14.10.060 Prohibition of illicit discharges
A. No person shall discharge or cause to be discharged into the public stormwater drainage, groundwater and surface water system, UICs, or waterways any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of DEQ and/or other applicable water quality standards, other than stormwater. Pollutants include, but are not limited to:
1. Septic, sewage, and dumping or disposal of liquids or materials other than stormwater into the MS4;
2. Discharges of washwater resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility, including motor vehicles, cement-related equipment, and port-a-potty servicing, etc.;
4. Discharges of washwater from mobile operations, such as mobile automobile or truck washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Discharges of washwater from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial, or residential areas (including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.) where detergents are used and spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed);
6. Discharges of runoff from material storage areas, which contain chemicals, fuels, grease, oil, or other hazardous materials from material storage areas;
7. Discharges of pool or fountain water containing chlorine, biocides, filter backwash water or other chemicals;
8. Discharges of sediment, unhardened concrete, pet waste, vegetation clippings, or other landscape or construction-related wastes;
9. Discharges of trash, paints, stains, resins, or other household hazardous wastes;
10. Discharges of food-related wastes (grease, restaurant kitchen material and trash bin washwater, etc.).
B. Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the state when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illicit discharges under the Clean Water Act, Oregon Revised Statutes, Oregon Administrative Rules or this chapter:
1. Uncontaminated water line flushing.
2. Landscape irrigation. For permit registrant owned or operated areas landscape irrigation will be considered allowable only if pesticides and fertilizers are applied in accordance with manufacturer’s instructions.
3. Diverted stream flows.
4. Uncontaminated groundwater infiltration (as defined at 40 CFR § 35.2005(20)) to separate storm sewers.
5. Rising groundwaters.
6. Uncontaminated pumped ground water.
7. Potable water sources (including potable groundwater monitoring wells and draining and flushing of municipal potable water storage reservoirs).
8. Start up flushing of groundwater wells.
9. Foundation, footing and crawlspace drains (where flows are not contaminated [i.e., process materials or other pollutant]).
10. Uncontaminated air conditioning or compressor condensate.
11. Irrigation water.
12. Springs.
13. Lawn watering.
14. Individual residential car washing.
15. Charity car washing (provided that chemicals, soaps, detergents, steam or heated water are not used. Washing is restricted to the outside of the vehicle, no engines, transmissions or undercarriages).
16. Flows from riparian habitats and wetlands.
17. Dechlorinated swimming pool discharges including hot tubs (heated water must be cooled for at least twelve (12) hours prior to discharge).
18. Fire hydrant flushing.
19. Street and pavement washwaters (provided that chemicals, soaps, detergents, steam or heated water are not used).
20. Routine external building wash-down (provided that chemicals, soaps, detergents, steam or heated water are not used).
21. Water associated with dye testing activity.
22. Discharges of treated water from investigation, removal and remedial actions selected or approved by DEQ pursuant to Oregon Revised Statutes (ORS) Chapter 465.
C. The prohibition set forth in subsection A of this section shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the Oregon Department of Environmental Quality under the authority of the Federal Environmental Protection Agency; 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 the City of Ashland has granted written approval for any discharge to the public storm drainage and surface water system. (Ord. 3223, added, 07/18/2023)