13.25.123 Illicit discharges prohibited – Exceptions

13.25.123 Illicit discharges prohibited – Exceptions.

(1) The discharge of any contaminants to stormwater drainage systems, natural conveyance systems, surface water or groundwater is considered an illicit discharge and is prohibited. Sites are subject to inspection for illicit discharges in accordance with the enforcement provisions of this chapter. Contaminants include but are not limited to the following:

(a) Trash or debris;

(b) Construction materials;

(d) Antifreeze and other automotive products;

(e) Metals in either particulate or dissolved form;

(f) Flammable and explosive materials;

(g) Radioactive material;

(h) Batteries;

(i) Acids, alkalis, and bases;

(j) Paints, stains, resins, lacquers, and varnishes;

(k) Degreasers and solvents;

(l) Drain cleaners;

(m) Pesticides, herbicides, and fertilizers;

(n) Steam cleaning wastes;

(o) Soaps, detergents, and ammonia;

(p) Swimming pool backwash;

(q) Chlorine, bromine and other disinfectants;

(r) Heated water;

(s) Domestic animal wastes;

(t) Sewage;

(u) Recreational vehicle waste;

(v) Animal carcasses;

(w) Food wastes;

(x) Bark and other fibrous materials;

(y) Collected lawn clippings, leaves, and branches;

(z) Silt, sediment, and gravel;

(aa) Dyes, except as stated in subsection (2)(a) of this section;

(bb) Chemicals not normally found in uncontaminated water;

(cc) Any hazardous material or waste not listed above.

(a) Dye testing is allowable but requires verbal notification to the City of Covington Public Works Department at least one day prior to the date of test. The Health Department is exempt from this requirement.

(b) A person does not violate subsection (1) of this section if that person has an NPDES Permit for the site and has properly designed, constructed, implemented and is maintaining BMPs, and is carrying out AKART as required by this chapter, but contaminants continue to enter surface and stormwater or groundwater, or that person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site. A person who, under this subsection, is not in violation of subsection (1) of this section is liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges that allow contaminants to enter surface and stormwater or groundwater.

(c) Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, in order to avoid an imminent threat to public health or safety, shall be exempt from this section. The Director of Public Works may specify actions that qualify for this exception in City procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 13-09 § 10 (Exh. 2))