TITLE VII—PUBLIC WORKS

CHAPTER 5—STORMWATER MANAGEMENT

(Ord. 1216, eff. 12/17/1993; Ord. 1236, eff. 7/7/1995; Ord. 1252, eff. 7/5/1996; Ord. 1319, eff. 4/6/2001)

DIVISION 1—STORM DRAIN SERVICE FEES

ARTICLE 1—GENERAL PROVISIONS

Sec. 7993.01 Purposes, Findings.

A.    The Council finds that due to its climate, terrain, and geographical location, the City is subject to damage from stormwaters, which, from time to time, overflow existing watercourses and drainage facilities. Accordingly, a system of stormwater drainage collection control and management must be maintained and operated by the City. The purpose of this ordinance is therefore to create a stormwater drainage enterprise and utility and to establish a fund with which to improve, operate, and maintain stormwater drainage facilities appurtenant to such an enterprise and utility.

B.    The Council finds that storm and surface water runoff is increased due to impervious surface development. Consequently, each owner of a lot or parcel of real property within the City makes use of and is served by the City’s stormwater drainage facilities by contributing stormwater runoff in excess to that which would occur if the real property were undeveloped. The City’s existing drainage facilities must be improved, operated, and maintained in order to service stormwater drainage from existing development. In addition, new development will contribute additional stormwater drainage for which the capacity of the City’s drainage facilities will need to be increased.

C.    The Council, therefore, finds that there is a reasonable relationship between the costs of operating and maintaining stormwater drainage facilities and existing development. Accordingly, existing development should contribute to the cost of operating and maintaining stormwater drainage facilities in an amount related to the amount of impervious surface area found on any particular parcel.

D.    The Council additionally finds that a reasonable relationship exists between the costs of enlarging stormwater drainage facilities to accommodate increased runoff from new development and new development projects. Accordingly, new development should contribute on a one-time basis to the cost of enlarging or expanding the capacity of existing stormwater drainage facilities to service the new development. The cost imposed on new development shall be determined in an amount related to the increased capacity needs of the stormwater drainage collection system.

Sec. 7993.02 Definitions.

Unless the context requires otherwise, the definitions in this section govern the construction of this chapter. The definition of a word applies to any of that word’s variants.

A.    "Developed parcel," means any lot or parcel of land altered from its natural state by the construction, creation, or addition of impervious surface area.

B.    "Development project" means any activity such as construction, development, paving, or grading which may result in a change to drainage patterns or existing impervious surface area.

C.    "Impervious surface area" means any part or any developed parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes any hard surface, which either prevents or retards the entry of water into the soil as it entered under natural conditions preexistent to development, and/or a hard surface area, which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions preexistent to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or packed earthen materials, or areas covered with structures or other surfaces which similarly impede the natural infiltration of surface water into the soil.

D.    "New development" means any development, improvement, alteration, or change to a parcel of real property, which increases the impervious surface area of such parcel.

E.    "Stormwater drainage facilities" means the storm and surface water drainage systems comprised of stormwater control facilities and any other natural features, which store, control, treat, and/or convey storm and surface water. Stormwater drainage facilities shall include all natural and constructed elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving body of water or location, internal or external, to the boundaries of the City. They shall include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities whether public or private. Regardless of whether or not the City shall have recorded rights-of-way or easements, it is presumed that the City has a prescriptive right of access to all storm drainage facilities for operation, maintenance, rehabilitation, or replacement.

Sec. 7993.03 Creation of an Enterprise and Utility.

There is hereby created and established a Stormwater Drainage Enterprise and Utility of the City which shall administer the City’s stormwater drainage facilities.

Sec. 7993.04 Administration.

The Stormwater Drainage Enterprise and Utility shall be administered by the Director of Environmental Services, except where specifically designated otherwise in this chapter.

Sec. 7993.05 Application.

Fees for the use of the City’s Stormwater Drainage Enterprise and Utility shall apply to all developed parcels within the City, including those classified as nonprofit or tax-exempt for ad valorem tax purposes. Such fees shall apply to all government properties, to the full extent permitted by the Constitutions of the United States and the State of California, including developed parcels of the City, such as City-owned buildings, parks, and streets. Fees imposed by this chapter shall not be levied against undeveloped parcels that have not been altered from their natural state as defined herein under (c) "impervious surface area."

Sec. 7993.06 Master Drainage Plan.

A.    The Director of Environmental Services shall, as soon as practicable, formulate and develop a Master Drainage Plan for the City. The Master Drainage Plan shall describe all major natural and constructed drainage ways within the City, including the boundaries of natural drainage courses presently existing within the City, and shall identify all stormwater drainage facilities required to provide for the drainage and control of surface and stormwater runoff within the City to carry such waters to the designated points of discharge. The Master Drainage Plan shall evaluate operational and maintenance requirements and improvements needed to the City’s Stormwater Drainage Enterprise and Utility to insure adequate operation at existing levels of development. In addition, the Master Drainage Plan shall identify capacity limits of the stormwater drainage facilities and establish standards for determining additional capacity needs to service new development.

