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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 159
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<br />SECTION 29. STORM SEWER USE
<br />1. Purpose and Intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of
<br />the City of Gem Lake through the regulation of non-storm water discharges to the storm drainage system to the maximum
<br />extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of
<br />pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National
<br />Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:
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<br />1. To regulate the contribution of pollutants to the MS4 by storm water discharges by any user.
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<br />2. To prohibit illicit connections and discharges to the MS4.
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<br />3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures
<br />necessary to ensure compliance with this section.
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<br />2. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and
<br />undeveloped lands unless explicitly exempted by the City of Gem Lake.
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<br />3. Responsibility for Administration. The City of Gem Lake shall administer, implement, and enforce the provisions of this
<br />section. Any powers granted or duties imposed upon the City of Gem Lake may be delegated in writing by the Gem Lake
<br />City Administrator of the City of Gem Lake to persons or entities acting in the beneficial interest of or in the employ of the
<br />City of Gem Lake.
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<br />4. Compatibility with Other Regulations. This section is not intended to modify or repeal any other section, ordinance, rule,
<br />regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other
<br />section, ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions
<br />different from those imposed by any other section, ordinance, rule, regulation, or other provision of law, whichever
<br />provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
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<br />5. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or
<br />paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid,
<br />such invalidity shall not affect the other provisions or application of this ordinance.
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<br />6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards;
<br />therefore this section does not intend or imply that compliance by any person will ensure that there will be no
<br />contamination, pollution, or unauthorized discharge of pollutants.
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<br />7. Discharge Prohibitions.
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<br />1. Prohibition of Illegal Discharge.
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<br />1. No person shall directly or indirectly discharge, cause, or allow others under its control to directly or
<br />indirectly discharge into the MS4 any pollutants or waters containing any pollutants, other than storm
<br />water.
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<br />2. The commencement, conduct or continuance of any illegal discharge to the storm drain system is
<br />prohibited except as described as follows:
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<br />1. The following discharges are exempt from discharge prohibitions established by this section:
<br />water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
<br />uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges
<br />from potable water sources, foundation drains, air conditioning condensation, irrigation w ater,
<br />springs, water from crawl space pumps, footing drains, lawn watering, individual residential car
<br />washing, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges,
<br />and street wash water.
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<br />2. Discharges or flow from firefighting, and other discharges specified in writing by the City of
<br />Gem Lake as being necessary to protect public health and safety.
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<br />3. Discharges associated with dye testing; however this activity requires a verbal notification to the
<br />City of Gem Lake prior to the time of the test.
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