Prior ordinance history: Prior Ord. Nos. 93-30, 11-17-93 and 2000-38, 12-13-00.
(a) 
The purpose of this article is to ensure the health, safety, and general welfare of the citizens of the city by controlling non-stormwater discharges to a MS4; eliminating discharges to a MS4 from spills, dumping, or disposal of solid or liquid waste other than stormwater; and preventing, eliminating, or reducing pollutants in urban stormwater discharges to the maximum extent practicable.
(b) 
The intent of this article is to protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Act and the Order, and other water quality regulations including the Regional MS4 Permit issued by the RWQCB.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
(a) 
The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) 
The director may require the user to install monitoring equipment as necessary. The sampling and monitoring equipment at the premises shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated appropriately so as to ensure their accuracy.
(4) 
Any temporary or permanent obstruction to safe and easy access to the premises to be inspected or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) 
Unreasonable delays in allowing the director access to the user's premises shall be a violation of this chapter.
(b) 
If the director has been refused access to the premises, including any building, structure, or property, or any part thereof, and are able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling procedures of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the director may seek issuance of a search warrant from the Superior Court.
(Ord. No. 2021-16, § 3, 10-27-21)
This article shall be interpreted to assure consistency with the requirements of applicable federal and state laws, regulations, orders, and permits, and with the purposes and intent of this article.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
Except as provided in section 22-23 of this chapter, it is unlawful for any person to cause, either individually or jointly, any discharge of any substance or material to a MS4 that results in or contributes to a violation of this chapter, including, but not limited to:
(a) 
Sewage;
(b) 
Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive service establishments;
(c) 
Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility, including, but not limited to, motor vehicles, cement-related equipment, and porta-potty servicing;
(d) 
Discharges of wash water from mobile operations, including, but not limited to, mobile automobile washing, steam cleaning, power washing, and carpet cleaning;
(e) 
Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial, or residential areas, including, but not limited to, parking lots, streets, sidewalks, driveways, patios, plazas, work yards, and outdoor eating and drinking areas;
(f) 
Discharges or runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials;
(g) 
Discharges of pool or fountain water containing chlorine, biocides, or other chemicals or pH levels that have not been neutralized, including, but not limited to, discharges of pool filter or fountain filter backwash water;
(h) 
Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes;
(i) 
Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water); and
(j) 
Discharges of potable irrigation runoff or overspray water.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
The following discharges are exempt from the prohibition set forth in section 22-22 of this chapter:
(a) 
Stormwater;
(b) 
Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Division 7 of the California Water Code, provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations;
(c) 
Discharges from the following activities that are not identified by the RWQCB as a source of pollutants to receiving waters:
(1) 
Diverted stream flows,
(2) 
Rising ground waters,
(3) 
Uncontaminated groundwater infiltration to MS4s,
(4) 
Springs,
(5) 
Flows from riparian habitats and wetlands,
(6) 
Potable water sources,
(7) 
Foundation drains, and
(8) 
Footing drains.
(d) 
Discharges from the following activities when the controls listed below are implemented:
(1) 
Air conditioning condensation. Condensation discharges should be directed to landscaped areas or other pervious surfaces,
(2) 
Individual residential vehicle washing. Discharge of wash water should be directed to landscaped areas or other pervious surfaces when feasible. The volume of water, washing detergent, and other vehicle wash products should be minimized. Any other practices that will prevent the discharge of pollutants from residential vehicle washing are encouraged,
(3) 
Dechlorinated swimming pool discharges. Discharges from a dechlorinated swimming pool to a MS4 that are pH-neutralized and are free from residual chlorine, algaecide, filter backwash, and other pollutants. Discharge of saline pool water to the MS4 is prohibited and must be directed to sanitary sewer, with desalination and notification to the city required prior to the discharge,
(4) 
Flows from emergency firefighting:
(A) 
Non-emergency firefighting discharges must be addressed by appropriate BMPs to prevent pollutants associated with such discharges to enter a MS4;
(B) 
During emergency situations, BMPs should not interfere with immediate emergency response operations or impact the public health and safety. Priority of efforts should first be directed toward life and property before the environment;
(e) 
Any discharge that the director or the RWQCB determines in writing is necessary for the protection of the public health and safety;
(f) 
Notwithstanding the exemptions provided by subsections (a) through (d), if the RWQCB or director determines that any of these otherwise-exempt discharges cause or significantly contribute to violations of any plan standard, convey significant quantities of pollutants to surface waters, or are a danger to public health or safety, such discharges shall be prohibited from entering a MS4.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
It is unlawful for any person to cause either individually or jointly any discharge to the MS4 that results in or contributes to a violation of the Order.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
It is unlawful for any person to establish, use, or maintain any illegal connection to a MS4. This section expressly supersedes any city permit or earlier authorization for a discharge, but is subject to the exceptive provisions of section 22-23 of this code.
(Ord. No. 200-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
Any person engaged in activities that may result in pollutants entering a MS4 shall, to the maximum extent practicable, undertake all measures to reduce the risk of non-stormwater or pollutant discharges. At the discretion of the director, the following requirements shall be applied to any persons engaged in such activities:
(a) 
SWPPP. The director shall require any business in the city that is engaged in activities that may result in pollutant discharges to develop and implement a SWPPP, which must include an employee training program. Business activities that require a SWPPP include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures that are carried out partially or wholly outdoors.
