San Joaquin County Municipal Code Ch. 2 Discharge Regulations

No person shall permit or cause the discharge of any wastewater, pollutant, substance or material of any kind into the County storm drainage system which interferes with the operation or performance of the County storm drainage system or which violates any condition of the County NPDES Permit or any other Federal, State, or local regulation.

(Ord. 3966 § 1 (part), 1998)

No person shall permit or cause the discharge of any of the following substances to the County storm drainage system.

(a) Any substance which will cause the County to violate its NPDES Permit, its State Storm Water Permit or any applicable receiving water quality standards.

(b) Swimming pool water, in areas not served by sanitary sewers filtered, dechlorinated swimming pool water may be discharged to the storm water sewer.

(c) Pollutants in excess of the amount that the Director has determined can be removed to the maximum extent practicable.

Wastes prohibited by this section shall not be stored in such a manner that they could be discharged to the County storm drainage system either directly or indirectly. All floor drains located in process or material storage areas shall not discharge to the County storm drainage system. Floor drains shall be connected to a sanitary sewer system with pretreatment facilities as required by operator of the sanitary sewer system and the San Joaquin County Health Department or to a waste recovery/storage system approved by the San Joaquin County Health Department.

(Ord. 3966 § 1 (part), 1998)

(a) The general discharge prohibitions shall not apply to any discharge regulated under a separate NPDES Permit issued to a discharger in accordance with provisions of the Clean Water Act provided that such discharge is in compliance with all requirements of the Permit and all other applicable laws and regulations.

(b) Discharge from the following activities shall be allowed unless such discharges are identified by the control authority as sources of pollutants to waters of the United States:

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

(2) Landscape and lawn watering.

(3) Diverted stream flows or rising groundwater.

(4) Uncontaminated groundwater, infiltration to separate storm sewers.

(5) Uncontaminated pumped groundwater.

(6) Water from foundation and footing drains, crawl space pumps and air conditioning condensation.

(7) Spring water or flow from riparian habitats and wetlands.

(8) Individual residential car washing.

(9) Street wash water.

(10) Flows from fire fighting, unless identified as significant sources of pollutants.

(c) Discharges of water originating from a public water system are also subject to the provisions of any County Water Conservation Ordinance, rule or regulation.

(Ord. 3966 § 1 (part), 1998)

All users listed in 40 CFR, Subchapter N, shall comply with the effluent limitation guidelines as set forth therein, except where the Director has adopted a more stringent effluent limitation for a pollutant, then the more stringent limitation shall apply. When the County limit is more stringent than the Federal limit, the Director shall notify all known users affected by the standard.

(Ord. 3966 § 1 (part), 1998)

All users identified in the Level 1 PIF which discharge or propose to discharge to any County storm drainage system shall obtain a COA from the control authority. Applications for a COA shall be made to the County of San Joaquin Department of Public Works.

(a) COA may be issued for a specified time period, not to exceed five (5) years, or may expire on a specific date as stated in the COA. The COA may be modified by the County prior to its expiration when just cause exists. The user shall be notified of any new or proposed changes in the terms of the COA at least thirty (30) days prior to the effective date of any change. The Director may allow a reasonable time schedule for compliance with any changed or new conditions.

(b) A Condition of Acceptance issued to a user shall specify, in detail, the requirements for self monitoring, sampling, reporting, notification and record keeping for the user. It shall also state any applicable Federal, State, and local effluent limitation and the administrative, civil, and criminal penalties which may be pursued in case of noncompliance. Nothing in this section shall preclude the County from imposing other penalties allowed by law.

(Ord. 3966 § 1 (part), 1998)

The Director may issue a COE from the annual sampling requirements of the California General Industrial Permit to any user upon application. If an industry can demonstrate that it has implemented BMPs and has eliminated onsite risks of storm water pollution, that industry may be granted an exemption from sampling. The specific criteria for exemption will be developed by the County and approved by the RWQCB prior to implementation of the program. The filing or granting of a COE shall not relieve the user from its obligation to comply with the following conditions at the time application is made:

(a) The user shall develop and implement an effective SWPPP and identify and implement appropriate BMPs for the facility.

