Turlock Municipal Code Art. 2 Discharge Prohibition

Except as provided in TMC 6-8-202 and 6-8-203, it is unlawful for any person to make or cause to be made any non-storm water discharge. Notwithstanding the exemptions provided by TMC 6-8-202 and the conditional exemptions in TMC 6-8-203, if the Regional Water Board or the Enforcement Official determines that any otherwise exempt discharge causes or significantly contributes to violations of any water quality standard, or conveys significant quantities of pollutants to receiving water(s), or is a danger to public health, safety, or welfare, such discharge shall be prohibited from entering the MS4.

No person shall discharge, permit to be discharged, or cause to be discharged 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 into any part of the MS4 or any part of a receiving water.

(a) It is prohibited to throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left, maintained or kept any refuse, rubbish, trash, garbage or any other discarded or abandoned objects, articles, material, litter, or accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, 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, deposit litter, or material in any fountain, pond, lake, stream, or other body of water within the City. This subsection shall not apply to refuse, rubbish, trash, or garbage deposited in containers, bags, or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

(b) It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4.

(c) No person shall discharge or allow the discharge of any of the following types of non-storm water discharges into the MS4, unless done pursuant to the terms and conditions of a separate NPDES permit or pursuant to an express exemption issued by either the Regional Water Board or the State Water Board:

(1) The discharge of untreated cleaning or wash waters from gas stations, auto repair garages, or other type of automotive service facilities;

(2) The discharge of untreated waste water from mobile auto washing, pet washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

(3) To the maximum extent practicable, discharges from repair areas where machinery and equipment, including motor vehicles, are visibly leaking oil, fluid, or antifreeze;

(4) Discharges of untreated runoff from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous or metallic materials;

(5) Discharges of commercial, municipal, or residential chlorinated or salt water swimming pool or fountain water, filter backwash, or swimming pool tile cleaning process water;

(6) Discharges of untreated runoff from the washing of toxic materials from impervious or pervious areas; provided, however, those nonindustrial and noncommercial activities that incidentally generate urban runoff, such as the noncommercial hand-washing of cars, shall be excluded from this prohibition;

(7) To the maximum extent practicable, discharges from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff, unless specifically required by State's, City's, or Stanislaus County's Health and Safety Codes or permitted under a separate NPDES permit;

(8) Discharges from the washing out of concrete trucks, trailers, pumpers, wheel barrows, or other vehicles, tools, or equipment;

(9) Unauthorized discharges of any pesticide, fungicide, or herbicide regulated or banned by the US EPA or the California Department of Pesticide Regulation; or

(10) The disposal of hazardous wastes into trash containers used for municipal trash disposal, where such disposal causes or threatens to cause a direct or indirect discharge to the MS4.

(1199-CS, Added, 9/23/2014)

Subject to the authority granted to the Regional Water Board and the Enforcement Official in TMC 6-8-105, the following discharges to the MS4 are exempt from the prohibition set forth in TMC 6-8-201(a):

(a) Any discharge regulated under a NPDES permit issued to the discharger and administered by the State pursuant to Division 7 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, which, when properly managed, do not cause or contribute to a violation of any water quality standard:

(1) Dechlorinated water line flushing and other discharges from potable water sources;

(2) Incidental runoff from 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 condensation;

(7) Individual residential and other noncommercial vehicle washing;

(8) Natural flows from riparian habitats and wetlands;

(9) Flows from fire suppression activities, including fire hydrant flows and flushing;

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

(11) Diverted stream flows;

(12) Uncontaminated ground water infiltration to separate storm sewers or uncontaminated pumped groundwater;

(13) Any discharge that the Enforcement Official, the local health officer, or the Regional Water Board determines, in writing, is necessary for the protection of the public health and safety;

(14) Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen and mitigated in advance by the discharger, as determined by the Enforcement Official;

(15) Any discharge for which all pollutants have been demonstrated to be reduced to the maximum extent practicable.

(1199-CS, Added, 9/23/2014)

The following non-storm water discharges to the MS4 are exempt from the prohibition set forth in TMC 6-8-201(a) and may be allowed to be discharged into the MS4, subject to all appropriate BMPs and prior written authorization by the Director. The "conditionally exempt discharges" are as follows:

(a) Dechlorinated and non-salt water swimming pool discharges where the water cannot be readily discharged to the sanitary sewer system or allowed to completely percolate into the ground;

(b) Discharges from charity vehicle washing;

(c) Street, driveway, and sidewalk washing; and

(d) Other categories approved by the Executive Officer of the Regional Water Board, or an authorized representative.

(1199-CS, Added, 9/23/2014)

It is unlawful for any person to cause, either individually or jointly, any illicit discharge not authorized under TMC 6-8-202 or 6-8-203 to the MS4 that consists of unauthorized non-storm water or contaminated storm water.

(1199-CS, Added, 9/23/2014)

It is unlawful for any person to establish, use, or maintain any illicit connection to the MS4. This prohibition against unlawful connections is retroactive and applies to unpermitted connections made in the past regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection. If a connection was permissible under the law or practices applicable or prevailing at the time of the connection that is now unlawful, no penalties shall be assessed under this chapter until the owner/user of the connection has been notified and given an opportunity to remedy the situation in accordance with TMC 6-8-601.

(1199-CS, Added, 9/23/2014)