Salinas Municipal Code § 29-11 Discharge in violation of permit

Nonstormwater discharges to the city storm drain system are prohibited, except as specifically allowed in Section 29-10. No person shall contribute or cause to be contributed, directly or indirectly, to the city's storm drainage system any pollutant, wastewater or any substance or material which will interfere with the operation or performance of the storm drainage system, violate the city's NPDES permit or violate other applicable law or regulations.

(Ord. No. 2473 (NCS), § 1.)

(a) The general discharge prohibition shall not apply to any discharge regulated under an NPDES permit, or, in the case of a non-point source discharge, a waiver or waste discharge order issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency ("USEPA"), provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws or regulations.

(b) Unless otherwise determined by the city engineer, discharges from the following activities shall not be considered a source of pollutants 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 chapter:

(1) Diverted stream flows;

(2) Rising ground waters;

(3) Uncontaminated ground water infiltration [as defined by 40 CFR Section 35.2005(20)];

(4) Uncontaminated pumped ground water;

(5) Foundation drains;

(6) Springs;

(7) Water from crawl space pumps;

(8) Footing drains;

(9) Air conditioning condensation;

(10) Flows from riparian habitats and wetlands;

(11) Water line flushing;

(12) Lawn and landscape irrigation from potable water sources;

(13) Discharges from potable water sources;

(14) Irrigation water;

(15) Individual residential car washing; and

(16) Dechlorinated or debrominated swimming pool/spa water.

(c) Discharges or flows from firefighting activities are excluded from the non-stormwater discharge prohibition and need only be addressed where identified as significant sources of pollutants to water of the United States.

(Ord. No. 2473 (NCS), § 1.)

Any discharge not managed in accordance with the city's stormwater management program as referenced in the city's NPDES permit or any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold the city harmless against any litigation, administrative proceeding, claim, expense, liability, fine, penalty or payment for injury or damage to any person or property resulting from such discharges.

(Ord. No. 2473 (NCS), § 1.)

(a) An authorized enforcement officer may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(b) Unauthorized nonstormwater discharges include, but are not limited to, the following:

(1) Sanitary sewer overflows;

(2) Discharges of wash water resulting from the hosing off or cleaning of gas stations, vehicle repair services, or other types of automotive service facilities;

(3) Discharges resulting from the storage, cleaning, repair, or maintenance of any type of equipment, machinery, or facility including, but not limited to, motor vehicles, cement-related equipment, and portable toilet servicing;

(4) Discharges of wash water from mobile operations including, but not limited to, mobile vehicle washing, steam cleaning, power washing, and carpet cleaning;

(5) Discharges of wash water from the cleaning of impervious surfaces in municipal, industrial and commercial areas including, but not limited to, parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas;

(6) Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials;

(7) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals and discharges of pool or fountain filter backwash water;

(8) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes;

(9) Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water);

(10) Discharge of runoff from washing toxic materials from paved or unpaved areas; and

(11) Discharge of materials such as litter, landscape debris, construction debris, or any state or federally banned pesticides.

(Ord. No. 2473 (NCS), § 1.)