Arroyo Grande Municipal Code Ch. 13.25 Illegal Discharges and Illicit Connections

The regulations included in this chapter are to provide for the health, safety, and general welfare of the environment and the citizens of the city of Arroyo Grande through the regulation of non-stormwater discharges to the storm drainage system and receiving waters within the city to the maximum extent practicable as required by federal and state law.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

This chapter is applicable to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the state water resource control board or the city.

The requirements of this chapter are not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

The objectives of this chapter are:

A. To regulate the contribution of pollutants to groundwater and surface waters including but not limited to; Arroyo Grande Creek, Tally Ho Creek, Los Berros Creek or Meadow Creek by stormwater discharges.

B. To prohibit illicit connections and illegal discharges to the storm drain system.

C. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

For the purpose of this chapter, certain words and phrases are defined as follows, and certain provisions shall be construed as herein set forth, unless it shall be apparent from the context that they have a different meaning.

"Basin plan" refers to the Central Coast Regional Water Quality Control Board adopted Water Quality Control Plan, Central Coast Basin that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for receiving waters within the region.

"California Toxics Rule" refers to regulations codified in 40 CFR Section 131.36 and Section 131.38 respectively, which establish numeric criteria for priority toxic pollutants for California's inland surface waters, enclosed bays, and estuaries.

"Incidental runoff" shall mean the unintended amount of runoff, which escapes the areas of intended use (e.g., minimal over-spray from sprinklers). Water leaving an intended use area is not considered incidental if it is a result of:

1. Inadequate or improper facility design;

2. Excessive application;

3. Intentional overflow or application; or

4. Negligence.

"Illegal discharge" shall mean any direct or indirect non-stormwater discharge to the storm drain system including discharges from commercial and non-profit car washes, mobile cleaning services, pressure washing operations and non-stormwater runoff from irrigated areas that is not considered incidental runoff except as exempted in Section 13.25.060. Illegal discharges are also any discharge that may cause or threaten to cause or contributes to an exceedance of any water quality standard in a Statewide Water Quality Control Plan, the California Toxics Rule, or the Basin Plan.

"Non-stormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater.

"Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity living, working or visiting the city.

"Statewide Water Quality Control Plan" refers to documents issued at the state level for the conservation, development, and utilization of the water resources of the state. They currently consist of the Oceans Plan, Bay-Delta Plan, Thermal Plan, and Freshwater and Estuarine Plan, with future plans under development for Nutrients for Inland Surface Water of the State, and Trash Controls in California Waters (partial list).

"Storm drain system" shall mean the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

The public works director shall have the authority, to detect and eliminate illegal discharges and illicit connections to the storm drain system. This includes entering onto private property for the purpose of inspecting, at reasonable times, any facility, equipment, practices, or operations for compliance with this chapter.

Should the public works director suspect that an illegal discharge or illicit connection is present, the public works director may do any or all of the following:

A. For non-stormwater discharges suspected of being sanitary sewage and/or significantly contaminated, require the discharger to promptly cease and desist discharging and/or cleanup and abate their discharge, spill, or pollutant release as soon as possible.

B. For suspected illicit connections, require the owner, within seventy-two (72) hours of notification, to identify the nature of the suspected illicit connection and to identify the outfall location or point of connection to the storm drain system, sanitary sewer system or other discharge point. Should the suspected illicit connection be confirmed, see subsection C below.

C. For illegal discharges and illicit connections, require the discharger to promptly cease and desist discharging and/or cleanup and abate their discharge, spill, or pollutant release within seventy-two (72) hours of notification.

D. For incidental runoff, require the person responsible to detect leaks and correct the leaks within seventy-two (72) hours of learning of the leaks, and remedy other situations within ten (10) days, which may include properly designing and aiming sprinkler heads, and/or not irrigating during precipitation events.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the storm drain system or to groundwater and surface waters, including but not limited to; Arroyo Grande Creek, Tally Ho Creek, Los Berros Creek or Meadow Creek, any material other than stormwater, except as allowed by this chapter or as otherwise authorized by a separate NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), 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 written approval has been granted for any discharge to the storm drain system.

The following non-stormwater discharges may be allowed provided appropriate control measures to minimize the impacts of such discharges are consistent with the California Stormwater Quality Association (CASQA) Best Management Practices Handbook, or equivalent precautions are taken:

A. Water line flushing;

B. Individual residential car washing;

C. Diverted stream flows;

D. Rising groundwaters;

E. Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(20)) to separate storm sewers;

F. Uncontaminated pumped groundwater;

G. Discharges from potable water sources;

H. Foundation drains;

I. Air conditioning condensation;

J. Springs;

K. Water from crawl space pumps;

L. Footing drains;

M. Flows from riparian habitats and wetlands;

N. De-chlorinated swimming pool discharges;

O. Incidental runoff from landscaped areas;

P. Discharges or flow from firefighting; and

Q. Other discharges approved by the public works director and specified in writing as being necessary to protect public health and safety.

This provision does not obviate the need to obtain any other appropriate permits, such as discharges which are required to be enrolled under Order R3-2011-0223 "Waste Discharge Requirements National Pollution Discharge Elimination System (NPDES) General Permit for Discharges with Low Threat to Water Quality."

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or permissible under law or practices applicable or prevailing at the time of connection.

A. Illicit connections include any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to, any conveyances that allow any non-stormwater discharge including sewage, processed wastewater, and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

B. Improper connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the city.

C. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm drain system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a seventy-two-hour time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm drain, sanitary sewer or other, and that the outfall location or point of connection to the storm drain system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the public works director.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

A. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.

B. Warning Notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the city may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.

C. Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:

1. The name and address of the alleged violator;

2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

3. A statement specifying the nature of the violation;

4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;

5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

6. A statement that the determination of violation may be appealed to the city public works director by filing a written notice of appeal within ten (10) days of service of notice of violation; and

7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Such notice may require without limitation:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit connections or discharges;

(3) That violating discharges, practices, or operations shall cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of restitution to cover all administrative, labor and remediation costs incurred by the city; and

(6) The implementation of source control or treatment BMPs consistent with the California Storm Water Quality Association (CASQA) Best Management Practices Handbooks or equivalent.

D. Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein, the alleged violator is subject to civil and/or criminal action in accordance with Chapter 1.16 of this code.

E. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator, alternative compensatory options, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)