San Diego Municipal Code Div. 3 Stormwater Management

and Discharge Control (“Stormwater Management and Discharge Control” added 9–27–1993 by O–17988 N.S.)

The purposes of this Division are to restore and maintain the water quality of receiving waters and further ensure the health, safety and general welfare of the citizens of the City of San Diego by effectively prohibiting non–storm water discharges, including spills, dumping, and disposal of materials other than storm water to the MS4, and by reducing pollutants in discharges from the MS4 to receiving waters to the maximum extent practicable, in a manner pursuant to and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. section 1251 et seq.) and the MS4 permit. (Amended 9-10-2001 by O–18975 N.S.) (Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Best management practices (BMPs) means schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or
reduce to the maximum extent practicable the discharge of pollutants directly or
indirectly to receiving waters. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or
waste disposal, and drainage from raw materials storage.

Employee training program means a documented curriculum that an employer may
be required to implement pursuant to a storm water pollution prevention plan for the
purpose of educating its employees on methods of reducing the discharge of
pollutants to the MS4.

Enforcement agency means the City of San Diego or its authorized agents charged
with ensuring compliance with this Division.

Enforcement official means the City Manager or his designee or any agent of the City
authorized to enforce compliance with this Division.

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General storm water NPDES permit means any NPDES permit issued by the State Water Resources Control Board in accordance with 40 Code of Federal Regulations

Groundwater means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.

Illicit connection means any man-made physical connection to the MS4 that conveys

an illicit discharge.

Illicit discharge means any discharge to the MS4 that is not composed entirely of

storm water, except discharges allowed under an NPDES permit and discharges conditionally allowed under the MS4 permit, as set forth in San Diego Municipal Code section 43.0305. Illicit discharge includes irrigation runoff discharged to the MS4.

Jurisdictional runoff management program means a written description of the specific runoff management measures and programs, including BMPs, that the City will implement to comply with the MS4 permit and ensure that storm water pollutant discharges in runoff are reduced to the maximum extent practicable and do not cause or contribute to a violation of water quality standards. Amendments to the jurisdictional runoff management program shall be approved by the City Manager. A

copy of the currently applicable jurisdictional runoff management program is kept on file with the City Clerk.

Maximum extent practicable means the technology-based standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) for storm water that operators of MS4s must meet. Maximum extent practicable generally emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods serving as a backup.

Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) owned or operated by the City; (ii) designated or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of the Publicly Owned Treatment Works as defined at 40 Code of Federal Regulations section 122.26.

Municipal separate storm sewer system permit (MS4 permit) means Regional Water Quality Control Board Order No. R9-2013-0001, NPDES No. CAS0109266, as may be amended or replaced by a subsequent order.

National Pollutant Discharge Elimination System Permit (NPDES permit) means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Division 7 of the California Water Code to

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Non-storm water discharge means any discharge to or from the MS4 that is not entirely composed of storm water, including illicit discharges and discharges allowed under an NPDES permit.

Notice of violation has the same meaning as in San Diego Municipal Code
section 11.0210.

Pollutant means any agent introduced to the MS4 that may cause or contribute to the
degradation of water quality such that public health, the environment, or beneficial
uses of receiving waters may be affected. Pollutants include solid waste, sewage,
garbage, medical waste, wrecked or discarded equipment, radioactive materials,
dredged spoil, rock, sand, industrial waste, any organic or inorganic contaminant,
fecal coliform, fecal streptococcus, enterococcus, volatile organic surfactants, oil and
grease, petroleum hydrocarbons, total organic lead, copper, chromium, cadmium,
silver, nickel, zinc, cyanides, phenols, and biocides.

Premises means any building, lot parcel, land or portion of land whether improved or
unimproved.

Public nuisance has the same meaning as in San Diego Municipal Code
section 11.0210.

Receiving waters means waters of the United States, as defined under the Clean
Water Act. Receiving waters include surface bodies of water that serve as discharge
points for the MS4, such as creeks, rivers, reservoirs, lakes, lagoons, estuaries,
harbors, bays and the Pacific Ocean.