B.    The Master Drainage Plan shall be revised and updated on a regular basis as needed by new development and/or changing conditions.

C.    The Master Drainage Plan and all revisions thereto shall be adopted by the City Council after public hearing.

ARTICLE 2—DRAINAGE DEVELOPMENT FEE

Sec. 7994.01 Drainage Development Fee.

A.    There is hereby imposed on each and every development project within the City and any person who applies for a permit for new development, and the owners of such parcel to be developed, jointly and severally, a drainage development fee, which shall be based on increased capacity needs of the Stormwater Drainage Enterprise and Utility resulting from the development project. This fee imposed is deemed reasonable and is necessary to fund improvements to or enlargements of the City’s stormwater drainage facilities necessary as a result of the new development. The fee shall be established by resolution of the Council.

B.    The drainage development fee shall be deposited in a stormwater drainage fund and shall be accounted for in accordance with the provisions set forth in this chapter.

Sec. 7994.02 Payment of Drainage Development Fee.

A.    The drainage development fee shall be due and payable on the date a certificate of occupancy is issued. If the development does not require the issuance of a certificate of occupancy, the drainage development fee shall be due and payable on the date of final inspection. If a residential development contains more than one dwelling unit, the Director of Public Works may determine if the drainage development fee shall be paid on a lump-sum basis when the first dwelling in the development receives its certificate of occupancy, or on a prorated basis either for each dwelling when it receives its certificate of occupancy, or when a certain percentage of the dwellings have received their certificates of occupancy.

B.    Notwithstanding subsection A, the Director of Public Works may require the payment of the drainage development fee at an earlier time, if the Director of Public Works determines that the fee will be collected for public improvements or facilities for which an account has been established and funds appropriated and a proposed construction schedule or plan has been adopted. The Director of Public Works may additionally require payment of a drainage development fee at a time earlier than specified in subsection A if the fee is to reimburse the City for expenditures already made.

C.    If any fee specified in subsection A is not fully paid prior to the issuance of an appropriate permit, the City may require the property owner or other record interest owner to execute a contract to pay the fee within the time specified in subsection A. The contract shall contain a legal description of the property affected, shall be recorded in the County Recorder’s Office, and shall constitute a lien for the payment of the fee from the date of recordation, which shall be enforceable against successors in interest to the property owner or other record interest owner at the time of issuance of the appropriate permit. The contract may require the property owner or other record interest owner to provide appropriate notification of the opening of any escrow for the sale of the property for which the permit was issued and to provide in the escrow instructions that the fee be paid to the City imposing the same from the sale proceeds in escrow prior to disbursing proceedings to the seller. The obligation to pay the fee specified in subsection A shall inure to the benefit of, and be enforceable by the City, regardless of whether a contract is executed.

Sec. 7994.03 Development Project Permit.

It shall be unlawful to initiate or undertake a development project unless a permit for such project has been issued by the Director of Public Works.

Sec. 7994.04 Development Drainage Plan.

A.    Prior to the issuance by the Director of Public Works of a permit for any development project, the permit applicant shall submit a detailed development drainage plan to the Director of Public Works, unless the Director of Public Works waives such requirement in writing. The requested permit shall not be issued until the development drainage plan is approved by the Director of Public Works.

B.    The development drainage plan shall be approved by the Director of Public Works only if it meets the standards set forth in the Master Drainage Plan. Until the Master Drainage Plan is approved, the Director of Public Works shall approve the development drainage plan only if it appears to provide for drainage control in a manner consistent with present capacity and operational capabilities of the Stormwater Drainage Enterprise and Utility.

C.    The Director of Public Works shall determine the drainage development fee to be imposed based upon a review of the approved drainage development plan.

Sec. 7994.05 Development Drainage Plan, Contents.

The development drainage plan shall identify the boundary of any natural drainage course, drainage facility, or subdrainage area on the land in question. The plan shall include drawings, profiles, and specifications for the construction of channels, conduits, detention ponds, culverts, bridges, and all other stormwater drainage facilities reasonably necessary to insure that groundwater, underground springs, flood and storm waters, including drainage from other lands which will contribute runoff to the subject property, will be adequately drained, stored or otherwise controlled. The plan shall describe the ultimate method and location of outflow from the land in question. Included in the plan shall be a schedule containing the estimated dates of completion of construction for all drainage facilities shown on the plan. If and when the plan is approved and the appropriate permit issued, the owner and applicant shall comply with said schedule.

Sec. 7994.06 Proportional Reduction of Drainage Development Fee.

The Director of Public Works may reduce a drainage development fee if the Director determines that the development project will have its own maintained storm drainage facility or facilities that do not fully utilize City facilities or make no substantial or only a partial contribution of storm or surface water to the City’s stormwater drainage facilities. A reduction in fee shall reflect the extent that such new development does not contribute storm and surface water to the City’s stormwater drainage facilities. The burden of establishing the reduced extent of contribution to the City’s stormwater drainage facilities shall be on the permit applicant. The Director of Public Works may require the permit applicant to present an engineered drainage plan or any other technical information, which may be needed to support the request for fee reduction.

