Chapter 13.10
STORM WATER MANAGEMENT1
Sections:
13.10.010 Title.
13.10.020 Purpose and intent.
13.10.030 Definitions.
13.10.040 General provisions.
13.10.050 Discharge prohibitions.
13.10.060 Discharges exempted from discharge prohibitions.
13.10.070 General BMP requirements.
13.10.080 Residential BMP requirements.
13.10.090 Commercial BMP requirements.
13.10.100 Industrial facility BMP requirements.
13.10.110 Agricultural BMP requirements.
13.10.120 Municipal facility BMP requirements.
13.10.130 City Jurisdictional Urban Runoff Management Plan (“JURMP”).
13.10.140 Land disturbance activity BMP requirements.
13.10.150 Land development and redevelopment BMP requirements.
13.10.160 Maintenance of BMPs.
13.10.170 Inspection and sampling.
13.10.180 Enforcement.
13.10.190 Other acts and omissions that are violations.
13.10.200 Remedies not exclusive.
13.10.210 Severability.
13.10.010 Title.
This chapter shall be known as the “city of Solana Beach storm water management and discharge control ordinance.” (Ord. 379 § 1, 2008)
13.10.020 Purpose and intent.
The purposes of this chapter are to protect the health, safety and general welfare of city of Solana Beach residents; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with California Regional Water Quality Control Board San Diego Region Order No. R9-2007-0001 and with applicable state and federal law. This chapter seeks to promote these purposes by:
A. Prohibiting polluted non-storm water discharges to the storm water conveyance system;
B. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution;
C. Establishing requirements for development project site design, to reduce storm water pollution and erosion;
D. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and enhance existing water-dependent habitats;
E. Establishing standards for the use of off-site facilities for storm water management to supplement on-site practices at new development sites; and
F. Establishing notice procedures and standards for adjusting storm water and non-storm water management requirements where necessary. (Ord. 379 § 1, 2008)
13.10.030 Definitions.
The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter and reference documents, whether or not these words or phrases are capitalized:
“Advanced treatment” means using mechanical or chemical means to flocculate and remove suspended sediment from runoff from construction sites prior to discharge.
“Attached residential development” means any development that provides 10 or more residential units that share an interior/exterior wall. This category includes, but is not limited to: dormitories, condominiums and apartments.
“Authorized enforcement official” means the city manager of the city of Solana Beach or any designee of the city manager of the city of Solana Beach who is responsible for enforcing the provisions of this chapter, including but not limited to the directors, their management staff, and designees.
“Best management practices” or “BMPs” means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the storm water conveyance system. Best management practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure approved by the city and consistent with Order No. R9-2007-0001 that can help to achieve compliance with this chapter.
“Channel” means natural or improved watercourse with a definite bed and banks that conducts flowing water either continuously or intermittently.
“City” means the city of Solana Beach.
“City of Solana Beach SUSMP” means the document described in SBMC 13.10.130.
“Commercial development” means any development on private land that is not exclusively heavy industrial or residential uses. The category includes, but is not limited to: mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, automotive dealerships, commercial airfields, and other light industrial complexes.
“Commercial development greater than one acre” means any commercial development that results in the disturbance of one acre or more in land.
“Commercial discharger” means a discharger who operates a regulated commercial facility.
“Constructed wetland” means a vegetated area that has been deliberately modified to provide or enhance habitat, to provide water quality benefits, or to moderate water flow rates or velocities, that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
“County” means the county of San Diego.
“Detached residential development” means any development that provides 10 or more freestanding residential units. This category includes, but is not limited to: detached homes, such as single-family homes and detached condominiums.
“Detention” means the temporary storage of storm runoff in a manner that controls peak discharge rates and provides some gravity settling of pollutants.
“Detention facility” means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
“Developer” or “development project proponent” means a person who seeks or receives permits for, or who undertakes, land development activity.
“Directly connected impervious area (DCIA)” means the area covered by a building, impermeable pavement, and/or other impervious surfaces, which drains directly into the storm drain without first flowing across permeated vegetated land area (e.g., lawns).
“Directors” means the directors of community development and public works.
“Discharge,” when used as a verb, means to allow pollutants to directly or indirectly enter storm water, or to allow storm water or non-storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, “discharge” means the pollutants, storm water and/or non-storm water that is discharged.
“Discharger” means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
“Discharges directly to” means storm water or non-storm water that enters receiving waters from a facility or activity, without mixing with any storm water or non-storm water from another facility or activity prior to entering such receiving waters.
“Drainage easement” means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes.
“Employee training program” means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge.
“Enforcing agency” means the city manager, or his/her designee, is responsible for enforcing the provisions of this chapter.
“Environmentally sensitive areas” or “ESAs” means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies (“303(d) water bodies”); areas designated as Areas of Special Biological Significance (ASBS) by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves. The limits of areas of special biological significance are those defined in the Water Quality Control Plan for the San Diego Basin (1994) and amendments.
“Erosion control plan” means a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded.
“Erosion control system” means any combinations of desilting facilities, retention basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, and archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site.
“Hazardous material” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed (California Health and Safety Code Section 25117).
“Hillside” means lands that have a natural gradient of 25 percent (four feet of horizontal distance for every one foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (one foot of horizontal distance for every two feet of vertical distance) or greater and a minimum elevation differential of 10 feet.
“Hillside development greater than 5,000 feet” means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions.
“Household hazardous waste” means household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to, paint and paint-related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries.
“Hydrologic soil group” means the classification system for soil erodibility set out in Soil Survey – San Diego Area, California (December 1973), issued by the U.S. Department of Agriculture Soil Conservation Service and the U.S. Forest Service. In this system soils are categorized into four runoff potential groups. The groups range from “A” soils, which have high permeability and little runoff production, to “D” soils, which have low permeability rates and produce much more runoff.
“Hydromodification” means the change in the natural hydrologic processes and runoff characteristics (i.e., interception, infiltration, overland flow, interflow and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and changes in sediment transport. In addition, alteration of stream and river channels, installation of dams and water impoundments, and excessive stream bank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes.
