Illicit Discharge Detection & Elimination (IDDE)

Millcreek Code regarding illicit discharge

17.22.130 Illicit Discharges

1. This section shall apply to all water generated on developed or undeveloped land entering the city's separate storm sewer system.
2. No person shall introduce or cause to be introduced into the city storm sewer system whether by spill, leak, illegal dumping, sanitary sewer overflow or any other type of release, any discharge that is not composed entirely of uncontaminated stormwater. The commencement, conduct or continuance of any non-stormwater discharge to the city and/or county storm sewer system is prohibited. Any person found in violation of this ordinance shall be required to immediately cease, remove, and remediate such improper discharges.
3. The following non-storm water discharges are an exception to subsection B, unless City or State identifies these discharges as significant sources or pollutants to Waters of the State or as causing or contributing to a violation of water quality standards:
   1. Discharges from the following:
      1. Water line flushing;
      2. Landscape irrigation;
      3. Diverted stream flows;
      4. Rising ground waters;
      5. Uncontaminated ground water infiltration (as defined at 40 C.F.R. 35.2005(2)) to separate storm sewers;
      6. Uncontaminated pumped groundwater; 
      7. Discharges from potable water sources;
      8. Uncontaminated footing/foundation drains;
      9. Air conditioning condensate;
      10. Irrigation water;
      11. Springs;
      12. Uncontaminated water from crawl space pumps;
      13. Individual residential car washing;
      14. Flows from riparian habitats and wetlands; 
      15. Dechlorinated swimming pool discharges;
      16. Residential street wash water;
      17. Dechlorinated water reservoir discharges;
      18. Discharges or flows from emergency firefighting activity.
   2. Discharges specified in writing by the Public Works Director or designee as being necessary to protect public health and safety.
   3. Dye testing is an allowable discharge if the Public Works Director or designee has so specified in writing.
   4. The prohibition shall not apply to any non-storm water discharge permitted under an UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the state division of water quality, provided 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 storm drain system. 

HISTORY
Amended by Ord. 19-19 on 5/28/2019

17.22.140 Illicit Connections

1. The construction, use, maintenance or continued existence of illicit connections to the separate city storm sewer system 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, or made before the effective date of this ordinance.

17.22.150 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 BMPs necessary to prevent the further discharge of pollutants to the city and/or county storm sewer system. Compliance with all terms and conditions of a valid National Pollutant Discharge Elimination System permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

HISTORY
Amended by Ord. 19-19 on 5/28/2019

17.22.160 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 likely to result in the illicit discharges or pollutants into the city storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of the release. In the event of such a release of hazardous materials the person shall immediately notify applicable emergency response agencies of the occurrence. In the event of a release of non-hazardous materials, the person shall notify the Public Works Director or designee no later than the next business day. 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, the notices given, and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.