Chapter 61.08
DISCHARGE REGULATIONS AND REQUIREMENTS
Sections:
61.08.010 Prohibited discharges.
61.08.020 Nonstormwater discharge prohibition.
61.08.030 Discharge in violation of permit.
61.08.040 Best management practice for all discharges.
61.08.050 Best management practice requirements for residential activities and facilities.
61.08.060 Best management practice requirements for commercial activities and facilities.
61.08.070 Best management practice requirements for industrial activities and facilities.
61.08.080 Best management practice requirements for municipal activities and facilities.
61.08.090 City’s stormwater standards manual.
61.08.100 Requirements for construction activities.
61.08.120 Inspection, operation and maintenance of BMPs.
61.08.130 Watercourse protection.
61.08.140 Possession, sale and disposal of genus Caulerpa (killer algae).
61.08.150 Bona fide scientific research exception.
61.08.160 Acceptable methods of disposal.
61.08.010 Prohibited discharges.
A. Illegal Activity. It is unlawful for any person to cause either individually or jointly any discharge into or from the stormwater conveyance system which results in or contributes to a violation of NPDES Permit No. CAS0109266.
B. Illicit Connection. The establishment of illicit connections is prohibited. The use of illicit connections is prohibited, even if the connection was established pursuant to a valid City permit and was legal at the time it was constructed.
C. Illicit Discharges. The discharge of nonstormwater to the stormwater conveyance system is prohibited, except as specified in CMC 61.08.020.
D. Litter, Dumps and Stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge is prohibited. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.020 Nonstormwater discharge prohibition.
A. The following discharges are exempt from the prohibition set forth in CMC 61.08.010:
1. Separately Permitted Discharges. The prohibition on nonstormwater discharges shall not apply to any discharge regulated under an NPDES permit issued to the discharger and administered by the SWRCB or San Diego Water Board.
a. Permitted discharges include uncontaminated pumped groundwater, discharges from foundation drains1, water from crawl space pumps; and water from footing drains1 under NPDES Permit No. CAG919003 (Order No. R9-2015-0013 as it may be amended or reissued) for discharges to surface waters within the San Diego Region.
b. Permitted discharges of nonstormwater from water line flushing and water main breaks by:
i. NPDES Permit No. CAG679001 (Order No. R9-2010-0003 as it may be amended or reissued) or NPDES General Permit No. CAG140001 (Order No. R9-2014-0194-DWQ, as it may be amended or reissued).
2. Categorically Allowed Nonstormwater Discharges. The following categories of nonstormwater discharges are exempt from discharge prohibitions established by this title, as long as dischargers install, implement and maintain BMPs to the MEP to minimize and eliminate pollutants in these nonstormwater discharges, unless the authorized enforcement official and the San Diego Water Board identify the discharge as a source of pollutants to receiving waters:
a. Discharges from potable water sources;
b. Foundation drains2;
c. Diverted stream flows;
d. Springs;
e. Rising groundwater;
f. Uncontaminated groundwater infiltration to the stormwater conveyance system;
g. Flows from riparian habitats and wetlands;
h. Water from footing drains2.
3. Nonstormwater Discharges Subject to Best Management Practices. The following categories of nonstormwater discharges are controlled as established by this title. Dischargers must, however, comply with any order issued pursuant to CMC 61.04.030(D); and must install, implement and maintain the specifically applicable BMPs, if any, set out in the City’s stormwater standards manual:
a. Air conditioning condensation shall be directed to:
i. Landscaped areas; or
ii. Other pervious surfaces; or
iii. Sanitary sewer system (if permitted by the authorized enforcement official).
b. Individual residential vehicle washing shall:
i. Discharge wash water to landscaped areas; or
ii. Other pervious surfaces where feasible; and
iii. Minimize water, washing detergent and other vehicle wash products used for residential vehicle washing; and
iv. The implementation of other BMPs, including behaviors, that prevent the discharge of pollutants associated with individual residential vehicle washing from entering the stormwater conveyance system as required by the authorized enforcement official.
c. Swimming pool discharges shall comply as follows:
i. Chlorinated pools shall eliminate residual chlorine (dechlorinate), algaecide, filter backwash, or other pollutants from swimming pool water prior to discharging to:
(A) The sanitary sewer system; or
(B) Obtain permission from the authorized enforcement official to discharge to the storm drain conveyance system.
ii. Saline swimming pool water shall comply as follows:
(A) Be directed to the sanitary sewer with permission from the authorized enforcement official;
(B) Be directed to landscaped areas, or other pervious surfaces that can accommodate the volume of water;
(C) Be discharged via a pipe or concrete channel directly to a naturally saline water body (e.g., Pacific Ocean).
d. Nonemergency and emergency firefighting activities shall comply as follows:
i. Nonemergency Firefighting Discharges.