Sec. 7994.07 Administrative Review.

A.    Any permit applicant or property owner who disputes the amount of a drainage development fee imposed against his or her parcel pursuant to this chapter may file a written request with the Director of Public Works to review the fee imposed. At the discretion of the Director of Public Works, the requesting party may be required to present an engineered report and/or survey showing information relevant to the request such as the total property area, the impervious surface area, and any other features or conditions which influence the drainage or storm and surface water runoff from the property.

B.    The Director of Public Works shall conduct a technical review to determine if an adjustment of the fee is in conformance with the provisions of this ordinance. At the conclusion of the review, the Director of Public Works shall issue a written determination stating whether a fee reduction is appropriate and, if so, the amount of such reduction. All decisions of the Director of Public Works shall be served on the permit applicant or property owner personally or by certified mail.

C.    The party who requested review of a drainage development fee may appeal the decision of the Director of Public Works to the City Council within thirty (30) days after service of the Director of Public Works’ written decision. Notice of appeal shall include a description of the general grounds for the appeal. The Council shall conduct a public hearing to consider the testimony of the appealing party. After public hearing, the Council may affirm or modify the decision of the Director of Public Works, provided that any modification of the fee is in conformance with the provisions of this ordinance.

ARTICLE 3—STORMWATER DRAINAGE MAINTENANCE FEE

Sec. 7995.01 Stormwater Drainage Maintenance Fee.

There is hereby imposed on each and every developed parcel of land within the City, and the owners thereof, a stormwater drainage maintenance fee which shall be payment for use of the City’s Stormwater Drainage Enterprise and Utility by the real property on, and with respect to which the charge is imposed, and the owners thereof. Said stormwater drainage maintenance fee is deemed reasonable and necessary to pay for the operation, maintenance, improvement and replacement of the existing City stormwater drainage facilities.

Sec. 7995.02 Determination of Annual Cost.

The total cost of operating, maintaining, repairing, and replacing existing facilities of the Stormwater Drainage Enterprise and Utility shall be determined on an annual basis by the Director of Environmental Services. This annual cost shall be presented to the Council for adoption as part of the annual budget process.

Sec. 7995.03 Determination of Fee.

A.    The stormwater drainage maintenance fee shall be determined based on the total impervious surface area in or on the parcel of real property. The Director of Environmental Services shall determine the total impervious surface area in or on the real property of each parcel by any one of the following methods:

1.    On-site measurements of the impervious surface area in or on such real property;

2.    Computation of the impervious surface area using the dimensions of the impervious surface areas in or on the real property which are set forth and contained in the records of the City;

3.    Estimation, calculation and computation of the impervious surface areas using

Aerial photography or photogrammetry, or using the information and data from on-site measurements of like or similar property or features or as contained in the records of the City which set forth certain characteristics of the improvements on such real property.

B.    The stormwater drainage maintenance fee shall be established by ordinance based on the total annual cost of maintaining and operating the Stormwater Drainage Enterprise and Utility as adopted by the Council, and on the amount of impervious surface area for any particular parcel.

Sec. 7995.04 Proportional Reduction of Stormwater Drainage Fee.

A.    The stormwater drainage maintenance fee may be reduced by the Director of Environmental Services based on: (1) The type of impervious surface area on a particular developed parcel; or, (2) whether approved runoff control measures have been taken.

B.    Rate reduction shall occur on a case-by-case basis and shall reflect the extent to which the type of impervious surface area or alternate control measures reduce or eliminate use of the City’s Stormwater Drainage Enterprise and Utility. The burden of establishing the reduced extent of contribution to the City’s Stormwater Drainage Enterprise and Utility shall be on the property owner. The Director of Environmental Services may require the property owner to present an engineered drainage plan or any other technical information, which may be needed to support the request for fee reduction.

Sec. 7995.05 Collection of Stormwater Drainage Fee.

The stormwater drainage maintenance fee shall be billed every six (6) months by the City to the property owner. Said fee shall be due and payable upon presentation of bill.

Sec. 7995.06 Penalties, Lien.

A.    All stormwater drainage maintenance fees not paid thirty (30) days after the billing date shall be assessed a basic penalty of ten percent (10%) and an additional interest charge of one and one-half percent (1.5%) per month.

B.    If the fee and penalties remain delinquent for a period of sixty (60) days after the billing date, the amount due including penalty and interest charges shall become a lien on the property provided that the City has given notice to the property owner as shown on the latest equalized assessment roll of the delinquent charges and lien herein. The lien shall have no force or effect until a certificate specifying the amount of the unpaid charges is recorded with the County Recorder and when so recorded shall have the force, effect, and priority of a judgment lien and continue for three (3) years from the time of recording unless sooner released or otherwise discharged.

Sec. 7995.07 Administrative Review.

