Chapter 13.80 - ILLICIT DISCHARGES AND CONNECTIONS

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Footnotes:

--- (5) --- Editor's note— Ord. No. 2019-05, § I, adopted Apr. 3, 2019, repealed the former Ch. 13.80, §§ 13.80.010—13.80.210, and enacted a new Ch. 13.80 as set out herein. The former Ch. 13.80 pertained to similar subject matter and derived from Ord. No. 2010-02, adopted Jan. 13, 2010; and Ord. No. 2013-18, adopted Dec. 5, 2013.

13.80.010 - Purpose/intent.#

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the storm drainage system to the MEP as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the MS4to comply with requirements of the NPDES Permit process. The objectives of this chapter are: 1.

To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.

To prohibit illicit connections and discharges to the MS4.

To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.020 - Definitions.#

For the purposes of this chapter, the definitions in Section 13.76.020 apply.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.030 - Applicability.#

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agent.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.040 - Responsibility for administration.#

City, county, state, and federal authorities (as defined as "authorized enforcement agent") shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city may be delegated in writing by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.050 - Severability.#

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.060 - Ultimate Responsibility.#

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance with these standards by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.070 - Discharge prohibitions.#

Prohibition of Illegal Discharges. All persons are prohibited from discharging or causing to be discharged into the MS4 or watercourses any materials, including but not limited to pollutants or waters containing any pollutants, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited, except as described as follows:

Water line flushing or other potable water sources;

Landscape irrigation or lawn watering;

Diverted stream flows;

Rising groundwater;

Groundwater infiltration to storm drains;

Uncontaminated springs or pumped groundwater;

Foundation or footing drains;

Crawl space pumps or air conditioning condensation;

Lawn watering runoff;

10.

Individual residential car washing;

11.

Swimming pools (if dechlorinated typically less than one PPM chlorine);

12.

Residential street wash water;

13.

Dechlorinated water reservoir discharges;

14.

Dye-testing, if verbal notification is provided to the authorized enforcement agent prior to the time of testing; and

15.

Emergency fire fighting activities or discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

The prohibition does not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered 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 written approval has been granted for any discharge to the storm drain system.

Sanitary sewer overflows are expressly prohibited from entering the MS4, and must be immediately reported to the city engineer or other authorized enforcement agent. Removal and clean-up of such overflows must be immediately undertaken when they occur.

Prohibition of Illicit Connections.

The construction, use, maintenance, or continued existence of Illicit Connections to the storm drain system is prohibited.

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.

A Person violates this chapter if having ownership or control over a sewage line, such sewage line conveys or discharges sewage into the MS4.

(Ord. No. 2019-05, § I, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)

13.80.080 - Suspension of MS4 Access.#

Suspension Due to Illicit Discharges in Emergency Situations. The city may, without prior notice, suspend ms4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agent may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agent shall notify a violator of the proposed termination of its MS4 access. Pursuant to South Salt Lake City Ordinance 2.22, the violator may appeal the proposed termination of its MS4 access.

Unauthorized Reinstatement. A person violates this chapter if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agent.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.090 - Industrial or Construction Activity Discharges.#

Any person subject to a state industrial or construction general permit shall comply with all provisions of such permit. Industrial and high-risk users are subject to inspections and reporting requirements, as provided in the city's SWMP. Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the MS4.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.100 - Monitoring of Discharges.#

Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

Access to Commercial and Industrial Facilities.

Facility operators shall permit the authorized enforcement agent to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.

Facility operators shall allow the authorized enforcement agent ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

An authorized enforcement agent may set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agent to conduct monitoring and/or sampling of the facility's stormwater discharge.

An authorized enforcement agent may require the discharger to install monitoring equipment as necessary. The discharger shall maintain the facility's sampling and monitoring equipment at all times in a safe and proper operating condition at its own expense. The discharger shall calibrate all devices used to measure stormwater flow and quality to ensure their accuracy.

At the request of an authorized enforcement agent, the operator shall promptly remove and not replace any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled. The operator shall bear the costs of clearing such access.

Unreasonable delays in allowing an authorized enforcement agent access to a permitted facility is a violation of this chapter. The operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the operator denies the authorized enforcement agent reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

If the authorized enforcement agent has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate probable cause to believe that there may be a violation of this chapter; that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder; or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agent may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.110 - Requirement to prevent, control, and reduce storm water pollutants by use of best management practices.#

The owner or operator of a commercial or industrial facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. The owner or operator shall bear the expense of all maintenance and annual inspections of BMPs.

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 that person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.

