a. Where BMPs are promulgated by the city or any federal, state or regional agency for any specific activity, operation, or facility which would otherwise cause the discharge of pollutants to the city's MS4, waters of the state or waters of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements. Compliance with such BMPs shall be deemed compliance with the provisions of this article.
b. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with construction and/or industrial activity shall be deemed compliance with the provisions of this section.
(b) Responsibility to implement best management practices. Except as set forth herein, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4, waters of the state or the waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants.
The owner or operator of a commercial, industrial or high risk facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.