Regional Water Quality Control Board means the California Regional Water Quality
Control Board, San Diego Region.

Responsible person has the same meaning as in San Diego Municipal Code
section 11.0210.

Storm water means storm water runoff, snow melt runoff, and surface runoff and
drainage resulting from precipitation events.

Storm water pollution prevention plan means a document that describes the BMPs to
be implemented by the owner or operator to eliminate or reduce to the maximum
extent practicable discharges of pollutants to the MS4.
(Amended 9-10-2001 by O–18975 N.S.)
(Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

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This Division shall be interpreted to assure consistency with the requirements of applicable federal and state laws, regulations, orders and permits, and with the purposes and intent of this Division. (“Construction and Application” added 9–27–1993 by O–17988 N.S.)

(a) Except as provided in San Diego Municipal Code section 43.0305, it is unlawful for any person to cause a non-storm water discharge to the MS4.

(b) It is unlawful for any person to cause either individually or jointly any
discharge into or from the MS4 that results in or contributes to a violation of
the MS4 permit.
(Retitled from “Discharge of Non–Stormwater Prohibited” and amended 9–10–2001
by O–18975 N.S.)
(Retitled to “Illicit Discharges” and amended 7-16-2015 by O-20516 N.S.; effective
8-15-2015.)

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The following non-storm water discharges are allowed on the condition that they are addressed as follows:

(a) Any discharge to the MS4 that is regulated under an NPDES permit issued to
the discharger and administered by the State of California pursuant to
Division 7 of the California Water Code is allowed, provided the discharger is
in compliance with all requirements of the NPDES permit and other
applicable laws and regulations.

(b) Non-storm water discharges to the MS4 from the categories listed in
San Diego Municipal Code section 43.0305(b)(1)-(4) are allowed if: (i) the
discharger obtains coverage under NPDES permit No. CAG919001 (Regional
Water Quality Control Board Order No. R9-2007-0034, or subsequent order)
for discharges to San Diego Bay, or under NPDES permit No. CAG919002
(Regional Water Quality Control Board Order No. R9-2008-0002, or
subsequent order) for discharges to surface waters other than San Diego Bay,
and the discharger is in compliance with all requirements of the applicable
NPDES permit and all other applicable laws and regulations; or (ii) the
Regional Water Quality Control Board determines in writing that coverage
under NPDES permit No. CAG919001 or CAG919002 (or subsequent
permits) is not required. Otherwise, non-storm water discharges from the
following categories are illicit discharges:

(1) discharges from uncontaminated pumped groundwater;

(2) discharges from foundation drains when 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) discharges from crawl space pumps;

(4) discharges from footing drains when 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.

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(c) Non-storm water discharges to the MS4 from water line flushing and water main breaks, including discharges from water purveyors issued a water supply permit by the State of California or federal military installations, are allowed if the discharges have coverage under NPDES permit No. CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003, or subsequent order), and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illicit discharges.

(d) Non-storm water discharges to the MS4 from the following categories are
allowed:

(1) discharges from diverted stream flows;

(2) discharges from rising groundwater;

(3) discharges from uncontaminated groundwater infiltration to the MS4;

(4) discharges from springs;

(5) discharges from riparian habitats and wetlands;

(6) discharges from potable water sources, except discharges from water
lines without coverage under an NPDES permit as set forth in
San Diego Municipal Code section 43.0305(c);

(7) discharges from foundation drains when the system is designed to be
located above the groundwater table at all times of the year, and the
system is only expected to produce non-storm water discharges under
unusual circumstances; and

(8) discharges from footing drains when the system is designed to be
located above the groundwater table at all times of the year, and the
system is only expected to produce non-storm water discharges under
unusual circumstances.

(e) Non-storm water discharges from the following categories are allowed if they
are addressed with BMPs as set forth in the jurisdictional runoff management
program. Otherwise, non-storm water discharges from the following
categories are illicit discharges:

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(1) Air conditioning condensation,

(2) Individual residential vehicle washing, and

(3) Water from swimming pools.