(A) Building fire suppression system maintenance discharges (e.g., sprinkler line flushing) to the stormwater conveyance system must implement BMPs to prevent pollutants associated with such discharges.
(B) Nonemergency firefighting discharges (i.e., discharges from controlled or practice blazes, firefighting training, and maintenance activities not associated with building fire suppression systems) shall be conducted as specified in the stormwater standards manual.
ii. Emergency firefighting discharges shall implement BMPs to reduce or eliminate pollutants in emergency firefighting discharges to the stormwater conveyance system and receiving waters. During emergency situations, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs should not interfere with immediate emergency response operations or impact public health and safety.
4. Exemptions to Protect Public Health and Safety. Discharges determined by the authorized enforcement official, authorized enforcement staff, or San Diego Water Board to be necessary to protect public health and safety are exempt from discharge prohibitions established by this title, provided any conditions on such discharges imposed by the authorized enforcement official, authorized enforcement staff, or San Diego Water Board are satisfied.
5. Exemptions Not Absolute. Any discharge category described in subsection (A)(2) of this section that is found by the authorized enforcement official or the San Diego Water Board to be a significant source of pollutant to waters of the United States shall be prohibited from entering the stormwater conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge. Such prohibitions shall be effective on a schedule specified by the authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational. Alternatively, at the City’s discretion, the implementation of BMPs for a category may be proposed through the San Diego Bay Water Quality Improvement Plan, instead of prohibiting the discharge, if approval is received from the San Diego Water Board. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.030 Discharge in violation of permit.
Any discharge that would result in, or contribute to, a violation of NPDES Permit No. CAS0109266 or other State-issued NPDES permit, and 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. Any such persons in violation of NPDES Permit No. CAS0109266 or other State-issued NPDES permit shall defend, indemnify and hold harmless the City of Coronado in any administrative or judicial enforcement action relating to such discharge to the extent the discharge occurred in conjunction with a permitted activity as required as condition of that permit. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.040 Best management practice for all discharges.
Any person engaged in activities which will, or may, result in pollutants entering the City of Coronado’s stormwater conveyance system shall undertake all measures to reduce such pollutants to the MEP. The following minimum requirements and best management practices are applicable to all dischargers.
A. Applicable Requirements. All dischargers within the City of Coronado must comply with the generally applicable prohibitions and requirements in Chapter 61.04 CMC and this chapter, and must also comply with any other parts of this title (including relevant parts of the City’s stormwater standards manual) that are applicable to the type of facility or activity owned or operated by that discharger.
B. Best Management Practices for All Dischargers. All dischargers within the City of Coronado must install, implement and maintain BMPs to the MEP for activities and sources in these categories, as applicable.
1. Eroded or Disturbed Soils. Dischargers must apply BMPs to remove or secure any significant accumulations of eroded soils from slopes or soils from other areas previously disturbed by demolition, clearing or grading, if those soils could otherwise enter the stormwater conveyance system or receiving waters.
2. Pollution Prevention. Dischargers shall implement pollution prevention BMPs for their business practices that have the potential to discharge pollutants to the stormwater conveyance system or receiving waters.
3. Prevention of Illicit Discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed), and illicit discharge practices eliminated.
4. Slope Erosion. Completed slopes that are more than five feet in height, more than 250 square feet in total area, and steeper than 3:1 (run-to-rise) that have been disturbed at any time by clearing, grading, or landscaping, shall be protected from erosion following completion of the slope, and continuously thereafter.
5. Storage of Materials and Waste. All materials and wastes with the potential to pollute runoff shall be stored in a manner that either prevents contact with rainfall and stormwater, or contains the contaminated runoff for treatment and disposal.
6. Use of Materials. All materials with the potential to pollute stormwater and urban runoff (including but not limited to cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the stormwater conveyance system.
C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs must be inspected by the discharger before and following rain events and at minimum once prior to the rainy season. BMPs must be maintained so that they continue to function as designed. BMPs which fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure under the same or similar circumstances to meet MEP. The City may at its discretion require improvement, modifications or upgrades to BMPs, including source control BMPs for storage and refuse areas, for problematic and/or persistent sources of pollutants or illicit discharges to the stormwater conveyance system or receiving waters.
