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(1) Illicit Discharges. It is unlawful for any person to cause or allow the discharge into a water body or storm drainage system, either directly or indirectly, of any substance not comprised entirely of storm water or an exempted discharge listed in Subsection (2) of this Section.

(2) Exempted Discharges. The following non-storm-water discharges shall be permissible; provided, that they do not result in a violation of water quality standards set forth by the State of Utah and/or Federal agencies:

(a) Discharges regulated under a valid Utah Pollutant Discharge Elimination System (UPDES) discharge permit; provided, that the discharge complies with the terms of the permit.

(b) Discharges from water line flushing.

(c) Discharges from landscape or lawn watering.

(d) Uncontaminated ground water.

(e) Uncontaminated irrigation water.

(f) Discharges from natural riparian habitat or wetland flows.

(g) Discharges from air conditioning condensate.

(h) Discharges or flows from emergency management or firefighting activities.

(i) Discharges from foundation drains, footing drains, or crawlspace or basement pumps; provided, that the discharge is approved by the Public Works Director or the Director’s designee.

(j) Discharges resulting from municipal infrastructure management, including street wash water, storm drainage system jetting, hydrant flushing and/or testing, etc.

(3) Accidental Discharges. Any person who accidentally discharges into a water body or storm drainage system shall immediately inform the Public Works Director or the Director’s designee of the discharge. If such information is given orally, a written report concerning the discharge is to be submitted by the discharger to the Public Works Director, or the Director’s designee, within ten (10) days of the discharge. The written report shall specify:

(a) The composition of the discharge and the cause thereof.

(b) The exact date, time and estimated volume of the discharge.

(c) All measures taken to clean up the accidental discharge.

(d) Proposed measures to be taken to prevent any recurrence.

(e) The name and contact information of the person making the report.

A properly reported accidental discharge shall be considered an affirmative defense to a civil infraction of this Title; however, it shall not be a defense to legal action brought to obtain an injunction, to recover costs, or to obtain other relief from any adversities resulting from the discharge. A discharge shall be considered properly reported only if the discharger complies with all requirements of this Section.

(Enacted 2014-21, Am 2019-66, Am 2021-27)