“Illegal connection” means a pipe, facility, or other device connected to the storm water conveyance system or receiving waters, which has not been reviewed and authorized by the city; or a permitted/authorized pipe, facility or other device, which conveys illegal discharges.
“Illegal discharge” means any discharge into storm water, the storm water conveyance system (MS4), or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of non-storm water that are not exempt discharges listed in SBMC 13.10.060, any discharge from an illegal connection, and any discharge that contains additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a RWQCB permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable RWQCB or the Storm Water Pollution Prevention Plan (SWPPP) are illegal discharges for purposes of this chapter unless compliance with all applicable permit and SWPPP conditions is maintained.
“Impaired water body” means a water body that is listed by the RWQCB and SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. “303(d) listed water body” has the same meaning.
“Impervious cover” or “impervious surface” means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways.
“Impervious surface area” means the ground area covered or sheltered by an impervious surface, measured in plain view (i.e., as if from directly above). For example, the “impervious surface area” for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
“Industrial activity” means the manufacturing, processing or raw materials storage at a commercial, industrial, or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product.
“Industrial discharger” means a discharger who operates a regulated industrial facility.
“Industrial storm water permit” means the state general industrial storm water permit.
“Infiltration” means the process of percolating storm water or non-storm water into the soil.
“Infiltration BMPs” or “infiltration facility” means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands, or filtering swales are not infiltration facilities.
“Jurisdictional wetland” means an area that is naturally inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Constructed wetlands are not jurisdictional wetlands.
“Land development activity” means any activity or proposed activity that requires any of the permits or approvals listed in SBMC 13.10.040(F).
“Land disturbance activity” means any activity requiring a grading permit that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. “Land disturbance activity” does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.
“Land owner” means the holder of legal title to land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement or long-term lease.
“Low impact development” or “LID” means a storm water management and land use development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-development hydrologic functions.
“Maintenance of a BMP” means periodic action taken to maintain the as-designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.
“Maximum extent practicable” or “MEP” means the technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers of urban runoff must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense).
“Motor vehicle” means any automobile, car, truck, bus, motor home or other self-propelled vehicle used or suited to use for on-road transportation; and any similar vehicle modified for off-road use.
“Municipal facility” means a facility owned or operated by the city of Solana Beach that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. The commercial or industrial lessees of such facilities may, however, be subject to this chapter as commercial dischargers or industrial dischargers.
“Municipal separate storm sewer system” or “MS4” is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the city having jurisdiction over disposal of storm water; (2) designated or used for collecting or conveying storm water; (3) which is not a combined sewer; (4) which is not part of a publicly owned treatment works as defined at 40 CFR 122.26.
“Natural drainage” means a natural swale or topographic depression, which gathers and/or conveys runoff to a permanent or intermittent watercourse or water body.
“New development” means land-disturbing activities; structural development, including construction or installation of a building or structure; the creation of impervious surfaces; and land subdivision.
“Non-storm water discharge” means any discharge to the storm water conveyance system or receiving waters that is not composed entirely of storm water.
“Notice of intent” or “NOI” is a formal notice to the SWRCB which provides information on the owner, location, project, operations, schedule and contact, which accompanies the application for coverage under state general construction and/or industrial storm water permits.
“NPDES permit” means a National Pollutant Discharge Elimination System permit issued by the U.S. Environmental Protection Agency, the SWRCB or the RWQCB.
“NPDES Permit No. CAS 0108758” means the RWQCB Order No. R9-2007-0001, NPDES Permit No. CAS 0108758, “Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority.”
“Parking lot” means land area or a facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce.
“Performance standard” means a requirement under this chapter that specifies a result that must be achieved (such as “minimize impervious surface area” or “do not impair receiving water quality”) without specifying the means that must be used to achieve that result. This chapter applies performance standards only to certain land development and redevelopment projects that require discretionary city permits; those permits will typically include enforceable project-specific requirements intended to achieve the result required by the performance standard.
“Pollutant” may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of basin plan, enclosed bays and estuaries plan, inland surface water plan, and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. “Organic contaminant” may include leaves, grass clippings, and yard waste and trimmings. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of basin plan, enclosed bays and estuaries plan, inland surface water plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature.
“Pollution prevention” means the practices and processes that reduce or eliminate the generation of pollutants, in contrast to source control BMPs, treatment control BMPs, or disposal.
“Premises” means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
“Priority development project” refers to new development and redevelopment project categories as more fully set forth in Section D.1.d(2) of Order No. R9-2007-0001.
“Project footprint” means the limits of all grading and ground disturbance, including landscaping, associated with a project.
“Projects discharging to receiving waters within environmentally sensitive areas” means all development and significant redevelopment that would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10 percent or more of its naturally occurring condition, and either discharge urban runoff to a receiving water within or directly adjacent (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area) to an environmentally sensitive area, or discharge to a receiving water within an environmentally sensitive area without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area).
“Rainy season” means October 1st through April 30th.
“Receiving waters” means surface bodies of water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral [exhibiting bed, bank, and ordinary high water mark]), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. The city’s use of the term “receiving waters” is to be consistent with the federal definition utilized by the United States Army Corps of Engineers and the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters.
“Redevelopment” means any construction, alteration or improvement at an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surface.
“Regulated commercial facility” means all nonresidential facilities engaged in business or commerce, whether for profit or not-for-profit, or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non-storm water or the discharge of pollutants to storm water.
“Regulated industrial facility” means any facility subject to the state general industrial storm water permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials, or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the state general industrial storm water permit.
“Residential development” means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multifamily homes, condominiums, and apartments.
“Residential discharger” means for an occupied residence, the occupants; and for a vacant residence, the owner and the manager, if any, of the residence.
“Restaurant” means, for the purposes of this chapter, a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption, where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except hydromodification requirements.
“RWQCB” means the California Regional Water Quality Control Board for the San Diego region.
“Sediment” means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms’ survival rates, smother bottom-dwelling organisms, and suppress aquatic vegetation growth.
