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PHASE II SMALL MS4s
REQUIRED LEGAL AUTHORITY TO
CONTROL ILLICIT DISCHARGES
40 C.F.R. § 122.26(b).
(2) Illicit discharge means any discharge to a municipal
separate storm sewer that is not composed entirely of storm water
except discharges pursuant to a NPDES permit (other than the
NPDES permit for discharges from the municipal separate storm
sewer) and discharges resulting from fire fighting activities.
(13) Storm water means storm water runoff, snow melt
runoff, and surface runoff and drainage.
40 C.F.R. § 122.34(b)(3).
Illicit discharge detection and elimination. You must:
(ii) To the extent allowable under State or Tribal law,
effectively prohibit, through ordinance, order, or similar means, illicit
discharges into your storm sewer system and implement appropriate
enforcement procedures and actions;
(iii) Implement a plan to detect and address illicit
discharges, including illegal dumping, to your system.
Brown MCU1I011 & Oaks Hdllline, L.I.P.
Jackson Battle
Attorney at Law
111 Congress Avenue, Suite 1400 • Austin, TX 78701 -4043
direct phone 512 -479 -9757 • main phone 512 -472 -5456
fax 512-479-1101 • email jbattle @bmoh.com
MODEL ORDINANCE PROVISIONS TO
CONTROL ILLICIT DISCHARGES
II. GENERAL PROHIBITION
A. No person shall introduce or cause to be introduced into the
municipal separate storm sewer system (MS4) any discharge that is
not composed entirely of storm water.
B. It is an affirmative defense to any enforcement action for violation of
Subsection A of this section that the discharge was composed entirely
of one or more of the following categories of discharges:
1. A discharge authorized by, and in full compliance with, an
NPDES permit (other than the NPDES permit for discharges
from the MS4);
2. A discharge or flow resulting from fire fighting by the Fire
Department;
3. A discharge or flow of fire protection water that does not
contain oil or hazardous substances or materials [that the Fire
Code in this Code of Ordinances requires to be contained and
treated prior to discharge, in which case treatment adequate to
remove harmful quantities of pollutants must have occurred
prior to discharge];
4. Agricultural storm water runoff,
5. A discharge or flow from water line flushing, but not
including a discharge from water line disinfection by
superchlorination or other means unless [the total residual
chlorine (TRC) has been reduced to less than mg /1 and]
it contains no harmful quantity of [chlorine or] any [other]
chemical used in line disinfection;
6. A discharge or flow from lawn watering, [or] landscape
irrigation [, or other irrigation water];
7. A discharge or flow from a diverted stream flow or natural
spring;
8. A discharge or flow from uncontaminated pumped
groundwater or rising groundwater;
9. Uncontaminated groundwater infiltration (as defined as 40
C.F.R. § 35.2005(20)) to the MS4;
10. Uncontaminated discharge or flow from a foundation drain,
crawl space pump, footing drain [, or sump pump];
11. A discharge or flow from a potable water source not
containing any harmful substance or material from the
cleaning or draining of a storage tank or other container;
12. A discharge or flow from air conditioning condensation that
is unmixed with water from a cooling tower, emissions
scrubber, emissions filter, or any other source of pollutant;
13. A discharge or flow from individual residential car washing;
14. A discharge or flow from a riparian habitat or wetland;
15. A discharge or flow from water used in street washing that is
not contaminated with any soap, detergent, degreaser, solvent,
emulsifier, dispersant, or any other harmful cleaning
substance;
[ 16. Storm water runoff from a roof that is not contaminated by
any runoff or discharge from an emissions scrubber or filter
or any other source of pollutant;]
17. Swimming pool water [that has been dechlorinated so that
total residual chlorine (TRC) is less than mg /1 and] that
contains no harmful quantity of [chlorine,] muriatic acid or
other chemical used in the treatment or disinfection of the
swimming pool water or in pool cleaning.
C. No affirmative defense shall be available under Subsection B of this
section. if the discharge or flow in question has been determined by
the [City Engineer] to be a source of a pollutant or pollutants to the
waters of the United States [or to the MS4], written notice of such
determination has been provided to the discharger, and the discharge
has occurred more than 15[ ?] days beyond such notice. The
correctness of the [City Engineer's] determination that a discharge is
a source of a pollutant or pollutants may be reviewed in any
administrative or judicial enforcement proceeding.
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III. SPECIFIC PROHIBITIONS AND REQUIREMENTS
A. The specific prohibitions and requirements in this section are not
[necessarily] inclusive of all the discharges prohibited by the general
prohibition in Section II.
B. No person shall introduce or cause to be introduced into the MS4 any
discharge that causes or contributes to causing the City to violate a
water quality standard, the City's NPDES permit, or any state - issued
discharge permit for discharges from its MS4.
