Illicit discharges.
(a)
Scope. This section shall apply to all water generated on developed or undeveloped land entering Oak Hill's municipal separate storm sewer system.
(b)
Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. No person shall allow discharges that flow from a stormwater facility that is not inspected in accordance with Tennessee General Permit Stormwater Discharges from Construction Activities section 3.5.8.2. Non-stormwater discharges shall include, but shall not be limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:
(1)
Uncontaminated discharges from the following sources:
(i)
Water line flushing or other potable water sources.
(ii)
Landscape irrigation or lawn watering with potable water.
(iii)
Properly authorized diverted stream flows.
(iv)
Rising ground water.
(v)
Groundwater infiltration to storm drains.
(vi)
Pumped groundwater.
(vii)
Discharges from potable water sources.
(viii)
Air conditioning condensate.
(ix)
Irrigation water.
(x)
Springs.
(xi)
Water from crawl space pumps.
(xii)
Footing drains.
(xiii)
Lawn watering.
(xiv)
Individual residential car washing.
(xv)
Natural riparian habitat or wetland flows.
(xvi)
Swimming pools (if dechlorinated - typically less than one (1) PPM chlorine).
(xvii)
Street wash water.
(xviii)
Firefighting activities.
(2)
Discharges specified in writing by the city as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge if the city has so specified in writing.
(4)
Discharges authorized by the Construction General Permit (CGP):
(i)
Dewatering of collected stormwater and ground water.
(ii)
Wash removal of process materials such as oil, asphalt or concrete is not authorized.
(iii)
Water used to control dust in accordance with CGP.
(iv)
Potable water sources, including waterline flushing, from which chlorine has been removed to the maximum extent practicable.
(v)
Routine external building wash down that does not use detergents or other chemicals.
(vi)
Uncontaminated groundwater or spring water.
(vii)
Foundation or footing drains where flows are not contaminated with pollutants (e.g., process materials such as solvents, heavy metals, etc.)
(c)
Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer 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. This prohibition expressly includes stormwater control measures connected to the system not properly inspected and maintained in accordance with this chapter.
(d)
Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMP's necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed in compliance with the provisions of this section. Discharges from existing SCMs that have not been maintained and/or inspected in accordance with this chapter shall be regarded as illicit.
(e)
Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify Oak Hill in person or by telephone, fax, or email, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to Oak Hill within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
(f)
No illegal dumping allowed. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the city. Such illegal activity exposes runoff to contamination; generating an illicit discharge.
(g)
Violations and penalty. It shall be unlawful for any person to violate or fail to comply with any provision of illicit discharge regulations as herein adopted by reference and modified. Any violation of this chapter may be prosecuted in city court before the administrative hearing officer or in any other court of competent jurisdiction at the election of the city. Violations of this part shall subject the offender to penalties under the general penalty provision of this code or as otherwise authorized by law. Each day a violation is allowed to continue shall constitute a separate offense. Nothing herein shall preclude the city from taking other legal or equitable action to restrain, correct or abate a violation of this chapter.
(Ord. No. O-18-03-01-80, March 2018; Ord. No. 2023-04, Exh. A, 2-27-2024)
Illicit discharges.
(a)
Scope. This section shall apply to all water generated on developed or undeveloped land entering Oak Hill's municipal separate storm sewer system.
(b)
Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. No person shall allow discharges that flow from a stormwater facility that is not inspected in accordance with Tennessee General Permit Stormwater Discharges from Construction Activities section 3.5.8.2. Non-stormwater discharges shall include, but shall not be limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:
(1)
Uncontaminated discharges from the following sources:
(i)
Water line flushing or other potable water sources.
(ii)
Landscape irrigation or lawn watering with potable water.
(iii)
Properly authorized diverted stream flows.
(iv)
Rising ground water.
(v)
Groundwater infiltration to storm drains.
(vi)
Pumped groundwater.
(vii)
Discharges from potable water sources.
(viii)
Air conditioning condensate.
(ix)
Irrigation water.
(x)
Springs.
(xi)
Water from crawl space pumps.
(xii)
Footing drains.
(xiii)
Lawn watering.
(xiv)
Individual residential car washing.
(xv)
Natural riparian habitat or wetland flows.
(xvi)
Swimming pools (if dechlorinated - typically less than one (1) PPM chlorine).
(xvii)
Street wash water.
(xviii)
Firefighting activities.
(2)
Discharges specified in writing by the city as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge if the city has so specified in writing.
(4)
Discharges authorized by the Construction General Permit (CGP):
(i)
Dewatering of collected stormwater and ground water.
(ii)
Wash removal of process materials such as oil, asphalt or concrete is not authorized.
(iii)
Water used to control dust in accordance with CGP.
(iv)
Potable water sources, including waterline flushing, from which chlorine has been removed to the maximum extent practicable.
(v)
Routine external building wash down that does not use detergents or other chemicals.
(vi)
Uncontaminated groundwater or spring water.
(vii)
Foundation or footing drains where flows are not contaminated with pollutants (e.g., process materials such as solvents, heavy metals, etc.)
(c)
Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer 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. This prohibition expressly includes stormwater control measures connected to the system not properly inspected and maintained in accordance with this chapter.
(d)
Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMP's necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed in compliance with the provisions of this section. Discharges from existing SCMs that have not been maintained and/or inspected in accordance with this chapter shall be regarded as illicit.
(e)
Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify Oak Hill in person or by telephone, fax, or email, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to Oak Hill within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
(f)
No illegal dumping allowed. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the city. Such illegal activity exposes runoff to contamination; generating an illicit discharge.
(g)
Violations and penalty. It shall be unlawful for any person to violate or fail to comply with any provision of illicit discharge regulations as herein adopted by reference and modified. Any violation of this chapter may be prosecuted in city court before the administrative hearing officer or in any other court of competent jurisdiction at the election of the city. Violations of this part shall subject the offender to penalties under the general penalty provision of this code or as otherwise authorized by law. Each day a violation is allowed to continue shall constitute a separate offense. Nothing herein shall preclude the city from taking other legal or equitable action to restrain, correct or abate a violation of this chapter.
(Ord. No. O-18-03-01-80, March 2018; Ord. No. 2023-04, Exh. A, 2-27-2024)