“Significant redevelopment” means development that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under a priority development project category. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria identified in the city of Solana Beach SUSMP apply only to the addition, and not to the entire development. When redevelopment results in an increase of more than 50 percent of the impervious surfaces of a previously existing development, the numeric sizing criteria apply to the entire development. “Significant redevelopment” includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) is removed, exposing underlying soil during construction. “Significant redevelopment” does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lanes on existing roads; and replacement of damaged pavement.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive, or medical waste.
“Source control BMP” (both structural and nonstructural) means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas.
“Standard urban storm water mitigation plan” or “SUSMP” means the program that is required to be implemented in accordance with the city of Solana Beach SUSMP to address post-construction urban runoff pollution from new development and redevelopment projects that fall under “priority project categories.”
“State” means state of California.
“State general construction storm water permit” means NPDES Permit No. CAS 000002, Waste Discharge Requirements for Discharges of Stormwater Associated with Construction Activities, and any amendments thereto.
“State general industrial storm water permit” means NPDES Permit No. CAS 000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto.
“Stop work order” means an order issued which requires that specifically identified activity or all activity on a site be stopped.
“Storm water” means surface runoff and drainage associated with storm events.
“Storm water conveyance system” means private and public drainage facilities other than sanitary sewers within the city of Solana Beach by which urban runoff may be conveyed to receiving waters, and includes, but is not limited to, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, inlets to storm drains or pipes, or catch basins.
“Storm water management” is the use of structural or nonstructural BMPs that are designed to reduce urban runoff pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the city or another municipality, storm water management also includes planning and programmatic measures.
“Storm water management plan” means a plan, submitted on a city form or in a city-specific format in connection with an application for a city permit or other city approval, identifying the measures that will be used for storm water and non-storm water management during the permitted activity.
“Storm water pollution prevention plan” or “SWPPP” means a document (other than a storm water management plan) which meets the requirements for an SWPPP set out in the state general construction storm water permit or state general industrial storm water permit. An SWPPP submitted to the city must describe the BMPs to be implemented and other steps to be taken by the discharger to meet the requirements of this chapter.
“Storm water retrofit” means a storm water management BMP designed for an existing development site or activity that previously had either no storm water management BMPs in place or that relied on BMPs inadequate to meet the storm water management requirements of the site or activity.
“Streets, roads, alleys, highways, and freeways,” for the purposes of this chapter, means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles. For the purposes of SUSMP requirements, streets, roads, alleys, highways and freeways do not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement.
“Structural BMP” means a BMP that relies on either a physical condition, other than an entirely natural and undisturbed condition, or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Constructed or enhanced BMPs that depend on natural materials and processes (such as constructed drainage swales or buffers, or constructed wetlands), and that require periodic maintenance to function as designed, are structural BMPs.
“Structural post-construction BMP” means a structural BMP, other than a temporary construction-related BMP, put in place in connection with a land development activity or redevelopment project to prevent or reduce contamination in storm water or receiving waters, or to prevent or reduce erosion downstream from the project.
“SWRCB” means the State Water Resources Control Board.
“Threat to water quality” means a set of criteria used to prioritize existing commercial and industrial facilities for inspection purposes. The following criteria shall be considered when determining threat to water quality: (1) type of activity (SIC Code); (2) materials used at the facility; (3) wastes generated; (4) pollutant discharge potential; (5) non-storm water discharges; (6) size of facility; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; (9) whether the facility is subject to the general industrial permit or an individual NPDES permit; (10) whether the facility has filed a no exposure certification/notice of non-applicability; (11) facility design; (12) total area of the site, area of the site where industrial or commercial activities occur, and area of the site exposed to rainfall and runoff; (13) the facility’s compliance history; and (14) any other relevant factors.
“Treatment control (structural) BMP” means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process.
Tributary to an Impaired Water Body. A facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters: (1) the storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge directly to the impaired water; (2) a flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or (3) an ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired form the facility or activity to the impaired water body during such storm events.
“Urban runoff” means all flows in a storm water conveyance system in the city other than point source discharges in violation of a site-specific NPDES permit. “Urban runoff” includes, but is not limited to, storm water, exempt non-storm water discharges, and illicit discharges.
“Water main” means a potable or recycled water delivery line greater than or equal to four inches in diameter.
“Water quality standards” means the beneficial uses (such as swimming, fishing, municipal drinking water supply) of water and the water quality objectives adopted by the state or the United States Environmental Protection Agency to protect those uses.
“Watercourse” means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water.
“Waters of the United States” means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes navigable waters, waters tributary to navigable waters, and adjacent wetlands. (Ord. 431 § 3, 2011; Ord. 399 § 16, 2009; Ord. 379 § 1, 2008)
13.10.040 General provisions.
A. Responsibility for Administration. This chapter shall be administered for the city of Solana Beach by its authorized enforcement officials.
B. Effective Date. This chapter shall take effect June 24, 2011.
C. Construction and Application. Interpretation of this chapter shall assure consistency with the purpose and intent of this chapter and shall implement the requirements of NPDES Permit No. CAS0108758. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule, or regulation, statute or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards for human health or the environment shall take precedence. Storm water or non-storm water discharges regulated under a valid facility-specific NPDES permit or facility-specific RWQCB waste discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB.
D. Recycled Water. This chapter is not intended to prohibit or prevent the use of recycled water, or the discharge of recycled water after use. This chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment.
E. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid.
F. City Permits and Approvals.
1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating a storm water management plan and incorporation of the SUSMP elements as defined in the city of Solana Beach SUSMP into the design documents. Submitted materials shall demonstrate how the requirements of this chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this chapter:
a. Coastal development permit;
b. Lot line adjustment;
c. Final map modification;
d. Grading plan (including modification or renewal);
e. Improvement plan (including modification);
f. Landscape plan;
g. Conditional use permit (including modification, minor deviation, or extension);
h. Development review permit (including modification, minor deviation, or extension);
i. Parcel map modification;
j. Specific plan;
k. Structure development permit;
l. Development agreement;
m. Tentative map (including any amendment or time extension);
n. Tentative parcel map;
o. Variance.
