Shasta County Municipal Code Div. II Discharge Prohibitions

It shall be unlawful for any person to discharge, or cause to be discharged to the county storm water conveyance system or to receiving waters:

A. Any pollutant;

B. Any non-storm water discharge, except as provided in Section 18.10.100;

C. Any storm water discharge which results in, or contributes to a violation of a receiving water limitation or a violation of an NPDES permit.

(Ord. No. 2016-03, § I, 4-26-2016)

The following discharges are exempt from the otherwise applicable non-storm water discharge prohibition set forth in Section 18.10.90:

A. Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger, and administered by the state pursuant to Division 7 Chapter 5.5 of the California Water Code, provided that any such discharge is in compliance with all requirements of the NPDES permit, waiver, or order and all other applicable laws and regulations.

B. Any discharge from any of the following activities, provided that any such discharge does not cause or contribute to the violation of any receiving water limitation and appropriate control measures to minimize the impacts of such discharges are developed and implemented as determined by the resource management or public works director. This provision does not obviate the need to obtain any other appropriate permits for such discharges:

1. Water line flushing.

2. Individual residential car washing.

3. Diverted stream flows.

4. Rising ground waters.

5. Uncontaminated groundwater infiltration (as defined in 40 CFR § 35.2005(20)) to separate storm sewers.

6. Uncontaminated pumped groundwater.

7. Discharges from potable water sources.

8. Foundation drains.

9. Air conditioning condensation.

10. Springs.

11. Water from crawl space pumps.

12. Footing drains.

13. Flows from riparian habitats and wetlands.

14. Dechlorinated and untreated swimming pool discharges.

15. Incidental runoff from landscaped areas.

16. Discharges or flows from fire-fighting activities.

C. Any discharges which the resource management or public works director, in concert with the regional board, determines in writing are necessary for the protection of public health or safety.

D. Additional categories of non-storm water discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the resource management or public works director upon approval of the regional board, as provided in the MS4 permit, or any successor permits.

(Ord. No. 2016-03, § I, 4-26-2016)

Notwithstanding the exemptions provided for in Section 18.10.100 above, if the regional board or the resource management or public works director determine that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to receiving waters, or is otherwise a danger to public health or safety, the resource management or public works director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of such thirty-day period, any such discharge shall be unlawful.

Upon finding that any continuance of the discharge poses a significant threat to the environment or to public health and safety, the resource management or public works director may waive the thirty-day waiting period and require immediate cessation of the discharge.

(Ord. No. 2016-03, § I, 4-26-2016)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the resource management or public works director's determination as to the existence of a threatened prohibited discharge.

(Ord. No. 2016-03, § I, 4-26-2016)

A. The construction, use or continued existence of illicit connections to the county storm water conveyance system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Upon the effective date of the ordinance codified in this chapter, any person who maintains an illicit connection shall have thirty days or a time determined by the resource management or public works director from the effective date of the ordinance codified in this chapter to disconnect and discontinue use of such connection.

C. The resource management or public works director may require by written notice that a person responsible for an illicit connection to the storm water conveyance system comply with the requirements of this chapter to eliminate the illicit connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

D. 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. No. 2016-03, § I, 4-26-2016)

Any person subject to an NPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the resource management or public works director prior to or as a condition of a parcel map, tentative map, entitlement, building permit, grading permit, business license, or encroachment permit; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 2016-03, § I, 4-26-2016)