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:
(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)