2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the city of Solana Beach JURMP will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements:
a. Building permit;
b. Construction right-of-way permit;
c. Encroachment permit;
d. Excavation permit;
e. Sewer construction permit;
f. Underground tank permit;
g. Well permit;
h. Demolition permit.
G. City of Solana Beach SUSMP and Guidance Documents.
1. The city of Solana Beach SUSMP provides guidance, requirements and choices for compliance methods. Authorized enforcement officials may provide additional flexibility using the guidance documents authorized below.
2. Any authorized enforcement official under the supervision of the city engineer may prepare, disseminate and maintain guidance documents, addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illegal connections, and illegal disposal.
These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter or specified in the city of Solana Beach SUSMP.
These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activities and land development activities to prevent or control pollution to the maximum extent practicable (MEP). These additional BMPs shall become mandatory for affected dischargers only after being adopted into the city of Solana Beach JURMP, unless an order is issued pursuant to subsection H of this section.
Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger, or proposed in a grading plan, a SWPPP, an enforcement settlement offer, or any other submittal to the city, are BMPs that will prevent or control pollution to the MEP. These case-specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate, and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case-specific decisions authorized by this chapter.
H. Significant Sources of Pollutants. Authorized enforcement officials shall identify discharges and categories of facilities and activities that are a significant source of contaminants to waters of the United States, despite compliance with this chapter. If any such contamination problem identified by the authorized enforcement official involves more than five identified sources having similar characteristics, the authorized enforcement official shall propose appropriate amendments to this chapter to better control contamination at issue. If the contamination problem identified by the authorized enforcement official is limited to fewer than five identified sources, the appropriate dischargers shall be ordered by the authorized enforcement official to install, implement and maintain additional BMPs to prevent or reduce contamination in storm water and non-storm water to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. A failure to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
I. Determining Whether a Discharge is Tributary to an Impaired Water Body. Areas within which facilities and sources will be presumed to be tributary to an impaired water body are as defined in SBMC 13.10.030 and as identified by the SWRCB and RWQCB’s most recent list of impaired water bodies. The presumption that a discharge is tributary to an impaired water body can be overcome for a particular discharge based on specific facts and analysis presented by a discharger. In making a site-specific determination as to whether a discharge is tributary to an impaired water body, consideration may be given: to the amount of water and pollutant discharged; to whether the pollutant is volatile or degradable; and to whether the pollutant is substantially removed during transport by any natural or manmade features (sinks, infiltration areas, ponds or impoundments, vegetated swales or wetlands, media filtration devices and similar features) located between the site and the impaired water body. Any such analysis must consider common mechanisms for pollutant mobilization, remobilization, and transport over time. Any such analysis and determination shall be disclosed for public review and comment to the extent required by CEQA or by city procedures for permit issuance.
J. Collection and Use of Storm Water. An authorized enforcement official may modify any requirement imposed by this chapter to allow the on-site collection and use of storm water, or the collection or storm water for delivery to and use at city-designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection. (Ord. 431 § 4, 2011; Ord. 379 § 1, 2008)
13.10.050 Discharge prohibitions.
A. Illegal Discharges. Illegal discharges are prohibited except where exempted in SBMC 13.10.060. The following discharges to the storm water conveyance system or receiving waters are prohibited:
1. Sewage;
2. Discharge of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive service facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, and port-a-potty servicing, and similar types of activities;
4. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, carpet cleaning, and similar activities;
5. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial and residential areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating and drinking areas, and similar activities;
6. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil or other hazardous materials;
7. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water;
8. Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes;
9. Discharges of food-related wastes (such as grease, fish processing, and restaurant kitchen mat and trash bin wash water); and
10. Discharges into the MS4 in a manner causing or threatening to cause a condition of pollution, contamination, or nuisance in the waters of the state.
B. Illegal Connection The establishment of illegal connections is prohibited. The use of illegal 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. 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 illegal discharge is prohibited. (Ord. 431 § 5, 2011; Ord. 379 § 1, 2008)
13.10.060 Discharges exempted from discharge prohibitions.
A. Separately Permitted Discharges. Storm water discharges regulated under a valid facility-specific NPDES permit or facility-specific RWQCB waste discharge requirements permit, or under a general NPDES permit (including the state general industrial storm water permit or state general construction storm water permit), are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB. Except as provided in SBMC 13.10.040(C), these discharges are not otherwise exempted from this chapter.
B. Categorically Allowed Discharges and Exemptions. The following categories of non-storm water discharges are exempt from discharge prohibitions established by this chapter, but dischargers must install, implement and maintain the applicable BMPs set out in SBMC 13.10.070, and any applicable BMPs specified in the city of Solana Beach JURMP:
1. Discharges from potable water sources other than water main breaks;
2. Diverted stream flows (provided required permits are obtained);
3. Flows from riparian habitats and wetlands;
4. Foundation drains (not including active groundwater dewatering systems);
5. Individual residential washing of personal vehicles;
6. Irrigation water, including recycled water used for irrigation;
7. Landscape irrigation;
8. Lawn watering;
9. Rising ground water;
10. Swimming pool discharges (if dechlorinated to less than one PPM chlorine);
11. Uncontaminated groundwater infiltration to storm drains;
12. Uncontaminated pumped groundwater;
13. Water from crawl space pumps; and
14. Water from footing drains (not including active groundwater dewatering systems).
C. Categorically Allowed Discharges Not Subject to SBMC 13.10.070. The following categories of non-storm water discharges are exempt from discharge prohibitions established by this chapter and are not subject to SBMC 13.10.070:
1. Air conditioning condensation;
2. Flows from emergency fire fighting activities;
3. Springs; and
4. Water line flushing.
D. Exemptions to Protect Public Health and Safety. Discharges determined by any authorized enforcement official to be necessary to protect public health and safety are exempt from discharge prohibitions established by this chapter, provided any conditions on such discharges imposed by the authorized enforcement official are satisfied. In emergency circumstances, the determination of an authorized enforcement official that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official. In non-emergency situations, a prior written determination is required to exempt a discharge.
E. On-Site Wastewater Systems. Discharges to the subsurface from permitted properly functioning on-site wastewater systems are not prohibited by this chapter.
