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4. . . . <br /> C. The prohibitions set forth in this section shall not apply to any non- <br /> storm water discharge permitted under an NPDES or CDPS permit, waiver, or <br /> Environmental Protection Agency (EPA), provided that the discharger is in full <br /> compliance with all requirements of the permit, waiver, or order and other <br /> D. The prohibitions set forth in this section shall not apply to any <br /> nonstormwater discharge for which an authorization, or formal commitment to <br /> not pursue enforcement actions against under a policy or waste discharge order is <br /> issued and administered under the authority of the CDPHE, provided that the <br /> discharger is in full compliance with all requirements of the policy, or order and <br /> other applicable laws and regulations. <br /> Section 5. Subsection A of Section 13.36.080 of the Louisville Municipal <br /> Code is hereby amended to read as follows (words added are underlined; words deleted <br /> are stricken through): <br /> Sec. 13.36.080. Threatened discharges. <br /> A. It is unlawful to cause materials to be deposited in such a manner <br /> or location as to constitute a threatened discharge into MS4 or waters of the State. <br /> Pollutants that are no longer contained in a pipe, tank or other container are <br /> considered to be threatened discharges and require cleanup unless they are <br /> actively being cleaned up. <br /> Section 6. Subsection C of Section 13.36.090 of the Louisville Municipal <br /> Code is hereby amended to read as follows (words added are underlined; words deleted <br /> are stricken through): <br /> Sec. 13.36.090. Best management practices. <br /> C. Compliance with all terms and conditions of a valid NPDES permit <br /> of CDPS authorizationeing the discharge of storm water associated with industrial <br /> activity, to the extent practicable, shall be deemed compliant with the provisions <br /> of this section. The BMPs of this section shall be part of a stormwater pollution <br /> prevention plan or stormwater management plan as necessary for compliance with <br /> requirements of the NPDES or CDPS permit. <br /> Ordinance No. 1623,Series 2012 <br /> Page 9 of 17 <br />