Modesto Municipal Code Art. 2 Discharge Regulations and Requirements

(a) Illicit Discharge. Any illicit discharge to the City's MS4 is prohibited unless excepted by Section 5-10.202. All discharges to the City's MS4 of material other than storm water must be in compliance with an NPDES permit issued for the discharge or other regulatory requirement issued pursuant to the Porter-Cologne Water Quality Control Act if an NPDES permit is not required or applicable.

(b) Discharge in Violation of Permit. Any discharge that would result in or contribute to a violation of the City's existing or future municipal NPDES permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, as well as the parcel owner on whose property the discharge occurs, who shall be strictly liable for its consequences, and such persons and/or owners shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

(c) Illicit Connections. It is a violation of this chapter and is prohibited to construct, establish, use, maintain, operate, or continue an illicit connection to the City's MS4 or cause, permit or suffer any agent, employee, or independent contractor to do so. This prohibition against illicit connections is retroactive and applies to unpermitted connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection.

(d) Roof Run-off. Domestic roof drain leaders may not drain directly to sidewalks and gutters. Any practical method must be administered to discharge roof run-off into permeable areas.

(e) Private Drains. Storm water or surface water which is causing flooding on private property served by an on-site storm drainage system may not be discharged to the City's MS4.

(f) Swimming Pool Water. Discharge of water from a swimming pool, hot tub or spa into the City's MS4 is prohibited.

(Ord. 3355 § 1, effective 10-8-04)

The following discharges are exempt from the prohibition set forth in Section 5-10.201:

(a) Any discharge or connection regulated under a NPDES permit issued to the discharger 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 non-storm water activities unless identified by either the City or the Regional Water Board as a significant source of pollutants to waters of the United States:

(1) Water line and hydrant flushing;

(2) Landscape irrigation and lawn watering;

(3) Irrigation water;

(4) Rising ground waters or springs;

(5) Foundation and footing drains;

(6) Water from crawl space pumps and basement pumps;

(7) Air conditioning condensate;

(8) Non-commercial vehicle washing;

(9) Flows from riparian habitats and wetlands;

(10) Diverted stream flows;

(11) Uncontaminated pumped ground water; and

(12) Uncontaminated ground infiltration.

(c) When a discharge category is identified as a significant source of pollutants to waters of the U.S., the discharge is prohibited unless the discharger implements BMPs which will reduce pollutants to the maximum extent practicable and the City receives approval from the Executive Officer of the Regional Water Quality Control Board pursuant to the City's municipal NPDES permit for storm water;

(d) Discharge of water from pumping out a swimming pool, hot tub or spa may be discharged to the sanitary sewer system;

(e) Emergency Fire Flows (i.e., flows necessary for the protection of life or property). However, BMPs must be implemented to reduce pollutants from non-emergency fire fighting flows (i.e., flows from controlled or practice blazes) identified by the City to be significant sources of pollutants to waters of the United States;

(f) Any discharge which an authorized enforcement officer, 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, and the environment;

(g) 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 authorized enforcement officer;

(h) Any discharge for which all pollutants have been reduced to the maximum extent practicable.

(Ord. 3355 § 1, effective 10-8-04)

(a) Compliance with NPDES Permits and Notification of Intent. Any industrial discharge activity, or industrial discharger described in a current NPDES general industrial permit shall comply with all requirements of such permit and the industrial discharger shall supply notice of intent to both the permitting agency and the City.

(b) Commercial Businesses. Commercial businesses that are potentially significant sources of storm water pollution but are not subject to a current NPDES general industrial permit shall control storm water discharges to the maximum extent practicable, implement BMPs that effectively prohibit unauthorized non-storm water discharges to the City's MS4 and comply with the provisions of this chapter as applied. The Director may require a commercial facility to develop a local SWPPP. Commercial entities that are potentially significant sources of storm water pollutants include, but are not limited to, auto body shops, auto dealers, auto repair shops, dry cleaners, equipment rentals, nurseries, pet kennels, restaurants and caterers and retail gasoline outlets.

(c) Storm Water Pollution Prevention Plan. All facility operators must prepare, retain on site, and implement a storm water pollution prevention plan as required by current NPDES industrial general permit and shall supply the City with a copy of the SWPPP upon request.

(d) BMP Implementation. Any person engaged in industrial or commercial activities, as, for example ownership/use of facilities tending to produce pollutants such as gasoline stations, parking lots, and industrial or commercial enterprises shall implement control measures to effectively eliminate illegal non-storm water discharges and prevent or reduce all pollutants entering City's MS4 to the maximum extent practicable. This may be accomplished by using good housekeeping measures to prevent or reduce littering, sweeping the business property, manage materials to avoid outdoor storage of grease, oil and other hazardous materials, and through the training and education of managers, employees, independent contractors and others responsible for the activities of the industrial or commercial business. The City has developed storm water BMP brochures for various industrial and commercial businesses and has approved for use the BMPs contained in the California Storm Water Quality Association's "Storm Water Best Management Practice Handbook for Industrial and Commercial."

(e) Inspection. The Director may, whenever necessary, enter a site and make an inspection of an industrial or commercial facility pursuant to Section 5-10.401 to enforce the provisions of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

(a) Compliance with NPDES Permits and Notification of Intent. Any discharge associated with any current construction activity, or discharger described in a current NPDES general construction permit shall comply with all requirements of such permit and the discharger shall supply notice of intent to both the permitting agency and the City.

(b) Local Storm Water Pollution Prevention Plan. Before receiving a construction grading or erosion control permit from the City pursuant to Article 3 of this Code, the discharger shall prepare and submit a local SWPPP to the City. The local SWPPP shall be consistent with (no less stringent than) any current NPDES general construction permit applicable to the discharger.

