It is unlawful to discharge, permit to be discharged, or cause to be discharged any sewage, industrial waste, pollutant, garbage, or rubbish into any municipal storm drain system, watercourse, natural outlet, creek, or channel, except in accordance with the provisions of Chapter 14.20.130, or with the terms of a state or federally issued NPDES permit or city stormwater permit. Non-stormwater runoff discharge that is not incidental is prohibited, unless otherwise specified in Section
14.20.130.
(Ord. 4822 § 1, 2010; Ord. 5787 § 10, 2017)
The commencement, conduct, or continuance of any illegal discharge
to the storm drain system is prohibited except as follows:
A. The
following non-storm water discharges are not prohibited provided any
significant sources of pollutants present in the discharges are identified
and appropriate control measures are developed and implemented to
minimize the impacts of such discharges:
2. Individual
residential car washing;
5. Uncontaminated
groundwater infiltration (as defined at 40 CFR Section 35.2005(20))
to separate storm sewers;
6. Uncontaminated
pumped groundwater;
7. Discharges
from potable water sources;
9. Air
conditioning condensation;
11. Water from crawl space pumps;
13. Flows from riparian habitats and wetlands;
14. Dechlorinated swimming pool discharges;
15. Incidental runoff from landscaped areas, and
16. Discharges or flows from fire-fighting activities are excluded from
effective prohibition against non-stormwater and need only be addressed
where they are identified as significant sources of pollutants.
B. The prohibition in Section
14.20.120 shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California or the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that approval has been granted by the city for any discharge to the city's storm drain system. However, this exemption provision does not obviate the need to obtain any other necessary permits for such discharges. Further, if the city or the Regional Board determines that any individual or class of non-stormwater discharge(s) listed above may be a significant source of pollutants to waters of the United States or to the physically interconnected MS4, or poses a threat to water quality standards (beneficial uses), the city may require the discharger to monitor and submit a report and to implement BMPs on the discharge.
C. Any
discharge that the director, enforcement officer, the local health
officer, or the Regional Board determines in writing is necessary
for the protection of public health and safety.
D. With
concurrence of the Regional Board, the city may exempt in writing
other non-stormwater discharges that are not a significant source
of pollutants to the storm drain system or waters of the United States.
(Ord. 4822 § 1, 2010; Ord. 5787 § 11, 2017)
A. Notwithstanding the exemptions provided for in the previous section above, if the Regional Board or the director determines that a discharge that is otherwise exempt from the prohibition on illegal discharges causes or significantly contributes to a violation of any NPDES permit requirement or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue and require elimination of the discharges pursuant to Section
14.20.300.
B. Discharges
in excess of an amount deemed to be incidental runoff shall be controlled.
Parties responsible for controlling runoff in excess of incidental
runoff shall:
1. Detect
leaks (for example, from broken sprinkler heads) and correct the leaks
within 72 hours of learning of the leak;
2. Properly
design and aim sprinkler heads;
3. Not
irrigate during precipitation events; and
4. Manage
ponds containing recycled water such that no discharge occurs unless
the discharge is a result of a 25 year, 24-hour storm event or greater.
In the case of such discharge, the Regional Board is to be notified
by an email sent no later than 24 hours after the discharge that includes
identifying information, including the discharger's name and address.
(Ord. 4822 § 1, 2010; Ord. 5787 § 12, 2017)
No person shall throw, deposit, leave, maintain, keep, or permit
to be thrown, deposited, left, or maintained, in or upon any public
or private property, driveway, parking area, street, alley, sidewalk,
component of the storm drain system, or waters of the United States,
any refuse, rubbish, garbage, litter or other discarded or abandoned
objects, articles, and accumulations, so that the same may cause or
contribute to pollution. Wastes properly deposited in streets in proper
waste receptacles or pursuant to a city sponsored collection program
are exempted from this prohibition.
(Ord. 4822 § 1, 2010; Ord. 5787 § 13, 2017)
It is unlawful for any person subject to an industrial stormwater
NPDES permit, construction stormwater NPDES permit, or city stormwater
permit to violate any conditions of such permit. Proof of compliance
with said permits may be required in a form acceptable to the director
for all industrial stormwater NPDES permit holders, and the city engineer
for all construction stormwater NPDES permit holders, prior to or
as a condition of approval of a subdivision map, site plan, building
permit, or development or redevelopment plan; upon inspection of the
facility; during any enforcement proceeding or action; or for any
other reasonable cause.
(Ord. 4822 § 1, 2010.; Ord. 5787 § 14, 2017)