40.2 — DISCHARGE REGULATIONS, EXEMPT DISCHARGES, AND REQUIRED ACTIVITIES

(a)

Illegal discharges. The discharge of pollutants or non-storm water into the storm water conveyance system or receiving waters is prohibited, except as exempted in section 40.2.2 of this chapter.

(b)

Illegal connection. The establishment, maintenance, use, or continuation of an illegal connection is prohibited, even if the connection was established pursuant to a valid city permit and was legal at the time it was constructed.

(c)

Liability for illegal discharge. Liability for any illegal discharge shall be the responsibility of the person(s) causing, contributing, or responsible for the illegal discharge, and such person(s) shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(d)

Litter, dumps, and stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited.

(e)

Violation of NPDES permit. Any discharge that would result in or contribute to a violation of RWQCB Order No. R-9-2013-0001 (NPDES Permit No. CAS0109266) and any amendment, revision, reissuance thereof, or subsequent order, either separately considered or when combined with other discharges, is prohibited.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 3, 12-17-2014)

All non-stormwater discharges must be addressed as illicit discharges unless a non-stormwater discharge is either identified as a discharge authorized by a separate NPDES permit, or identified as a category of non-storm water discharges or flows that must be addressed pursuant to the following requirements:

(a)

Discharge of non-storm water to the city MS4 from the following categories are illicit discharges unless the discharge has coverage under NPDES Permit No. CAG919002 (Order No. R9-2008-0002, or subsequent order; commonly called "Groundwater Dewatering Permit") for discharges to surface waters other than San Diego Bay:

(1)

Uncontaminated pumped ground water;

(2)

Discharges from foundation drains (if not covered under an NPDES permit, the discharge is only prohibited if the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year);

(3)

Water from crawl space pumps;

(4)

Water from footing drains (if not covered under an NPDES permit, the discharge is only prohibited if the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year);

(b)

Discharges of non-storm water from water line flushing and water main breaks, including those from water purveyors issued water supply permit by the California Department of Public Health or federal military installations, to the MS4 are illicit discharges unless the discharge has coverage under NPDES Permit No. CAG 679001 (Order No. R9-2010-0003 or subsequent order).

(c)

The following categories of non-storm water discharges are illicit discharges only if the city or the RWQCB identifies the discharge as a source of pollutants to receiving waters:

(1)

Diverted stream flows;

(2)

Rising ground water;

(3)

Uncontaminated ground water infiltration to storm drains;

(4)

Springs;

(5)

Flows from riparian habitats and wetlands;

(6)

Discharges from potable water sources;

(7)

Discharges from foundation drains; (only applies if the system is designed to be located above the groundwater table at all times of year and is only expected to discharge under unusual circumstances) and

(8)

Discharges from footing drains (only applies if the system is designed to be located above the groundwater table at all times of year and is only expected to discharge under unusual circumstances).

(d)

Discharges of non-storm water to the MS4 from the following categories are subject to BMPs set out in section 40.2.3 and must be controlled, where feasible, through installation, implementation, and maintenance of the specifically applicable minimum BMPs outlined below. Any discharge not controlled by the specific BMPs below will be considered and addressed by the city as an illicit discharge:

(1)

Air conditioning condensation;

(i)

The discharge of air conditioning condensation shall be directed to landscaped areas or other pervious surfaces where feasible.

(2)

Individual residential vehicle washing;

(i)

The discharge of wash water shall be directed to landscaped areas or other pervious surfaces where feasible.

(3)

Dechlorinated swimming pool discharges;

(i)

Where feasible, the discharge of non-saline pool waters must be directed to landscaped areas or other pervious surfaces that can accommodate the volume of water;

(ii)

Residual chlorine, algaecide, filter backwash, and other pollutants must be eliminated prior to discharging pool water to the MS4; and

(iii)

The discharge of saline swimming pool water shall be diluted to lower the salt concentration and directed to landscaped areas or other pervious surfaces that can accommodate the volume of water unless the saline swimming pool water can be discharged via a pipe or concrete channel directly to a naturally saline water body (e.g. Pacific Ocean).

