Chapter 13.09
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
13.09.010 Title.
13.09.020 Purpose and intent.
13.09.030 Definitions.
13.09.040 General provisions.
13.09.050 Discharge prohibitions.
13.09.060 Discharges exempted from discharge prohibitions.
13.09.070 Best management practice requirements and general requirements applicable to all dischargers.
13.09.080 Additional minimum best management practice requirements for residential activities and facilities.
13.09.090 Additional minimum best management practice requirements for commercial activities and facilities.
13.09.100 Additional minimum best management practice requirements for industrial activities and facilities.
13.09.110 Additional minimum best management practice requirements for agricultural operations.
13.09.120 Additional minimum best management practice requirements for municipal activities and facilities.
13.09.130 City best management practices manual.
13.09.140 Additional requirements for land disturbance activity.
13.09.150 Additional planning, design and postconstruction requirements for all land development and redevelopment projects.
13.09.160 Maintenance of BMPs.
13.09.170 Inspection and sampling.
13.09.180 Enforcement.
13.09.190 Other acts and omissions that are violations.
13.09.200 Penalties.
13.09.010 Title.
This chapter shall be known as the “City of Poway Stormwater Management and Discharge Control Ordinance.” (Ord. 552 § 2, 2002)
13.09.020 Purpose and intent.
The purposes of this chapter are to protect the health, safety and general welfare of City of Poway 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 stormwater as a resource; and to ensure that the City is compliant with Order No. 2007-01 and with applicable State and Federal law. This chapter seeks to promote these purposes by:
A. Prohibiting polluted nonstormwater discharges to the stormwater conveyance system;
B. Establishing minimum requirements for stormwater management, including source control requirements, to prevent and reduce pollution;
C. Establishing requirements for development project site design, to reduce stormwater pollution and erosion;
D. Establishing requirements for the management of stormwater 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 stormwater management to supplement on-site practices at new development sites; and
F. Establishing notice procedures and standards for adjusting stormwater and nonstormwater management requirements where necessary. (Ord. 671 § 2, 2008; Ord. 552 § 2, 2002)
13.09.030 Definitions.
The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter (including use in the City of Poway’s Best Management Practices Manual), whether or not these words or phrases are capitalized.
“Authorized enforcement official” means the City Manager of the City of Poway or any designee of the City Manager of the City of Poway 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” 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 stormwater, receiving waters or the stormwater 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. 2007-01, that can help to achieve compliance with this chapter.
“BMPs” means best management practices.
“Channel” means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water.
“City” means the City of Poway.
“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.
“Developer” means a person who seeks or receives permits for or who undertakes land development activity.
“Development project proponent” means developer.
“Directly adjacent to” means situated within 200 feet of.
“Directors” means the Directors of Development Services and Public Works.
“Discharge” when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or nonstormwater to directly or indirectly enter the stormwater conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, “discharge” means the pollutants, stormwater and/or nonstormwater 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 stormwater, the stormwater 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 that stormwater or nonstormwater enters receiving waters from a facility or activity, without mixing with any stormwater or nonstormwater 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 stormwater management purposes.
“Environmentally sensitive area” means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and amendments), national wildlife refuges, areas designated as preserves for species protection purposes by the State of California or a local government, and pre-approved mitigation areas identified in agreements between the City and State or Federal natural resources agencies.
“ESA” means environmentally sensitive area.
“Household hazardous waste” means a 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 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.)
“Illegal connection” means a pipe, facility or other device connected to the stormwater 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 stormwater, the stormwater conveyance system or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of nonstormwater that are not exempt discharges listed in PMC 13.09.060, 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 stormwater pollution prevention plan (SWPPP) are illegal discharges for purposes of this chapter unless compliance with all applicable permits and SWPPP conditions is maintained.
“Impaired water body” means a water body that is listed by the 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 ground area covered or sheltered by an impervious surface, measured in plan 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 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 stormwater. 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 stormwater permit” means the State general industrial stormwater permit.
“Infiltration” means the process of percolating stormwater or nonstormwater 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.
“Land development activity” means any activity or proposed activity that requires any of the permits or approvals listed in PMC 13.09.040(F).
“Land disturbance activity” means any activity that moves soils or substantially alters the pre-existing vegetated or manmade 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 or maintenance activities required to protect public health and safety.
“Land owner” means the holder of legal title to the 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 (LID)” means a stormwater management and land 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.
“Manual” means the City’s Best Management Practices Manual, described in PMC 13.09.040(G), adopted by resolution as part of the City’s Jurisdictional Urban Runoff Program and hereinafter referred to as “Manual.”
“Maximum extent practicable” is an acceptability standard for best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as stormwater regulations; is compatible with the area’s land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs.
“MEP” means maximum extent practicable.
“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 Poway 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.)
