Article II — DISCHARGE REGULATIONS AND REQUIREMENTS

Non-surface water discharges to the city surface water drain system are prohibited. No person shall contribute or cause to be contributed, directly or indirectly, to the city's surface water drainage system any pollutant, wastewater or any substance or material which will interfere with the operation or performance of the surface water drainage system, violate the city's NPDES permit or violate other applicable law or regulations. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) The general discharge prohibition shall not apply to any discharge regulated under a NPDES permit, waiver or waste discharge order issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws or regulations. (B) Discharges from the following activities shall not be considered a source of pollutants to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this chapter: (1) Potable water line flushing and other discharges from potable water sources; (2) Landscape irrigation and lawn watering; (3) Irrigation water, diverted stream flows or rising groundwaters; (4) Groundwater infiltration to surface water drain system; (5) Uncontaminated pumped groundwater; (6) Uncontaminated water from foundation and footing drains, and from crawl space pumps; (7) Air conditioning condensation; (8) Uncontaminated nonindustrial roof drains; (9) Spring water or flows from riparian habitats and wetlands; (10) Individual residential and occasional non-commercial car washing; (11) Dechlorinated swimming pool discharges; (12) Street wash waters; and (13) Flows from firefighting. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

Any discharge not managed in accordance with the city's surface water management program as referenced in the city's NPDES permit or 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) causing or responsible for the discharge, and such person(s) shall defend, indemnify, hold harmless the city against any litigation, administrative proceeding, claim, expense, liability, fine, penalty or payment for injury or damage to any person or property resulting from such discharges. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

The authorized enforcement officer may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

It is unlawful for any person to establish, use, maintain or continue illicit discharges or illicit drainage connections to the city surface water drainage system. This prohibition shall apply to connections in existence at the time of the adoption of the ordinance codified in this chapter, irrespective of whether such connection was made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time the connection was made. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

The authorized enforcement officer may require by written notice that a person responsible for an illicit connection to the surface water drain system comply with the requirements of this article to eliminate or secure approval for the 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 article. If, subsequent to eliminating a connection found to be in violation of this article, the responsible person can demonstrate that an illegal discharge will no longer occur; such person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) Any person engaged in activities, which will, or may result in pollutants entering the city surface water drainage system shall undertake all practicable measures to reduce the introduction of such pollutants. 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 surface water drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. (B) The city's surface water management program shall establish minimum requirements that apply to pollutant generating activities within the city. With regard to such activities, the following minimum requirements shall apply. (1) Littering. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed or left, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or any other drainage structures, business place or upon any public or private plot of land in the city, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, irrigation canal or any other body of water in a park or elsewhere in the city. This section shall not apply to the storing of such potential pollutants in containers or in lawfully established waste disposal facilities. (2) Owners of abutting property. The occupants, tenants, owners, lessees and/or proprietors of any real property in the City of Tulare in front of which there is a paved sidewalk shall be responsible for maintaining such sidewalk and keeping the same free of dirt and litter to the maximum extent practicable. Sweepings from such sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on such real property as required for the disposal of garbage. (3) Owners and operators of parking lots and similar structures. Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure, shall clean those structures in a manner that does not result in discharge of pollutants to the city surface water drain system. (4) Best management practices for construction sites. All construction shall comply with city Standards to Control Excavations, Cuts, Fills, Clearing, Grading, Erosion and Sediments (or any resolution that revises, supplements, or replaces said standards). Any construction contractor performing work in the city shall keep debris and dirt out of the city's surface

water drain system. The authorized enforcement officer may require any construction contractor performing work in the city to submit a surface water pollution prevention plan prior to final map approval by the city or prior to issuance of a building permit by the city, whichever first occurs. (5) Best management practices for new development and redevelopment. The authorized enforcement officer may adopt regulations establishing controls on the volume and rate of surface water runoff for new development and redevelopment within the city as may be appropriate to minimize the discharge and transport of pollutants. (6) Notification of intent and compliance with general permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Central Valley Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges. Furthermore, each discharger identified in an individual NPDES permit relating to surface water discharges shall comply with and undertake all activities required by such permit. (7) Compliance with best management practices. Where best management practices guidelines or requirements have been defined in the city's surface water management program or adopted by any federal, state, regional, county and/or city agency, for any activity, operation or facility which may cause or contribute to surface water pollution or contamination, and/or discharges of non-surface water to the surface water system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements. Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering surface water, the surface water drain system or waters of the U.S. 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 into the municipal surface water drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. (8) Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove such vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) Each facility shall provide protection from spills of hazardous or prohibited materials or other substances regulated by this chapter. 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 to the city, and maintained at the owner's own cost and expense. (B) Facilities required to file a NOI for coverage under the California general industrial activities stormwater permit shall submit to the city a copy of the surface water pollution prevention plan (SWPPP) prepared for the general permit. The SWPPP shall outline the user's spill prevention and response procedure, describe the nature and location of any chemicals stored on the user's premises and shall contain procedures for immediately notifying the city and preventing adverse impacts of any discharge of such chemicals, substances or materials. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) All persons in charge of a facility or responsible for emergency response for a facility have a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city surface water drain system. (B) As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non- surface water discharge entering the city surface water drain system, such person shall take all necessary steps to ensure the discovery, containment and clean up of such release and notify the city of the occurrence within two hours of becoming aware of the occurrence. (C) In the event of a release of hazardous materials, such person shall telephone 911 to report the release immediately. In the event of a release of nonhazardous materials, see definition of HAZARDOUS MATERIALS in § 7.64.030, such person shall notify the City of Tulare, Public Works Department in person or by phone or facsimile immediately. Notifications

in person and by phone shall be confirmed by written notice addressed and mailed, within three business days, to Public Works Director, City of Tulare, 411 E. Kern, Tulare, CA 93274, Attention: Spill Notification. (D) Notification shall identify the location of the discharge, the type, concentration and volume of waste, and corrective actions taken. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the city, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liabilities which may be imposed by this chapter or other applicable law. (E) A notice advising employees whom to call in the event of an accidental discharge or spill shall be posted on the user's bulletin board or other prominent place. Employers shall provide spill prevention and response training for all employees who may cause an accidental discharge or spill to occur. (Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)