F. Exemptions Not Absolute. Any discharge category described in subsection B of this section that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm water conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an 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. (Ord. 431 § 6, 2011; Ord. 379 § 1, 2008)
13.10.070 General BMP requirements.
A. Applicable Requirements. All dischargers in the city must comply with the generally applicable prohibitions and requirements in SBMC 13.10.040 through this section, and must also comply with any other parts of this chapter (including relevant parts of the city of Solana Beach JURMP) that are applicable to the type of facility or activity owned or operated by that discharger.
B. Minimum Best Management Practices for All Dischargers. All dischargers in the city must install, implement and maintain at least the following minimum BMPs:
1. Eroded Soils. Prior to the rainy season, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the storm water conveyance system or receiving waters during the rainy season.
2. Pollution Prevention. Dischargers employing 10 or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger’s industry or business as being effective and economically advantageous.
3. Prevention of Illegal 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 illegal discharge practices eliminated.
4. Slopes. 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 prior to the first rainy season following completion of the slope, and continuously thereafter.
5. Storage of Materials and Wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water, or contains contaminated runoff for treatment and disposal.
6. Use of Materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the storm water conveyance system.
C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that 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 in the same or similar circumstances.
D. Storm Water Pollution Prevention Plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit an SWPPP for approval by that official if (1) the discharger does not come into compliance with this chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this chapter. Any discharger required to submit and to obtain approval of an 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 storm water 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 NPDES general industrial storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the city shall at a minimum meet the requirements of the state NPDES general construction storm water permit. If a facility required to submit an SWPPP to the city discharges non-storm water to groundwater, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP.
Whenever submission of an SWPPP is required pursuant to this chapter, an authorized enforcement official may take existing city BMPs 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 Illegal Discharges. Spills, releases, and illegal discharges of pollutants to receiving waters or to the storm water conveyance system shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within 24 hours 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 illegal discharge.
F. Sampling, Testing, Monitoring, and Reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring and reporting required by this chapter. In addition, an authorized enforcement official may order a discharger to conduct testing or monitoring and to report the results to the city if (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the city to provide any information related to the discharger’s activities.
Testing and monitoring ordered pursuant to this subsection may include the following:
1. Visual monitoring of dry weatherflows, wet weather erosion, and/or BMPs;
2. Visual monitoring of premises for spills or discharges;
3. Laboratory analyses of storm water or non-storm water discharges for pollutants;
4. Background or baseline monitoring or analysis; and
5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger).
The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported, and may determine when required sampling, testing or monitoring may be discontinued.
G. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official 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. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB. (Ord. 431 § 7, 2011; Ord. 379 § 1, 2008)
13.10.080 Residential BMP requirements.
A. Applicable Requirements. The requirements in this section apply to all residential dischargers within the city. All residential dischargers must install, implement and maintain the BMPs identified in SBMC 13.10.070(B) for all dischargers, and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger.
B. Motor Vehicle or Boat Repair and Maintenance.
1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation.
2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly.
3. Automotive and boat materials and wastes must be stored indoors, or under cover, or in secure and watertight containers.
C. Motor Vehicle Washing.
1. Vehicles shall be washed over porous surfaces such as lawns and gravel areas where feasible.
2. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required.
3. The use of “hose off” or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly.
4. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer.
D. Motor Vehicle Parking.
1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming, or sweeping).
2. Residents shall move vehicles from streets when notified to do so to allow street cleaning.
E. Home and Garden Care Activities and Product Use.
1. Irrigation systems should be adjusted to avoid excessive runoff.
2. Spills of gardening chemicals, fertilizers or soils to nonporous surfaces must be cleaned up, and properly disposed.
3. Lawn and garden care products must be stored in closed labeled containers; or in covered areas; or off the ground under protective tarps.
4. Household hazardous waste may not be disposed directly or indirectly to the trash or to the street, gutter or storm drain.
F. Home Care and Maintenance.
1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters.
2. Action shall be taken to minimize and contain all spills of hazardous materials, if it is safe to do so.
3. Household hazardous materials must be stored indoors or under cover, and in closed and labeled containers.
4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required.
G. Manure and Pet Waste Management.
1. Manure deposited by confined livestock, horses or other large animals on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least twice weekly and either be composted, or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system.
2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system.
3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters.
H. Private Sewer Laterals and On-Site Wastewater Systems.
1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On-site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills.
2. Spills from private sewer laterals and on-site wastewater systems shall be contained and cleaned up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters.
3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the city.
4. Failed on-site wastewater systems shall be repaired or replaced, after issuance of all required permits and approvals. (Ord. 431 § 8, 2011; Ord. 379 § 1, 2008)
13.10.090 Commercial BMP requirements.
A. Priorities and Requirements. All commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the city of Solana Beach JURMP, for the priority classification and category of activity or facility owned or operated by that discharger. All regulated commercial facilities will be prioritized as high, medium or low threat to water quality based on the identified criteria. All regulated commercial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered.
B. Regulated Commercial Facilities Identified. As required by NPDES Permit No. CAS 0108758, facilities in the city 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 specified in the manual for each such type of facility or activity.
a. Automobile repair, maintenance, fueling, or cleaning;
b. Airplane mechanical repair, maintenance, fueling, or cleaning;
c. Boat repair, maintenance, fueling, or cleaning;
d. Equipment repair, maintenance, fueling, or cleaning;
e. Automobile and other vehicle body repair or painting;
f. Mobile automobile or other vehicle washing;
g. Automobile (or other vehicle) parking lots and storage facilities;
h. Retail or wholesale fueling;
i. Pest control services;
j. Eating or drinking establishments including food markets;
k. Mobile carpet, drape or furniture cleaning;
l. Cement mixing or cutting;
m. Masonry;
n. Painting and coating;
o. Botanical and zoological gardens and exhibits;
p. Landscaping;
q. Nurseries and greenhouses;
r. Golf courses, parks and other recreational areas/facilities;
s. Cemeteries;
t. Pool and fountain cleaning;
u. Marinas;
v. Portable sanitary services;
w. Building material retailers and storage;
x. Animal facilities; and
y. Power washing services.
