Article I — General Provisions

This chapter shall be known as the "City of Temecula Stormwater and Urban Runoff Management and Discharge Control Ordinance (Water Quality Ordinance)." (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

The purpose and intent of this chapter is to protect the water quality of city watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 USC Section 1342) and California Porter-Cologne Water Quality Control Act, in order to ensure the future health, safety, and general welfare of the citizens of this city by:

• A. Establishing requirements to prevent urban runoff into and from the storm drain system;

• B. Establishing requirements to reduce pollutants in stormwater to the maximum extent practicable;

• C. Establishing requirements for development projects for permanent water quality control measures;

• D. Establishing requirements to reduce pollutant discharges from construction sites, existing commercial and industrial businesses and activities, and existing residential neighborhoods; and

• E. Establishing requirements to prevent illicit connections and illegal discharges into and from the storm drain system.

• (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

The city engineer shall formulate a manual setting forth administrative rules, procedures, and requirements necessary to implement the provisions of this chapter. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control (Stormwater and Urban Runoff Manual)." The city engineer shall have the authority to change, update or revise the Manual as necessary in order to implement the provisions of this chapter and all revisions thereto arising from time to time.

In the event of any conflict between the Manual and this chapter, the more restrictive provisions shall govern. The provisions of the Manual, to the extent they are made conditions of a permit issued by the city, shall be binding. All revisions to the Manual shall be reviewed and approved by the city engineer and take effect immediately upon approval. (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and California's Porter-Cologne Water Quality Control Act, and any amendments thereof, and all applicable implementing regulations, and any existing or future NPDES permits, and any amendments or revisions thereto or re-issuance thereof. (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater or urban runoff, and/or the protection of stormwater and urban runoff quality.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

The city intends to cooperate with other co-permittees and agencies with jurisdiction over stormwater and urban runoff discharges to control the contribution of pollutants throughout the shared portions of the copermittees' storm drain system and to ensure that the regulatory purposes underlying stormwater and urban runoff regulations promulgated pursuant to the Federal Clean Water Act (33 USC Section 1251 et seq.) and California's Porter-Cologne Water Quality Control Act are met.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

The city may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

Article II

Prohibited and Exempted Discharges, Illicit Connections, and Liabilities

• A. The following discharges are prohibited:

  1. Discharges into and from MS4s in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in CWC Section 13050), in receiving waters within the city;

  2. Discharges into and from MS4s that may cause or contribute to exceedances of water quality objectives, violations to designated beneficial uses or state policy with respect to maintaining high quality waters, or to the degradation of water quality such that a condition of pollution or contamination is created or aggravated;

  3. Discharges listed in the Regional Board's Water Quality Control Plan for the San Diego Basin (Basin Plan);

  4. Urban runoff into and from MS4s, unless exempted under Section 8.28.210, Exempted discharges, of this chapter, or authorized by a separate NPDES permit issued by the Regional Board, State Water Resources Control Board (State Board), or Environmental Protection Agency (EPA);

  5. Sewage;

  6. Wash water from hosing or cleaning gas stations, vehicle maintenance facilities, or other related services;

  7. Wash water from hosing, cleaning, repairing, or maintaining motorized equipment or machinery;

  8. Runoff containing pollutants associated with construction sites, activities, materials, or waste;

  9. Runoff containing pollutants associated with industrial sites, activities, materials, or waste;

  10. Runoff from mobile operations such as automotive detailing, window washing, carpet and drape cleaning, pet services, power washing, etc.;

  11. Runoff from hosing or cleaning parking lots, streets, alleys, gutters, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas and their associated trash enclosures, etc.;

  12. Runoff from material storage areas containing toxic or hazardous chemicals, fuels, grease, oil, and other related substances;

  13. Swimming pool and other non-potable water containing chlorine, biocides, chemicals, filter or acid backwash, or other pollutants;

  14. Sediment, pet waste, and trash;

  15. Runoff containing pollutants associated with landscape activities, materials, or waste;

  16. Runoff containing pollutants associated with food-related establishments, activities, materials, or wastes;

  17. Runoff caused by irrigation water.

• (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

• A. The following discharges are exempt from discharge prohibitions established by this chapter:

  1. Diverted stream flows;

  2. Rising groundwater;

  3. Uncontaminated groundwater infiltration;

  4. Uncontaminated pumped groundwater;

  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 other than fire sprinkler system maintenance and testing (discharges from fire sprinkler maintenance and testing require a separate NPDES permit);

  12. Individual residential car washing, unless the city, San Diego Regional Water Quality Control Board, State Water Resources Control Board, or EPA identifies the discharge as a source of pollutants to watercourses;

  13. Emergency firefighting flows due to firefighting activities; and

  14. Swimming pool water, provided such discharges are de-chlorinated and do not contain biocides, chemicals, filter or acid backwash, or other pollutants.

• (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2; Ord. 19-16 § 1)

• A. No person shall:

  1. Cause, permit, allow, or facilitate any agent, employee, or independent contractor, to establish, construct, maintain, operate or utilize any illicit connection;

  2. Cause, permit, allow, or facilitate any prohibited discharge listed in Section 8.28.200 (Prohibited discharges) into or from any illicit connection;

  3. Cause, permit, allow or facilitate any discharge that would result in or contribute to a violation of the city's MS4 permit, any state general permit, or any other NPDES permit issued by the Regional Board, the State Board, or EPA, either separately or in combination with other discharges, into or from any illicit connection.

• B. The prohibition against illicit connections shall apply, regardless of whether the connection was established prior to the date on which the ordinance codified in this chapter was enacted.

• C. A civil or administrative violation of this chapter shall occur, regardless of a person's negligence or their intent to construct, maintain, operate or utilize an illicit connection or to cause, permit, allow, or facilitate any prohibited discharge.

• (Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

• A. NPDES MS4 Permit. Any discharge that results in or contributes to a violation of the city's most current version of its NPDES MS4 permit or any amendment or revision thereto or re-issuance thereof either separately considered or when combined with other discharges, is a violation of this chapter and 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 immediately eliminate the discharge and defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

• B. NPDES Permits for Commercial, Industrial, Construction and Dewatering Activities. Any person associated with commercial, industrial, construction, dewatering or other activities and discharges subject to the city's current NPDES MS4 permit or any other NPDES permit issued by the San Diego Regional Water Quality Control Board (Regional Board), State Water Resources Control Board (State Board), or Environmental Protection Agency (EPA) shall comply with all requirements of such permits. Proof of compliance with said NPDES general permits may be required by the city engineer prior to issuance of any city grading, building, or occupancy permits.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

Liability for any illicit connection shall be the responsibility of the person(s) causing or responsible for the connection, and such person(s) shall immediately eliminate the illicit connection and defend, indemnify and hold harmless the city in any administrative or judicial action relating to such connection.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)