§ 86A-5. Discharge prohibitions; exceptions.

A. 

Stormwater runoff, natural drainage, or any means of stormwater conveyance shall not be diverted to other private or public real property, unless previously approved by an authorized body.

B. 

Prohibition of illegal discharges. No person or constructed system shall discharge or cause to be discharged into the MS4 any materials other than stormwater, except as provided herein. The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited except as described herein.

C. 

Exceptions to discharge prohibitions. The following discharges are exempt from discharge prohibitions established by this chapter, unless the discharges are determined to be substantial contributors of pollutants:

(1) 

Water line 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, chlorine-free 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, as approved in writing by the SMO.

(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 chapter.

(3) 

Dye testing in compliance with applicable state and local laws, provided the SMO receives written notification of the test location and duration 48 hours prior to the discharge.

(4) 

Discharge authorized pursuant to a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.