Butte County Municipal Code Art. II Prohibited Discharges

Except as provided in Section 50-12, it shall be unlawful for any person to make or cause to be made an illicit discharge of any materials, including, but not limited to, pollutants or waters containing any pollutants, other than stormwater into the County storm drain system, natural surface waters, or watercourses.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 12, 5-27-25)

Subject to the authority granted to the Regional Board and the Administrator, the following non-stormwater discharges to the County storm drain system, natural surface waters, or watercourses are exempt from the otherwise applicable discharge prohibition set forth in Section 50-11:

(a) Any discharge regulated under an NPDES permit, waiver (including Conditional Waivers of Waste Discharge Requirements for Discharges from Irrigated Lands), or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency or under State authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that prior approval has been granted by the County of Butte for any discharge to the storm drain system.

(b) Discharges or flows from fire-fighting activities unless they are identified as significant sources of pollutants to Waters of the United States.

(c) Discharges from the following activities, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented:

(1) Water line flushing;

(2) Individual residential car washing;

(3) Diverted stream flows;

(4) Rising groundwaters;

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

(6) Uncontaminated pumped groundwater;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air conditioning condensation;

(10) Springs;

(11) Water from crawl space pumps;

(12) Footing drains;

(13) Flows from riparian habitats and wetlands;

(14) Dechlorinated swimming pool discharges; and

(15) Incidental irrigation runoff from landscaped areas provided the conditions in item (d) of this section are met.

(d) Incidental irrigation runoff shall be prevented. Consistent with Chapter 24, Article III, Division 11, Landscaping, Section 24-116, Irrigation and water efficiency, irrigation systems must be designed to conserve water and prevent water leaving the area of application, and irrigation must be scheduled between the hours of 2:00 a.m. and 10:00 a.m. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by maintaining irrigation systems in a fully functional manner.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 12, 5-27-25)

Notwithstanding the exceptions provided in Section 50-12, the Administrator may, with written notice, prohibit any discharge if it is determined to cause or contribute to the violation of any water quality standard or is found to be a significant source of pollutants to the County storm drain system or is otherwise a danger to public health or safety. The Administrator may give written notice to the discharger that the exception shall not apply to the discharge at issue and provide a timeline to cease the discharge. Upon expiration of the timeline specified in the notice, any such discharge shall be unlawful.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 13, 5-27-25)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice per Section 50-32 of the Administrator's determination as to the existence of a threatened prohibited discharge.

(Ord. No. 3981, § 1 (part), 3-11-08)

The establishment, use, maintenance, or continuance of illicit connections to a County storm drain or watercourse, and/or commencement or continuance of any illicit discharges to a County storm drain or watercourse is prohibited. This prohibition applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. Illicit connections shall be subject to removal or abatement by the County pursuant to Article V of this chapter.

(a) Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the Administrator.

(b) Any person responsible for an illicit connection shall promptly remove the connection as directed by the Administrator.

(c) The County may perform clean-up and abatement work and/or removal work and recover its costs from the responsible person as provided in Article V of this chapter.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 14, 5-27-25)

A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. No. 3981, § 1 (part), 3-11-08)

Except for pollutants lawfully disposed of by way of containers or at lawfully established dumping grounds, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the County storm drain system, natural surface waters, watercourses or Waters of the United States, any refuse, rubbish, garbage, litter, green waste, or other discarded or abandoned objects, articles, and accumulations, such that, in the opinion of the Administrator, the same might be or become a pollutant discharged to the Waters of the United States.

The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the County in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and/or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway but shall be disposed of in receptacles maintained on said real property as required for the recycling or disposal of garbage.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 15, 5-27-25)

Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the USEPA, the State Board, or the Regional Board, shall comply with and undertake all other activities required by any general stormwater permit applicable to such discharges. Proof of compliance with said permit may be required in a form acceptable to the Administrator: prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or at any other reasonable time as determined by the Administrator.

Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 16, 5-27-25)