D. Stormwater Pollution Prevention Plan (SWPPP). The authorized enforcement official may require a commercial, industrial or construction activities discharger to prepare and submit a SWPPP for approval by that official if (1) the discharger does not come into compliance with this title after one or more warnings or other enforcement action, because BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of pollutants to the stormwater conveyance system or receiving waters despite compliance with this title. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement and maintain the BMPs specified in the approved SWPPP.
The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of stormwater to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the State’s NPDES industrial stormwater general permit. If the activity at issue is a construction activity, the SWPPP submitted to the City shall at a minimum meet the requirements of the State’s NPDES construction stormwater general permit.
Whenever submission of a SWPPP is required pursuant to this title, the authorized enforcement official or authorized enforcement staff may take existing City guidance documents into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP.
E. Notification of Spills, Releases and Illicit Discharges. Spills, releases, illicit discharges and discharges of pollutants to receiving waters or to the stormwater conveyance system shall be reported by the discharger as required by all applicable State and Federal laws. In addition, any such spills, releases and illicit discharges with the potential to endanger health, safety or the environment shall be reported to the Coronado Police Department at (619) 522-7350 and the Director of Public Services and Engineering at (619) 522-7380 immediately after discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illicit discharge.
F. Sampling, Testing, Inspection, Monitoring and Reporting. Residential, commercial, industrial or construction activities dischargers shall perform the sampling, testing, inspection, monitoring and reporting required by this title. In addition, the authorized enforcement official or authorized enforcement staff may order a discharger to conduct sampling, testing, inspection or monitoring and to report the result(s) to the City if (1) the authorized enforcement official determines that sampling, testing, inspection or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in runoff to the MEP, or to determine whether the facility or discharge is a significant source of pollutants to the stormwater conveyance system or receiving waters; or (2) the authorized enforcement officer or authorized enforcement staff determines that sampling, testing, inspection or monitoring is needed to assess the impacts of an illicit discharge on health, safety or the environment; or (3) an illicit discharge has not been eliminated after written notice by the authorized enforcement official or authorized enforcement staff; or (4) repeated violations have been documented by written notices from the authorized enforcement official or authorized enforcement staff; or (5) the San Diego Water Board requires the City to provide any information related to the discharger’s activities or discharges.
Sampling, testing and monitoring ordered pursuant to this subsection may include the following:
1. Visual monitoring of dry weather flows, wet weather erosion, and/or BMPs.
2. Visual monitoring of premises for illicit discharges, spills or other discharges.
3. Sampling for laboratory analytical testing of stormwater or nonstormwater discharges for pollutants.
4. Background or baseline pollutant or flow monitoring or analysis.
5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges or illicit discharges by the discharger (or by a group of dischargers including the discharger).
The authorized enforcement official or authorized enforcement staff may direct the manner in which the results of required sampling, testing, inspection and monitoring are reported, and may determine when required sampling, testing, inspection or monitoring may be discontinued.
G. Mitigation. All illicit discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illicit discharge. The authorized enforcement official or authorized enforcement staff or their designees who issued notice to the discharger that a discharge was illicit shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official or authorized enforcement staff shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.050 Best management practice requirements for residential activities and facilities.
A. Applicable Requirements. The requirements in this title apply to all residential dischargers within the City of Coronado. All residential dischargers must install, implement, operate, and maintain the BMPs identified in CMC 61.08.040 for all dischargers, as applicable, and any additional BMPs to meet the MEP definition including:
B. Home and Garden Care Activities and Product Use. Residential dischargers shall reduce pollutants in discharges to the MEP by implementing BMP for pesticides, herbicides and fertilizers used in home and garden care activities.
1. The discharge to the stormwater conveyance system or receiving waters of pesticides, herbicides and fertilizers from residential dischargers is prohibited.
2. Household hazardous waste may not be disposed of directly or indirectly to the trash or to the street, gutter or storm drain. Household hazardous waste can be disposed of at the City’s household hazardous waste collection site.
3. Residential dischargers shall implement additional BMPs for activities associated with residential properties (e.g., trash storage and handling, pool and fountain discharges, surface cleaning and maintenance, vehicle cleaning, maintenance and repair) as required by the authorized enforcement official or authorized enforcement staff to reduce and eliminate pollutant discharges to the MEP. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.060 Best management practice requirements for commercial activities and facilities.
