Except as otherwise provided in this chapter, the city engineer
shall administer, implement and enforce the provisions of this chapter.
Any powers granted to or duties imposed upon the city engineer may
be delegated by the city engineer to persons authorized by the city
engineer. This chapter shall apply to all dischargers, including all
residents, as well as commercial, industrial and construction enterprises,
to the city's municipal separate storm sewer system, and to dischargers
outside the city who, by agreement with the city, utilize the city's
municipal separate storm sewer system.
(Code 1980, § 19.20.040; Ord. No. 740, § 1, 2005)
Unless otherwise provided by this chapter, any notice required
by this chapter shall be in writing and served in person, or by first
class, registered or certified mail. Notice by mail shall be deemed
to have been given at the time of deposit, postage or prepaid, in
a facility regularly serviced by the United States Postal Service.
(Code 1980, § 19.20.050; Ord. No. 740, § 1, 2005)
A. The discharge or diversion of stormwater or non-stormwater is permissible when the connection to the city's MS4 is made in accordance with a valid city permit, approved construction plan, and, if applicable, an NPDES permit or a NOI, and the discharge is not prohibited under section
19.20.080.
B. It
is prohibited to establish, use, operate, maintain and/or continue
any illicit connections to the city's MS4. This prohibition is retroactive
and applies to illicit connections made prior to the date of enactment
of the ordinance codified in this chapter, regardless of whether the
connection was made under a permit or other authorization or whether
the connection was permissible under the law or practices applicable
or prevailing at the time of the connection.
C. Construction
permits are required for the construction or modification of any storm
drain or conveyor of drainage waters and appurtenant items within:
1. Dedicated
easements, rights-of-way, or public place and/or facility;
2. Private
property so as it may directly or indirectly discharge into the city's
municipal separate storm sewer system. Indirect discharges include,
but are not limited to, under sidewalk drains, driveway approaches
and unrestricted sheet flow.
(Code 1980, § 19.20.060; Ord. No. 740, § 1, 2005)
No person shall construct, modify or cause to be constructed
or modified any structure, facility or appurtenant items which may
alter the normal functioning of the city's MS4, including any actions
which may alter the capacity, fall or structural integrity of a storm
drain, channel or related structures without prior written approval
of the city engineer.
(Code 1980, § 19.20.070; Ord. No. 740, § 1, 2005)
It is prohibited to:
A. Discharge directly or indirectly to the city's MS4, or any street, line or unlined drainage channel which leads to the city's MS4, any non-stormwater or other solid, liquid or gaseous water, unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in section
19.20.100. If such discharge is permitted by a NPDES permit, or is generally exempted, but causes a violation or potential violation any portion of the municipal NPDES permit for stormwater discharges, such discharge is also prohibited.
B. Discharge
stormwater into the city's MS4 containing pollutants that have not
been reduced to the maximum extent practicable.
C. Throw,
deposit, leave, maintain, keep or permit to be thrown, deposited,
placed, left or maintained, any refuse, garbage, sediment or other
discarded or abandoned objects, articles and accumulations, in or
upon any street, alley, sidewalk, storm drain, inlet, catch basin,
conduit or other drainage structures, business place or upon any public
or private lot of land in the city, so that the same may be and/or
may become a pollutant. This prohibition shall not apply to refuse,
rubbish or garbage deposited in containers, bags or other appropriate
receptacles which are properly placed in designated locations for
regular solid waste pick up and disposal.
D. Throw
or deposit any refuse, garbage or any other pollutants into any fountain,
pond, lake, stream or any other body of water in a park or elsewhere
within the city.
