A. Permit Compliance. The prohibition of discharges shall not apply to any discharge already regulated under an MS4 NPDES permit, total maximum daily load (TMDL), or WPCF-UIC permit issued and administered by the EPA or Oregon Department of Environmental Quality (ODEQ); provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Compliance with an applicable NPDES permit or TMDL governing discharges into the MS4 or with an applicable WPCF-UIC permit or rule authorization governing discharges into the UIC shall be considered compliance with this title.

B. Violation of Stormwater Quality Permits or Regulations. Any discharge that would cause a violation of Bend’s NPDES permit, TMDL, or WPCF-UIC permit and any amendments, revisions or re-issuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and the City shall seek to have such persons defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the permit holder relating to such discharge as provided by applicable rules of law.

C. Owner Responsibility. All persons in charge of a facility are to comply with applicable State and Federal laws including facility personnel, training, training record maintenance, training records, maintenance of notification procedures, and implementation of notification requirements for spill response to assure containment, cleanup, and immediate notification to the owner and operator of the MS4 or UIC. Individuals responsible for spills are to comply with applicable State and Federal notification requirements to assure containment, cleanup, and immediate notification to the owner and operator of the MS4 or UIC. [Ord. NS-2176, 2012]