RESOURCES
Regulations
Background
In 1972, through the creation of the Clean Water Act, the
federal government began a system of permitting point-source
discharges into waters of the United States under a program
called the National Pollutant Discharge Elimination System
(NPDES). A point source is “any discernible, confined
and discrete conveyance…from which pollutants are or
may be discharged…” (33 U.S. C. Section 1362 (14)).
The State of California is delegated responsibility to implement
and enforce this NPDES Program. California had a pre-established
system for implementing and enforcing state water quality
standards. In 1970, California had already established water
quality standards under the Porter-Cologne Water Quality Control
Act. The California agencies responsible for implementing
and enforcing these state and federal requirements are the
State Water Resources Control Board (WRCB) and the Nine (9)
Regional Water Quality Control Boards, including the one in
San Diego.
In 1990, the United States Environmental Protection Agency
(EPA), the federal agency responsible for implementing the
Clean Water Act, created storm water regulations phasing in
municipal and industrial storm water responsibilities. This
has resulted in the phasing in of additional responsibilities
for local governments and businesses in San Diego County.
What do the Cities, County and Port Prohibit
and Regulate?
1. Prohibit discharges into the storm water system in a manner
causing, or threatening to cause, a condition of pollution,
contamination, or nuisance in waters of the state. (California
Water Code section 13050)
2. Prohibit all non-storm water discharges unless such discharges
are authorized by a separate NPDES permit or otherwise not
prohibited.
3. Prohibit ALL identified ILLICIT discharges not otherwise
allowed. Examples of ILLICIT discharges include:
- Sewage
- Wash water from hosing or cleaning gas stations, auto
repair garages, or other automotive service facilities.
- Cleaning, repair or maintenance of any type of equipment,
machinery, or facility including motor vehicles, cement-related
equipment, and port-a-potty servicing.
- Wash water from mobile operations such as mobile automobile
washing, steam cleaning, power washing, and carpet cleaning.
- Wash water from the cleaning or hosing of impervious
surfaces in municipal, industrial, commercial and residential
areas including parking lots, streets, sidewalks, driveways,
patios, plazas, work yards and outdoor eating or drinking
areas.
- Runoff from material storage areas containing chemicals,
fuels, grease, oil or other hazardous materials.
- Pool or fountain water containing chlorine, biocides,
or other chemicals and pool or fountain filter backwash
water.
- Sediment, pet waste, vegetation clippings, or other landscape
or contruction-related wastes.
- Food-related wastes (e.g. grease, fish processing, and
restaurant kitchen mat and trash bin waste water).
- And more.
Enforcing Agencies and Offices
- Cities, County, Port of San Diego
- San Diego Regional Water Quality Control Board (San Diego
RWQCB)
- State Water Resources Control Board (WRCB)
- State of California Attorney General’s Office
- San Diego County District Attorney
- United States Environmental Protection Agency (U.S. EPA)
- United States Attorney’s Office
Other Agencies That May Regulate Discharge
- Department of Fish and Game -- Fish & Game Code Section
56650(b) (discharging “refuse” into state waters)
and Fish & Game Code 5650(f) (discharging a substance
“deleterious to fish, plant life or bird life”).
- California Department of Health Services (DHS), Division
of Drinking Water and Environmental Management -- regulates
public water systems, oversees water-recycling projects,
oversees the permitting of water treatment devices, certifies
drinking water treatment and distribution operators.
- California Coastal Commission – coastal wetlands
management and oversight of local coastal government program.
- U.S. Army Corps of Engineers
The above is from a report prepared by Shirley R. Edwards,
Esq. for Earth Day Seminar for BOMA, April 22, 2004.
And then it happened ...
In 2001, San Diego mobilized to make clean water a priority.
Mayor Dick Murphy identified “Clean Up Our Beaches &
Bays” as one of his top 10 goals for the city. Accordingly,
the Storm Water Pollution Prevention Program was given the
lead in coordination the City’s clean water effort.
San Diego Municipal Code (SDMC) 43.03 – Storm Water
Management & Discharge Control took effect 10/01/01 making
it unlawful for any person to discharge non-storm water into
the city’s storm water conveyance system.
According to Karen Henry, Deputy Director of the City’s
Storm Water Control Board, “as of January 1, 2004, the
city requires the capture and proper disposal of wash water
from sidewalks within the public right-of-way.” Fines
range from $100 to $10,000.
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