Chapter 29

STORM WATER MANAGEMENT AND DISCHARGE CONTROL

§ 29-1. Title. [Ord. No. 1153, § 29.01; Ord. No. 1231-15.]

This chapter shall be known as the City "Storm Water Management and Discharge Control Ordinance" and may be cited as such.

§ 29-2. Purpose. [Ord. No. 1153, § 29.02; Ord. No. 1231-15.]

• (a) The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the City by controlling non-storm water discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water, and by reducing pollutants in urban storm water discharges to the maximum extent practicable.

• (b) This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq.), by reducing pollutants in storm water discharges to the maximum extent practicable, and by prohibiting non-storm water discharges into the storm drain system.

§ 29-3. Definitions. [Ord. No. 1153, § 29.03; Ord. No. 1231-15.]

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates a different meaning.

BEST MANAGEMENT PRACTICES — Means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and

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City of Oakdale, CA § 29-3

OAKDALE CITY CODE

§ 29-3

other management practices designed to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States (33 CFR Section 328.3). "Best management practices" also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage. BMPs are required to be implemented and maintained in a manner that is consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.

CITY — Means the City of Oakdale.

CLEAN WATER ACT — Means the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY — Includes any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to storm water. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

DEVELOPMENT — Means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single- or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction.

EMPLOYEE TRAINING PROGRAM — Means a documented employee training program that may be required to be implemented by a business pursuant to a storm water pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the storm water conveyance system.

ENFORCEMENT AGENCY — Means the City of Oakdale.

ENFORCEMENT OFFICIAL — Means the Director of Public Services, or his or her designee, or any agent of the City authorized to enforce compliance with this chapter.

HAZARDOUS MATERIALS — Means any material, including any substance, waste or combination thereof, that, because of its quality, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed (Cal. Health & Safety Code § 25117).

ILLEGAL DISCHARGE — Means any discharge to the storm water conveyance system that violates this chapter, or is prohibited by Federal, State or local laws, or that degrades the quality of receiving waters in violation of any plan standard.

ILLICIT CONNECTIONS — Means physical connection to the storm water conveyance system that is not authorized by the City and/or the Central Valley Regional Water Quality Control Board.

INDUSTRIAL ACTIVITY — Means activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14) .

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT — Means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Division 7, Chapter 5.5 of the Cal. Water Code (commencing with § 13370), to control discharges from point sources to waters of the United States.

NON-COMMERCIAL VEHICLE WASHING — Means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non-profit fundraising is being conducted in the

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City of Oakdale, CA § 29-3

STORM WATER MANAGEMENT AND DISCHARGE

§ 29-5

washing of those vehicles.

NON-STORM WATER DISCHARGE — Means any discharge to the storm water conveyance system that is not entirely composed of storm water.

PERSON — Means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee or otherwise.

PLAN STANDARD — Means any or all applicable requirements of the basin plan or any other approved plan.

POLLUTANT — Means any contaminant that can degrade the quality of the receiving water in violation of any plan standard.

PUBLIC SERVICES DIRECTOR — Means the Public Services Director of the City of Oakdale.

STORM WATER — Means surface runoff and drainage associated with storm events, which is free of pollutants to the maximum extent practicable.

STORM WATER CONVEYANCE SYSTEM — Means those artificial and natural facilities within the City, whether publicly or privately owned, by which storm water may be conveyed to a watercourse or waters of the United States, including any roads, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP) — Means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project to eliminate non-storm water discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the storm water conveyance system.

SURFACE WATER — Means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.

WATERCOURSE — Means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets. Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation.

§ 29-4. Discharge of non-storm water prohibited. [Ord. No. 1153, § 29.04; Ord. No. 1231-15.]

• (a) Except as provided in section 29-6, it is unlawful for any person to make or cause to be made any non-storm water discharge.

• (b) Notwithstanding the exemptions provided for by section 29-6, if the Central Valley 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 conveys significant quantities of pollutants to surface waters or watercourses, or is a danger to public health or safety, such discharge shall be prohibited.

§ 29-5. Exceptions to discharge prohibition. [Ord. No. 1153, § 29.05; Ord. No. 1231-15.]

Subject to the authority granted to the Regional Water Quality Control Board and the enforcement official

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City of Oakdale, CA § 29-5

OAKDALE CITY CODE

§ 29-7

in section 29-5, the following discharges to the storm water conveyance system are exempt from the prohibition set forth in section 29-5.

• (a) Any discharge of connections regulated under a NPDES permit issued to the discharger and administered by the state to Division 7, Chapter 5.5 of the Cal. 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 plan standard:

  • (1) Water line flushing and other discharges from potable water sources;

  • (2) 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;

  • (3) Rising groundwaters or springs;

  • (4) Passive foundation and footing drains;

  • (5) Water from crawl space pumps and basement pumps;

  • (6) Air conditioning condensation;

  • (7) 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;

  • (8) Natural flows from riparian habitats and wetlands;

  • (9) Dechlorinated swimming pool discharges;

  • (10) Flows from fire suppression activities, including fire hydrant flows;

  • (11) Waters not otherwise containing wastes as defined in Cal. Water Code § 13050(d) and Cal. Health & Safety Code § 25117;

  • (12) Diverted stream flows;

  • (13) Uncontaminated groundwater infiltration to separate storm sewers;

• (14) Any discharge that 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;

  • (15) 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.

§ 29-6. Groundwater discharges. [Ord. No. 1153, § 29.06; Ord. No. 1231-15.]

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

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City of Oakdale, CA § 29-7 STORM WATER MANAGEMENT AND DISCHARGE

§ 29-11

§ 29-7. Illicit connections prohibited. [Ord. No. 1153 § 29.07; Ord. No. 1231-15.]

Prohibition of Illicit Connections.

• (a) The construction, use, maintenance or continued existence of illicit connections to the storm water 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.

§ 29-8. Concealment and abetting. [Ord. No. 1153, § 29.08; Ord. No. 1231-15.]

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

§ 29-9. Acts potentially resulting in violation of the Federal Clean Water Act or the Porter-Cologne Act. [Ord. No. 1153, § 29.09; Ord. No. 1231-15.]

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 that 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. §§ 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (Cal. Water Code Section §§ 13000 et seq.), and may be subject to the sanctions of those acts, including civil and criminal penalties.