A. Applicable Requirements. The requirements in this section apply to all commercial activities and facilities dischargers within the City of Coronado. All commercial activity and facilities dischargers must install, implement, operate, and maintain the BMPs identified in CMC 61.08.040 for all dischargers, and any additional BMPs to meet the MEP definition for the category of activities owned or conducted by the discharger. BMPs, if any, are specified in this section or in the City’s stormwater standards manual for the category of activity or facility owned or operated by that discharger. All regulated commercial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illicit discharges. Corrective employee training shall be provided as needed (and documented in training records) whenever an illicit discharge is discovered.
B. Regulated Commercial Facilities Identified. Facilities in the City of Coronado having one or more of the following characteristics are regulated commercial facilities:
1. The facility is a regulated commercial facility primarily engaged in one of the following commercial activities. Regulated commercial facilities, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs to the MEP and as required by the authorized enforcement official or authorized enforcement staff for each such type of facility or activity that has the potential to discharge pollutants to the stormwater conveyance system or receiving waters:
a. Automobile repair, maintenance, fueling, or cleaning;
b. Boat repair, maintenance, fueling, or cleaning;
c. Equipment repair, maintenance, fueling, or cleaning;
d. Automobile and other vehicle body repair or painting;
e. Mobile automobile or other vehicle washing;
f. Automobile (or other vehicle) parking, parking lots and storage facilities;
g. Retail or wholesale fueling;
h. Pest control services;
i. Eating or drinking establishments including food markets;
j. Mobile carpet, drape or furniture cleaning;
k. Cement mixing or cutting;
l. Masonry;
m. Painting and coating;
n. Botanical and zoological gardens and exhibits;
o. Landscaping;
p. Nurseries and greenhouses;
q. Golf courses, parks and other recreational areas/facilities;
r. Pool and fountain cleaning;
s. Marinas;
t. Portable sanitary services;
u. Building material retailers and storage;
v. Animal facilities; and
w. Power washing services.
C. Best Management Practices for all Regulated Commercial Facilities. All regulated commercial facilities shall install, implement and maintain the BMPs specified in the City’s stormwater standards manual or as directed by the authorized enforcement official or authorized enforcement staff including but not limited to the following:
1. Employee training on BMPs.
2. Storm drain tileage, signage and stenciling.
3. Pollution prevention.
4. Materials and waste management.
5. Vehicles and equipment operations, storage, repair, maintenance and parking.
6. Outdoor areas. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.070 Best management practice requirements for industrial activities and facilities.
A. Requirements. The requirements in this section apply to all industrial activities and facilities dischargers within the City of Coronado. All industrial activity and facilities dischargers must install, implement, operate, and maintain the BMPs identified in CMC 61.08.040 for all dischargers, and any additional BMPs to meet the MEP definition for the category of activities owned or conducted by the discharger. All BMPs, if any, are specified in this section or in the City’s stormwater standards manual for the category of activity or facility owned or operated by that discharger. All regulated industrial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illicit discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illicit disposal practice is identified.
B. High Priority Industrial Facilities. Regulated industrial facilities that have one or more of the characteristics listed below are high priority industrial facilities:
1. The facility is subject to the State’s industrial stormwater general permit, taking into account all of the provisions of that permit and any subsequent amendments, and shall comply with the requirements of the industrial stormwater general permit.
2. The facility was notified in writing by the authorized enforcement official or authorized enforcement staff that it has been designated a high priority industrial facility and shall comply with the provisions of this title and implement BMPs to the MEP for industrial activities that discharge or have the potential to discharge pollutants to the stormwater conveyance system or the receiving waters. Such designations shall take effect 30 days after mailing or service of notice. These designations shall be made where the facility discharges a pollutant load in stormwater or runoff that causes or contributes to the violation of water quality standards or this title. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.080 Best management practice requirements for municipal activities and facilities.
A. Municipal Facilities Requirements. The requirements in this section apply to all municipal activities and facilities dischargers within the City of Coronado. All municipal activity and facilities dischargers must install, implement, operate, and maintain the BMPs identified in CMC 61.08.040 for all dischargers, and any additional BMPs to meet the MEP definition for the category of activities owned or conducted by the discharger. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.090 City’s stormwater standards manual.
A. Stormwater Standards Manual. The City’s stormwater standards manual is made up of recommended BMPs described in fact sheets and/or lists of BMPs for various activities. All dischargers who are required by this title to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent and conform with the applicable specifications, if any, contained in the City’s stormwater standards manual, for the category and priority of activity or facility owned or operated by that discharger.