A.    A property owner who disputes the amount of a stormwater drainage fee imposed against his or her parcel pursuant to this chapter may file a written request with the Director of Environmental Services to review the fee imposed. At the discretion of the Director of Environmental Services, the requesting party may be required to present an engineered report and/or survey showing information relevant to the request such as the total property area, the impervious surface area, and any other features or conditions which influence the drainage or storm and surface water runoff from the property.

B.    The Director of Environmental Services shall conduct a technical review to determine if an adjustment of the fee is in conformance with the provisions of this ordinance. At the conclusion of the review, the Director of Environmental Services shall issue a written determination stating whether a fee reduction is appropriate and, if so, the amount of such reduction. All decisions of the Director of Environmental Services shall be served on the property owner personally or by certified mail.

C.    A property owner may appeal the decision of the Director of Environmental Services to the City Council within thirty (30) days after service of the Director of Environmental Services’ written decision. Notice of appeal shall include a description of the general grounds for the appeal. The Council shall conduct a public hearing to consider the testimony of the appealing party. After public hearing, the Council may affirm or modify the decision of the Director of Environmental Services, provided that any modification of the fee is in conformance with the provisions of this ordinance.

ARTICLE 4—STORMWATER DRAINAGE FUND

Sec. 7996.01 Establishment of Stormwater Drainage Fund.

A.    A stormwater drainage fund is hereby established to provide funding for stormwater drainage maintenance. The fund may be expended for the following:

(1)    All activities and resultant expenses associated with the maintenance and operation of the Stormwater Drainage Enterprise and Utility;

(2)    Capital expenses associated with the repair, replacement, and capital improvement of the Stormwater Drainage Enterprise and Utility;

(3)    All expenses associated with maintenance, operation, and capital requirements of any stormwater drainage facility which may be required by state or federal law; and

(4)    All expenses for activities directly related to any of the foregoing.

Sec. 7996.02 Stormwater Drainage Fund Management.

A.    Each development project for which drainage development fees are collected in accordance with this chapter shall be managed within the stormwater drainage fund in such a manner as to allow tracking for each fiscal year of the beginning and ending balance, fees collected, other sources of income, interest accumulated, expenditures made, and refunds paid out.

B.    Within sixty (60) days of the close of each fiscal year, the City shall make available to the public the information listed in subsection A.

C.    The Council shall review the information made available to the public pursuant to this section at the next regularly scheduled council meeting not less than fifteen (15) days after the information is made available to the public. Notice of the time and place of the Council meeting, including the address where this information may be reviewed, shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency for a mailed notice of a meeting.

Sec. 7996.03 Annual Findings, Refunds.

A.    The Council shall make findings each fiscal year with respect to any portion of drainage development fees remaining unexpended or uncommitted in the stormwater drainage maintenance fund five (5) or more years after deposit to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

B.    The Council shall authorize refunds to the then current record owner of the lots or units of a development project on a prorated basis of the unexpended or uncommitted portion of the fee, and the interest accrued thereon, for which need cannot be demonstrated pursuant to subsection A. The Council may authorize refund by direct payment, by providing a temporary suspension of fees, or by any other means consistent with this chapter.

C.    If the administrative costs of refunding unexpended or uncommitted revenues pursuant to this section exceed the amount to be refunded, the City, after a noticed public hearing where notice is published and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected, but which serves the project on which the fee was originally imposed.

ARTICLE 5—MISCELLANEOUS PROVISIONS

Sec. 7997.01 Limitations of Responsibility.

A.    The City shall be responsible only for the portions of the Stormwater Drainage Enterprise and Utility, which are in City-maintained street rights-of-way, and permanent stormwater drainage easements conveyed to and accepted by the City. Repairs and improvements to the stormwater drainage facilities shall be in accordance with established standards, policies, and schedules.

B.    The City’s acquisition of stormwater drainage easements and/or the construction or repair by the City of stormwater drainage facilities does not constitute a warranty against

Stormwater hazards, including, but not limited to, flooding, erosion, or standing water.

Sec. 7997.02 Unlawful to Obstruct Flow of Stormwater Runoff.

It shall be unlawful for any person to place, cause to be placed, or permit to be placed, any obstruction on or within any portion of the Stormwater Drainage Enterprise and Utility. For purposes of this section, "obstruction" shall mean anything, which, by itself or in conjunction with any other thing or things, impedes or tends to impede the flow of stormwater.

Sec. 7997.03 Severability.

If any section or sections of this ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect.

ARTICLE 6—STORMWATER DRAINAGE MAINTENANCE FEE SCHEDULE

Sec. 7998.01 Determination of Stormwater Drainage Maintenance Fee.

A.    The stormwater drainage maintenance fee shall be computed for a six-month period as a product of the Equivalent Impervious Surface Area, as defined in this Article, and the Unit Rate, as specified in this Article.

Sec. 7998.02 Equivalent Impervious Surface Area. (Ord. 1252, eff. 7/5/1996)

A.    The Equivalent Impervious Surface Area is the multiplication factor to be applied to the Unit Rate specified in this article.

