Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE
Part VIII
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Division II
DISCHARGE REGULATIONS AND REQUIREMENTS
SEC. 7-805. GENERAL DISCHARGE PROHIBITION:
No person shall contribute or cause to be contributed, directly or indirectly,
to the City storm drainage system any pollutant, wastewater, or any substance
or material which will interfere with the operation or performance of the City
storm drainage system or violate the City's NPDES permit. This general prohibition
applies to all persons, and said persons are subject to applicable regulation
under the federal Storm Water Effluent Limitations Guidelines and any other
federal, state, or local standards, requirements, or regulations.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-806. QUALIFIED DISCHARGE PROHIBITIONS:
The general prohibition shall also prohibit any person from contributing or
causing to be contributed, directly or indirectly, the following substances
to the City storm drainage system:
A. Any substance which will cause the City to violate its NPDES permit, its
State storm water permit, or the applicable receiving water quality standards.
B. Swimming pool water, even if it is dechlorinated.
C. Pollutants to the City storm drainage system in excess of that amount that
the Director has determined can be removed to the maximum extent practicable.
Wastes prohibited by this Section shall not be stored in such a manner that
they could be discharged to the City storm drainage system. All floor drains
located in process or materials storage areas must discharge to the industrial
user's wastewater pretreatment facility and shall not be connected to the City
storm drainage system. However, the Control Authority may approve temporary
discharges of the above-enumerated substances to the City storm drainage system
when no reasonable alternative method for disposal is available.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-807. DISCHARGES EXEMPT FROM THE GENERAL PROHIBITION:
A. The general discharge prohibition shall not apply to any discharge regulated
under a NPDES permit 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 and other applicable laws or regulations.
B. Discharges from the following activities shall not be prohibited unless
such discharges are identified by the Control Authority as sources of pollutants
to waters of the State:
1. Water line flushing and other discharges from potable water sources;
2. Landscape irrigation and lawn watering;
3. Diverted stream flows or rising ground waters;
4. Uncontaminated groundwater, infiltration to separate storm sewers;
5. Uncontaminated pumped ground water;
6. Water from foundation and footing drains, crawl space pumps, and air conditioning
condensation;
7. Spring water or flows from riparian habitats and wetlands;
8. Individual residential car washings;
9. Street wash water; and
10. Flows from fire fighting, unless identified as significant sources of pollution.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-808. NATIONAL CATEGORICAL STORM WATER EFFLUENT LIMITATIONS:
All users listed in 40 Code of Federal Regulations, Subchapter N, shall comply
with the effluent limitation guidelines as set forth therein. However, where
the Director has adopted effluent limitation standards more stringent than
those contained in the National Categorical Storm Water Effluent Limitations,
the specific prohibitions or limits on pollutants or pollutant parameters
as developed by the Director shall be deemed the applicable pretreatment
standards. When local limitations more stringent than those contained in
the Act have been adopted, the Director shall notify all affected users of
the applicable reporting requirements.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-809. INDUSTRIAL CONDITION OF ACCEPTANCE:
All users identified in the Level 1 Priority Industrial Facilities Class ("PIF")
proposing to discharge into the City storm drainage system shall obtain a Condition
of Acceptance ("COA") from the control authority. Application for
said approval shall be made in accordance with the guidelines on file at the
City of Stockton Municipal Utilities Department, 2500 Navy Drive, Stockton,
California 95206.
A. COAs may be issued for a specified time period, not to exceed five (5) years
or may be stated to expire on a specific date. The user shall apply for COA
reissuance a minimum of ninety (90) days prior to the expiration of the user's
existing COA. The terms and conditions of the COA may be subject to modification
by the City during the term of the COA as limitations or requirements are identified
or other just cause exists. The user shall be informed of any proposed changes
in its COA at least thirty (30) days prior to the effective date for the required
change. Any changes or new conditions in the COA shall include a reasonable
time schedule for compliance.
B. COAs issued to users shall specify, in detail, the requirements for self-monitoring,
sampling, reporting, notification, and record keeping; the applicable federal,
state, and local effluent limitations; and the administrative, civil, and criminal
penalties which may be pursued in cases of noncompliance.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-810. CERTIFICATE OF EXEMPTION:
The Director may issue a certificate of exemption from the annual sampling
requirements of the California General Industrial Permit to any user upon
application. If an industry can demonstrate that it has implemented BMPs
and has eliminated onsite risks of storm water pollution, that industry may
be granted an exemption from sampling. The specific criteria for exemption
will be developed by the City and approved by the Regional Water Quality
Control Board ("RWQCB") prior to implementation of the program.
