Oroville Municipal Code Art. 4 Prohibited Discharges

Except as provided in Section 8.20.170, it shall be unlawful for any person to make or cause to be made an illicit discharge of 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, other than stormwater into the city storm drain system, natural surface waters, or watercourses.

(Ord. 1807 § 1, 2015)

The following nonstormwater discharges to the city storm drain system or natural surface waters are exempt from otherwise applicable discharge prohibition set forth in Section 8.20.160:

A. Any discharge regulated under an NPDES permit, waiver (including conditional waivers of waste discharge requirements for discharges from irrigated lands), or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency or under state authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that prior approval has been granted by the city for any discharge to the storm drain system.

B. The discharge of stormwater containing pollutants that has been reduced to the maximum extent practicable by the application of best management practices approved by the city.

C. Any discharge from any of the following activities, unless the administrator determines any otherwise exempt discharge causes or significantly contributes to violations of the Clean Water Act, Porter-Cologne Act, or this chapter, or conveys significant quantities or concentrations of pollutants to the city storm drain system, natural surface waters, or watercourses:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flow;

4. Rising groundwater;

5. Uncontaminated ground water infiltration;

6. Uncontaminated pumped groundwater;

7. Discharge from potable water sources;

8. Foundation drains;

9. Air conditioner condensate;

10. Irrigation water;

11. Water from natural springs;

12. Water from crawl space pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing or fund raising car washes;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated swimming pool discharges; or

18. Discharges of flows from emergency fire fighting activities.

D. Discharges in excess of an amount deemed by a reasonable person to be incidental runoff shall be controlled. Incidental runoff is defined as unintended amounts (volume) of runoff, such as minimal over-spray from sprinklers that escapes the are of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design if it is due to excessive application, if it is due to intentional overflow, or if it is due to negligence. Parties responsible for controlling runoff shall detect leaks, properly design and aim sprinkler heads, not irrigate during precipitation events and correct and eliminate excess discharges within 72 hours of learning of the excess runoff.

E. Any discharges that the administrator, the city health officer or the regional board determines in writing are necessary for the protection of public health and safety.

F. Any additional categories of nonstormwater discharges determined in writing by the administrator, with written concurrence of the regional board, not to be sources of pollutants to the city storm drain system or natural surface waters.

(Ord. 1807 § 1, 2015)

Notwithstanding the exemptions provided for in Section 8.20.170, if the regional board or the administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any published regional board established receiving water limitation or results in the conveyance of significant quantities or concentrations of pollutants into the city storm drain system or to natural surface waters, or is otherwise a danger to public health or safety, the administrator may give written notice to the discharger that the exception shall not apply to the discharge at issue following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge shall be unlawful. Upon finding that any discharge poses an immediate significant threat to the environment or to public health and safety, the administrator may waive the 30-day waiting period and require immediate cessation of the discharge.

(Ord. 1807 § 1, 2015)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice per Section 8.20.180 of the administrator's determination as to the existence of a threatened prohibited discharge.

(Ord. 1807 § 1, 2015)

A. It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or abatement by the city pursuant to Article 6 of this chapter.

B. The prohibition set forth in subsection A of this section shall apply to illicit connections in existence at the time this chapter becomes effective. Upon the effective date of the ordinance codified in this chapter, any person who maintains an illicit connection shall have 30 days to disconnect and discontinue use of such connection or secure approval of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in Section 8.20.030, may apply to the city for a permit or written permission to continue the connection subject to applicable city standards. The submission of a permit application is not a substitute for compliance with the provisions of this chapter and any applicable requirements of state, federal, and/or city law, irrespective of whether a permit application has been submitted, may be enforced under this chapter. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey a prohibited illicit discharge to the city storm drain system, natural surface waters, or watercourses in violation of this chapter or any provision of state or federal law.

(Ord. 1807 § 1, 2015)

A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. 1807 § 1, 2015)

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

(Ord. 1807 § 1, 2015)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the administrator: 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 at any other reasonable time as determined by the administrator.

(Ord. 1807 § 1, 2015)