B.    For single-family residential parcels, including duplex parcels, the Equivalent Impervious Surface Area is based on existing data for the City and shall be 2500 square feet.

C.    For non-single-family residential parcels, the Equivalent Impervious Surface Area shall be the actual total impervious area for the parcel.

Sec. 7998.03 Unit Rate. (Ord. 1236, eff. 7/7/1995; Ord. 1252, eff. 7/5/1996)

The stormwater drainage maintenance fee Unit Rate is $0.0047 for each six-month period.

DIVISION 2—REDUCTION OF STORMWATER POLLUTION

ARTICLE 1—GENERAL PROVISIONS

Sec. 7999.01 Findings, purposes and objectives.

A.    This Article sets forth standards for discharge into the stormwater drainage facilities for the City of Arcata, and establishes a stormwater pollution control program in compliance with the Clean Water Act (33 USC 1251 et seq.) and the United States Environmental Protection Agency (EPA) Phase II stormwater regulations (40 CFR Parts 9, 122 through 124). This ordinance is based on the following findings:

1.    Stormwater runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients (phosphorus and nitrogen), heavy metals and other toxic pollutants, pathogens, toxins, oxygen-demanding substances (organic material), and floatables. These pollutants may be carried into streams, rivers, estuaries and wetlands within the City of Arcata, Humboldt Bay and other waters of the United States.

2.    Stormwater discharges generated by construction activities can cause an array of physical, chemical and biological water quality impacts that significantly impair water quality.

3.    On December 8, 1999, the United States Environmental Protection Agency (EPA) issued its Phase II stormwater regulation final rule pursuant to authority conveyed in the Clean Water Act Section 1342(p). This rule requires the City of Arcata to develop a stormwater pollution control plan that meets at a minimum the following six (6) criteria: (a) public education and outreach, (b) public involvement, (c) illicit discharge detection and elimination, (d) construction site runoff control, (e) post-construction stormwater management in new development and redevelopment, (f) pollution prevention and good housekeeping.

4.    The City has previously adopted programs and ordinances that satisfy some of the minimum criteria of the required stormwater pollution control plan. Specifically, the stormwater Drainage Master Plan, adopted by the City Council on May 21, 1997, and the Creeks and Wetlands Management Plan (Resolution No. 956-30) adopted by the City Council on January 3, 1996, provide for public education, outreach and involvement through the "adopt-a-creek" and "creek clean-up days" programs, and additionally through storm drain labeling and brochures. The construction and post-construction runoff control criteria are satisfied in part through the Grading and Erosion Control Ordinance, Ordinance No. 1255, adopted by the City Council on September 18, 1996, and through conditions imposed by City-approved permits.

5.    On February 5, 2013, the California State Water Resources Control Board adopted Water Quality Order 2013-0001-DWQ issuing National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004, Waste Discharge Requirements (WDRs) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) (general permit), to further implement Phase II regulations.

6.    Said 2013 general permit requires, among other provisions, the City to regulate stormwater runoff from post-construction activities.

B.    Based on these findings, the purpose of this Article is to develop a fully comprehensive stormwater pollution control program, as required by the EPA Stormwater Phase II regulations, and as deemed appropriate to minimize or eliminate the impairment of water quality.

C.    The objectives of this Article are as follows:

1.    To eliminate nonstormwater discharges from public and private properties into the City’s stormwater drainage facilities.

2.    To reduce to the maximum extent possible contamination of and pollutants entering into the City’s stormwater drainage facilities.

3.    To initiate the adoption by the City of a Best Management Practices Manual to assist in the reduction or elimination of pollutants in stormwater, and to thereafter impose Best Management Practices on existing and new sources of contamination.

4.    To protect and enhance the water quality of the water resources, water bodies, and wetlands of the City of Arcata in a manner consistent with the Clean Water Act.

5.    To protect the health, safety, and general welfare of the residents of the City of Arcata by establishing monitoring, compliance and enforcement procedures. (Ord. 1463, eff. 7/31/2015)

Sec. 7999.02 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, are defined as follows:

A.    "Best management practices" or "BMPs" means a schedule of activities, prohibitions, management practices, or maintenance procedures that prevent or reduce the discharge of pollutants or discharges into the City’s stormwater drainage system.

B.    "Clean Water Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC Section 1251 et seq.

C.    "Director" means the Environmental Services Director, or his/her designee.

D.    "Discharge of pollutants" means the introduction of pollutants into the City’s stormwater drainage facilities or any waters of the United States.

E.    "Discharger" means the person directly causing or allowing the discharge.

F.    "Hazardous substances" means, without limitation, any material that because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous substances include, but are not limited to, those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in any local, state or federal law or regulation.

G.    "Illicit discharge" means any discharge into the City’s stormwater drainage facilities that is not composed entirely of stormwater, with the exceptions as identified herein.