2. The facility is a regulated commercial facility that has outdoor industrial areas totaling two acres or more or an outdoor parking lot for 100 or more vehicles; and storm water or runoff from the facility may adversely affect impaired waters or waters within an ESA.
3. The facility is a regulated commercial facility and has been notified in writing by an authorized enforcement official that it is a regulated commercial facility. Such designations shall take effect 90 days after mailing or service of this notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards.
C. Additional Minimum Best Management Practices for All Regulated Commercial Facilities. All regulated commercial facilities shall install, implement and maintain the BMPs specified in the city of Solana Beach JURMP in the following areas:
1. Employee training;
2. Storm water pollution prevention plans;
3. Storm drain signage and stenciling;
4. Annual review of facilities and activities;
5. Pollution prevention;
6. Materials and waste management;
7. Vehicles and equipment; and
8. Outdoor areas.
D. Additional Minimum Best Management Practices for Specific Activities at Regulated Commercial Facilities. Regulated commercial facilities shall install, implement, and maintain the BMPs specified in the city of Solana Beach JURMP for specific areas at the facility, if any, where any of the following activities are conducted:
1. Vehicle and equipment operations;
2. Materials and waste management (including tanks); and
3. Outdoor work and storage functions.
E. Best Management Practices for Specific Types of Regulated Commercial Facilities and Activities. Regulated commercial facilities, including, but not limited to, the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the city of Solana Beach JURMP for each type of facility and activity:
1. Automobile repair, maintenance, fueling, or cleaning;
2. Outdoor storage of vehicles and equipment;
3. Retail or wholesale fueling;
4. Vehicle body repair and painting;
5. Painting and coating;
6. Eating or drinking establishments;
7. Botanical and zoological gardens and exhibits;
8. Golf courses, parks and other recreational facilities;
9. Parking lots and storage facilities;
10. Cement mixing or cutting;
11. Mobile carpet, drape and furniture cleaning;
12. Masonry storage or installation;
13. Pool and fountain cleaning;
14. Portable sanitary toilet servicing;
15. Mobile vehicle washing;
16. Pest control;
17. Landscaping;
18. Portable sanitary services;
19. Animal facilities; and
20. Power washing services.
F. Mobile Businesses. For the purposes of this code, “mobile business” shall mean a business that provides a service by motor vehicle at various locations. Mobile businesses shall comply with all city business licensing requirements and discharge prohibitions of this chapter, and shall implement and maintain BMPs specified in this chapter and the city of Solana Beach JURMP. (Ord. 431 §§ 9 – 13, 2011; Ord. 379 § 1, 2008)
13.10.100 Industrial facility BMP requirements.
A. Priorities and Requirements. All industrial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the city of Solana Beach JURMP 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 illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered.
B. Regulated Industrial Facilities. Industrial facilities that have one or more of the characteristics listed below are regulated industrial facilities:
1. Industrial facilities, as defined at 40 CFR 1222.26(b)(14), including those subject to the general industrial permit or other individual NPDES permit.
2. Operating and closed landfill.
3. Facilities subject to SARA Title III.
4. Hazardous waste treatment, disposal, storage and recovery facilities.
5. The facility is a regulated industrial facility and storm water or runoff from the facility is tributary to an impaired water body, and the facility generates a pollutant for which that water body is impaired.
6. The facility is a regulated industrial facility and is located within or adjacent to (i.e., within 200 feet of), or discharges directly to, a coastal lagoon or a receiving water body within an ESA.
7. The facility was notified in writing by an authorized enforcement official that it has been designated a regulated industrial facility. Such designations shall take effect 90 days after mailing or service of notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards.
C. Additional Minimum BMPs and Other Additional Requirements for Industrial Facilities Subject to the General Industrial Permit.
1. Notice of Intent. Industrial dischargers required to comply with the state industrial general storm water permit shall maintain on site and make available for inspection on request by the city the state-issued waste discharge identification number (WDID) for the facility, and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the city by mail if directed to do so by an authorized enforcement official.
2. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state general industrial storm water permit must prepare the plan, implement the plan and maintain it at the site readily available for review. If an industrial facility is not required to prepare a state SWPPP, the facility shall prepare a SWPPP, submit that SWPPP for city approval or modification and approval, implement the SWPPP, and maintain it on site. Failure to comply with an applicable state-required or city-required plan is a violation of this chapter.
3. Pollution Prevention Practices. Industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff:
a. The use of smaller quantities of toxic materials or substitution of less toxic materials;
b. Changes to production processes to reduce waste;
c. Decreases in wastewater flows;
d. Recycling of wastes as part of the production process;
e. Segregation of wastes; and
f. Treatment of wastes on site to decrease volume and/or toxicity.
4. Nonstructural BMPs. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, the following nonstructural BMPs. The implementation of these practices shall be consistent with city requirements.
a. BMPs for material handling and storage of significant materials;
b. BMPs for nonhazardous waste handling and recycling;
c. Employee training programs;
d. Good housekeeping practices;
e. Preventive maintenance practices;
f. Self-inspection and quality assurance practices; and
g. Spill response planning.
5. BMPs for Specific Activities. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, BMPs as specified in the manual for any commercial activities conducted at the facility (as identified in SBMC 13.10.090), and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following:
a. Raw or processed materials bulk storage;
b. Mixing, where there is the potential for release of a pollutant;
c. Cutting, trimming or grinding in connection with a production process;
d. Casting, forging, or forming;
e. Hazardous materials storage (including tanks);
f. Construction, painting and coating;
g. Pesticide or other chemical products formulation or packaging;
h. Process water pretreatment;
i. Solid waste storage;
j. Wastewater treatment;
k. Welding;
l. Blasting;
m. Chemical treatment; and
n. Power washing.
6. Additional Structural BMPs. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, one or more of the additional structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in runoff from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility.
a. Overhead coverage of outdoor work areas or chemical storage;
b. Retention ponds, basins, or surface impoundments that confine storm water to the site;
c. Berms and concrete swales or channels that divert run-on and runoff away from contact with pollutant sources;
d. Secondary containment structures; and
e. Treatment controls, e.g., infiltration devices and oil/water separators, to reduce pollutants in storm water or authorized non-storm water discharges.