(f) Non-storm water discharges to the MS4 from firefighting activities are
allowed if they are addressed as follows:

(1) Non-emergency firefighting discharges. Non-emergency firefighting
discharges, including building fire suppression system maintenance
discharges (e.g. sprinkler line flushing), controlled or practice blazes,
training, and maintenance activities shall be addressed by BMPs as set
forth in the jurisdictional runoff management program to prevent the
discharge of pollutants to the MS4.

(2) Emergency firefighting discharges. During emergencies, priority of
efforts should be directed toward life, property, and the environment
(in descending order). Emergency firefighting discharges shall be
addressed by BMPs that do not interfere with emergency response
operations or impact public health and safety.

(g) Notwithstanding the categories of non-storm water discharges conditionally
allowed by San Diego Municipal Code section 43.0305(a) through (f), if the
Regional Water Quality Control Board or the enforcement official determines
that any of these otherwise conditionally allowed non-storm water discharges
are a source of pollutants to receiving waters, are a danger to public health or
safety, or are causing a public nuisance, such discharges shall be prohibited
from entering the MS4.

(Amended 9–10–2001 by O–18975 N.S.)
(Amended 2-19-2008 by O–19716 N.S; effective 3-24-2008.)
(Retitled to “Conditionally Allowed Non-Storm Water Discharges” and amended
7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

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It is unlawful for any person to establish, use, or maintain any illicit connection to the MS4. (“Discharge in Violation of Permit Prohibited” repealed; “Illegal Connections Prohibited” renumbered from Sec. 43.0307 and amended 9–10–2001 by O–18975 N.S.) (Retitled to “Illicit Connections Prohibited” and amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

Any person engaged in activities which may result in discharges to the MS4 shall, to the maximum extent practicable, undertake all measures to reduce the risk of non- storm water discharges and pollutant discharges. The following requirements shall apply:

(a) BMP Implementation.

Every person undertaking any activity or use of a premises that 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, as may be established by the enforcement
official. BMPs shall be maintained routinely throughout the life of the activity.
Such BMPs include the BMPs set forth in the jurisdictional runoff
management program.

(b) Storm Water Pollution Prevention Plan.

The enforcement official may require any business or operation that is
engaged in activities which may result in pollutant discharges to the MS4 to
develop and implement a storm water pollution prevention plan, which must
include an employee training program and the applicable BMPs from the
jurisdictional runoff management program.

(c) Coordination with Hazardous Materials Release Response Plans and
Inventory.

Any activity subject to the Hazardous Materials Release Response Plan,
Chapter 6.95 of the California Health and Safety Code, shall include in that
Plan provisions for compliance with this Division, including the prohibitions
on non-storm water discharges and illicit discharges, and the requirement to
reduce release of pollutants to the MS4 to the maximum extent practicable.

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(d) Compliance with General Storm Water NPDES Permits.

Each discharger that is subject to any general storm water NPDES permit shall comply with all requirements of such permit. For those activities that discharge to the MS4 under a general storm water NPDES permit, the discharger shall submit monitoring data and analytical evaluation/assessment to the City at the same time reports are submitted to the Regional Water Quality Control Board. (“Illegal Connections Prohibited” renumbered to Sec. 43.0306; “Reduction of Pollutants in Stormwater” renumbered from Sec. 43.0308, retitled and amended 9-10–2001 by O–18975 N.S.) (Retitled to “Reduction of Pollutants in Storm Water” and amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

Any person owning or occupying a premises who has knowledge of any significant release of pollutants or non-storm water discharges from those premises that may enter the MS4 shall immediately take all reasonable action to contain the release and minimize any non-storm water discharge. The person shall notify the enforcement agency within 24 hours of the non-storm water discharge. (“Reduction of Pollutants in Stormwater” renumbered to Sec. 43.0307; “Containment and Notification of Spills” renumbered from Sec. 43.0309 and amended 9–10–2001 by O–18975 N.S.) (Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

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San Diego Municipal Code Chapter 4: Health and Sanitation (8-2015)

Any person owning or occupying a premises through which the MS4 passes shall:

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

(b) 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.
(“Containment and Notification of Spills” renumbered to Sec. 43.0308; “Stormwater
Conveyance System Protection” renumbered from Sec. 43.0310, retitled and
amended 9–10–2001 by O–18975 N.S.)
(Retitled to “MS4 Protection” and amended 7-16-2015 by O-20516 N.S.; effective
8-15-2015.)