H.    "MS4" or "municipal separate storm sewer" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (1) owned or operated by the City that discharges into waters of the United States; (2) designed or used for collecting or conveying stormwater; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works (POTW) as defined in the United States Code of Federal Regulations at 40 CFR 122.2.

I.    "MS4 general permit" means the State Water Resources Control Board NPDES General Permit No. CAS000004, Waste Discharge Requirements for Storm Water Discharges from Small MS4s, issued by Water Quality Order No. 2013-0001-DWQ on February 5, 2013, a copy of which is on file with the City Clerk.

J.    "National Pollutant Discharge Elimination System permit" or "NPDES permit" means the permit issued pursuant to Section 402 of the Clean Water Act, 33 USC 1342, and administered by the State of California under the authority of the U.S. Environmental Protection Agency, permitting the discharge of pollutants into navigable waters of the United States.

K.    "Pollutant" means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, cleaning products, industrial wastes, municipal wastes, agricultural wastes, animal wastes, biological materials, radioactive materials, anti-freeze, concrete rinsates, pesticides, fertilizers, herbicides, heat, wrecked or discarded equipment, rock, soil, sand, gasoline, benzene, fuel oil and other petroleum products, wax, phenols, wastewater (as defined in Section 7400), grease, fatty materials, offal or garbage, or other materials which are prohibited by the Clean Water Act and regulations adopted thereto. A pollutant shall also include any increment or increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this chapter in which a stormwater limit had been set as a condition of approval.

L.    "Stormwater drainage facilities" means the storm and surface water drainage systems comprised of stormwater control facilities and any other natural facilities, which store, control, treat, and/or convey storm and surface water. Stormwater facilities shall include all natural and constructed elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the City. They shall include: pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities whether public or private. Regardless of whether or not the City shall have recorded rights-of-way or easements, it is presumed that the City has a prescriptive right of access to all storm drainage facilities to inspect for proper operation and maintenance, and to require rehabilitation or replacement as necessary.

M.    "Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snow melt, surface runoff and drainage. (Ord. 1463, eff. 7/31/2015)

ARTICLE 2—PROHIBITION OF DISCHARGES INTO STORMWATER DRAINAGE FACILITIES

Sec. 7999.03 Stormwater pollution prohibited.

Except as expressly exempted herein, no person shall allow or cause the discharge of pollutants into stormwater drainage facilities. Without limiting the foregoing, the following activities are expressly prohibited:

A.    No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, gutter, creek, or other drainage structures, business place, or upon any public or private plot of land in the City, so that the same might be or might become a pollutant that enters the stormwater drainage facilities; provided, however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner.

B.    No person shall deposit leaves, dirt, wood chips or other landscape debris or material in such a manner as to obstruct, impound or cause siltation any part of the stormwater drainage facilities except as allowed by valid federal, state or local permits.

C.    No person shall dispose of any pesticide, fungicide or herbicide banned or otherwise regulated by the United States Environmental Protection Agency or the California Department of Pesticide Regulation, or its successor, into any part of the stormwater drainage facilities.

D.    No person shall allow or cause discharges from wastewater systems, industrial processes, cooling systems, boilers, fabric cleansing, equipment cleansing, vehicle engines, leaking vehicles, construction activities such as painting, sandblasting, paving, concrete placement, saw cutting, grading, swimming pools and spas into the stormwater drainage facilities.

E.    No person shall allow, permit or cause the discharge of hazardous substances into the stormwater drainage facilities.

Sec. 7999.04 Illicit connections conveying pollutants into stormwater drainage facilities prohibited.

A.    No person shall install, use or maintain a drain, conveyance, pipe, channel or other connection to the stormwater drainage facilities, whether on the surface or subsurface, that may result in the discharge of a pollutant or pollutants into the stormwater drainage facilities. For example, such illicit connections include but are not limited to those that could allow sewage, wastewater, and wash water to enter the stormwater drainage facilities and connections from indoor drains and sinks, regardless of whether the connection had been previously allowed, permitted, or approved by the City.

B.    No person shall install, use or maintain a drain or conveyance connected from a Commercial or industrial premise to the stormwater drainage facilities where such connection or drain is not approved by the City and documented in City records.

Sec. 7999.05 Exemptions.

Notwithstanding any provisions to the contrary, the following types of discharges into the stormwater drainage facilities are exempt from the prohibitions set forth above:

A.    Discharges from the following activities when the discharger conducts the activity such that the least amount of nonstormwater as practicable enters the stormwater drainage facilities:

1.    Watering of lawns, landscaping, and gardens;

2.    Exterior washing of personal motorized vehicles by residents;

3.    Draining of water from swimming pools or spas, after the chlorine or other disinfectant concentrate of such water shows a reading of zero concentration on a test kit;

4.    Flushing of water lines and hydrants, or other discharges from potable water sources if the chlorine concentration is less than one (1) milligram per liter measured at the point of entry into the stormwater drainage system;

5.    Flows from firefighting;

6.    Residential crawl space and basement sump pumps;

7.    Condensation from air conditioning units;

8.    Gravity drainage from groundwater piping systems, including foundation and footing drains, and roof drainage downspouts;

9.    Uncontaminated groundwater infiltration to separate storm sewers;

10.    Uncontaminated pumped groundwater.

B.    Discharges from naturally occurring rising ground waters, floodwaters, springs and flows from riparian habitats and wetlands, including diverted stream flows. (Ord. 1463, eff. 7/31/2015)

ARTICLE 3—BEST MANAGEMENT PRACTICES

Sec. 7999.06 Adoption of Best Management Practices.