“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. CAS0108758” means RWQCB Order No. 2007-0001, NPDES Permit No. CAS0108758, “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.”
“Pollutant” means any agent introduced to stormwater or nonstormwater through human activity that may cause or contribute to the degradation of water quality such that public health, the environment or beneficial uses of waters may be affected. The term may include, but is not limited to, dredged spoil, rock, sand or silt (excluding sediment, silt or substances in quantities which would enter stormwater from a natural undeveloped watershed); solid waste, sewage, garbage or medical waste; wrecked or discarded equipment; radioactive materials; industrial waste; fecal coliform, fecal streptococcus, and enterococcus bacteria and other pathogens that pose a threat to human health; volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols and biocides; and any contaminant which can significantly degrade the quality of receiving waters by altering pH, total suspended or settleable solids, biochemical oxygen demand, chemical oxygen demand, nutrients or temperatures.
“Rainy season” means from October 1st through April 30th.
“Receiving waters” means all waters that are “Waters of the State” within the scope of the State Water Code, including but not limited to natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean and ground water.
“Redevelopment” means any construction, alteration or improvement of 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 surfaces.
“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 nonstormwater or the discharge of pollutants to stormwater.
“Regulated industrial facility” means any facility subject to the State general industrial stormwater 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 stormwater permit.
“Residential discharger” means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence.
“RWQCB” means the Regional Water Quality Control Board for the San Diego region.
“Significant redevelopment” means development in the City that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. 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 areas 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) are 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 lane on existing roads and replacement of damaged pavement.
“Standard urban stormwater mitigation plan” means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment.
“State general construction stormwater permit” means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Stormwater Associated with Construction Activities, and any amendments thereto.
“State general industrial stormwater permit” means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Stormwater 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.
“Stormwater” shall have the same meaning as set forth in PMC 8.68.020.
“Stormwater conveyance system” shall have the same meaning as set forth in PMC 8.68.020.
“Stormwater management” means 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, stormwater management also includes planning and programmatic measures.
“Stormwater 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 stormwater and nonstormwater management during the permitted activity.
“Stormwater pollution prevention plan” means a document (other than a stormwater management plan), which meets the requirements for an SWPPP set out in the State general construction stormwater permit or the State general industrial stormwater 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.
“Structural BMP” means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition) or a constructed or installed device to reduce or prevent pollutants in stormwater discharges and authorized nonstormwater discharges. Constructed or enhanced BMPs that depend on natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands) are structural BMPs.
“Structural postconstruction BMP” means a structural BMP (other than a temporary construction-related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in stormwater or receiving waters, or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural postconstruction BMPs.
“SUSMP” means standard urban stormwater mitigation plan.
“SWPPP” means stormwater pollution prevention plan.
“SWRCB” means the State Water Resources Control Board.
“Treatment control 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 absorption, or any other physical, biological or chemical process. “Treatment control” has the same meaning.
“Tributary to an impaired water body” means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters (1) the stormwater conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge 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 from the facility or activity to the impaired water body during such storm events.
“Urban runoff” means all flows in a stormwater 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, stormwater, exempt nonstormwater discharges and illicit discharges.
“Watercourse” means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water.
“Water main” means a potable or recycled water delivery line greater than or equal to four inches in diameter.
“Water quality standards” are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or the United States Environmental Protection Agency to protect those uses.
“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. 671 § 3, 2008; Ord. 552 § 2, 2002)
13.09.040 General provisions.
A. Responsibility for Administration. This chapter shall be administered for the City of Poway by its authorized enforcement officials.
B. Effective Date. The ordinance codified in this chapter shall take effect on March 20, 2008.
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 protective standards for human health or the environment shall take precedence. Stormwater and nonstormwater 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 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. Administrative clearing 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. Major conditional use permit (including modification, minor deviation, or extension);
h. Minor conditional use permit (including modification, minor deviation, or extension);
i. Parcel map modification;
j. Reclamation plan;
k. Development review;
l. Minor development review;
m. Tentative map (including resolution 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 manual 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. On-site wastewater system permit;
f. Underground tank permit;
g. Well permit.
G. Manual. The manual, in most cases, provides a choice of compliance methods. Authorized enforcement officials may provide additional flexibility using the guidance documents authorized in subsection H of this section.
H. Guidance Documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illicit 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 manual.
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 activity and land development activity to prevent or control pollution to the maximum extent practicable (MEP).
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, an 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. (Ord. 671 §§ 4, 5, 2008; Ord. 552 § 2, 2002)
13.09.050 Discharge prohibitions.
A. Illegal Discharges. The discharge of pollutants directly or indirectly into the stormwater conveyance system or receiving waters in nonstormwater is prohibited, except as exempted in PMC 13.09.060. The discharge of pollutants directly or indirectly into the stormwater conveyance system or receiving waters in stormwater is prohibited, unless the applicable requirements of this chapter have been met.