B. Existing Facilities. The City’s stormwater standards manual sets out BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where BMPs and objective specifications are specified, they are mandatory. Where no BMPs have been specified in the stormwater standards manual for a type and category of facility or activity, the requirements set out in this title are applicable and BMPs shall be implemented to meet MEP. Deviations from the BMPs set out in the manual are allowed in the following circumstances: (1) the City determines pursuant to CMC 61.04.030(D) to issue an order to require additional BMPs, and provides the required written notice; or (2) a City guidance document prepared pursuant to CMC 61.04.030 sets out additional compliance requirements that may be used in lieu of the BMPs specified in the manual.
C. Land Development Activity Projects. Requirements applicable to land development and redevelopment projects are set out in the BMP design manual. Additional requirements will apply to completed land development projects when they become subject to this title as residential, industrial, municipal or commercial facilities.
The BMP design manual sets out BMPs, other objective specifications, and performance standards for land development projects. The minimum BMPs and other objective specifications in the BMP design manual are applicable to both ministerial and discretionary land development projects. The performance standards in the BMP design manual are applicable to projects that require a discretionary or ministerial City permit or approval, and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design and associated BMPs will meet these performance standards for their facility or activity, and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable performance standards.
D. Conflicting or More Detailed Requirements. In case of any conflict between any applicable BMPs specified in CMC 61.08.040 through 61.08.070, and any applicable requirements described in more detail for a particular type of facility or activity in the City’s stormwater standards manual, the requirement in the manual shall prevail. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.100 Requirements for construction activities.
A. Permit Issuance. No land owner or development project proponent shall receive any City demolition, grading, clearing, building or other land development permit required for construction activities without first complying with the requirements of this title.
B. Owners and Operators Both Responsible and Liable. Persons or entities performing construction activities in the City and the owners of land on which construction activities are performed are dischargers for purposes of this title; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C. Construction BMP Plan. All applications to the City for a permit or approval associated with a construction activity must be accompanied by a construction BMP plan, on a form or in a format specified by the City. The construction BMP plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this title for the activity at issue.
D. Construction Activity Pollutant Control to the Maximum Extent Practicable. All dischargers engaged in construction activities must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant, including sediment, discharges in stormwater from land disturbance to the maximum extent practicable as specified in the stormwater standards manual. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.110 Planning, design and post-construction requirements for all land development and redevelopment projects.
A. Planning, Design and Post-Construction Requirements for all Land Development and Redevelopment Projects. No land owner or development project proponent in the City of Coronado shall receive any discretionary or ministerial City permit or approval for land development activity unless the project meets or will meet the requirements of this title. Post-construction BMP requirements imposed by this section and by the City’s BMP design manual or any subsequent amendment shall not apply if the following conditions are met:
1. The project proponent has received written approval of the design that incorporates the stormwater drainage system for the priority development project in its entirety, including all applicable structural pollutant control consistent with the previous applicable 2007 NPDES Permit CAS0109266 requirements and the Model SUSMP prior to the approval of the BMP design manual or any amendment thereto; and
2. The project proponent has been issued project permit(s) or approval(s), or equivalent, that authorizes the priority development project to commence construction activities on a design approved pursuant to subsection (A)(1) of this section; and
3. The project proponent has conducted construction activities on the priority development project within 365 days prior to, or within the 180 days after, the effective date of the BMP design manual; and
4. All subsequent project permits or approvals, or equivalent, that are needed to implement the design initially approved in conformance with subsection (A)(1) of this section are issued within five years of the effective date of the BMP design manual and the storm drainage system for the priority development project in its entirety including all applicable structural pollutant control BMPs remain in substantial conformity with the design initially approved per subsection (A)(1) of this section.
B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which development activities are performed are dischargers for purposes of this title; provided, however, that a local government or other public authority is a discharger only for its own activities on public property and not for the activities conducted by others.
C. Post-Construction Best Management Practices Required. Land development and redevelopment projects shall be planned, designed and constructed to include and shall implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the maximum extent practicable, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives.
D. Stormwater Quality Management Plan. All applications to the City for a permit or approval associated with a land development or redevelopment activity must be accompanied by a stormwater quality management plan on a form or in a format specified by the City. The plan shall specify the manner in which the discharger/applicant will implement the post-construction BMPs required by this title. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Fees for stormwater quality management plan review and deposit thereof shall be adopted by resolution of the City Council.