A.    The Director shall, as soon as practicable, formulate and develop a Best Management Practices Manual for activities, operations, or facilities that may cause or contribute to pollution or contamination of the stormwater drainage facilities or waters of the United States. The Best Management Practices Manual shall include appropriate Best Management Practices for controlling the volume, rate, and potential pollutant load of stormwater runoff from existing and new projects as may be appropriate to minimize the generation, transport and discharge of pollutants. Best Management Practices requirements promulgated by any federal, State, or regional agency shall be incorporated into the Manual as appropriate.

B.    The Best Management Practices Manual shall be revised and updated on a regular basis as needed by new development, new regulations, or changing circumstances.

C.    The Best Management Practices Manual and all revisions thereto shall be adopted by the City Council after public hearing.

Sec. 7999.07 Duty to comply with Best Management Practices Manual.

A.    Every person undertaking an activity or operation, or owning or operating a facility that may cause or contribute to stormwater pollution or contamination shall comply with the BMP Manual.

B.    Not limiting the foregoing, the owner or operator of a commercial or industrial establishment shall, at the owner or operator’s sole cost, use BMPs from the BMP Manual to protect against the accidental discharge of pollutants into stormwater drainage facilities.

C.    The owner, occupant or other person in charge of the day-to-day operation of premises containing parking lots with more than 25 parking spaces, where such lots are associated with industrial or commercial activities, shall use BMPs as identified in the BMP Manual to reduce the discharge of pollutants. Such measures may include regular sweeping, litter pick-up, oil absorption or other measures as may be appropriate. Storm drain inlets shall be clearly marked by the owner with the words "No Dumping/ Flows to Bay," or the equivalent.

D.    The owner or occupant of premises where equipment is repaired or maintained at facilities associated with industrial or commercial activities shall use BMPs as identified in the BMP Manual to prevent the discharge of maintenance or repair related pollutants to the stormwater drainage facilities.

Sec. 7999.08 Building, Development and Construction Requirements.

A.    Any applicant for a building and/or grading permit shall, as a condition of receiving such permit, read and sign a certificate stating that the applicant has read the BMP Manual and shall use approved BMPs for all construction activity. The applicant shall submit for approval a Best Management Practices Plan specifying those methods which will prevent the entry of pollutants into the stormwater drainage facilities, including but not limited to the use of filter materials at drain inlets to retain debris, dirt or other pollutants generated by such work. Property owners and developers shall comply with all terms, provisions, and conditions of City approved Best Management Practices Plans.

B.    All development projects shall comply with the post-construction requirements of the MS4 general permit, Section E.12, Post Construction Storm Water Management Program, which may include measures for site design, source control, runoff reduction, stormwater treatment, or baseline hydromodification management as applicable based on project type and size. The City shall incorporate MS4 general permit post-construction requirements, as applicable, in any land use entitlement and construction or building-related permit to be issued relative to such development. The responsible party and developer shall comply with the terms, provisions, and conditions of such land use entitlements and permits. (Ord. 1463, eff. 7/31/2015)

Sec. 7999.09 NPDES permit requirements.

As a condition of receiving a building and/or grading permit from the City, an applicant that is subject to any NPDES permit shall provide evidence to the City that the applicant has submitted a Notice of Intent to the State Water Resources Control Board.

ARTICLE 4—COMPLIANCE MONITORING, VIOLATIONS AND ADMINISTRATIVE AND OTHER REMEDIES

Sec. 7999.10 Authority to inspect and sample for enforcement purposes.

A.    The City may conduct inspections and sampling as necessary to carry out the purposes of this chapter, including but not limited to random sampling or sampling in areas with evidence of stormwater contamination or discharges of pollutants into storm drainage facilities.

B.    The City shall have the right to set up on any property, or require the installation of, any devices as are reasonably necessary to conduct sampling or metering operations.

C.    The City shall have the right to conduct inspections to ascertain whether the purpose of this ordinance is being met, or whether BMP requirements contained in any permit or order issued by the City are being complied with.

D.    In order to fulfill the purposes and objectives of this ordinance, the City may require any person engaged in any activity or owning or operating any facility that may cause or contribute to illegal discharges, to install monitoring equipment as may be necessary.

E.    Unreasonable delays in allowing City personnel access to the premises shall be a violation of this ordinance.

Sec. 7999.11 Notice of discharges; clean-up.