D. Monitoring at Industrial Facilities Subject to the General Industrial Permit. Dischargers owning or operating industrial facilities subject to the general industrial permit are required to conduct monitoring under the state industrial general storm water permit and shall make records of such monitoring available for inspection, and submit a copy of such records to the city if directed to do so by an authorized enforcement official. State exceptions from monitoring requirements are also applicable to this requirement, and group monitoring approved by the state is also acceptable to the city. The city may direct that any required records be submitted in a specified electronic format. (Ord. 431 § 14, 2011; Ord. 379 § 1, 2008)
13.10.110 Agricultural BMP requirements.
A. Nursery and Greenhouse Operations. Pursuant to NPDES Permit No. CAS 0108758, nursery and greenhouse operations are classified as commercial operations for purposes of this chapter, and are subject to all requirements for regulated commercial facilities set out in this chapter.
B. Agricultural Grading and Clearing. The BMP requirements imposed by SBMC 13.10.140 for land disturbance activity apply to agricultural grading and clearing, whether or not a city-issued grading and clearing permit is required for that activity. Tilling or cultivating land exclusively for the purpose of growing plants or animals is not considered to be grading or clearing, provided all disturbed material remains on the same site, the tilling or cultivating will not block or divert any natural drainage way, and the land to be tilled or cultivated has been in agricultural production for at least one of the preceding five years.
C. Land Development Associated with Agricultural Operations. The requirements imposed by SBMC 13.10.150 for land development activity apply to such activities when they are associated with agricultural operations.
D. Manure Management.
1. Where practicable, all runoff from areas where livestock, horses or other large animals are confined must be collected and managed in a manner that avoids a discharge to the storm water conveyance system or receiving waters. Where this is not practicable, manure must be cleaned up at least twice weekly; and must either be composted, or stored prior to disposal.
2. Areas used for storing or composting manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system.
3. Animal wastes shall not be disposed to the storm water conveyance system or receiving waters.
E. Other Agricultural Operations. Other agricultural operations are subject to the discharge prohibitions and other requirements set out in SBMC 13.10.010 through 13.10.060. Agricultural operations located within or adjacent to (i.e., within 200 feet of), or which discharge directly to, an impaired water body or a coastal lagoon or a receiving water body within an ESA are also subject to the requirements set out in SBMC 13.10.070. (Ord. 431 § 15, 2011; Ord. 379 § 1, 2008)
13.10.120 Municipal facility BMP requirements.
Municipal facilities must meet the requirements set out in SBMC 13.10.010 through 13.10.070, and where applicable, SBMC 13.10.140 and 13.10.150. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in SBMC 13.10.100 or in the city of Solana Beach JURMP for industrial areas and activities at the municipal facility. (Ord. 431 § 16, 2011; Ord. 379 § 1, 2008)
13.10.130 City Jurisdictional Urban Runoff Management Plan (“JURMP”).
A. Effect of JURMP – City of Solana Beach JURMP. All dischargers who are required by this chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the city of Solana Beach JURMP and city of Solana Beach SUSMP, which is an attachment to the adopted and approved JURMP required by the San Diego Regional Water Quality Control Board (R9-2007-0001), for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this chapter must conform to the applicable specifications, if any, set out in the city of Solana Beach JURMP.
B. Existing Facilities. The city of Solana Beach JURMP sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specifications are specified, they are mandatory. Where no minimum BMPs have been specified in the city of Solana Beach JURMP for a type and category of facility or activity, only the requirements set out in this chapter are applicable. Deviations from the minimum BMPs set out in the city of Solana Beach JURMP are allowed in the following circumstances: (1) the city determines pursuant to SBMC 13.10.040(H) to issue an order to require alternative BMPs, and provides the required written notice; or (2) a city guidance document prepared pursuant to SBMC 13.10.040(G) sets out additional compliance alternatives that may be used in lieu of the BMPs specified in the city of Solana Beach JURMP, and the discharger secures a permit enforceable by the city that requires the use of specific equally effective alternative BMPs.
C. Ministerial Land Development Projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in SBMC 13.10.040(F)(2) are set out in separately identified sections of the city of Solana Beach JURMP. Other requirements in the city of Solana Beach JURMP are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this chapter as residential, commercial or industrial facilities.
D. Discretionary Land Development and Redevelopment Projects. In addition to the requirements of the city of Solana Beach SUSMP, the city of Solana Beach JURMP sets out minimum BMPs, other objective specifications, and water quality standards for land development projects requiring one or more of the discretionary permits listed in SBMC 13.10.040(F)(1). The minimum BMPs and other objective specifications in the city of Solana Beach JURMP are applicable to both ministerial and discretionary land development projects. The BMPs in the city of Solana Beach JURMP are applicable to projects that require a discretionary city permit or approval, and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity, and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards.
E. Conflicting or More Detailed Requirements. In case of any conflict between any applicable minimum BMPs specified in this chapter or the city of Solana Beach JURMP, and any applicable requirements described in more detail for a particular type of facility in this chapter or the city of Solana Beach SUSMP, the more specific requirement shall prevail. (Ord. 431 § 17, 2011; Ord. 379 § 1, 2008)
13.10.140 Land disturbance activity BMP requirements.
A. Permit Issuance. No land owner or development project proponent shall receive any city grading, clearing, building or other land development permit required for land disturbance activity without first meeting the requirements of this chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply.
B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the city, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this chapter; 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. Storm Water Management Plan. All applications to the city for a permit or approval associated with a land disturbance activity must be accompanied by a storm water management plan, on a form or in a format specified by the city. The storm water management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection D of this section.
D. Additional Minimum BMPs for Land Disturbance Activity. Whether a city permit or approval is required or not, and whether a storm water management plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the city of Solana Beach JURMP in the following additional areas if applicable to the project:
1. Erosion control on slopes;
2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas;
3. Runoff velocity reduction;
4. Sediment control;
5. Off-site sediment tracking control;
6. Materials management;
7. Waste management;
8. Vehicle and equipment management;
9. Water conservation;
10. Structure construction and painting;
11. Paving operations;
12. Dewatering operations;
13. Planned construction operations;
14. Downstream erosion control;
15. Prevention of non-storm water discharges;
16. Protection of groundwater.
E. Control to the Maximum Extent Practicable. All dischargers engaged in land disturbance activity must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP.
