Yolo County Municipal Code Art. 2 Prohibited Discharges

Except as provided in Section 10-9.202, it shall be unlawful for any person to make or cause to be made an illicit discharge of 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, other than stormwater into the County storm drain system, natural surface waters, or watercourses. (§ 1, Ord. 1352, eff. August 24, 2006)

The following non-stormwater discharges to the County storm drain system or natural surface waters are exempt from otherwise applicable discharge prohibition set forth in Section 10-9.201:

(a) 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 Federal Environmental Protection Agency or under State authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the County of Yolo for any discharge to the storm drain system.

(b) The discharge of stormwater containing pollutants that has been reduced to the maximum extent practicable by the application of best management practices or other management measures set forth in the County’s Stormwater Management Program

(c) Any discharge from any of the following activities, unless the Administrator determines any otherwise exempt discharge causes or significantly contributes to violations of the Clean Water Act, Porter-Cologne Act, or this Chapter, or conveys significant quantities or concentrations of pollutants to the County storm drain system, natural surface waters, or watercourses:

(1) water line flushing;

(2) landscape irrigation;

(3) diverted stream flows;

(4) rising groundwater;

(5) uncontaminated ground water infiltration [as defined in 40 CFR 35.2005 (20)];

(6) uncontaminated pumped ground water;

(7) discharges from potable water sources;

(8) foundation drains;

(9) air conditioning condensate;

(10) irrigation water;

(11) water from natural springs;

(12) water from crawl space pumps;

(13) footing drains;

(14) lawn watering;

(15) individual residential car washing;

(16) flows from riparian habitats and wetlands;

(17) dechlorinated swimming pool discharges; or

(18) discharges of flows from emergency fire fighting activities.

(d) Any discharges that the Administrator, the County Health Officer or the Regional Board determines in writing are necessary for the protection of public health and safety.

(e) With written concurrence of the Regional Board, the Administrator may exempt in writing additional categories of non-stormwater discharges determined not to be sources of pollutants to the County of Yolo storm drain system or natural surface waters. (§ 1, Ord. 1352, eff. August 24, 2006)

Notwithstanding the exemptions provided for in Section 10-9.202 above, if the Regional Board or the Administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any Receiving Water Limitation or results in the conveyance of significant quantities or concentrations of pollutants into the County storm drain system or to natural surface waters, or is otherwise a danger to public health or safety, the Administrator may give written notice to the discharger that the exception shall not apply to the discharge at issue following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful. Upon finding that any discharge poses an immediate significant threat to the environment or to public health and safety, the Administrator may waive the thirty (30) day waiting period and require immediate cessation of the discharge. (§ 1, Ord. 1352, eff. August 24, 2006)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the Administrator's determination as to the existence of a threatened prohibited discharge. (§ 1, Ord. 1352, eff. August 24, 2006)

(a) It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or abatement by the County pursuant to Article 5 of this Chapter.

(b) The prohibition set forth in subsection (a)above shall apply to illicit connections in existence at the time this Chapter becomes effective. Upon the effective date of this Chapter, any person who maintains an illicit connection shall have thirty (30) days to disconnect and discontinue use of such connection or secure approval of such connection. Notwithstanding the provisions of this Section, any person who maintains an illicit connection, as defined in Section 10-9.104, may apply to the County for a permit to continue the connection subject to applicable County Standards. The submission of a permit application is not a substitute for compliance with the provisions of this Chapter and any applicable requirements of state or federal law, and the County, irrespective of whether a permit application has been submitted, may enforce this Chapter. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey a prohibited illicit discharge to the County storm drain system, natural surface waters, or watercourses in violation of this Chapter or any provision of state or federal law. (§ 1, Ord. 1352, eff. August 24, 2006)

A violation of the provisions of this Chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. (§ 1, Ord. 1352, eff. August 24, 2006)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the County storm drain system, natural surface waters, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for purposes of municipal waste collection are exempted from this prohibition. (§ 1, Ord. 1352, eff. August 24, 2006)

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (§ 1, Ord. 1352, eff. August 24, 2006)