13.26A.025 Discharges into Clark County waters.

A. Prohibited Discharges.

1. It is unlawful for any person to discharge any contaminants, as defined in Section 13.26A.005(C), into the municipal separate storm sewer system (MS4), surface water, stormwater, or groundwater.

2. Illicit Connections. Any connection that could convey anything not composed entirely of surface and stormwater, directly to surface water, stormwater, groundwater or into the county’s municipal separate storm sewer system, is considered an illicit connection and is prohibited with the following exceptions:

a. Connections conveying allowable discharges; or

b. Connections conveying discharges pursuant to an NPDES permit or a state waste discharge permit.

3. Connections to the county storm sewer system made in violation of county stormwater and erosion control standards are a prohibited discharge.

B. Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the responsible official determines that the type of discharge, whether singly or in combination with others, is causing significant contamination of surface and stormwater or groundwater:

1. Uncontaminated water from crawl space pumps or footing drains;

2. Lawn watering;

3. Street and sidewalk wash water, water used to control dust, and building washdown that does not include detergents or pollutants;

4. Swimming pool water if dechlorinated to a concentration of 0.1 parts per million or less, pH adjusted and controlled to prevent erosion and sediment transport. Water temperature shall be controlled to minimize impact to receiving waters. Wastewater and filter backwash are not allowable;

5. Materials placed as part of an approved habitat restoration or bank stabilization project;

6. Air conditioning condensate;

7. Flows from riparian habitats and wetlands;

8. Springs;

9. Diverted stream flows;

10. Rising groundwaters;

11. Uncontaminated groundwater infiltration (as defined at CFR 35.2005(20));

12. Uncontaminated pumped groundwater;

13. Foundation drains;

14. Footing drains;

15. Irrigation water from agricultural sources that is commingled with urban stormwater;

16. Potable water sources if dechlorinated to a concentration of 0.1 parts per million or less, pH adjusted and controlled to prevent erosion and sediment transport;

17. Discharges from emergency fire-fighting activities; and

18. Nonstormwater discharges authorized by another NPDES permit or state waste discharge permit.

C. Exceptions.

1. Dye testing is allowable but requires notification to the responsible official at least one (1) day prior to the date of test. Clark County or a sewer service purveyor is exempt from this requirement.

2. If a person has properly designed, constructed, implemented and is properly maintaining BMPs, and is carrying out AKART as required by this chapter or through another federal or state regulatory or resource management program, and contaminants continue to enter surface and stormwater or groundwater, then that person shall not be in violation of Section 13.26A.025(A).

3. If a person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of Section 13.26A.025(A).

4. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, shall be exempt from this section. The responsible official may specify actions that qualify for this exception in county procedures. The person responsible for emergency response activities should take steps to ensure that the discharges resulting from such activities are minimized to the greatest extent possible. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Exh. A of Ord. 1998-11-17; amended by Sec. 3 (Exh. B) of Ord. 2000-07-34; amended by Sec. 3 (Exh. 2) of Ord. 2009-01-01; amended by Sec. 1 (Att. A § 2) of Ord. 2011-08-08; amended by Sec. 6 of Ord. 2015-11-24; amended by Sec. 2 of Ord. 2021-06-02)