, § 11(7-95), 7-9-2012; Ord. No. 1729, § 1, 1-12-2015 )