Any person who causes or permits the discharge of pollutants shall take all necessary steps to notify the appropriate regulatory authority or authorities, contain and clean up such discharge as soon as possible and come into compliance with all applicable rules and regulations. In addition to other agencies as may be required by federal, state or local law, such person shall immediately notify the City of the discharge and inform it of the location of the discharge, type of material, concentration and volume discharged and of corrective actions taken.

Sec. 7999.12 Notification of Violation, Compliance Orders, Cease and Desist.

A.    Whenever the City finds that any person has violated or is violating this Ordinance, an order issued hereunder or a City permit, the Director may serve upon said person a written Notice of Violation. Within ten days of the receipt of this Notice, the person shall submit to the Director an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Submission of said plan in no way relieves the person of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take any action, including emergency or enforcement action, without first issuing a Notice of Violation.

B.    Whenever the City finds that any person has violated or is violating this Ordinance, an order issued hereunder or a City permit, the Director may issue a Compliance Order to the discharger directing the discharger to come into compliance within a time period determined reasonable by the Director. Compliance Orders may contain requirements to address the non-compliance, including the installation of adequate treatment facilities, devices, or other related appurtenances, self-monitoring, and BMPs. A Compliance Order does not release the user of liability for any violation, including any continuing violation. Issuance of a Compliance Order shall not be a prerequisite to taking any other action against the discharger.

C.    If the City finds that a discharge or activity has taken place in violation of this chapter, the Director may issue an order to cease and desist such discharge or activity and direct the discharger or other responsible party to immediately comply with the requirements herein and take appropriate remedial or preventive action as necessary including halting operations and/or terminating the discharge. Issuance of a cease-and-desist order shall not be a prerequisite to taking any other action against the discharger.

Sec. 7999.13 Administrative fines.

A.    Notwithstanding any other provision of this ordinance, the Director may issue an administrative complaint to any user who violates any provision of this ordinance. The administrative complaint shall allege the act or failure to act that constitutes the violation of the ordinance, shall provide a period deemed reasonable by the Director in which to come into compliance, shall specify the provisions of the law that authorize civil liability to be imposed, and shall state the proposed civil penalty.

B.    The administrative complaint shall be served by personal delivery or certified mail on the person alleged to be in violation, and shall inform said person that a hearing shall be conducted within ten (10) days after the person has been served. The hearing shall be before the Public Works Director, who shall act as Hearing Officer, unless conflicted or otherwise unavailable, in which case the hearing shall be before the Community Development Director, who shall act as Hearing Officer. The person who has been issued an administrative complaint may waive the right to a hearing, in which case no hearing shall be conducted. A person dissatisfied with the decision of the Hearing Officer may appeal to the City Council within thirty days of notice of the Hearing Officer’s decision.

C.    If after the hearing or appeal, if any, it is found that the person has violated provisions of this Ordinance, the Hearing Officer or City Council may assess a civil penalty against that person. In determining the amount of civil penalty, the Hearing Officer or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

D.    Civil penalties may be imposed in accordance with Government Code Section 53069.04 and shall not exceed $500.00 for each day of violation.

E.    The amount of any civil penalty imposed under this section that has remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of a civil penalty. The lien provided herein shall have no force or effect until recorded with the County Recorder and when recorded, shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of California Civil Code of Procedure Sections 683.110-683.220.

F.    Administrative actions provided herein are do not preclude the City from taking any other additional legal or administrative action.

Sec. 7999.14 Violations deemed a public nuisance.

Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is hereby declared to be a nuisance.

Sec. 7999.15 Acts constituting violation.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

Sec. 7999.16 Civil actions.

The City Attorney may seek legal, injunctive, or equitable relief to enforce the provisions of this chapter, including but not limited to any or all of the following remedies:

A.    A temporary restraining order or preliminary or permanent injunction.

B.    Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

C.    Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

D.    Compensatory damages for loss or destruction to water quality, wildlife, fish or aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for the costs associated with monitoring and establishing stormwater discharge pollution control systems, or implementing or enforcing the provisions of this chapter.

Sec. 7999.17 Remedies not exclusive.

The remedies and penalties provided for under this chapter are in addition to and do not supersede or limit any and all other remedies, administrative, civil or criminal. The remedies and penalties provided for in this chapter shall be cumulative and not exclusive.

ARTICLE 5—MISCELLANEOUS PROVISIONS

Sec. 7999.18 Liability.

Liability for any discharge in violation of the provisions of this chapter shall be the responsibility of the person or persons causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City and it’s employees in any administrative or judicial enforcement action relating to such discharge.

Sec. 7999.19 Violation of federal or state law.

Any person who violates any provision of this chapter, who discharges non-stormwater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Clean Water Act and/or other federal and state laws.

Sec. 7999.20 Construction and application.

This chapter shall be construed to ensure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof and supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029831 and any amendment, revision or reissuance thereof.

Sec. 7999.21 Severability.

If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

Sec. 7999.22 Conflicts.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance, are hereby repealed to the extent of the inconsistency or conflict.