Conditionally Allowed Non-Storm Water Discharges
San Diego Municipal Code § 43.0305
in effect§43.0305 Conditionally Allowed Non-Storm Water Discharges
The following non-storm water discharges are allowed on the condition that they are addressed as follows:
(a) Any discharge to the MS4 that is regulated under an NPDES permit issued to the discharger and administered by the State of California pursuant to Division 7 of the California Water Code is allowed, provided the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations.
(b) Non-storm water discharges to the MS4 from the categories listed in San Diego Municipal Code section 43.0305(b)(1)-(4) are allowed if: (i) the discharger obtains coverage under NPDES permit No. CAG919001 (Regional Water Quality Control Board Order No. R9-2007-0034, or subsequent order) for discharges to San Diego Bay, or under NPDES permit No. CAG919002 (Regional Water Quality Control Board Order No. R9-2008-0002, or subsequent order) for discharges to surface waters other than San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or (ii) the Regional Water Quality Control Board determines in writing that coverage under NPDES permit No. CAG919001 or CAG919002 (or subsequent permits) is not required. Otherwise, non-storm water discharges from the following categories are illicit discharges:
(1) discharges from uncontaminated pumped groundwater;
(2) discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year;
(3) discharges from crawl space pumps;
(4) discharges from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year.
(c) Non-storm water discharges to the MS4 from water line flushing and water main breaks, including discharges from water purveyors issued a water supply permit by the State of California or federal military installations, are allowed if the discharges have coverage under NPDES permit No. CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003, or subsequent order), and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illicit discharges.
(d) Non-storm water discharges to the MS4 from the following categories are allowed:
(1) discharges from diverted stream flows;
(2) discharges from rising groundwater;
(3) discharges from uncontaminated groundwater infiltration to the MS4;
(4) discharges from springs;
(5) discharges from riparian habitats and wetlands;
(6) discharges from potable water sources, except discharges from water lines without coverage under an NPDES permit as set forth in San Diego Municipal Code section 43.0305(c);
(7) discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances; and
(8) discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances.
(e) Non-storm water discharges from the following categories are allowed if they are addressed with BMPs as set forth in the jurisdictional runoff management program. Otherwise, non-storm water discharges from the following categories are illicit discharges:
(1) Air conditioning condensation,
(2) Individual residential vehicle washing, and
(3) Water from swimming pools.
(f) Non-storm water discharges to the MS4 from firefighting activities are allowed if they are addressed as follows:
(1) Non-emergency firefighting discharges. Non-emergency firefighting discharges, including building fire suppression system maintenance discharges (e.g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs as set forth in the jurisdictional runoff management program to prevent the discharge of pollutants to the MS4.
(2) Emergency firefighting discharges. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). Emergency firefighting discharges shall be addressed by BMPs that do not interfere with emergency response operations or impact public health and safety.
(g) Notwithstanding the categories of non-storm water discharges conditionally allowed by San Diego Municipal Code section 43.0305(a) through (f), if the Regional Water Quality Control Board or the enforcement official determines that any of these otherwise conditionally allowed non-storm water discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4.
(Amended 9–10–2001 by O–18975 N.S.)
(Amended 2-19-2008 by O–19716 N.S; effective 3-24-2008.)
(Retitled to “Conditionally Allowed Non-Storm Water Discharges” and amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter04/Ch04Art03Division03.pdf#page=5Fetched: 10/28/2026