Escalon Municipal Code Art. II Prohibitions

A. No person shall:

1. Discharge, permit to be discharged or cause to be discharged any nonstormwater into any part of the MS4 or into any part of a watercourse except in compliance with the requirements of this chapter and in compliance with any separate individual or general NPDES permit;

2. Cause, allow or facilitate any illegal discharge;

3. Discharge any material into the MS4 or any watercourse with the city's jurisdiction that may cause or threaten to cause a condition of pollution, contamination, or nuisance within the meaning of California Water Code Section 13050 or that may cause or contribute to a violation of the city's NPDES permit, the Clean Water Act or the Porter-Cologne Water Quality Control Act or any applicable water quality standards;

4. Discharge any nonincidental runoff.

B. No person shall discharge or allow the discharge of any of the following types of nonstormwater discharges into the MS4, unless done pursuant to the terms and conditions of a separate NPDES permit or pursuant to an exemption issued by either Regional Board or the State Board:

1. The discharge of untreated wash waters when gas stations, auto repair garages or other type of automotive service facilities are cleaned;

2. The discharge of untreated waste water from mobile auto washing, steam cleaning, mobile carpet cleaning and other such mobile commercial and industrial operations;

3. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;

4. Discharges of untreated runoff from storage areas of materials containing grease, oil or other hazardous materials and uncovered receptacles containing hazardous materials;

5. Discharges of commercial/municipal swimming pool filter backwash;

6. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas; provided, however, that nonindustrial and noncommercial activities which incidentally generate urban runoff, such as the hosing of sidewalks and the noncommercial hand-washing of cars, shall be excluded from this prohibition;

7. Discharges from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff, unless permitted under a separate NPDES permit;

8. Discharges from the washing out of concrete trucks;

9. Discharges of any pesticide, fungicide or herbicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation; or

10. The disposal of hazardous wastes into trash containers used for municipal trash disposal, where such disposal causes or threatens to cause a direct or indirect discharge to the MS4.

(Ord. 542, 2014)

A. The following discharges shall not constitute illegal discharges or be prohibited pursuant to EMC § 13.15.030 unless determined by the director to be a significant source of pollutants, pose a threat to water quality standards, or otherwise meet the requirements of subsection B of this section:

1. Water line flushing;

2. Diverted stream flows;

3. Rising groundwater, where groundwater seepage is not otherwise regulated by a separate NPDES permit;

4. Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)) to the MS4;

5. Uncontaminated pumped groundwater, provided such discharges are compliant with all applicable permit requirements, including enrollment in any applicable NPDES permit or waste discharge requirement;

6. Discharges from potable water sources;

7. Gravity flow from foundation drains, footing drains and crawl space pumps, when groundwater seepage is not otherwise regulated by a separate NPDES permit or waste discharge requirements, provided such discharges are compliant with all applicable permit requirements;

8. Air conditioning condensation, when not otherwise regulated by a separate NPDES permit;

9. Natural springs;

10. Flows from riparian habitats and wetlands;

11. Dechlorinated swimming pool discharges, when not otherwise regulated by a separate NPDES permit;

12. Individual residential car washing;

13. Discharges or flows from emergency firefighting activities, unless identified as a significant source of pollutants to waters of the United States.

B. Notwithstanding the conditional exemptions provided in subsection A of this section, if the director, independently or at the direction of the Regional Board, determines that a conditionally exempt discharge is a significant source of pollutants, threatens water quality standards, causes or significantly contributes to a violation of any receiving water limitation, results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the director may prohibit, limit, or direct the control of such discharge and may take any enforcement option available under this chapter.

C. The prohibition in EMC § 13.15.030 shall not apply to irrigation and drainage waters under control of the South San Joaquin Irrigation District (SSJID) that are being transported by SSJID shared facilities.

D. With written concurrence of the Regional Board, the city may exempt in writing other nonstormwater discharges which are neither a source of pollutants to the MS4 system nor waters of the United States.

(Ord. 542, 2014)

A. No person shall:

1. Construct, use, maintain, operate, or utilize any illicit connections to the MS4.

2. Act, cause, permit or suffer any agent, employee, or independent contractor to construct, maintain, operate or utilize any illicit connection.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. 542, 2014)

A. Every person responsible for any premises within the city shall control incidental runoff from the premises by taking the following actions:

1. Detect and correct leaks within 72 hours of learning of the leak;

2. Properly design and aim sprinkler heads;

3. Cease watering during precipitation events;

4. Properly manage ponds containing recycled water such that no discharge occurs in violation of any applicable permit, state or local law or regulation; and

5. Take any action necessary to prevent the discharge of nonstormwater to the MS4 or to the waters of the state or United States.

(Ord. 542, 2014)

A. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4 system or water of the United States any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, including but not limited to leaves, dirt and other landscape debris, so that the same may cause or contribute to pollution or an illegal discharge or cause or contribute to a violation of the requirements of any applicable water quality control plan.

B. The person with maintenance responsibilities over any paved surface must maintain said surface free of dirt or litter. Sweepings from a paved surface 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 such real property as required for garbage disposal.

C. Each person responsible for an animal shall promptly pick up animal waste deposited in public areas and properly dispose of it in a trash receptacle.

(Ord. 542, 2014)

A. Notwithstanding other requirements of law, as soon as any person responsible for a premises, facility or operation or responsible for emergency response for a premises, facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4 or waters of the United States from said premises, facility or operation, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release and shall report any such discharge or spill in the following manner:

1. The discharge or spill of hazardous materials shall be immediately reported to emergency response officials via emergency dispatch services (i.e., by calling 911).

2. The discharge or spill of nonhazardous materials shall be reported as follows:

a. To the city's public works department in person, by phone or facsimile not later than 5:00 p.m. of the next business day.

b. If the release occurs after 5:00 p.m. on a weekday, on a weekend or holiday, to the stormwater pollution line on the same day and to the director by telephone on the next business day.

c. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's public works department within three business days of the phone notice. If the discharge of hazardous materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

B. In addition to the above requirements, release of any hazardous materials, sewage, oil, or petroleum to any waters of the state, or discharged or deposited where it is or probably will be discharged in or on any waters of the state, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code.

(Ord. 542, 2014)