Chapter 16.10
STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS
Sections:
16.10.010 Title.
16.10.020 Purpose and intent.
16.10.030 Definitions.
16.10.040 Responsibility for administration.
16.10.050 Regulatory consistency.
16.10.060 Reduction of pollutants in stormwater.
16.10.070 Illicit connections/discharges.
16.10.080 Nonstormwater discharges.
16.10.090 Discharges in violation of permit.
16.10.100 Enforcement.
16.10.110 Severability.
16.10.120 Effective date.
16.10.010 Title.
This chapter shall be known as the city of Calimesa stormwater/urban runoff management and discharge controls ordinance and may be so cited. [Ord. 95-17; Code 1990 § 5.5.01.]
16.10.020 Purpose and intent.
The purpose of this chapter is to ensure the future health, safety, and general welfare of city of Calimesa citizens by:
A. Reducing pollutants in stormwater discharges to the maximum extent practicable;
B. Regulating illicit connections and discharges to the storm drain system; and
C. Regulating nonstormwater discharges to the storm drain system.
The intent of this chapter is to protect and enhance the water quality of city watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1342). [Ord. 95-17; Code 1990 § 5.5.02.]
16.10.030 Definitions.
The terms as used in this chapter shall have the following meanings:
“Best management practice (BMPs)” shall mean any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the director of planning.
“City” shall mean the city of Calimesa.
“Illicit connection” shall mean any physical connection to a storm drain system which has not been permitted by the city of Calimesa, the Riverside County flood control and water conservation district, or other appropriate public agency.
“Illicit discharge” shall mean any discharge to the storm drain system that is not composed entirely of stormwater runoff, except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.
“Municipal NPDES permit” shall mean an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.
“National Pollutant Discharge Elimination System (NPDES) permit” shall mean a stormwater discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.
“Nonstormwater discharge” shall mean any discharge to the storm drain system that is not entirely composed of stormwater.
“Person” shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
“Pollutant” shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.
“Premises” shall mean any building, lot, parcel of land, land or portion of land, whether improved or unimproved.
“Storm drain system” shall mean any facility within the incorporated areas of the city of Calimesa by which stormwater may be conveyed to waters of the United States. “Storm drain system” includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catchbasins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structure.
“Stormwater runoff” shall mean surface runoff and drainage associated with rain storm events and snow melt. [Ord. 95-17; Code 1990 § 5.5.03.]
16.10.040 Responsibility for administration.
This chapter shall be administered by the director of planning of the city of Calimesa. [Ord. 95-17; Code 1990 § 5.5.04.]
16.10.050 Regulatory consistency.
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES. [Ord. 95-17; Code 1990 § 5.5.05.]
16.10.060 Reduction of pollutants in stormwater.
A. General. It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained any pollutant in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structure, business place, or upon any public or private plot of land in the city, the only exception being where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this chapter to cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structure, business place, or upon any public or private plot of land in the city.
B. Construction Sites. Any person performing construction work in the city shall comply with the provisions of this chapter, Riverside County Ord. 457 as adopted by the city of Calimesa and Chapter 18.70 CMC for erosion and sediment control.
C. New Development and Redevelopment. New development or redevelopment projects shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The director of planning shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation. The BMPs may, among other things, require new developments or redevelopments to do any of the following:
1. Increase permeable areas by leaving highly porous soil and low lying areas undisturbed; by incorporating landscaping and open space into the project design; by using porous materials for or near driveways and walkways; and by incorporating detention ponds and infiltration pits into the project design.
2. Direct runoff to permeable areas by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, and French drains; by installing rain-gutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas.
3. Maximize stormwater storage for reuse by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.
D. Existing Development. Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The director of planning shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation. [Ord. 95-17; Code 1990 § 5.5.06.]
16.10.070 Illicit connections/discharges.
It is a violation of this chapter to establish, use, maintain, or continue illicit connections to the storm drain system, or to commence or continue any illicit discharges to the storm drain system. This prohibition against illicit connections and discharges is expressly retroactive and applies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge. [Ord. 95-17; Code 1990 § 5.5.07.]
16.10.080 Nonstormwater discharges.
The discharge of nonstormwater into the storm drain system is a violation of this chapter except as specified below:
A. The discharge prohibition shall not apply to any discharge regulated under a NDPES permit or waiver issued to the discharger and administered by the state of California under the authority of the EPA; provided, that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.
B. Discharges from the following activities will not be considered a violation of this chapter when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawlspace pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, swimming pool discharges or flows from fire fighting. [Ord. 95-17; Code 1990 § 5.5.08.]
16.10.090 Discharges in violation of permit.
A. Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city of Calimesa in any administrative or judicial enforcement action relating to such discharge.
B. NPDES Permit for Industrial/Commercial and Construction Activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Santa Ana Regional Water Quality Control Board shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the industrial stormwater general permit, the construction activity stormwater general permit, and the dewatering general permit. Proof of compliance with said NPDES general permits may be required in a form acceptable to the director of planning prior to issuance of any city grading, building, or occupancy permits. [Ord. 95-17; Code 1990 § 5.5.09.]
16.10.100 Enforcement.
Violations of this chapter shall be punished as misdemeanors, as provided in Chapter 1.20 CMC (commencing with CMC 1.20.010). In addition, to the extent that the city makes any provision of this chapter or identified BMP a condition of approval to the issuance of a permit, any person in violation of such condition is subject to the permit revocation procedures set forth in the ordinance governing permit issuance. [Ord. 95-17; Code 1990 § 5.5.10.]
16.10.110 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. [Ord. 95-17; Code 1990 § 5.5.11.]
16.10.120 Effective date.
The ordinance codified in this chapter shall take effect 30 days after its adoption by the city council. [Ord. 95-17; Code 1990 § 5.5.12.]