Mountain House Municipal Code Ch. 3 Prohibitions

No person shall discharge, permit to be discharged or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(a) Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this Division: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; uncontaminated groundwater infiltration (as defined at 40 CFR Section 35.2005(20)) to the storm drain system; foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated nonindustrial roof drains; springs; individual residential and occasional noncommercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and discharges or flows from fire fighting activities.

(b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City for any discharge to the storm drain system.

(c) With written concurrence of the council, the City may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system nor to waters of the United States.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The construction, use, maintenance or continued existence of illicit connections to the storm drain 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) The Stormwater Management and Discharge Control Officer may require written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Division to eliminate or secure approval for the connection by a specific date.

(Ord. 2024-23, § 1(Exh. A), 2024)

No person shall throw, discard, deposit, leave, maintain, keep, or permit to be thrown, discarded, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

(Ord. 2024-23, § 1(Exh. A), 2024)

No person shall allow a spill to discharge into the City storm drain system or any watercourse.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any discharge that would result in or contribute to a violation of an NPDES permit and any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this Division 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 related to such discharge.

(a) Any person subject to an Industrial NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the Stormwater Management and Discharge Control Officer upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(b) Any person subject to a Construction Activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the Stormwater Management and Discharge Control Officer prior to or as a condition of a subdivision map, site plan, building 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, a copy of the notice of intent (NOI) and the stormwater pollution prevention plan (SWPPP) shall be submitted to the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Division shall constitute a violation of such provisions and punishable as a misdemeanor.

(Ord. 2024-23, § 1(Exh. A), 2024)