Article II — Discharge Restrictions

Except as provided in Section 13.14.060 of this chapter, it is unlawful for any person to make or cause to be made any non-stormwater discharge. Notwithstanding the exemptions provided in this chapter, if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any plan standard or NPDES permit, or conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the stormwater conveyance system.

(Ord. No. 1905, § 1, 6-3-2015)

Subject to the authority granted by the Regional Water Quality Control Board and the enforcement official in Section 13.14.420 of this chapter, the following discharges to the stormwater conveyance system are exempt from the prohibition set forth in Section 13.14.050 of this chapter.

A.

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

B.

Discharges from the following activities which do not cause or contribute to the violation of any NPDES permit or plan standard:

Water line flushing and other discharges from potable water sources,

Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use,

Rising ground waters or springs,

Passive foundation and footing drains,

Water from crawl space pumps and basement pumps,

Air conditioning condensate,

Individual residential car washing on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles,

Natural flows from riparian habitats and wetlands,

Dechlorinated swimming pool discharges,

Flows from fire suppression activities, including fire hydrant flows and fire hydrant flow testing,

Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117,

Uncontaminated ground water infiltration or uncontaminated pumped ground water to separate storm sewers;

C.

Any discharge which the enforcement official, the local health officer, or the Regional Water Quality Control Board determines in writing is necessary for the protection of the public health and safety;

D.

Any discharge caused by flooding or other natural disaster which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official.

(Ord. No. 1905, § 1, 6-3-2015)

Discharges of pumped groundwater not subject to a NPDES permit may be permitted to discharge to the stormwater conveyance system upon written approval from the city and in compliance with conditions of approval set forth by the city.

(Ord. No. 1905, § 1, 6-3-2015)

It is unlawful for any person to cause either individually or jointly any discharge to the stormwater conveyance system which results in or contributes to a violation of this chapter and the city's MS4 NPDES

permit. The prohibited discharges shall include, but not be limited to the following:

A.

The deposit or blowing of grass, leaves, yard clippings and/or other landscape debris into the public right- of-way except when specifically permitted by the city.

B.

The deposit of any garbage, litter, refuse, pet waste and/or junk into the public right-of-way.

(Ord. No. 1905, § 1, 6-3-2015)

A.

The construction, use, maintenance or continued existence of illicit connections to the stormwater conveyance system is prohibited.

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.

C.

A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a stormwater conveyance system, or allows such a connection to continue.

(Ord. No. 1905, § 1, 6-3-2015)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this chapter.

(Ord. No. 1905, § 1, 6-3-2015)

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and may be subject to the sanctions of those acts including civil and criminal penalties.

(Ord. No. 1905, § 1, 6-3-2015)

Any person engaged in activities which may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-stormwater discharge and/or pollutant discharge.

A.

Business Related Activities.

Stormwater Pollution Prevention Plan. The enforcement official may require any business in the city that is engaged in activities which may result in pollutant discharges to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

Coordination with Hazardous Materials Release Response Plans and Inventory. Any business requiring a hazardous materials release response and inventory plan under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

Coordination with Hazardous Waste Generator Contingency Plan and Emergency Procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B.

Construction.

Any person performing construction activities in the city shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations, including but not limited to, the current California NPDES General Permit for stormwater discharges associated with construction activity (construction general permit) and this chapter. All construction projects, regardless of size, having soil disturbance or activities exposed to stormwater must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges.

Any person subject to a construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the state's current construction NPDES general permit, the WDID number and the SWPPP shall be submitted to the city. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan (ESCP) and the ESCP worksheet must be submitted to the city.

As required by its Phase II MS4 NPDES Permit, the city will conduct stormwater compliance inspections at applicable construction sites that have areas of soil disturbance exposed to stormwater. The inspection will be conducted by a city inspector or agent working for the city who is a qualified SWPPP practitioner (QSP) or is supervised by a QSP. The inspection will evaluate the construction site's compliance to the city's stormwater ordinances. Inspections will be billed by the city to the project owner. The following is the risk rating system and inspection frequency the city will use, which is analogous to the risk rating used by the California Construction General Permit.

a.

Projects not subject to the construction general permit (CGP) or that have an erosivity waiver will have a pre-soil disturbance inspection and a project completion inspection.

b.

Projects that are Risk 1/Linear Underground/Overhead Projects (LUP) Type 1 or Risk 2/LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.

c.

Projects that are Risk 3/LUP Type 3 will have a pre-soil disturbance inspection, bi-monthly (twice per month) inspections, and a project completion inspection.

C.

Development.

The enforcement official may require controls as appropriate to minimize the long-term, post-construction activity discharge of stormwater pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of stormwater, treatment controls designed to remove pollutants from stormwater, low impact development measures, and/or hydromodification measures to offset the difference between the pre- and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will

be required to meet the requirements and design standards specified in the current State of California Phase II MS4 NPDES Permit and as described in further detail in the city's Stormwater Design Standards Manual for New Development and Redevelopment.

At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydromodification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydromodification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit and the city's Stormwater Design Standards Manual for New Development and Redevelopment. Documentation of the site's post- construction stormwater design measures must be submitted to the city's public works department for review and approval prior to the commencement of the project.

Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed stormwater design measures is required to be submitted to and approved by the city with the signed agreement. The agreement will be recorded with the deed by the county clerk making it transferrable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the city and the homeowners association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the city to submit an annual self-certification that the stormwater control measures are effective and are being maintained in accordance with the submitted and approved operation and maintenance plan.

Any person subject to the state's current construction NPDES general permit for stormwater discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, building permit, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause and shall provide copies of permits and applicable reports to the enforcement official upon request.

Any person performing construction in the city shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations including but not limited to the state general permit for stormwater discharges associated with construction activity and the city grading, erosion and sediment control policies.

D.

Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger subject to any general stormwater permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board Central Valley Region or the city shall comply with the requirements of such permit, and shall provide copies of permits and applicable reports to the enforcement official upon request.

E

Compliance with Best Management Practices. Every person undertaking any activity or use of a premises which may cause or contribute to stormwater pollution or contamination, illegal discharges, or non- stormwater discharges shall comply with best management practice (BMPs) consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.

(Ord. No. 1905, § 1, 6-3-2015)

Any person owning or occupying a premises who has knowledge of any release of pollutants or non- stormwater discharge from or across that premises which might enter the stormwater conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or non-stormwater discharge, and shall notify the enforcement agency within twenty-four hours of the release of pollutants or non-stormwater discharge.

(Ord. No. 1905, § 1, 6-3-2015)