Truckee Municipal Code Ch. 11.02 Prohibitions

No person shall:

A. Discharge, permit to be discharged, or cause to be discharged, any non-stormwater into any part of the MS4 or into any part of a watercourse except in compliance with the requirements of this chapter and in compliance with any separate individual or general NPDES permit, except as provided by the exemptions in Section 11.03.020 of this chapter;

B. Cause, allow or facilitate any illicit discharge; and/ or

C. Discharge any material into the MS4 or any watercourse with the Town's jurisdiction that may cause or threaten to cause a condition of pollution, contamination, or nuisance within the meaning of California Water Code Section 13050 or that may cause or contribute to a violation of the Town's NPDES permit, the Clean Water Act or the Porter Cologne Water Quality Control Act or any applicable water quality standard.

A. Discharges from the following activities shall not be prohibited, provided that appropriate control measures are implemented:

1. Water line flushing and discharges from potable water sources;

2. Incidental runoff from landscape irrigation;

3. Diverted stream flows;

4. Springs, rising groundwater, and flows from riparian habitat and wetlands;

5. Uncontaminated groundwater infiltration as defined by federal law;

6. Uncontaminated pumped groundwater, foundation drains, footing drains, and water from crawl space pumps;

7. Air conditioning condensation;

8. Individual residential car washing;

9. Dechlorinated swimming pool discharges; and

10. Firefighting flows.

B. Notwithstanding the conditional exemptions provided in subsection A of this section, if the Town Manager, independently or at the direction of the Regional Board, determines that a conditionally exempt discharge is a significant source of pollutants, threatens water quality standards, causes or significantly contributes to a violation of any receiving water limitation, results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Town Manager may prohibit, limit, or direct the control of such discharge and may take any enforcement option available under this chapter.

A. No person shall:

1. Construct, use, maintain, operate, or utilize any illicit connections to the MS4.

2. Act, cause, permit or suffer any agent, employee, or independent contractor to construct, maintain, operate or utilize any illicit connection.

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.

Any person subject to a construction and/or industrial NPDES stormwater discharge permit shall comply with all provisions of such permit and any regulations or ordinances promulgated thereto, including requirements of grading and erosion prevention requirements of the Town. Proof of compliance with such permit may be required in a form acceptable to the enforcement agency prior to or as a condition of a subdivision map, site plan, building permit, or development, redevelopment, or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

Any discharge that would result in or contribute to a violation of any NPDES permit for stormwater discharges to the Town issued by the California State Water Resources Control Board or Regional Water Quality Control Board and 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) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the Town in any administrative or judicial enforcement action relating to such discharge, including payment of the Town's attorney's fees, expert witness fees, and costs resulting from any such administrative or judicial proceedings.

The standards set forth herein and promulgated pursuant to this title are minimum standards. This title does not intend or imply that compliance to these minimum standards will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the waters of the State. This title shall not create liability on the part of the Town, or any agent or employee thereof, for any damage that results from any discharger's reliance upon this title or any administrative decision made thereunder.

Every person responsible for any premises within the Town shall control incidental runoff from the premises by taking the following actions:

A. Detect and correct leaks within 72 hours of learning of the leak;

B. Properly design and aim sprinkler heads, in accordance with the Town of Truckee Municipal Code Section 18.40.050 Landscape Standards;

C. Cease watering during precipitation events;

D. Properly manage ponds containing recycled water such that no discharge occurs in violation of any applicable permit, state or local law or regulation; and

E. Take any action necessary to prevent the discharge of non-stormwater to the Town's stormwater system or to the waters of the State or United States.

Any person owning or occupying premises who have knowledge of any illicit discharge from or across those premises, which might enter the storm, drain system shall:

A. Immediately report discharge or spill of hazardous materials to emergency response officials via emergency dispatch services (i.e., by calling 911);

B. Immediately take all reasonable action to contain and abate the illicit discharge; and

C. Notify the enforcement agency or its designated contact person within twenty-four (24) hours of the illicit discharge. The enforcement agency may require the owner of the property and/or the responsible person to take corrective actions within a specified time pursuant to this title and may require cessation of activities until discharge problems are adequately addressed if a situation persists where pollutant-causing sources or activities are not abated.

D. In addition to the above requirements, release of any hazardous materials, sewage, oil, or petroleum to any waters of the State, or discharged or deposited where it is or probably will be discharged in or on any waters of the State, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code.

Any business located in Truckee and subject to Nevada County's and/or the Town of Truckee's hazardous materials inventory and release response plan shall include, at the first opportunity for revision, provisions in that plan for compliance with this title and applicable laws regarding hazardous materials and releases thereof.