(b) The user shall make available monitoring data sufficient to substantiate the effectiveness of the BMPs.

(c) The user shall meet all requirements of the general permit including certifications regarding elimination of illicit connections.

Users requesting a COE must submit their NOI and SWPPP to the Department of Public Works with supporting data as appropriate. Applications shall be submitted by July 1 of the year preceding the year for which the exemption is being requested. Applications to renew/extend COE made by the same user for the same use covered by the previously granted COE, shall be requested in writing and consist of (I) visual monitoring and annual inspection reports, (II) revisions to the SWPPP, (III) annual report to RWQCB and (IV) any supplemental data deemed appropriate to support the application, unless otherwise requested by the County.

Certificates of Exemption are issued to a specific user for a specific site, not to exceed five (5) years in duration. A certificate shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation, and shall not extend to an increase in usage, discharge, or operations by an existing user without the written approval of the County. Any succeeding owner or user shall apply for a sampling exemption certificate sixty (60) days prior to change of ownership or the exemption shall expire.

(Ord. 3966 § 1 (part), 1998)

Any discharge which would result in or contribute to a violation of the County'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 harmless the County against any claim, expense, liability, or payment for injury or damage to any person or property and shall defend, indemnify, and hold harmless the County in any administrative or judicial enforcement or any legal action resulting from such discharge.

(Ord. 3966 § 1 (part), 1998)

Pursuant to 40 Code of Federal Regulations 122.26(d) (2) (iv) (B) and this division, it shall be unlawful for any person to establish, use, maintain, or continue illicit drainage connections to the County storm drainage system, and to commence or continue any illicit discharges to the County storm drainage system. This prohibition shall apply to connections in existence at the time of the adoption of the ordinance codified in this division, irrespective of whether such connection was made under a permit or other authorization or whether permissible under the laws or practices applicable or prevailing at the time the connection was made. At the time of final adoption of the ordinance codified in this division, any user who maintains an illicit connection shall, within thirty (30) days from the effective date of the ordinance codified in this division, disconnect and discontinue use of said connection.

(Ord. 3966 § 1 (part), 1998)

Any person engaged in activities which will or may result in pollutants entering the County storm drainage system shall undertake all practicable measures to reduce the introduction of such pollutants. Examples of such activities include, but are not limited to, ownership and use of facilities such as parking lots, gasoline stations, industrial facilities, stores fronting streets, etc. With regard to such activities, the following minimum requirements shall apply:

(a) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, or left, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, fountain, pond, lake, stream, or any other body of water in any park within the County of San Joaquin, or any other drainage structures, business place, or upon any public or private plot of land in the County, so that the same might be or become a pollutant. This section shall not apply to the storing of such potential pollutants in containers or in lawfully established waste disposal facilities, or the placement of leaves in accordance with rules and regulations established for the annual leaf pick up program in areas served by the program.

(b) Owners and Operators of Parking Lots and Similar Structures. Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure, shall clean those structures as frequently and thoroughly as practicable in a manner that minimizes the discharge of pollutants to the County storm drainage system.

(Ord. 3966 § 1 (part), 1998)

(a) The Director may adopt regulations establishing controls (I) on the volume and rate of storm water runoff for each industrial discharger, discharger associated with construction activity, or other discharger, described in any general Storm Water Permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Central Valley Region, or (II) for discharges from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. The Director may require any developer or construction contractor performing work in the County to submit a Storm Water Pollution Prevention Plan prior to final map approval by the County or prior to issuance of a building permit by the County, whichever first occurs.

(b) Where Best Management Practice guidelines or requirements have been adopted by any Federal, State, regional, County, and/or city agency, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharges of non-storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be identified by the Director.

(c) Any person who is required to obtain a NPDES Permit or is required to file a NOI for coverage under a general Storm Water Permit, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the RWQCB, Central Valley Region, shall provide a copy of any application, permit, SWPPP, or other documentation to the Director.

(Ord. 3966 § 1 (part), 1998)