(1) Prior to the issuance by the City of a discretionary land use approval or any permit authorizing grading or construction for development, or at the discretion of the Director, the property owner shall submit to and obtain the approval of the Director for a local SWPPP when the Director determines that development such as, but not limited to, specific plans, multiphased subdivisions, redevelopment plans and larger planned developments may result in the discharge of significant levels of any pollutant to the MS4.

(2) A local SWPPP shall not be required for construction of one (1) single family detached residence or for a room addition unless the Director determines that the construction may result in the discharge of significant levels of a pollutant into the MS4. This exemption, shall not apply to construction of more than one (1) home at a time by one (1) developer in a residential subdivision.

(3) Each local SWPPP shall name a responsible party for the project.

(4) The owners of a development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved local SWPPP. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of the ordinance codified in this chapter.

(5) The costs and expenses of the City incurred in the review, approval, or revision of any local SWPPP, (or in the approval or revision of any such) shall be charged to the property owner or responsible party and shall be a civil debt owed to the City. The City may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party.

(6) Compliance with the conditions and requirements of a local SWPPP shall not exempt any person from the requirement to comply independently with each provision of this chapter.

(7) In any action at law under this chapter, the City shall have the right to reasonable attorneys fees in addition to its other costs, provided that it is determined by the court to be the prevailing party.

(8) The Director may require that the local SWPPP be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner, or the named responsible party shall be sufficient for the recording of the plans or any revised plan and a signature on behalf of the City shall not be required for recordation.

(9) The Director may require that the terms, conditions and requirements of the approved local SWPPP be placed as a condition on a final or tentative map.

(c) Compliance with Best Management Practices. Every person undertaking any activity or use of a premise which may cause or contribute to storm water pollution or contamination, illegal discharges, or non-storm water discharges shall comply with applicable Best Management Practices guidelines or pollution control. With respect to any new construction, no encroachment or other development related permit shall be issued by the City without the written approval of the Director with respect to the requirements of this section. The Director may adopt requirements identifying appropriate Best Management Practices for any activity, operation or facility which cause or contribute to pollution or contamination of City's MS4. All construction contractors performing work in the City shall conform to the Erosion and Sediment Control Standard of this chapter, City Standard Specifications for Erosion and Sediment Control, and any other standard adopted by the City. The City has approved for use the BMPs contained in the California Storm Water Quality Association's "Storm Water Best Management Practice Handbook for Construction."

(d) Construction Requirements. In addition to any adopted BMPs or other requirements for construction projects adopted by the City, the following requirements shall apply to all projects undergoing construction in the City. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the City.

(1) Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment at construction sites, shall be retained on the site to the maximum extent practicable.

(2) Any sediment or other materials that are not retained on the site shall be removed the same day as the projects are completed. Where determined necessary by the Director, a temporary sediment barrier shall be installed.

(3) Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

(4) No washing of construction or other industrial vehicles shall be allowed on a construction site or property adjacent to a construction site.

(5) Drainage controls shall be utilized as needed, depending on the extent of the proposed grading and topography of the site, including, but not limited to, the following: detention ponds, sediment ponds, infiltration pits, dikes, filter berms, ditches, down drains, chutes, or flumes.

(e) Inspection. The Director may, whenever necessary, enter a site and make an inspection of a construction site pursuant to Section 5-10.401 to enforce the provisions of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

(a) Priority Development Categories. New development and significant redevelopment projects that may require the implementation of BMPs, as determined by the City include, but are not limited to:

(1) Home subdivisions of ten (10) housing units or more. This category includes single-family homes, multi-family homes, condominiums and apartments.

(2) Commercial Developments with Greater than One (1) Acre of Impervious Area. This category is defined as any development on private land that is not for heavy industrial or residential uses where the total impervious land area for development is greater than one (1) acre. The category includes, but is not limited to: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls, hotels; office buildings; public warehouses; and other light industrial facilities.

(3) Automotive Repair Shops. This category is defined as a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539, where the total impervious area for development is greater than five thousand (5,000) square feet.

(4) Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared food and drinks for immediate consumption (SIC code 5812), where the total impervious area for development is greater than five thousand (5,000) square feet.

(5) Parking lots that are five thousand (5,000) square feet or greater, or with twenty-five (25) or more parking spaces and potentially exposed to urban runoff. Parking lot is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce.

(6) Streets and roads. This category includes any paved surface in excess of one (1) acre of impervious area used for the transportation of automobiles, trucks, motorcycles, and other vehicles.

(7) Retail Gasoline Outlets. This category is defined as any facility engaged in selling gasoline with five thousand (5,000) square feet or more of impervious surface area.

(b) Best Management Practices for New Development and Redevelopment Design. To reduce or eliminate the discharge and transport of pollutants, the City may require, in its discretion, new development or redevelopment projects to implement controls to reduce pollutants to the maximum extent practicable. The City shall use the Guidance Manual for New Development Storm Water Quality Control Measures and Standards Specifications to ensure that effective post construction controls are considered and incorporated during the development planning process. The City has approved for use the BMPs contained in the California Storm Water Quality Association's "Storm Water Best Management Practice Handbook for New Development and Redevelopment."

(c) Improvement Plans. Where an improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map; or a development plan is being processed in accordance with the provisions of Title 10 of this Code, such plan shall also be considered as a request to undertake those activities regulated by this chapter. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the standards and requirements set forth in this chapter and other applicable City specifications. For an approved tentative, parcel, or final map, or development plan, any submitted improvement plans shall include provisions to require compliance with the standards and requirements of this chapter and shall include provisions to ensure that selected post construction storm water controls will remain effective upon project completion.

(Ord. 3355 § 1, effective 10-8-04)