E. Discharge
any of the following types of waste into the city's MS4:
2. Surface
cleaning wash water resulting from mopping, rinsing, pressure washing
or steam cleaning of gas stations, and vehicle service businesses
or any other business;
3. Discharges
resulting from the cleaning, repair or maintenance of any type of
equipment, machinery or facility, including motor vehicles, concrete
mixing equipment, portable toilet servicing, etc.;
4. Wash
water from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, draper and furniture cleaning, etc.;
5. Wastewater
from cleaning municipal, industrial, commercial, residential areas,
including parking lots, streets, sidewalks, driveways, patios, plazas,
work yards and outdoor eating or drinking areas, containing chemicals
or detergents and without prior sweeping, etc.;
6. Stormwater
runoff from material of waste storage areas containing chemicals,
fuels, grease, oil or other hazardous materials or contaminated equipment;
7. Discharges
from pool or fountain water containing chlorine, biocides, acids or
other chemicals; pool filter backwash containing debris and chlorine;
8. Pet
waste, yard waste, leaves, dirt, landscape or other debris, sediment,
etc.;
9. Restaurant
wastes, such as grease, mop water and wash water from cleaning dishes,
utensils, laundry, floors, floor mats, trash bins, grease containers,
food waste, etc.;
10. Chemicals or chemical waste;
12. Blow down or bleed water from cooling towers and boilers, regenerative
brine waste from water softeners or reverse osmosis treatment systems;
13. Materials or chemical substances that cause damage to the city's
municipal separate storm sewer system;
14. Fertilizer, soil amendments or mulch, and pesticides;
15. Concrete or cement waste, brick and tile work wastes, plaster and
drywall tool cleanup water, waste paint or painting cleanup water,
asphalt or asphalt cleanup solvents or slurry from saw cutting concrete
or asphalt and other construction waste;
16. Domestic sewage, including wastewater from sinks, washing machines,
dishwashers, toilets, campers, motor homes or trailers;
17. Chemicals, degreasers, bleach, steam cleaning or pressure washing
wastewater;
18. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery
acid, brake fluid, transmission fluid, power steering fluid, engine
cleaning compounds, engine or parts cleaning wash water or rinse water
and any other vehicular fluids;
19. Water softener brine waste, or any other wastewater from other household
water treatment systems;
20. Wastewater from draining swimming pools, ponds or fountains which
contain chlorine biocides, acids or other chemicals, pool filter backwash
containing debris and chlorine;
21. Discharges from acid cleaning of swimming pools, ponds or fountains
or filter cleaning from the same;
23. Any other material that causes or contributes to a condition of contamination,
nuisance or pollution in the city's municipal separate storm sewer
system or causes a violation of any NPDES permit, waste disposal regulations,
waste discharge requirements, water quality standards or objectives
adopted by the state water resources control board, the regional board,
EPA, the county fire/hazmat department, the county flood control district
or any other public agency with jurisdiction.
(Code 1980, § 19.20.080; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
The following discharges of non-stormwater into the city's storm drainage system are generally exempt from the prohibited discharges listed in section
19.20.080; however, subsections A through V of this section have been identified as potential significant sources of pollutants and may require coverage under the current regional board's de minimus permit as well as prior approval by the city's engineering department, environmental programs section, before discharge (see *note below):
A. Discharges
covered by NPDES permits or written clearances issued by the regional
or state board;
B. Landscape
irrigation, lawn watering and irrigation water;
C. Water
from crawl space pumps;
D. Air
conditioning condensation;
E. Non-commercial
car washing;
F. Rising
groundwaters and natural springs;
G. Groundwater
infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped
groundwater;
H. Water
flows from riparian habitats and wetlands;
I. Water
flows generated from emergency response and/or firefighting activities;
however, appropriate BMPs shall be implemented to the extent practicable.
BMPs must be implements to reduce pollutants from non-emergency firefighting
flow;
J. Waters
not otherwise containing wastes as defined in
Water Code § 13050(d);
K. Other
types of discharges identified and recommended by the city and approved
by the regional water quality control board;
L. *Potable
water line testing or flushing and other discharges from potable water
sources;
M. *Water
from fire hydrant testing and flushing using appropriate BMPs;
N. *Water
from passive foundation drains or passive footing drains;
O. *Dechlorinated
swimming pool discharges;
Q. *Wastes
associated with well installation, development, test pumping and purging;
S. *Discharges
from hydrostatic testing of vessels, pipelines, tanks, etc.;
T. *Discharges
from the maintenance of potable water supply pipelines, tanks, reservoirs,
etc.;
U. *Discharges
from the disinfection of potable water supply pipelines, tanks, reservoirs,
etc.;
V. *Discharges
from potable water supply systems resulting from system failures,
pressure releases, etc.
*Note: The city requires that a non-stormwater discharge notification
form be submitted to the engineering department for approval of these
discharges, five days prior to any planned discharges, or as soon
as possible for any unplanned discharges. The notification form is
available from the engineering department counter. Monitoring may
also be required for these discharges.
The regional board may issue waste discharge requirements for
discharges exempted from NPDES requirements, if identified to be a
significant source of pollutants. The executive officer of the board
may also add categories of non-stormwater discharges that are not
significant sources of pollutants or remove categories of non-stormwater
discharges listed above based upon a finding that the discharges are
a significant source of pollutants. In this case, the list of exempted
discharges in this section would be adjusted accordingly.
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(Code 1980, § 19.20.090; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Each
industrial discharger, discharger associated with construction activity,
or other discharger, described in any general stormwater permit addressing
such discharges, including, but not limited to, the general construction
permit and the general industrial permit, as may be adopted by the
EPA, the state water resources control board, or the RWQCB, shall
provide a NOI, comply with and undertake all other activities required
by any such general NPDES stormwater permit applicable to such discharges.
B. Each
discharger identified in an individual NPDES permit or discharge order
relating to stormwater discharges shall comply with and undertake
all other activities required by such permit or order.
