Tracy Municipal Code Art. 2 Discharge Restrictions

Except as provided in section 11.34.060 of this chapter, it is unlawful for any person to make or cause to be made any nonstormwater discharge. Notwithstanding the exemptions provided by section 11.34.060 of this chapter, if the Regional Board or the Director determine that any otherwise exempt discharge causes or significantly contributes to violations of any basin plan or NPDES permit standard, or conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the stormwater conveyance system. Liability for any illegal 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 City from all losses, liabilities, claims, or causes of action in any administrative or judicial action relating to such discharge.

(Ord. 1072 § 1 (part), 2005)

Subject to the authority granted to the Regional Board and the Director in section 11.34.050 of this chapter, the following discharges to the stormwater conveyance system are exempt from the prohibition set forth in section 11.34.050 of this chapter.

(a) Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to division 7, chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations.

(b) Discharges from the following activities shall not be prohibited unless the Director identifies such discharges as sources of pollutants to waters of the State or the United States:

(1) Water line, well flushing and other discharges from potable water sources;

(2) Landscape irrigation and lawn watering;

(3) Rising ground waters or springs;

(4) Passive foundation and footing drains;

(5) Water from crawl space pumps and basement pumps;

(6) Air conditioning condensate;

(7) Individual residential vehicle washing;

(8) Natural flows from riparian habitats and wetlands;

(9) Dechlorinated swimming pool discharges where residential chlorine does not exceed 0.1 mg/l (parts per million) and pH is between 6.5 and 8.5;

(10) Flows from fire suppression activities, including fire hydrant flows and fire hydrant flow testing;

(11) Waters not otherwise containing wastes as defined in California Water Code section 13050(d) and California Health and Safety Code section 25117;

(12) Diverted stream flows; and

(13) Uncontaminated ground water infiltration (as defined at 40 CFR 5.2005(20)) to the stormwater conveyance system.

(c) Any discharge, which the Director, the local health officer, or the Regional Board determines in writing, is necessary for the protection of the public health and safety.

(d) Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the Director.

(e) Irrigation and drainage waters under control of the West Side Irrigation District that are being conveyed in shared facilities.

(f) With written concurrence of the Regional Board, the Director may exempt in writing other non-stormwater discharges that are neither a source of pollutants to the stormwater conveyance system nor waters of the State or the United States.

(g) Discharges of pumped groundwater not subject to an NPDES permit may be permitted to discharge to the stormwater conveyance system upon written approval from the Director and in compliance with conditions of approval set forth by the City.

(Ord. 1072 § 1 (part), 2005)

The construction, use, maintenance or continued existence of illicit connections to the stormwater conveyance system is strictly prohibited. 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.

(Ord. 1072 § 1 (part), 2005)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this chapter.

(Ord. 1072 § 1 (part), 2005)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. 1072 § 1 (part), 2005)

(a) No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment any solid or liquid waste, including any hazardous material or pollutant, in or upon any part of the stormwater conveyance system, or upon any public or private premises in the City, or cause, suffer, or permit any solid or liquid waste or pollutant to come to be located upon, in, on or under any premises in the City, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility or publicly owned or privately owned treatment works. Solid waste deposited in City streets in proper waste receptacles for purposes of collection is exempted from this prohibition.

(b) No person shall dispose of leaves, grass or other clippings, dirt or any other landscape debris into any part of the stormwater conveyance system. Leaves placed into City streets in accordance with section 5.20.340 of this Code are exempted from this prohibition.

(c) No person shall dispose of any pesticide, fungicide, or herbicide banned by, or not registered with, the United States Environmental Protection Agency or the California Department of Pesticide Regulation, or its successor, into any part of the stormwater conveyance system.

(d) No person shall dispose of any hazardous material into any civic litter container or any other trash receptacle accessible to the public.

(e) No person shall discharge oil or grease, or the residue of oil or grease onto any parking lot, or any part of the stormwater conveyance system.

(f) No person shall place any washout water or other liquid in any container for the disposal of solid waste.

(g) No person shall wash restaurant, automotive service facility or retail gasoline outlet floor mats in any place where the wash or rinse water may flow into any part of the stormwater conveyance system.

(Ord. 1072 § 1 (part), 2005)

(a) Any person subject to a State Industrial Activity Stormwater Permit for stormwater discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(b) Any person subject to a State Construction Activity Stormwater Permit for stormwater discharge 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, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. 1072 § 1 (part), 2005)

The City shall, by resolution, adopt a Manual of Stormwater Quality Control Standards for New Development and Redevelopment, which includes requirements identifying best management practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the stormwater conveyance system, or waters of the State or the United States. Where best management practices requirements are promulgated by the City or any federal, state, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the stormwater conveyance system or waters of the State or the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

(a) Commercial activities - stormwater pollution prevention plan. The Director may require any person in the City that is engaged in commercial activities that may result in pollutant discharges to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Commercial activities that may require a stormwater pollution prevention plan include, but are not limited to:

(1) Maintenance;

(2) Storage;

(3) Manufacturing;

(4) Assembly;

(5) Equipment operations;

(6) Vehicle loading or fueling; or

(7) Cleanup procedures that are carried out partially or wholly out of doors.

