Yuba City Municipal Code Art. 3 Discharge Prohibitions

It is unlawful to discharge, permit to be discharged or cause to be discharged any non-stormwater discharges into any storm drain system, watercourse, natural outlet, creek or channel except as provided in Section 4-21.60. All discharges other than stormwater must be in compliance with this chapter, state and federal regulations.

The discharge of stormwater from premises or any activity that causes or contributes to a violation of receiving water limitations in the City's NPDES permit is prohibited.

(Ord. No. 003-16, § 2, 2-16-2016)

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(a) Discharges from the following activities will not be considered a significant source of pollutants to the municipal storm drain system and 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, the Federal Clean Water Act, the small MS4 general permit, or this chapter:

(1) Water line flushing;

(2) Incidental irrigation runoff from landscaped areas provided the conditions in item (d) of this section are met;

(3) Diverted stream flows;

(4) Rising groundwater;

(5) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers;

(6) Uncontaminated pumped groundwater;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air-conditioning condensation;

(10) Springs;

(11) Water from crawl space pumps;

(12) Footing drains;

(13) Lawn watering;

(14) Individual residential car washing;

(15) Flows from riparian habitats and wetlands;

(16) Dechlorinated swimming pool discharges; and

(b) Discharges or flows from firefighting activities are excluded from the prohibition of non-stormwater and need only be addressed where they are identified as significant sources of pollutants to waters of the United States.

(c) The prohibition of non-stormwater discharges shall not apply to any discharges regulated under another 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, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that approval has been granted by the City for any discharge to the storm drain system.

(d) Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by:

(1) Detecting and correcting leaks from the irrigation system within 72 hours of discovering the leak;

(2) Properly designing and aiming sprinkler heads to only irrigate the planned application area;

(3) Not irrigating during precipitation events; and

(4) Where recycled water is used for irrigation, designing and managing holding ponds such that no discharge occurs unless it is the result of the 25-year-24-hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the City of Yuba City within 24 hours of the discharge.

(Ord. No. 003-16, § 2, 2-16-2016)

Notwithstanding the exemptions provided for in the previous section above, if the Regional Board or the Director determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to a violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following a 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge from the noticed facility shall be unlawful. Upon finding that any discharge poses an immediate significant threat to the environment or to public health and safety, the Director may waive the 30-day waiting period and require immediate cessation of the discharge.

(Ord. No. 003-16, § 2, 2-16-2016)

Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained, in or upon any public or private lot of land or other premises in the City, driveway, parking area, street, alley, sidewalk, business place, component of the storm drain system, or waters of the United States, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, and accumulations, so that the same might be or become a pollutant discharged to water or may cause or contribute to pollution. Wastes properly deposited in streets in proper waste receptacles or pursuant to a City sponsored program for the purposes of collection are exempted from this prohibition.

The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any premises, residential or commercial, in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk, including but not limited to the blowing or sweeping of leaves, grass clippings, or other organic wastes, shall not be swept or otherwise made or allowed to go into the gutter or roadway.

(Ord. No. 003-16, § 2, 2-16-2016)

Any person conducting an industrial or construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the Environmental Protection Agency, State Water Resources Control Board, or the Regional Water Board, shall provide permit registration documents, comply with, and undertake, all other activities required by any general stormwater permit applicable to such discharges.

Proof of compliance with said stormwater general 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, grading permit, or development or improvement agreement, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, proof of compliance shall include a copy of the notice of intent (NOI), and a stormwater pollution prevention plan (SWPPP) for said activity submitted to the City.

The Director and/or the enforcement officer, may, at any time, inspect facilities and sites subject to general stormwater permits to ensure compliance with the measures outlined in the SWPPP for said facilities and sites and implement enforcement measures as outlined in Article 5 of this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)