A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 230-5A. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this part, unless the Department or the Town has determined them
to be substantial contributors of pollutants: waterline flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; uncontaminated
groundwater infiltration to storm drains; uncontaminated pumped groundwater;
foundation or footing drains; crawl space or basement sump pumps;
air-conditioning condensate; irrigation water; springs; water from
individual residential car washing; natural riparian habitat or wetland
flows; dechlorinated swimming pool discharges; residential street
wash water; water from fire-fighting activities; and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this part.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this part if the person
connects a line conveying sewage to the Town's MS4 or allows
such a connection to continue.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Town's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.
Contamination of off-site groundwater.
B.
Such activities include failing individual sewage treatment systems as defined in § 230-6, improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Town's MS4 SPDES
permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or
contributes to violations of the Town's MS4 SPDES permit authorization.