(e)

Firefighting discharges. Firefighting discharges to the MS4 are considered illicit discharges if the city or San Diego Water Board identifies the discharge as a significant source of pollutants to receiving waters. Firefighting discharges to the MS4 not identified as a significant source of pollutants to receiving waters must be addressed, at a minimum, as follows:

(1)

Non-emergency firefighting discharges.

(i)

Building fire suppression system maintenance discharges (e.g. sprinkler line flushing) to the MS4 is considered an illicit discharge unless BMPs are implemented to prevent pollutants associated with such discharges to the MS4.

(ii)

Non-emergency firefighting discharges (i.e. discharges from controlled or practice blazes, firefighting training, and maintenance activities not associated with building fire suppression systems) are subject to BMPs set out in section 40.2.3 to reduce or eliminate pollutants in such discharges from entering the MS4.

(2)

Emergency firefighting discharges.

(iii)

The city encourages implementation of BMPs to reduce or eliminate pollutants in emergency firefighting discharges to the city MS4 and receiving waters within its jurisdiction. During emergency situations, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs should not interfere with immediate emergency response operations or impact public health and safety.

(f)

If the city or RWQCB identifies any category of non-storm water discharges listed under section 40.2.2 as a source of pollutants to the MS4 or receiving waters, the category will be considered and addressed as an illicit discharge.

(g)

Exemptions to protect public health and safety. Discharges determined by any authorized enforcement official or by authorized enforcement staff to be necessary to protect public health and safety are exempt from discharge prohibitions established by this chapter, provided any conditions on such discharges imposed by the authorized enforcement official or authorized enforcement staff are satisfied. In emergency circumstances, the determination of an authorized enforcement official or authorized enforcement staff that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official or by authorized enforcement staff. In non-emergency situations, a prior written determination is required to exempt a discharge.

(h)

On-site wastewater systems. Discharges to the subsurface from permitted properly functioning on-site wastewater systems are not prohibited by this chapter.

(i)

Unimproved property. BMPs listed in section 40.2.3 are required to be implemented to reduce or eliminate discharges, which may contain sediment, from vacant unimproved property where no land disturbance activity has ever occurred.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 4, 12-17-2014)

dischargers.

(a)

Applicable requirements. All dischargers in the city must comply with the generally applicable prohibitions and requirements in sections 40.1 through 40.2 of this chapter, and must also comply with any other parts of this chapter that are applicable to the type of facility or activity owned or operated by that discharger. In addition, all dischargers and potential dischargers shall implement all effective pollution prevention BMPs and procedures outlined in the city's jurisdictional runoff management program (JRMP) plan.

(b)

Minimum best management practices for all dischargers. All dischargers in the city must install, implement and maintain at least the following minimum BMPs:

(1)

Eroded soils. Prior to rain events, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the MS4 system or receiving waters during the rain event.

(2)

Pollution prevention. Dischargers shall implement storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous.

(3)

Prevention of illicit discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed), and illicit discharge practices eliminated, refer to section 40.2.2.

(4)

Slopes. Completed slopes that are more than five (5) feet in height, more than two hundred fifty (250) square feet in total area, and steeper than 3:1 (run-to-rise) that have been disturbed at any time by clearing, grading, or landscaping, shall be protected from erosion prior to the first rain event following completion of the slope, and continuously thereafter.

(5)

Storage of materials and wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water, or contains contaminated runoff for treatment and disposal.

(6)

Use of materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the MS4 system.

(7)

Every person undertaking any activity or use of a premises which may cause or contribute to storm water pollution or contamination, illicit discharges, or non-storm water discharges to the MS4 shall comply with BMP guidelines or pollution control requirements outlined in the city's JRMP plan or as may be established by the enforcement official as necessary to prevent pollution. BMPs shall be maintained routinely throughout the life of the activity.

(c)

Inspection, maintenance, repair and upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before, during, and following rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances.