(b) 
Parking lots and impervious surface. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those surfaces frequently and thoroughly to prevent the discharge of pollutants to a MS4 to the maximum extent practicable. Sweepings or cleaning residue from parking lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any gutter or roadway.
(c) 
Street parking. No person shall stand or park any vehicle or equipment on any public street if such vehicle or equipment is determined to be leaking oils or other fluids that contribute or have the potential to contribute to a discharge of pollutants to a MS4 or the receiving waters.
(d) 
Trash areas.
(1) 
Trash, recycling, and organic waste storage areas shall be located in a roofed, four sided enclosure. The enclosure may not include any storm drain inlets. These storage facilities must have a grade-break at the entrance or be otherwise designed to prevent liquids draining from the enclosure.
(2) 
Trash areas shall be kept free of debris and liquid waste at all times. Trash dumpster container lids shall remain closed when not actively in use.
(3) 
Properties with existing trash areas without a roofed, four sided enclosure may be required to install such enclosure following the receipt of a stormwater violation notice.
(e) 
New developments and redevelopments. Any person performing construction work in the city shall, to the maximum extent practicable, prevent pollutants from entering a MS4 by complying with all applicable local ordinances and provisions of any general construction NPDES Permit issued by the State Water Resources Control Board. The director shall establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be reasonably necessary to minimize the discharge and transport of pollutants. Any person performing construction work in the city is specifically prohibited from Discharging retained storm water with turbidity in excess of 500 nephelometric turbidity units (NTU) from the construction site.
(f) 
Compliance with general permits. Each industrial discharger, discharger associated with construction activity, or other discharger subject to any general stormwater NPDES permit issued by the EPA, the State Water Resources Control Board, or the RWQCB, shall comply with all requirements of such permit, which may include, but is not limited to, the general industrial stormwater permit, the general construction activity stormwater permit, and the general dewatering permit.
(g) 
Coordination with hazardous materials release response plans and inventory. Any activity subject to the hazardous materials release response plan, Chapter 6.95 of the California Health and Safety Code, shall include in that plan provisions for compliance with this section, including the prohibitions on non-stormwater discharges and illegal discharges, and the requirement to reduce release of pollutants to the maximum extent practicable.
(h) 
Compliance with BMPs. Every person undertaking any activity or use of a premises that may cause or contribute to stormwater pollution or contamination, an Illegal discharge, or a non-stormwater discharge shall comply with BMPs, guidelines, or pollution control requirements as may be reasonably established by the director.
(i) 
Maintenance of structural BMPs for function and appearance. Property owners with structural BMPs shall maintain those BMPs associated with their property and its development.
(j) 
Grading, demolition, ground clearing, stockpiling. All work shall be done in accordance with the requirements of this code and any permits required by the city or other applicable agencies.
(k) 
Ground surface landscape preservation. No person shall remove ground surface landscaping that could result in erosion without installation of BMPs such as pollution control measures.
(l) 
All stored liquid waste or bulk storage of new liquid products shall be stored under cover and have secondary containment.
(m) 
Compliance with the City of Escondido Stormwater Design Manual and Jurisdictional Runoff Management Program. Every person undertaking any activity or use of a premises that may cause or contribute to stormwater pollution or contamination, an illegal discharge, or a non-stormwater discharge shall comply with design, reporting, certification, and other requirements set forth in the city's Stormwater Design Manual and Jurisdictional Runoff Management Program as if fully set forth herein. The director may administratively interpret and apply any requirements consistent with industry practice.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2018-01 § 6, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
Any person owning or occupying a premises who has knowledge of any release of pollutants or non-stormwater from those premises that may enter a MS4 shall immediately take all reasonable action to contain the release and minimize any non-stormwater discharge. Such Person shall notify the city as soon as practical.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-1; Ord. No. 2021-16, § 3, 10-27-21)
Every person owning or occupying property through which a private or public watercourse passes shall:
(a) 
Keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or block the flow of water through the drainage feature in a manner that may cause flooding;
(b) 
Maintain existing structures within or adjacent to a watercourse so that those structures will not become a hazard to the use, function, or physical integrity of the drainage feature; and
(c) 
Not remove healthy bank vegetation beyond that necessary for maintenance, nor remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
(Ord. No. 2001-22, § 3, 8-22-01; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)
(a) 
The owner of a priority development project must execute a stormwater control facility maintenance agreement with the city prior to occupancy of the development. The agreement, which shall be on a form prescribed by the city and approved by the city attorney, shall be recorded and run with the land and be binding upon the owner; the owner's heirs, executors, administrators, successors, and assigns; any person having or acquiring any right, title, or interest in the subject property or project; and any subsequent owner or operator of the subject property or project.
(b) 
The director or their designee are hereby authorized, on behalf of the city, to execute all contracts and agreements pursuant to this chapter, including, but not limited to, stormwater control facility maintenance agreements.
(Ord. No. 2015-09, § 4, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)