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4.372 Illicit Discharges.

            (1)        Illicit Discharge Prohibited. No person shall discharge or cause to be discharged into the stormwater management system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants or that pose a threat to health, safety, public welfare, or the environment, other than stormwater. The commencement, conduct, or continuance of any non-stormwater discharge to the stormwater management system is prohibited except as provided in subsection (2).

            (2)        Applicability. This section applies to all water entering the stormwater management system generated on any developed and undeveloped lands. Discharges that meet one of more of the following conditions are not subject to this section, except when and where the director determines the discharge is or becomes a significant source of pollutants as provided in subsection (3):

            (a)        The non-stormwater discharge is regulated under a separate NPDES permit.

            (b)        The non-stormwater discharge originates from emergency firefighting activities.

            (c)        The non-stormwater discharge is one or more of the following: uncontaminated water line flushing; landscape irrigation; diverted stream flows; uncontaminated groundwater infiltration (as defined at 40 CFR Section 35.2005(20)); rising groundwaters; uncontaminated pumped groundwater; potable water sources; start up flushing of groundwater wells; foundation, footing and crawlspace drains where flows are not contaminated; uncontaminated air conditioning or compressor condensate; irrigation water; springs; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool or hot tub discharges cooled for at least 12 hours prior to discharge; fire hydrant flushing; or water associated with dye testing activity.

            (d)       The non-stormwater discharge is one or more of the following, provided that no chemicals, soaps, detergents, steam, or heated water are used: charity car washing restricted to the outside of the vehicle and not including washing engines, transmissions, or undercarriages; street and pavement wash waters; and routine external building wash-down.

            (e)        The non-stormwater discharge is treated water from investigation, removal and remedial actions selected or approved by Oregon Department of Environmental Quality pursuant to Oregon Revised Statutes Chapter 465.

            (3)        Suspension Due to Illicit Discharge.

            (a)        Emergencies. The director may, without prior notice, suspend stormwater management system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons or to the stormwater management system. If the violator fails to comply with a suspension order issued in an emergency, the director may take such steps as deemed necessary to prevent or minimize damage to the stormwater management system or to the public.

            (b)        Detection of Illicit Discharge. Any person discharging to the stormwater management system in violation of this section may have their access to the stormwater management system terminated if such termination would abate or reduce an illicit discharge. The director will notify a violator of the proposed termination of its access.

            (c)        Reconsideration by the City Manager. The violator may request reconsideration of the director’s decision by submitting a request in writing to the city manager. The city manager will consider written evidence submitted by the violator and will issue a decision on the reconsideration in writing.

            (d)       Violation. No person shall reinstate access to the stormwater management system upon premises terminated pursuant to this section, without the prior approval of the director or city manager.

            (4)        Best Management Practices Required.

            (a)        Any person in charge, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. BMPs may include, but are not limited to, necessary catch basin traps or other devices for the purpose of preventing such substance from entering the stormwater management system.

            (b)        Where the director reasonably believes a property may produce a substance or substances which pose an increased potential to cause an illicit discharge, the director may require any person in charge to furnish plans prepared by an Oregon registered professional engineer showing the proposed BMPs to be utilized. Such BMPs shall be approved by the director only if tests and subsequent engineering data establish that a desirable standard of removal is produced.

            (5) Violations. Any person who violates a provision of this section may be subject to a civil infraction punishable pursuant to SMC sections 5.600 to 5.626, and shall be liable to the city for any expense, loss, or damage caused to the city by reason of such violation. The imposition of a penalty does not relieve a person in charge of the duty to abate the illicit discharge.

[Section 4.372 added by Ordinance No. 6256, enacted June 7, 2010; amended by Ordinance No. 6454, enacted November 21, 2022.]