Compliance with all terms and conditions of a valid industrial general permit, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a SWPP as necessary for compliance with requirements of the NPDES Permit.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.120 - Watercourse protection.#

Every person owning, licensing, or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner, licensee, or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not compromise the use, function, or physical integrity of the watercourse.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.130 - Notification of spills.#

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for the emergency response of that facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. in the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agent in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the phone notice. 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 and the actions taken to prevent its recurrence. Such records shall be retained for at least five years and provided to the authorized agent upon request.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.140 - Enforcement.#

Enforcement Actions. Whenever the city engineer, in consultation with the city attorney, has reason to believe that a person has violated or is violating a prohibition or failed to meet a requirement of this chapter the city may pursue any and all remedies under the law to obtain compliance.

Each Day a Separate Offense. Any person found responsible in a civil proceeding of violating any provision of this chapter shall be deemed responsible for a separate violation of this ordinance for each day during which any violation of any of the ordinance is committed, continued, or permitted, and may be fined a maximum of one thousand dollars ($1,000.00) for each of those violations.

Culpability of Responsible Person. When imposing fines, the city shall take into consideration whether the act was committed intentionally, knowingly, or recklessly as opposed to negligently. violation, this shall constitute prima facie evidence that further violations or the continuation of the violation are committed Intentionally.

Increased Penalty for Discharge of Hazardous Materials. A person who discharges hazardous materials in violation of this chapter, regardless of whether that act was committed intentionally, knowingly, recklessly, or negligently, shall be subject to higher fines than one who discharges pollutants that are not considered hazardous materials, due to the added harm that hazardous materials contribute to the environment and the city's added expense of monitoring and abating those discharges.

Increased Penalty for Repeat Offenders. A person who violates a provision of this chapter is subject to higher penalties if that person has been found to have violated a provision of this chapter within the previous three years. For purposes of this section, a previous violation includes an uncontested civil citation, an order from the administrative court upholding a citation or notice of violation, or a criminal conviction.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.150 - Criminal prosecution.#

Any person that has intentionally, knowingly, recklessly, or negligently violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be guilty of a class B misdemeanor. The city may recover all attorney fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.160 - Notice of violation and summons.#

Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. such notice may require without limitation:

The performance of monitoring, analyses, and reporting;

An order to eliminate illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist;

Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

Imposition of fines and fees to cover administrative and remediation costs; and

Requirement to implement control measures, including but not limited to treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

The notice of violation and summons shall be issued in accordance with the provisions of Section 8.14.310 of this ordinance, and served in accordance with Section 8.14.120 of this ordinance.

When a person has been served with a notice of violation and summons, that person shall be directed to attend a hearing before the city's administrative law judge to make final administrative determinations. The administrative law judge has authority to assess civil fines and order abatement of the violation, as provided in Chapter 2.22 of this ordinance. Fines shall be in the amount established in the consolidated fee schedule.

When a responsible person who, after receiving notification of an administrative hearing as provided in this section, fails to appear at the hearing, the administrative law judge shall accept evidence in that person's absence. If the administrative law judge upholds the violation alleged in the notice of violation and summons, the administrative law judge shall enter an administrative order requiring the action demanded in the city's notice of violation and summons, shall assess fines and fees, and may grant the city authority to enter the property to abate the violation if the responsible person fails to do so by the deadline established in the notice of violation and summons.

If the city abates a violation, it shall comply with the provisions of Sections 8.14.360 and 8.14.380 of this ordinance, as well as any applicable state laws relating to filing liens or garnishments upon the abated property.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.162 - Emergency abatement on private property.#

If the authorized enforcement agent determines that a discharge from private property, which requires entry onto the property to stop the discharge, constitutes an imminent threat to the health or safety of the community, he may take immediate action to abate the violation.

13.80.170 - Administrative citation.#

Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may issue an administrative citation.

The administrative citation shall comply with the content and notice provisions of Sections 8.14.210 and 8.14.120, respectively.

Civil fees are due and payable immediately upon service of the administrative citation, and the provisions of Section 8.14.220 shall apply to administrative citations issued under this chapter. Fines shall be in the amount established in the consolidated fee schedule.

A responsible person that has received an administrative citation shall have the right to contest the citation at an administrative hearing. A request for hearing shall comply with Section 2.22.040 of this ordinance. The failure to request an administrative hearing shall constitute a waiver of the right to a hearing and a waiver of the right of appeal.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.180 - Injunctive relief.#

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.190 - Compensatory action.#

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may require a responsible person to perform alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.200 - Violations deemed a public nuisance.#

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. No. 2019-05, § I, 4-3-2019)

13.80.210 - Remedies not exclusive.#

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city to seek cumulative remedies.

(Ord. No. 2019-05, § I, 4-3-2019)