(d)

Storm water pollution prevention plan. An authorized enforcement official may require a commercial, industrial or land disturbance activities discharger to prepare and submit a SWPPP for approval by that official if: (1) the discharger does not come into compliance with this chapter after one or more warnings or other enforcement action, because BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this chapter. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement and maintain the BMPs specified in the approved SWPPP.

(1)

The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water. If the facility is an industrial facility, the SWPPP submitted to the city shall at a minimum meet the requirements of the state NPDES general industrial storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the city shall at a minimum meet the requirements of the state NPDES general construction storm water permit. The authorized facility representative (or legally responsible person) shall ensure that the SWPPP content and formatting is consistent with requirements set forth in the general industrial storm water permit and general construction storm water permit, as applicable. If a facility, required to submit a SWPPP to the city, discharges non- storm water to ground water, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP.

(2)

The SWPPP document (including any associated records of amendments, employee training certifications or document reviews) shall be kept on the facility grounds during regular business hours, and must be made available for review to any authorized enforcement official.

(e)

MS4 protection. Every person owning or occupying property through which the MS4 passes shall:

(1)

Keep and maintain that part of the property reasonably free of trash, debris and other obstacles which would pollute, contaminate, or retard the flow of water through the MS4; and

(2)

Maintain existing structures within or adjacent to the MS4 so that those structures will not become a hazard to the use, function, or physical integrity of the MS4.

(f)

Notification of spills, releases and illegal discharges. Spills, releases, and illegal discharges of pollutants into receiving waters or into the MS4 system shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges of pollutants into receiving waters or into the MS4 system that pose a threat to human or environmental health shall be

reported to the City of Oceanside Fire Department immediately after discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge.

(g)

Sampling, testing, monitoring, and reporting. Commercial, industrial or land disturbance activities dischargers shall perform the sampling, testing, monitoring and reporting required by this chapter. In addition, an authorized enforcement official or authorized enforcement staff may conduct testing or monitoring or order a discharger to conduct testing or monitoring and to report the results to the city if: (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official or authorized enforcement staff determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official or authorized enforcement staff; or (4) repeated violations have been documented by written notices from authorized enforcement officials or authorized enforcement staff; or (5) the RWQCB requires the city to provide any information related to the discharger's activities.

Testing and monitoring ordered pursuant to this subsection may include the following:

(1)

Visual monitoring of dry weather flows, wet weather erosion, and/or BMPs;

(2)

Visual monitoring of premises for spills or discharges;

(3)

Laboratory analyses of storm water or non-storm water discharges for pollutants;

(4)

Background or baseline monitoring or analysis; and

(5)

Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger).

The authorized enforcement official or authorized enforcement staff may direct the manner in which the results of required testing and monitoring are reported, and may determine when required sampling, testing or monitoring may be discontinued.

(h)

Mitigation. All illicit discharges and illegal connections must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illicit discharge. The authorized enforcement official or authorized enforcement staff who issued notice to the discharger, shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official or authorized enforcement staff may require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 4, 12-17-2014)

Editor's note— Ord. No. 14-OR0762-1, § 5, adopted Dec. 17, 2014, repealed § 40.2.4, which pertained to city urban runoff requirements manuals and derived from Ord. No. 02-OR103-1, § 2, adopted Feb. 6, 2002.

(a)

Permit issuance. No land owner or development project proponent shall receive any city grading, clearing, building or other land development permit required for land disturbance activity or land development activity without first meeting the requirements of this chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. The issuance of a permit for land disturbance activity or land development activity that is not in conformance with this chapter shall be deemed null and void and shall not prevent enforcement of this chapter.

(b)

Legally responsible person. The legally responsible person, as defined in section 40.1.3, performing land disturbance activities (including, but not limited to, construction activities) in the city are dischargers for purposes of this chapter.

(c)

Minimum BMPs for land disturbance activities. Whether a city permit or approval is required or not, and whether a urban runoff management plan is required to be submitted or not, all dischargers engaged in land disturbance activities shall implement required BMPs as detailed in the city JRMP plan.