(Code 1980, § 19.20.100; Ord. No. 740, § 1, 2005)
Any person undertaking any activity or operation in the city
that could potentially cause or contribute to stormwater pollution
or a discharge of non-stormwater to the city's MS4 shall comply with
all applicable best management practices (BMPs) as listed in the California
Storm Water Best Management Practices Handbooks or the current, the
county stormwater program's "Report of Waste Discharge," to reduce
pollutants in stormwater runoff and reduce non-stormwater discharges
to the city's MS4 to the maximum extent practicable or to the extent
required by law.
(Code 1980, § 19.20.110; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Persons
storing chemicals or chemical waste outdoors shall be required to
install spill containment subject to requirements established by the
city engineer and in accordance with applicable federal, state, regional
board and the county standards. Persons storing any other materials
or equipment that are potential sources of stormwater pollution are
also required to install spill containment.
B. No
person shall operate a spill containment system that could allow incompatible
materials and/or wastes to mix, thereby creating hazardous or toxic
substances in the event of failure of one or more containers.
C. Spill
containment systems shall consist of a system of dikes, walls, barriers,
berms and/or other devices a structural BMP is designed to contain
the spillage of the liquid contents of the containers stored in them
and to minimize the buildup of stormwater from precipitation, and
run-on from roof drainage and outside areas. If the spill containment
system does not have a roof which covers the entire contained area,
the spill containment system shall have the capacity to contain precipitation
from at least a 24-hour, 25-year rainfall event plus ten percent of
the total volume of the material stored there or the volume of the
largest container, whichever is greater. Spill containment systems
shall also be constructed of impermeable and nonreactive materials
to the materials and/or wastes being contained.
D. Spilled
and/or leaked materials and/or wastes and any accumulated precipitation
shall be removed from the spill containment system in as timely a
manner as is necessary to prevent the overflow of the spill containment
system.
E. Unless
otherwise approved by the city engineer, all chemicals or wastes discharged
within the spill containment system shall be disposed of in accordance
with all applicable federal, state and local rules, regulations and
laws, and shall not be discharged into the city's sanitary sewer system,
municipal separate storm sewer system or onto the ground.
(Code 1980, § 19.20.120; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Protection
of the city's municipal separate storm sewer system from the accidental
discharge of prohibited materials or wastes is the responsibility
of the person or persons in charge of such material. Detailed plans
showing facilities and operating procedures to provide this protection
shall be submitted to the city for review, and shall be approved by
the city engineer prior to any construction. All new and existing
dischargers shall complete such a plan. Review and approval of such
plans and operating procedures shall not relieve the discharger from
the responsibility to modify his or her facility as necessary to meet
the requirements of this chapter.
B. A notice
shall be permanently posted in a prominent place advising employees
whom to contact in the event of an accidental discharge. Employers
shall ensure that all employees are advised of the emergency notification
procedures. In the event of an accidental discharge, it is the responsibility
of the discharger to immediately telephone and notify the proper authorities.
C. All
accidental discharges of pollutants into the city's municipal separate
storm sewer system, including a street or gutter, shall be immediately
reported to the city's engineering department and fire department.
All discharges that pose a threat to human health or the environment
shall be reported to the executive officer of the state regional water
quality control board within 24 hours by telephone or e-mail and followed
with a written report of the spill event within five days. At minimum,
all sewage spills over 1,000 gallons and all reportable quantities
of hazardous materials or hazardous waste shall be reported within
24 hours.
(Code 1980, § 19.20.130; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Within
five working days following an accidental discharge of pollutants
into the city's municipal separate storm sewer system, the person
or persons responsible for the discharge of the material and/or waste
which was accidentally discharged shall submit a written report to
the city engineer. The report shall describe in detail the type and
volume of the material and/or waste and the cause of the discharge.
The report shall also describe in detail all corrective actions taken
and measures to be taken to prevent future occurrences.
B. Such
notification of the accidental discharge shall not relieve the user
of any fines or civil penalties incurred as a result of the event
or any other liability, which may be imposed by this chapter or other
applicable laws.
(Code 1980, § 19.20.140; Ord. No. 740, § 1, 2005)
The property owner of a lot or parcel from which an illegal
discharge originates shall be ultimately responsible for all abatement
and cleanup costs associated with the discharge, at his or her own
expense, if the responsible party cannot be located. Likewise, if
the tenant of a multi-family residential unit has discharged a prohibited
material or waste into the city's storm drainage system or has caused
the contamination of stormwater runoff from the property by his or
her activities and the city engineer cannot determine the responsible
party or residential unit responsible, the owner of the property from
which the discharge originated shall be responsible for the cleanup
and abatement costs to mitigate the condition. Additionally, a property
owner will be responsible for all cleanup costs and damages to the
city's storm drainage system from a contractor's activities, if the
contractor was hired by the owner and cannot be located.
(Code 1980, § 19.20.150; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)