Folsom Municipal Code Art. II Prohibited Discharges

Except as provided in Section 8.70.120, it shall be unlawful for any person to make or cause to be made any nonstormwater discharge into any of the following:

A. The storm drain system.

B. Receiving waters.

C. A private storm drain system, where the design of the system will not prevent the nonstormwater discharge from reaching the city storm drain system or receiving waters.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

The following discharges to the city stormwater conveyance system are exempt from the otherwise applicable discharge prohibition set forth in Section 8.70.110:

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 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. Diverted stream flows;

2. Rising groundwaters;

3. Uncontaminated groundwater infiltration, as defined in 40 CFR 35.2005(20);

4. Uncontaminated pumped groundwater;

5. Foundation drains;

6. Springs;

7. Water from crawl space pumps;

8. Footing drains;

9. Air conditioning condensation;

10. Flows from riparian habitats and wetlands;

11. Water line flushing;

12. Landscape irrigation;

13. Discharges from potable water sources;

14. Uncontaminated irrigation water;

15. Individual residential car washing;

16. Dechlorinated swimming pool discharges;

17. Lawn watering; and

18. Street wash water.

C. Emergency firefighting flows (i.e., flows necessary for the protection of life or property) do not require immediate implementation of BMPs and are not prohibited.

D. Any discharges which the administrator, the county health officer or the regional water board determines in writing are necessary for the protection of public health or safety.

E. Additional categories of nonstormwater discharges which do not cause or contribute to the violation of any receiving water limitation may be exempted from the otherwise applicable prohibition by the administrator upon approval of the executive officer of the regional water board, as provided in the municipal stormwater permit.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

Notwithstanding the exemptions provided for in Section 8.70.120, if the regional water 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 is identified as a source of pollutants to waters of the state, 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-day period commencing upon delivery of the notice. Upon expiration of such thirty-day period, any such discharge shall be unlawful. Upon finding that a continuance of the discharge poses an immediate significant threat to the environment or to public health and safety, the administrator may waive the thirty-day waiting period and require immediate cessation of the discharge.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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 Chapters 1.08 to 1.10 of this code.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)