C. No person shall dump, spill, leak, pump, pour, emit, empty,
discharge, leach, dispose, or otherwise introduce or cause, allow, or
permit to be introduced any of the following substances into the MS4:
1. Any used motor oil, antifreeze, or any other motor vehicle
fluid;
2. Any industrial waste;
3. Any hazardous waste, including hazardous household waste;
4. Any domestic sewage or septic tank waste, grease trap waste,
or grit trap waste;
5. Any garbage, rubbish, or yard waste;
6. Any wastewater from a commercial carwash facility; from
any vehicle washing, cleaning, or maintenance at any new or
used automobile or other vehicle dealership, rental agency,
body shop, repair shop, or maintenance facility; or from any
washing, cleaning, or maintenance of any business or
commercial or public service vehicle, including a truck, bus,
or heavy equipment, by a business or public entity that
operates more than 2[ ?] such vehicles;
7. Any wastewater from the washing, cleaning, de- icing, or
other maintenance of aircraft;
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8. Any wastewater from a commercial mobile power washer or
from the washing or other cleaning of a building exterior that
contains any soap, detergent, degreaser, solvent, or any other
harmful cleaning substance;
9. Any wastewater from [commercial ?] floor, rug, or carpet
cleaning;
10. Any wastewater from the washdown or other cleaning of
pavement that contains any harmful quantity of soap,
detergent, solvent, degreaser, emulsifier, dispersant, or any
other harmful cleaning substance; or any 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, unless all harmful
quantities of such released material have been previously
removed;
11. Any effluent from a cooling tower, condenser, compressor,
emissions scrubber, emissions filter, or the blowdown from a
boiler;
12. Any ready -mixed concrete, mortar, ceramic, or asphalt base
material or hydromulch material, or material from the
cleaning of [commercial ?] vehicles or equipment containing,
or used in transporting or applying, such material;
13. Any runoff or washdown water from any animal pen, kennel,
or foul or livestock containment area [containing more than
animals];
14. Any filter backwash from a swimming pool, [or] fountain [,
or spa];
15. Any swimming pool water containing [total residual chlorine
(TRC) of mg /l or more or containing] any harmful
quantity of [chlorine,] muriatic acid or other chemical used in
the treatment or disinfection of the swimming pool water or
in pool cleaning;
16. Any discharge from water line disinfection by
superchlorination or other means if [the total residual chlorine
(TRC) is at mg /l or more or if] it contains any harmful
quantity of [chlorine or] any other chemical used in line
disinfection;
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17. Any fire protection water containing oil or hazardous
substances or materials [that the Fire Code in this Code of
Ordinances requires to be contained and treated prior to
discharge, unless treatment adequate to remove pollutants
occurs prior to discharge. (This prohibition does not apply to
discharges or flow from fire fighting by the Fire
Department.)];
18. Any water from a water curtain in a spray room used for
painting vehicles or equipment;
19. Any contaminated runoff from a vehicle salvage yard;
20. Any substance or material that will damage, block, or clog the
MS4;
21. Any release from a petroleum storage tank (PST), or any
leachate or runoff from soil contaminated by a leaking PST,
or any discharge of pumped, confined, or treated wastewater
from the remediation of any such PST release, unless the
discharge satisfies all of the following criteria:
(a) Compliance with all state and federal standards and
requirements;
(b) No discharge containing a harmful quantity of any
pollutant; [and]
(c) No discharge containing more than 50 parts per
billion of benzene; 500 parts per billion combined
total quantities of benzene, toluene, ethylbenzene, and
xylene (BTEX); or 15 mg /l of total petroleum
hydrocarbons (TPH).
D. No person shall introduce or cause to be introduced into the MS4 any
harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation or other construction
activities [, or associated with landfilling or other placement or
disposal of soil, rock, or other earth materials,] in excess of what
could be retained on site or captured by employing sediment and
erosion control measures to the maximum extent practicable [under
prevailing circumstances].
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E. No person shall connect a line conveying sanitary sewage, domestic
or industrial, to the MS4, or allow such a connection to continue.
F. No person shall cause or allow any pavement washwater from a
service station to be discharged into the MS4 unless such washwater
has passed through a properly functioning and maintained, grease, oil,
and sand interceptor before discharge into the MS4.
G. Used Oil Re ulation
No person shall:
(a) Discharge used oil into the MS4 or a sewer, drainage
system, septic tank, surface water, groundwater, or
water course;
(b) Knowingly mix or commingle used oil with solid
waste that is to be disposed of in a landfill or
knowingly directly dispose of used oil on land or in a
landfill;
(c) Apply used oil to a road or land for dust suppression,
weed abatement, or other similar use that introduces
used oil into the environment.
H. [A particular city may want to include, or retain from existing
ordinances, certain "nuisance" provisions requiring removal of trash
and debris from property, prohibiting stagnant water from being
allowed to stand on property, and prohibiting storage of toxic or
hazardous substances on property so as to allow exposure to
precipitation and storm water runoff, etc.]
I. [A particular city may want to include any provisions deemed
necessary to protect special local features critical to control of storm
water runoff -- for example, wetlands, swales, or ponds.]
AUS: 1777969.1
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