(b) New development and redevelopment.

(1) The City's Manual of Stormwater Quality Control Standards for New Development and Redevelopment shall include requirements identifying appropriate design standards and best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. To the extent permitted by law, the City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.

(2) Any person performing construction in the City shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations including but not limited to the State Construction Activity Stormwater Permit and the City grading, erosion and sediment control policies.

(c) City.

(1) The Director will develop controls as appropriate to minimize the long-term, post construction discharge of stormwater pollutants from new City development projects or modifications to existing City facilities. Controls may include source control measures to prevent pollution of stormwater and/or treatment controls designed to remove pollutants from stormwater.

(2) Any person performing construction work on a City project shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations including but not limited to the State Construction Activity Stormwater Permit and the City grading, erosion and sediment control policies.

(d) Responsibility to implement best management practices.

(1) Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a), (b), and (c) of this section, any person engaged in activities, operations, or owning facilities or property which will or may cause, result or contribute to the entry of pollutants into stormwater, the stormwater conveyance system, or waters of the State or the United States shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes, materials or substances into the stormwater conveyance system or watercourses at the owner or operator's expense.

(2) A written compilation of best management practices required by the Director may be obtained from the Director by requesting the document appropriate to the relevant commercial or industrial activity from the set of public improvement design standards.

(e) Maintenance agreements.

(1) The City shall require that all structural and non-structural permanent stormwater best management practices not within the control of the City shall be the subject of an enforceable maintenance agreement to ensure the system functions as designed.

(2) The maintenance agreement shall provide for the conveyance of any and all easements or other permissions necessary to provide the City with adequate access to the relevant sites in order to facilitate necessary inspections of the stormwater best management practices and to perform routine maintenance as required.

(3) Each maintenance agreement shall specify the parties responsible for the proper maintenance of all stormwater best management practices.

(Ord. 1122 § 2, 2008: Ord. 1072 § 1 (part), 2005)

(a) In addition to any other requirement imposed by this Code, any state or federal law or any permit issued thereunder, the owner of any area of disturbed land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities, and which is not covered by an impervious surface, shall comply with the following requirements:

(1) Properly placed erosion and sediment controls shall be in place during the rainy season, from October 15 through April 15 of the year immediately following.

(2) Properly placed wind erosion controls shall be in place from April 15 through October 15 of each year.

(b) Back yards of residential single-family dwellings that would otherwise be covered by this section are exempt when stormwater runoff from the back yard is contained on the property.

(Ord. 1072 § 1 (part), 2005)

The Director may require by written notice that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the stormwater conveyance system or to the waters of the State or the United States, is to undertake at said person's expense, such monitoring and analyses and to furnish such reports to the City as the Director shall deem necessary for determining that person's compliance with this chapter.

(Ord. 1072 § 1 (part), 2005)

(a) Any person subject to a State Industrial Activity Stormwater Permit for stormwater discharge shall maintain a spill prevention and response plan as part of their stormwater pollution prevention plan. The methods, procedures, mechanisms and facilities established and utilized for the purpose of preventing accidental discharges or spills of materials with pollution potential shall be provided and maintained at the owner's or person's own cost and expense. The stormwater pollution prevention plan shall outline a spill prevention and response procedure, describe the nature and location of any chemicals stored on the person's premises, and shall contain procedures for immediately notifying the City and preventing adverse impacts of any discharge of chemicals, substances, or materials.

(b) Any business required to have a hazardous materials release response and inventory plan under chapter 6.95 (commencing with section 25500) of division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

(c) Any business required to have a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, title 22, sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

(Ord. 1072 § 1 (part), 2005)

No person shall allow a spill, which is not composed entirely of stormwater, to discharge into the stormwater conveyance system or any watercourse.

(Ord. 1072 § 1 (part), 2005)

(a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected spill which has resulted or may result in an illegal discharge or the discharge of any pollutant into stormwater, the stormwater conveyance system, or waters of the State or the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such spill.

(b) In the event that a person becomes aware of a spill of hazardous materials, that person shall immediately notify emergency response officials of the release via emergency dispatch services by calling 911.

(c) If any spill results in a discharge of hazardous materials emanating from a commercial or industrial establishment, the owner or operator of such establishment shall retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least five (5) years from the date of the spill.

(d) In the event of a spill of non-hazardous materials, the responsible person shall notify the City's Public Works Department in person, by phone or facsimile as soon as possible, but not later than 5:00 p.m. of that business day or by the end of the shift during which the spill occurred. If the spill occurs after business hours (later than 5:00 p.m.) notification shall be made to the City Police Department on its non-emergency line. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City's Public Works Department within three (3) business days of the spill.

(Ord. 1072 § 1 (part), 2005)