The filing or granting of a certificate of exemption shall not relieve the
user from its obligation to comply with the following conditions at the time
application is made:
1. The user shall develop and implement an effective SWPPP and identify and
implement appropriate BMPs for the facility.
2. The user shall make available monitoring data sufficient to substantiate
the effectiveness of the BMPs.
3. The user shall meet all requirements of the general permit including certifications
regarding elimination of illicit connections.
Users requesting a Certificate of Exemption must submit their NOI and SWPPP
to the Municipal Utilities Department with supporting data as appropriate.
Applications shall be submitted by May 1 of the year preceding the year for
which the exemption is being requested. Applications to renew/extend Certificates
of Exemption made by the same user for the same use covered by the previously
granted Certificate of Exemption, shall be requested in writing and consist
of
(i) visual monitoring and annual inspection reports,
(ii) revisions to the SWPPP,
(iii) annual report to RWQCB, and
(iv) any supplemental data deemed appropriate to support the application, unless
otherwise requested by the City.
Certificates of Exemption are issued to a specific user for a specific site,
not to exceed five (5) years in duration. A certificate shall not be reassigned,
transferred, or sold to a new owner, new user, different premises, or a new
or changed operation, and shall not extend to an increase in usage, discharge,
or operations by an existing user without the written approval of the City.
Any succeeding owner or user shall apply for a sampling exemption certificate
sixty (60) days prior to change of ownership or the exemption shall expire.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-811. DISCHARGE IN VIOLATION OF PERMIT:
Any discharge which would result in or contribute to a violation of 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,
and hold harmless the City against any claim, expense, liability, or payment
for injury or damage to any person or property and shall defend, indemnify,
and hold harmless the City in any administrative or judicial enforcement
or any legal action resulting from such discharge.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-812. ILLICIT DISCHARGE AND ILLICIT CONNECTIONS:
It shall be unlawful for any person to establish, use, maintain, or continue
illicit drainage connections to the City storm drainage system, and to commence
or continue any illicit discharges to the City storm drainage system. This
prohibition shall apply to connections in existence at the time of the adoption
of this Ordinance, irrespective of whether such connection was made under
a permit or other authorization or whether permissible under the laws or
practices applicable or prevailing at the time the connection was made. At
the time of final adoption of this Ordinance, any user who maintains an illicit
connection shall within thirty (30) days from the effective date of this
Ordinance, disconnect and discontinue use of said connection.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-813. REDUCTION OF POLLUTANTS IN STORM WATER:
Any person engaged in activities which will or may result in pollutants entering
the City storm drainage system shall undertake all practicable measures to
reduce the introduction of such pollutants. Examples of such activities include,
but are not limited to, ownership and use of facilities such as parking lots,
gasoline stations, industrial facilities, stores fronting streets, etc. With
regard to such activities, the following minimum requirements shall apply:
A. 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, fountain,
pond, lake, stream, or any other body of water in any park within the City
of Stockton, 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. This Section shall not apply to the storing of such potential
pollutants in containers or in lawfully established waste disposal facilities,
or the placement of garden refuse in accordance with Chapter 7, Part II, Division
2 of the Stockton Municipal Code.
B. 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 as frequently and
thoroughly as practicable in a manner that minimizes the discharge of pollutants
to the City storm drainage system.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)
SEC. 7-814. BEST MANAGEMENT PRACTICES — INDUSTRIAL USERS AND NEW DEVELOPMENTS
AND REDEVELOPMENTS:
A. The Director of Municipal Utilities may adopt regulations establishing controls
(i) on the volume and rate of storm water runoff for each industrial discharger,
discharger associated with construction activity, or other discharger, described
in any general storm water 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, or
(ii) for discharges from new developments and redevelopments as may be appropriate
to minimize the discharge and transport of pollutants. The Director of Municipal
Utilities may require any construction contractor performing work in an unincorporated
portion of the City to submit a Storm Water Pollution Prevention Plan prior
to final map approval by City or prior to issuance of a building permit by
City, whichever first occurs.
B. Where best management practices guidelines or requirements have been adopted
by any federal, state, regional, county, and/or City agency, for any activity,
operation, or facility which may cause or contribute to storm water pollution
or contamination, illicit discharges, and/or discharges of nonstorm water to
the storm water system, every person undertaking such activity or operation,
or owning or operating such facility, shall comply with such guidelines or
requirements as may be identified by the Director of Municipal Utilities.
C. Each industrial discharger, discharger associated with construction activity,
or other discharger, described in any general storm water 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
storm water permit applicable to such discharges. Furthermore, each discharger
identified in an individual NPDES permit relating to storm water discharges
shall comply with and undertake all activities required by such permit.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)