Elk Grove Municipal Code Art. II Prohibited Discharges

Except as provided in EGMC Section 15.12.110, it shall be unlawful for any person to make or cause to be made any nonstormwater discharge into the City stormwater conveyance system or directly to the Sacramento River, American River, Cosumnes River, Mokelumne River, or navigable waters of the Delta.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The following discharges to the City stormwater conveyance system are exempt from the otherwise applicable discharge prohibition set forth in EGMC Section 15.12.100:

A. Any discharge regulated under an NPDES permit issued to the discharger and administered by the State pursuant to Chapter 5.5 of Division 7 of the Water Code; provided, that any such discharge is in compliance with all requirements of the NPDES permit and all other applicable laws and regulations.

B. Any discharge from any of the following activities; provided, that any such discharge does not cause or contribute to the violation of any receiving water limitation as determined by the Administrator:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flows;

4. Rising ground waters;

5. Uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)) to separate storm sewers;

6. Uncontaminated pumped ground water;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensate;

10. Irrigation water;

11. Springs;

12. Water from crawlspace pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated swimming pool discharges; or

18. Discharges or flows from emergency fire fighting activities.

C. Any discharges which the Administrator or the Regional Board determines in writing are necessary for the protection of public health or safety.

D. Additional categories of nonstormwater discharges which do not cause or contribute to the violation of any receiving water limitation may be accepted from the otherwise applicable prohibition by the Administrator upon approval of the Executive Officer of the Regional Board, as provided in Sections A.3. and D.4.a.1.d. of the municipal stormwater permit, or any successor sections.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Notwithstanding the exemptions provided for in EGMC Section 15.12.110, if the Regional Board or the Administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Administrator may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses an immediate significant threat to the environment or to public health and safety, the Administrator may waive the thirty (30) day waiting period and require immediate cessation of the discharge.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

It shall be unlawful for any person to discharge, or cause to be discharged, any material to the City stormwater conveyance system which results in, or contributes to, a violation of the municipal stormwater permit.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

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

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal and abatement by the City pursuant to EGMC Chapter 16.02.

B. The prohibition set forth in subsection (A) of this section shall apply to illicit connections in existence at the time that the ordinance codified in this chapter becomes effective. Upon the effective date of the ordinance codified in this chapter, any person who maintains an illicit connection shall have thirty (30) days from the effective date of the ordinance codified in this chapter to disconnect and discontinue use of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in EGMC Section 15.12.030(F), may apply to the City for a permit to continue the connection subject to applicable City standards.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A violation of the provisions of this article 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. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)