Solvang Municipal Code Ch. 2 Discharge Prohibitions

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

A. Illicit discharges from industrial and/or commercial sources into the storm drain system or waters of the state include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit, or as allowed by the proper application of BMPs as specified within the BMP guide adopted by the city:

1. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

2. Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial activities;

3. Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners (individual residential car washing is exempt per subsection B of this section);

4. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

5. Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

6. Vehicle fluids;

7. Mat wash and hood cleaning water from food service facilities;

8. Food and kitchen cleaning water from food service facilities;

9. Leakage from dumpsters or trash containers;

10. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;

11. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;

12. Wastewater or cleaning fluids from carpet cleaning;

13. Pools, spas, and backwash water containing chlorine, salt, diatomaceous earth, or any other pollutant is not permitted;

14. Washout from concrete trucks;

15. Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed per subsection C of this section;

16. Super chlorinated water normally associated with the disinfection of potable water systems;

17. Construction wastes such as dirt, sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.;

18. Sewage or other forms of pollutants from recreational activities including boating and camping, and from recreational vehicles and boats;

19. Wine, beer, and/or distillery manufacturing wastes such as beverage (alcoholic and non-alcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, waste alcohol, or other associated industry waste;

20. Cooking oil/grease from food service facilities;

21. Sediment run-off from commercial/industrial properties;

22. Trash and debris accumulation from commercial and industrial facilities.

B. The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described as follows:

1. Discharges other than stormwater to waters shall be effectively prohibited, except for the following non-stormwater discharges which are not prohibited, provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. This provision does not obviate the need to obtain any other appropriate permits for such discharges:

a. Water line flushing;

b. Individual residential car washing;

c. Diverted stream flows;

d. Rising groundwater;

e. Uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(20)) to separate storm sewers;

f. Uncontaminated pumped ground water;

g. Discharges from potable water sources;

h. Foundation drains;

i. Air conditioning condensation;

j. Springs;

k. Water from crawl space pumps;

l. Footing drains;

m. Flows from riparian habitats and wetlands;

n. Dechlorinated swimming pool discharges; and

o. Incidental runoff of landscape areas (as defined in accordance with subsection B.4 of the Order).

2. Discharges or flows from fire-fighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to the waters of the U.S. If the city determines that any individual or class of non-stormwater discharge(s) listed above may be a significant source of pollutants to waters of the U.S., or poses a threat to water quality standards (beneficial uses), the city may require the discharger to monitor and submit a report and to implement BMPs on the discharge.

C. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the city of Solvang for any discharge to the storm drain system.

D. With written concurrence of the regional board, the city may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system or waters of the state.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

A. The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection or discharges had been established or approved prior to the effective date of the ordinance codified in this title.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

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 director 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 for any other reasonable cause.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)