17.39.040 Prohibited Discharges.

City Code Section

(Amended by Ordinance 186403, effective February 1, 2014.) 

  1. The following discharges to the City’s storm sewer and drainage system are prohibited:
  2. A.  Any discharge in violation of the conditions of the discharger’s NPDES or other permit or authorization.
  3. B.  Any discharge that is intentionally routed to City UIC systems.
  4. C.  Any discharge with any of the following characteristics or materials:
    1. 1.  A pH outside the range of applicable water quality standards in OAR Division 340-041;
    2. 2.  A visible sheen;
    3. 3.  A visible discoloration including, but not limited to, those attributable to dyes and inks, except for non-toxic dyes used or approved by the City to investigate the potential source of an illicit connection;
    4. 4.  Heat that could damage or interfere with any element of the City’s storm sewer and drainage system or that causes or contributes to a violation of the receiving-water temperature standards;
    5. 5.  Toxic substances at concentrations that cause or contribute to violations of in-stream water quality standards set by DEQ or that exceed remedial action goals defined in a DEQ or EPA Record of Decision for the protection of surface water or sediment;
    6. 6.  Refuse, rubbish, garbage, discarded or abandoned objects, articles, or accumulations of discharges that contain visible floating solids;
    7. 7.  A process wastewater, unless authorized to discharge under a DEQ permit;
    8. 8.  A volume that causes or contributes to an exceedance of the planned capacity of the storm sewer and drainage system, as established by the Director;
    9. 9.  Liquids, solids, or gases which, either alone or by interaction, could cause a fire or an explosion including:  waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius (using test methods described by 40 CFR 261.21); or discharges which cause the atmosphere in any portion of the City’s storm sewer and drainage system to reach a concentration of 10 percent or more of the Lower Explosive Limit per National Institute for Occupational Safety and Health standards;
    10. 10.  A substance that causes or may cause a nuisance, hazard, interference, obstruction or damage to the City’s storm sewer and drainage system, City personnel, the general public, receiving waters, or associated sediments; or
    11. 11.  Any substance that causes or contributes to a violation of the terms of the City’s NPDES MS4 Discharge Permit or Water Pollution Control Facility (WPCF) for Class V UIC Permit or in-stream water quality standards set by the State of Oregon.
  5. D.  Existing Discharges.  Dischargers found to violate Section 17.39.040 may be required to obtain a BES discharge permit or authorization or the discharge may be terminated regardless of past acceptance by the City.