F. Notice of Intent. Dischargers required to comply with the state construction general storm water permit shall maintain on site and make available for inspection on request by the city any state-issued waste discharge identification number (“WDIN”) for the site, and a copy of the notice of intent (“NOI”) filed with the SWRCB pursuant to that permit.
G. Storm Water Pollution Prevention Plan. Dischargers required to prepare an SWPPP under the state general construction storm water permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state-required SWPPP is a violation of this chapter.
H. Facility Monitoring. Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official.
I. Advanced Treatment. Dischargers shall implement advanced treatment for sediment at construction sites that are determined by the city to be an exceptional threat to water quality. In evaluating the threat to water quality, the following factors and other criteria specified in the city of Solana Beach JURMP and SUSMP shall be considered:
1. Soil erosion potential or soil type;
2. The site’s slopes;
3. Project size and type;
4. Sensitivity of receiving water bodies;
5. Proximity to receiving water bodies;
6. Non-storm water discharges;
7. Ineffectiveness of other BMPs; and
8. Any other relevant factors. (Ord. 431 §§ 18, 19, 2011; Ord. 379 § 1, 2008)
13.10.150 Land development and redevelopment BMP requirements.
A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the city shall receive any city permit or approval listed in SBMC 13.10.040(F) for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter and the requirements in the city of Solana Beach JURMP. Post-construction BMP requirements imposed by this section and by the city of Solana Beach JURMP shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid city permit or approval, at the time a complete application for a subsequent permit or approval is submitted.
B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which land development activity is performed, are dischargers for purposes of this chapter; 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. Post-Construction Best Management Practices Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed shall be designed to include and shall implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives in accordance with the requirements in the city of Solana Beach JURMP.
D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever practicable for post-construction BMPs that are proposed by a discharger.
E. Post-Construction Storm Water 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 post-construction storm water 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 chapter. 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. Post-construction BMPs for other aspects of the project need not be addressed in this plan.
F. Storm Water Management Plan Review Fee and Deposit. Fees for storm water management plan review and deposit thereof may be adopted by resolution of the city council.
G. Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post-construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. (Ord. 431 §§ 20, 21, 2011; Ord. 379 § 1, 2008)
13.10.160 Maintenance of BMPs.
A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter.
B. New Development. The owners and occupants of lands on which structural post-construction BMPs have been installed to meet the requirements of this chapter shall ensure the 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 chapter) fail to do so.
C. 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 pursuant to this chapter 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 chapter.
D. Obligation to Maintain BMPs 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 chapter.
E. Disclosure of Maintenance Obligations. Any developer 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.
F. Maintenance Plans for Land Development Projects. The proponents of any land development project or significant redevelopment project that requires a discretionary city permit shall provide to the city for review and approval prior to issuance of such permit, a plan for maintenance of all post-construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post-construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three years.
G. Access Easement/Agreement. The proponents of any land development project or significant redevelopment project that requires a discretionary 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 post-construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs.
H. Security for Maintenance for Land Development Projects. If it is determined by the enforcement official that the public interest requires the posting of a bond or other security to assure the maintenance of a BMP, such bond or security may be required by the enforcement official. (Ord. 379 § 1, 2008)
13.10.170 Inspection and sampling.
A. Regulatory Inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
B. Access Easements. When any new structural BMP is installed on private property as part of a project that requires a city permit, in order to comply with this chapter, the property owner shall grant to the city an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this chapter. This may include but may not be limited to sampling, metering, visual inspections, and records review. Where samples are collected, the owner or operator may request and receive split samples. Records, reports, analyses, or other information required under this chapter may be inspected and copied, and photographs taken to document a condition and/or a violation of this chapter. (Ord. 379 § 1, 2008)
13.10.180 Enforcement.
Authorized enforcement officials may enforce this chapter and abate public nuisances as follows:
A. Administrative Authorities.
1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in this chapter. Administrative penalties may include the recovery of fines assessed against the city of Solana Beach by the RWQCB. Any later-enacted administrative penalty provision in the Solana Beach Municipal Code shall also be applicable to this chapter, unless otherwise provided therein.
2. Cease and Desist Orders. Written and/or verbal orders may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official.
3. Notice and Order to Clean, Test or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city of Solana Beach storm water conveyance system or a non-storm water discharge to the city of Solana Beach storm water conveyance system, he or she may issue orders and give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections (A)(2) and (3) of this section are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapter 1.16 SBMC. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure.
5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.
6. Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other city license suspension or revocation in accordance with applicable sections of the Solana Beach Municipal Code.
B. Judicial Authorities.
1. Civil Penalties and Remedies. The city attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in SBMC 13.10.200. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2. Injunctive Relief. The city may enforce compliance with this chapter by judicial action for injunctive relief. Compliance may include 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; and/or the costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city of Solana Beach to be used for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in the California Penal Code, and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter. (Ord. 379 § 1, 2008)
13.10.190 Other acts and omissions that are violations.
In addition to the violations identified in SBMC 13.10.010 through 13.10.170, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity:
A. Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, aiding, or abetting noncompliance with any part of this chapter constitutes a violation of this chapter.
B. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the city concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay city enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB.
D. City Permits and SWPPPs. Any failure to conform to an applicable storm water pollution prevention plan (SWPPP) prepared pursuant to this chapter; any failure to comply with storm water-related provisions of a city-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water-related provisions in any other city permit or approval is also a violation of this chapter. For purposes of this chapter, a permit provision or condition of approval is “storm water-related” if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating runoff flow rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. (Ord. 379 § 1, 2008)
13.10.200 Remedies not exclusive.
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 379 § 1, 2008)
13.10.210 Severability.
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances. (Ord. 431 § 22, 2011)
Prior legislation: Ords. 184 and 277.