(a) The enforcement agency and enforcement official may exercise any enforcement powers as provided in San Diego Municipal Code Chapter 1, Article 3, as may be necessary to effectively implement and enforce this Division.

(b) In addition to the general enforcement powers provided in San Diego
Municipal Code Chapter 1, the enforcement agency and enforcement official
may exercise any of the following supplemental enforcement powers as may
be necessary to effectively implement and enforce this Division:

(1) Sampling Authority. During any inspection, the enforcement official
may take samples deemed necessary in order to implement and
enforce the provisions of this Division. This may include the
installation of sampling and metering devices on private property, or
requiring the responsible person to supply samples.

(2) Notice of Violation. The enforcement official may issue a notice of
violation to any responsible person to cease and desist all activities
that may cause or contribute to a discharge in violation of this
Division. This order may require the responsible person to: (i) comply
with the applicable provisions and policies that govern this Division;
(ii) comply within the designated time frame for compliance; (iii) take
appropriate remedial or preventative action to keep the violation from
recurring.

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(3) Monitoring and Mitigation. The enforcement official may require
reasonable monitoring of discharges from any premises to the MS4
and shall have authority to order the mitigation of circumstances that
may result in illicit discharges.

(4) Storm water pollution prevention plan. The enforcement official shall
have the authority to establish elements of a storm water pollution
prevention plan, and to require any business or operation to adopt and
implement such a plan pursuant to San Diego Municipal Code section
43.0307(b).

(5) Employee training program. The enforcement official shall have the
authority to establish the elements of an employee training program
that is part of a storm water pollution prevention plan.

(6) Best management practices. The enforcement official may establish the BMPs required to be implemented for any premises pursuant to San Diego Municipal Code section 43.0307(a). (“Stormwater Conveyance System Protection” renumbered to Sec. 43.0309; “Enforcement Authority” renumbered from Sec. 43.0311 and amended 9–10–2001 by O–18975 N.S.) (Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

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(a) It is unlawful for any person, business, or association to violate the provisions and requirements of San Diego Municipal Code sections 43.0301 through 43.0309. Violations of these provisions may be prosecuted as misdemeanors subject to the penalties provided in San Diego Municipal Code section 12.0201. The enforcement official may seek injunctive relief or civil penalties in the Superior Court pursuant to San Diego Municipal Code section 12.0202, or pursue any administrative remedy provided in San Diego Municipal Code Chapter 1, Article 2, Divisions 3 through 10.

(b) Administrative civil penalties assessed pursuant to San Diego Municipal Code
Chapter 1, Article 2, Division 8 for violations of any of the provisions and
requirements of San Diego Municipal Code sections 43.0301 through 43.0309
shall be assessed at a maximum rate of $10,000 per day per violation. The
maximum amount of civil penalties shall not exceed $100,000 per parcel or
structure for any related series of violations.

(c) As part of any civil action filed pursuant to San Diego Municipal Code
section 12.0202 to enforce any provisions of San Diego Municipal Code
sections 43.0301 through 43.0309, a court may assess a maximum civil
penalty of $10,000 per day per violation.
(“Enforcement Authority” renumbered to Sec. 43.0310; “Enforcement Remedies”
renumbered from Sec. 43.0312 and amended 9-10-2001 by O–18975 N.S.)
(Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)

Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (“Enforcement Remedies” renumbered to Sec. 43.0311; “Remedies Not Exclusive” renumbered from Sec. 43.0313 and amended 9–10–2001 by O–18975 N.S.)

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Article 3: Environmental Health Quality Controls

(Retitled from “Water Quality Controls” on 3-8-1994 by O-18047 N.S.)