Marin County Municipal Code Art. 2 Discharge Regulations and Requirements

The discharge of material other than stormwater to a county storm drain or to an ASBS is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The following discharges are exempt from the prohibition set forth in Section 23.18.060 above unless they are discharges to an ASBS. Exempt discharges to an ASBS are set forth in Section 23.18.062:

A. Discharges regulated under another NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

B. Discharges or flows from firefighting 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 CFR § 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.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The following discharges to an ASBS are exempt from the prohibition set forth in Section 23.18.060 above:

A. Discharges regulated under another NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

B. Discharges from the following activities, provided they are essential for emergency response purposes, structural stability, or slope stability, or they occur naturally and have been identified in the county's approved ASBS compliance plan:

1. Discharges associated with emergency firefighting operations;

2. Foundation and footing drains;

3. Water from crawl spaces or basement pumps;

4. Hillside dewatering;

5. Naturally occurring groundwater seepage via a storm drain; and

6. Non-anthropogenic flows from a naturally occurring stream via a culvert or storm drain, as long as there are no contributions of anthropogenic runoff.

(Ord. No. 3631, § II, 2015)

Any discharge that would result in or contribute to a violation of the phase II stormwater permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the county in any administrative or judicial enforcement action relating to such discharge.

(Ord. 3486 § 1 (part), 2008; Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

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 United States Environmental Protection Agency, the state water resources control board, or the San Francisco Regional Water Quality Control Board, shall provide permit registration documents and comply with and undertake all other activities required by any general stormwater permit applicable to such discharges.

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

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Where best management practices (BMP) guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation or facility that may cause or contribute to stormwater pollution, contamination and/or illicit discharges, to a storm drain, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be required by the agency.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Consistent with Chapter 23.10, Water Efficiency In landscaping, irrigation systems must be designed to conserve water and prevent water leaving the area of application. In all urbanized areas, property owners shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:

A. Detect and repair leaks from the irrigation system within seventy-two hours of discovering the leak;

B. Properly design and aim sprinkler heads to only irrigate the planned application area;

C. Do not irrigate during precipitation events; and

D. Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of the twenty-five-year-twenty-four-hour storm event. Any releases from holding ponds must be reported to the regional water board and the county within twenty-four hours of the discharge.

(Ord. No. 3631, § II, 2015)

The establishment, use, maintenance or continuance of illicit connections to a county storm drain, and/or commencement or continuance of any illicit discharges to a county storm drain is prohibited. This prohibition is expressly retroactive and 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.

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 agency.

B. Any person responsible for an illicit connection shall promptly remove the connection as directed by the agency.

C. The county may perform clean-up and abatement work and recover its costs from the responsible person as provided in Section 23.18.140.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Any person engaged in activities which will or may result in pollutants entering a county storm drain shall undertake all practicable measures to cease such activities and/or eliminate or reduce such pollutants. Such activities include, but are not limited to, ownership, operation and/or use of parking lots, gasoline stations, industrial facilities, commercial facilities, construction activities, and stores.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Editor's note— Ord. No. 3631, § II, adopted May 19, 2015, retitled the catchline of § 23.18.090 from "Reduction of pollutants in urban runoff" to read as herein set out.

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, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the county, such that, in the opinion of the agency, 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. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Persons owning or operating a parking lot, gas station or similar facility shall clean same as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to a county storm drain, watercourse, bay or the ocean.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Any person performing construction activities in the county shall implement appropriate BMPs to prevent the discharge of construction wastes, including soil or sediment, or contaminants from construction materials, tools and equipment from entering a county storm drain, watercourse, bay or ocean. In addition:

A. Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading (soil disturbing) activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, covering of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The agency will provide references to current guidance manuals and BMP information on request.

B. When any work is being done contrary to the provisions of this article, the agency may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the agency authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the county of Marin Municipal Code.

C. Erosion and sediment control plan requirements.

1. An erosion and sediment control plan (ESCP) shall be required for:

(a) Any project subject to a grading permit under Chapter 23.08, Excavating, Grading and Filling.

(b) Any project subject to a building permit or other permit issued by the county that the agency determines has the potential for significant erosion and/or significant nonstormwater discharges of sediment and/or construction site waste.

2. The ESCP shall comply with County Code Section 24.04.625 and shall include information required in the most recent version of the MCSTOPPP ESCP applicant package.

(Ord. 3486 § 1 (part), 2008; Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Editor's note— Ord. No. 3631, § II, adopted May 19, 2015, retitled the catchline of § 23.18.093 from "Best management practices for new developments and redevelopments" to read as herein set out.

The agency may require, as a condition of project approval, permanent controls designed to remove sediment and other pollutants and to mimic the pre-project site hydrology by controlling the flow rates and/or the volume of stormwater runoff from the project's added and/or replaced impervious surfaces. These controls may include limits on impervious area. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state and local agencies, and where required by the agency, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainageways above ground and in as natural a state as possible or other biological methods such as bioretention areas. For each new development and redevelopment project subject to phase II stormwater permit provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a stormwater control plan (SCP) according to the requirements in Section 24.04.627.

(Ord. No. 3631, § II, 2015)

Every person owning, occupying, leasing, renting, or in control of the premises through which a watercourse passes shall: (A) keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute or contaminate the flow of water through the watercourse; (B) maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and (C) not remove healthy native bank vegetation beyond that actually necessary for said maintenance, nor remove any vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the agency:

1. Discharge into a watercourse;

2. Modify the natural flow of water in a watercourse;

3. Deposit in or remove any material from a watercourse, including its banks, except as required for necessary maintenance;

4. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or

5. Place any loose or unconsolidated material within a watercourse or so close to the side so as to cause a probability of such material being carried away by stormwaters.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

Editor's note— Ord. No. 3631, § II, adopted May 19, 2015, renumbered former § 23.18.094, pertaining to watercourse protection, as § 23.18.095.