A. 
The unauthorized discharge of a pollutant into the storm drain system is unlawful and prohibited. All discharges of material other than stormwater shall comply with the Phase II Stormwater Permit or any other NPDES permit issued by the State of California. A discharger operating under an NPDES permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency must comply with all requirements of the permit and other applicable laws or regulations.
B. 
Unless in full compliance with a discharge permit, it is unlawful to and no person shall:
1. 
Construct, use, maintain, operate or continue to utilize an illicit connection to a storm drain or watercourse. This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of the ordinance codified in this Division 5, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
2. 
Cause, allow, or facilitate the continuing existence of an illicit discharge to a storm drain or watercourse.
a. 
Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging, or cleanup and abate such a discharge as directed by the Administrator.
b. 
Any person responsible for an illicit connection shall promptly remove the connection as directed by the Administrator.
c. 
The Town may perform clean-up and abatement work and recover its costs from the responsible person as provided in Section 13.136.010.
3. 
Act, cause, or permit any agent, employee, or contractor to construct, maintain, operate or utilize an illicit connection, or cause, allow or facilitate an illicit discharge.
4. 
Use the Town's storm drain system for the discharge or disposal of wastes (including, but not limited to yard trimmings, cut grass, or paint clean-up).
5. 
Block or modify the natural flow of water in the Town's storm drain system, or alter, enlarge, change or remove any part of the Town's storm drain system.
6. 
Place any loose or unconsolidated material along the side of or within the storm drain system, or placed so close to the side of a storm drain system channel or facility as to cause a diversion of flow, or to create a reasonable probability such material will be removed by or transported by stormwaters passing through the storm drain system.
7. 
Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, kept, or maintained, in or upon any public or private driveway, parking area, street, alley, sidewalk, or component of the storm drain system, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles and accumulations, so that the same may cause or contribute to a pollutant entering the storm drain system or watercourse.
C. 
Any owner, occupant, or operator of any private property, who fails to remove pollutants within a reasonable time, as determined by the Administrator, may be charged with a violation of this section.
D. 
It is unlawful to, and no person shall, fail to take every reasonable step, consistent with, or as set forth in, an Administrator-approved individualized BMPs manual, or if none, the written standardized Town BMPs manual on file with the Public Works Department, to reduce to the maximum extent practicable the discharge of stormwater containing any pollutant.
E. 
It is unlawful to, and no person shall, engage in any activity which will, or may, result in a pollutant or pollutants entering the storm drain system or watercourses, unless, after notice from the Town, all practicable measures to reduce such pollutants have been undertaken.
F. 
It is unlawful for an owner of real property (or its successors or assigns) subject to, or a named responsible party in, a Town-approved Stormwater Control Plan or Erosion and Sediment Control Plan to fail to implement and adhere to the terms, conditions, and requirements of such a plan.
G. 
Any person(s) or entities responsible for a discharge shall be liable for said discharge. Such person(s) or entities shall defend, indemnify and hold harmless the Town in any administrative or judicial enforcement action relating to such discharge.
H. 
Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection A of this section:
1. 
Discharges regulated under another NPDES permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.
2. 
Discharges or flows from fire-fighting activities unless they are identified as significant sources of pollutants to waters of the United States.
3. 
Discharges from the following activities, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented:
a. 
Water line flushing and other discharges from potable water sources;
b. 
Diverted stream flows;
c. 
Rising groundwater;
d. 
Infiltration to storm drains;
e. 
Uncontaminated ground water infiltration (as defined at 40 C.F.R. Section 35.2005(20)) to separate storm sewers;
f. 
Uncontaminated pumped groundwater;
g. 
Foundation and footing drains;
h. 
Water from crawl space pumps;
i. 
Air conditioning condensation;
j. 
Springs;
k. 
Individual residential car washing;
l. 
Footing drains;
m. 
Flows from riparian habitats and wetlands;
n. 
Dechlorinated swimming pool discharges; and
o. 
Incidental irrigation runoff from landscaped areas, provided the conditions in subsection (H)(4) are met.
4. 
Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by:
a. 
Detecting leaks and correcting from the irrigation system within 72 hours of discovering the leak.
b. 
Properly designing and aiming sprinkler heads to only irrigate the planned application area.
c. 
Not irrigating during precipitation events.
d. 
Where recycled water is used for irrigation, designing and managing holding ponds to such that no discharge occurs unless it is the result of the 25-year-24-hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the Town within 24 hours of the discharge.
(Ord. 318-01; Ord. 15-434)