(d)

Control to the maximum extent practicable. All dischargers engaged in land disturbance activities must install, implement and maintain BMPs which effectively prevent non-storm water discharges into the MS4. All dischargers engaged in land disturbance activities must install, implement and maintain BMPs to reduce pollutant discharges in urban runoff from land disturbance to the MEP. BMPs must be site specific, seasonally appropriate, construction phase appropriate and implemented at the site year-round. BMPs are not limited to and must be implemented in the following categories:

(1)

Project planning;

(2)

Good site management, including waste;

(3)

Non-storm water management;

(4)

Erosion control;

(5)

Sediment control, including, but not limited to, dust control and offsite tracking;

(6)

Run-on and run-off control; and

(7)

Active/passive sediment treatment systems, where applicable.

(e)

Notice of intent. Dischargers required to comply with the state construction general storm water permit shall maintain on site and make available for inspection on request by the city any state-issued waste discharge identification number (WDID) for the site, and a copy of the notice of intent (NOI) filed with the RWQCB pursuant to that permit. Failure to obtain a WDID and NOI when required to do so by the state construction general storm water permit is a violation of this chapter.

(f)

Storm water pollution prevention plan. Dischargers required to prepare a SWPPP under the state general construction storm water permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state-required SWPPP is a violation of this chapter.

(g)

Facility monitoring. Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official or authorized enforcement staff.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 6, 12-17-2014)

redevelopment projects.

(a)

Legally responsible person. The legally responsible person, as defined in section 40.1.3, performing land disturbance activities (including, but not limited to, construction activities) in the city are dischargers for purposes of this chapter.

(b)

Storm water mitigation plan. All applications to the city for a permit or approval associated with a land disturbance activity must be accompanied by a storm water mitigation plan. The storm water mitigation plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including, but not limited to, the applicable BMPs required by subsection (e) below. Approval of a formal amendment to the storm water mitigation plan must be granted by the city prior to altering any storm water BMPs.

(c)

Post-construction best management practices required. Land development and redevelopment projects with the potential to add pollutants to urban runoff or to affect the flow rate or velocity of urban runoff after construction is completed, shall be designed to include and shall implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives.

(d)

Urban runoff management plan review deposit. [Reserved]

(e)

Minimum BMPs for land development activities. All new development and redevelopment projects are required to comply with the city BMP design manual.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 7, 12-17-2014)

(a)

Existing development. Residential, commercial, industrial and developer dischargers, as well as other dischargers required by this chapter to implement BMPs shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter.

(b)

New development. The owners and occupants of lands on which structural post-construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs, and

shall themselves maintain those BMPs if other persons or entities who are also obliged to maintain those BMPs (by contract or covenant, or pursuant to this chapter) fail to do so.

(c)

Maintenance obligations assumed by contract or other agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the city pursuant to this chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contact or agreement will also be legally obliged to maintain that BMP pursuant to this chapter.

(d)

Obligation to maintain BMPs not avoided by contracts or other agreements. For purposes of city enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter.

(e)

Disclosure of maintenance obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer.

(f)

Maintenance plans for land development projects. The proponents of any land development project or redevelopment project that requires a discretionary city permit, shall provide to the city for review and approval prior to issuance of such permit, a plan for maintenance of all structural post-construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all structural post-construction BMPs at least annually and for the retention of inspection and maintenance records for at least three (3) years.

(g)

Access easement/agreement. The proponents of any land development project or redevelopment project that requires a discretionary city permit, shall provide to the city for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which structural post-construction BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs.

(h)

Assurance of maintenance for land development projects. The proponents of any land development or significant redevelopment project that requires a discretionary permit, shall provide to the city prior to issuance of such permit, proof of a mechanism acceptable to the city which will ensure ongoing long-term

maintenance of all structural post-construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless and until an alternative mechanism for ensuring maintenance is accepted by the city and becomes effective.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 02-OR760-1, § 3, 12-4-02; Ord. No. 14-OR0762-1, § 8, 12-17- 2014)

SECTION 40.3. - INSPECTION, ENFORCEMENT, VIOLATIONS, AND PENALTIES