Montclair Municipal Code Art. VII Discharges into the Storm Drain System

The following nonstormwater discharges are allowed under the general construction permit so long as they comply with BMPs, including, but not limited to, BMPs as described in a project's stormwater pollution prevention plan (SWPPP); and they do not cause or contribute to violation of any water quality standard:

A. Landscape irrigation of erosion control measures;

B. Waterline flushing and testing as provided in Section 9.24.240 of this chapter;

C. Street washing;

D. Dewatering;

E. Dust control;

F. Soil compaction;

G. Discharges of nonstormwater as may be necessary for practical performance and completion of certain construction projects.

(Ord. 99-791 Exh. A (part); prior code § 6-9.801)

The following activities are prohibited.

A. Discharging of nonstormwater runoff directly or indirectly to the City storm drain system or any street or lined or unlined drainage ditch, which leads to the public storm drain system unless such discharge is allowed under Section 9.24.240 of this chapter or is permitted by an NPDES permit. If such discharge is permitted by Section 9.24.240 of this chapter or an NPDES permit but causes the City to violate any portion of its NPDES permit for stormwater discharges, such discharge is also prohibited.

B. Throwing, depositing, placing, leaving, maintaining, or keeping or permitting to be thrown, deposited, placed, left, maintained or kept any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, or other drainage structure, business place, or upon any public or private lot of land in the City so that the same might be or become a pollutant.

C. Throwing or depositing litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the City.

(Ord. 99-791 Exh. A (part); prior code § 6-9.802)

(Ord. No. 10-915, § 1, 8-2-10)

The following discharges are exempt from the prohibited discharges listed in Section 9.24.230 of this chapter:

A. Discharges for which an approval has been issued by the Regional Board Office or State Board including discharges authorized under NPDES permits issued by the State or Regional Boards.

B. Discharges from potable waterline flushing and other potable water sources.

C. Discharges from firefighting and fire hydrant testing and flushing.

D. Discharges from landscape irrigation, lawn watering, and other irrigation activities.

E. Diverted stream flows.

F. Rising groundwaters and natural springs.

G. Uncontaminated groundwater infiltration (as defined in 40 CFR Part 35.2005(20)).

H. Passive foundation drains.

I. Air conditioning condensate.

J. Water from crawlspace pumps.

K. Passive footing drains.

L. Noncommercial vehicle washing, e.g., residential car washing (excluding engine degreasing) and car washing for fundraisers by nonprofit organizations.

M. Flows from riparian habitats and wetlands.

N. Dechlorinated swimming pool discharges (cleaning wastewater and filter backwash shall not be discharged into the storm drain system or to the waters of the U.S.).

O. Emergency fire fighting flows (i.e., flows necessary for the protection of life and property) do not require BMPs and need not be prohibited). Appropriate BMPs to reduce the discharge of pollutants consistent with the MEP standard must be implemented when they do not interfere with health and safety issues.

P. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d).

Q. Other types of discharges identified and recommended by the permittee and approved by the Regional Board.

(Ord. 99-791 Exh. A (part); prior code § 6-9.803)

(Ord. No. 10-915, § 1, 8-2-10)

A. Each discharger shall provide spill containment and/or protection from accidental discharge of prohibited materials or other substances regulated by this chapter.

B. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or discharger's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of such facility. Review and approval of such plans and operating procedures shall not relieve the discharger of the responsibility to modify the discharger's facility as necessary to meet the requirements of this chapter. In case of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the City of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions taken.

C. Written Notice. Within five days following an accidental discharge, the discharger shall submit to the City Engineer a detailed written report describing the cause of the discharge and the measures to be taken by the discharger to prevent similar occurrences. Such notification shall not relieve the discharger of any fines, civil penalties, or compliance with all applicable laws and legal requirements.

D. Notice to Employees. A notice shall be permanently posted on the discharger's bulletin board or other prominent place advising employees of whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(Ord. 99-791 Exh. A (part); prior code § 6-9.804)