E. Additional Minimum Post-Construction Best Management Practices for Land Development Activities. Whether a City permit or approval is required or not, and whether a stormwater quality management plan is required to be submitted or not, all dischargers engaged in land development or redevelopment activities in the City of Coronado shall implement post-construction BMPs in the following areas if applicable to the project and as outlined in the BMP design manual:
1. Source control BMPs, to minimize the release of pollutants into runoff including stormwater. Also known as pollution prevention measures or BMPs.
2. Site design BMPs, such as impervious surface minimization; and appropriate use of buffer zones to protect natural water bodies.
3. Structural or stormwater pollutant control BMPs designed to retain (intercept, store, infiltrate, evaporate, and evapotranspire) on site the pollutants contained in stormwater runoff up to the design capture volume. Structural BMPs are applicable to priority development projects as outlined in the City’s BMP design manual.
4. Other applicable BMPs required by the City’s BMP design manual.
F. Control to the Maximum Extent Practicable. All dischargers engaged in land development and redevelopment activities shall install, implement and maintain post-construction BMPs as needed to prevent or reduce pollutant discharges in stormwater from land development to the maximum extent practicable. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.120 Inspection, operation and maintenance of BMPs.
A. Existing Development. Residential, commercial, industrial and municipal dischargers shall operate and maintain the BMPs they rely upon to achieve and maintain compliance with this title and as required in the stormwater standards manual, as applicable.
B. New Development or Redevelopment. The owners and occupants of lands on which structural BMPs have been installed to meet the requirements of this title shall ensure the operation and maintenance of those BMPs, and shall themselves maintain those BMPs if other persons or entities who are also obliged to maintain those BMPs (by contract or covenant, or pursuant to this title) fail to do so. All structural or stormwater pollution control BMPs must be inspected and maintenance performed, if needed, at least annually prior to each rainy season.
C. City Inspection of BMPs. The authorized enforcement official and authorized enforcement staff authority to inspect discharger’s premises and BMPs in accordance with Chapter 61.12 CMC.
D. Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City of Coronado pursuant to this title as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obligated to maintain that BMP pursuant to this title.
E. Obligation to Maintain Best Management Practices Not Avoided by Contracts or Other Agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this title.
F. Disclosure of Maintenance Obligations. Any developer or owner who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer.
G. Maintenance Plans for Priority Development Projects. The proponents of any priority development project that requires a City permit shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all structural BMPs associated with the project as specified in the City’s BMP design manual. The plan shall provide for servicing of all structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three years.
H. Access/Easement Agreement. The proponents of any land development project or redevelopment project that requires a City permit shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which permanent structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs.
I. Assurance of Maintenance for Land Development Projects. The proponents of any land development or redevelopment project that requires a City permit shall provide to the City, prior to issuance of such permit, proof of a mechanism acceptable to the City which will ensure ongoing long-term maintenance of all structural BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless and until an alternative mechanism for ensuring maintenance is accepted by the City and becomes effective. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.130 Watercourse protection.
A. Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall:
1. Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse.
2. Maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
3. Shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
B. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Director of Public Services and Engineering or the appropriate State or Federal agencies, if applicable:
1. Discharge pollutants into, or connect any pipe or channel to a watercourse.
2. Modify the natural flow of water in a watercourse.
3. Carry out developments within 30 feet of the center line of any creek or 20 feet of the top of a bank, whichever is the greater distance from the top of the bank.
4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance.
5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse.
6. Place any loose or unconsolidated material along the side of, or within, a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such a watercourse.
C. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game stream alteration permit process.
D. Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any Federal, State of California, regional agency, and/or the City of Coronado, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater conveyance 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 Public Services and Engineering. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.140 Possession, sale and disposal of genus Caulerpa (killer algae).
A. Possession, Sale or Improper Disposal of Caulerpa. It is unlawful for any person to sell, possess, transport within this City, transfer or make a gift of any salt water algae of the genus Caulerpa; or to release alive into the City’s waterways, storm drains or ocean any salt water algae of the genus Caulerpa. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.150 Bona fide scientific research exception.
A person may possess or transport specimens of the algae genus Caulerpa for bona fide scientific research or for identification purposes. Whether the research is bona fide shall be determined by the authorized enforcement official. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
61.08.160 Acceptable methods of disposal.
Acceptable methods of disposal shall be determined by the authorized enforcement official after consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, or the National Marine Fisheries Service. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 2), 2007)
Only applies to this category of nonstormwater if 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.
Only applies to this category of nonstormwater discharge if the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to discharge nonstormwater under unusual circumstances.