Chapter 14.26.020
Discharge Prohibitions

Sections:

14.26.020.010    Prohibition of Illegal Discharges.

14.26.020.020    Prohibition of Illicit Connections.

14.26.020.030    Waste Disposal Prohibitions.

14.26.020.040    Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.

14.26.020.010 Prohibition of Illegal Discharges.

No person or property shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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 storm water.

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 source of pollutants to the storm drain system and to waters of the U.S. 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. Water line flushing;

2. Individual residential car washing;

3. Diverted stream flows;

4. Rising groundwater;

5. Uncontaminated groundwater infiltration to the separate storm sewer system;

6. Uncontaminated pumped groundwater;

7. Discharges from potable water sources; uncontaminated foundation drains; air conditioning condensation;

8. Springs;

9. Uncontaminated water from crawl space pumps;

10. Footing drains; flows from riparian habitats and wetlands;

11. Dechlorinated swimming pool discharges; and

12. Incidental irrigation runoff from landscaped areas provided the conditions in subsection C of this section are met.

B. The prohibition shall not apply to discharges or flows from firefighting activities or any non-storm water discharge permitted under an 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 written approval has been granted by the City for any discharge to the storm drain system.

C. “Incidental runoff” is defined as unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

D. Irrigation systems shall 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 to such that no discharge occurs unless it is the result of a 25-year, 24-hour or larger storm event. Any releases from holding ponds shall be reported to the Regional Board and the City within 24 hours of the discharge.

E. With the written concurrence of the Regional Board, the City may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system nor waters of the U.S.

(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.26.020.020 Prohibition of Illicit Connections.

A. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of this division, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

C. Any person or property responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

D. The City may perform cleanup and abatement work as provided in Section 14.26.050.100 and recover its costs from the responsible person as provided in Section 14.26.050.140.

(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.26.020.030 Waste Disposal Prohibitions.

No person or property 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 storm drain system, or waters 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 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 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 shall not be swept or otherwise made or allowed to go into the gutter or roadway.

(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.26.020.040 Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.

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 City Manager or his/her designee 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.

(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)