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.
D. The five-year fire sprinkler system certification required for existing industrial and commercial businesses and municipal facilities, which includes draining and flushing of the system, pursuant to the California Code of Regulations (Title 19, Chapter 5, Article 4), shall hereby be prohibited from entering the MS4 and/or receiving water. Emergency fire-fighting flows (i.e., flows necessary for the protection of life and/or property) are excluded and need not be prohibited except as governed by other permit requirements. The aforementioned wastewater must be disposed of in a proper manner, and not drained into the MS4 and/or receiving waters, nor drained directly into the sewer. Proper disposal includes, but is not limited to, soliciting a business that will allow discharges into a wastewater disposal truck and will bring said wastewater to a legal dumpsite. The City does not recommend or endorse any specific company. (Ord. 603 § 2, 2004; Ord. 552 § 2, 2002)
13.09.060 Discharges exempted from discharge prohibitions.
A. Separately Permitted Discharges. Stormwater 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 stormwater permit or State general construction stormwater 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 PMC 13.09.040(C), these discharges are not otherwise exempted from this chapter.
B. Categorically Allowed Discharges Subject to PMC 13.09.070. The following categories of nonstormwater discharges are exempt from discharge prohibitions established by this chapter, but dischargers must install, implement and maintain the applicable BMPs set out in PMC 13.09.070, and any applicable BMPs specified in the manual:
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 vehicles;
6. Irrigation water including recycled water used for irrigation;
7. Landscape irrigation;
8. Lawn watering;
9. Rising groundwater;
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 PMC 13.09.070. The following categories of nonstormwater discharges are exempt from discharge prohibitions established by this chapter and are not subject to PMC 13.09.070:
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 situations, 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 nonemergency 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 stormwater 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. 552 § 2, 2002)
13.09.070 Best management practice requirements and general requirements applicable to all dischargers.
A. Applicable Requirements. All dischargers in the City must comply with the generally applicable prohibitions and requirements in PMC 13.09.040 through this section, and must also comply with any other parts of this chapter (including relevant parts of the manual) 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 stormwater 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 stormwater 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 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 stormwater 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 stormwater 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. Stormwater 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 stormwater to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the State NPDES general industrial stormwater 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 stormwater permit. If a facility, required to submit an SWPPP to the City, discharges nonstormwater 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 stormwater conveyance system shall be reported by the discharger as required by all applicable State and Federal laws. In addition, any such spills, releases and 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 stormwater 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 weather flows, wet weather erosion, and/or BMPs;
2. Visual monitoring of premises for spills or discharges;
3. Laboratory analyses of stormwater or nonstormwater 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. (Ord. 671 §§ 6, 7, 2008; Ord. 552 § 2, 2002)
13.09.080 Additional minimum best management practice requirements for residential activities and facilities.
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 PMC 13.09.070(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 stormwater 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.
5. Lawn waste (green waste) may not be disposed of directly or indirectly to the street, gutter, or stormwater conveyance system.
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.
5. Trash and other unwanted household items may not be disposed of to the street, gutter, or stormwater conveyance system.
G. Manure and Pet Waste Management.
1. Manure deposited by horses and large animals within an enclosure or on uncovered areas, from which runoff could enter receiving waters or the stormwater conveyance systems, must be cleaned up at least once weekly and either be composted, or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the stormwater conveyance system.
2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the stormwater conveyance system.
3. Pet waste shall not be disposed to the stormwater 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 stormwater conveyance system or receiving waters.
3. Any release from a private sewer lateral that enters the stormwater 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.
I. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for residential dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for residential dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. (Ord. 671 §§ 8, 9, 10, 2008; Ord. 552 § 2, 2002)
13.09.090 Additional minimum best management practice requirements for commercial activities and facilities.
A. Application of Requirements. All regulated commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger, as applicable. All regulated commercial dischargers 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 Dischargers Identified. As required by NPDES Permit No. CAS0108758, commercial dischargers in the City having one or more of the following characteristics are regulated commercial dischargers:
1. The discharger is a regulated commercial discharger if it is engaged in one or more of the following commercial activities:
a. Airplane mechanical repair, maintenance, fueling, or cleaning;
b. Motor vehicle (or other vehicle) parking lots and storage facilities;
c. Motor vehicle and other vehicle body repair or painting;
d. Automobile mechanical repair, maintenance, fueling or cleaning;
e. Boat mechanical repair, maintenance, fueling, or cleaning;
f. Botanical or zoological gardens and exhibits;
g. Cement mixing or cutting;
h. Cemeteries;
i. Eating or drinking establishments, including food markets;
j. Equipment repair, maintenance, fueling or cleaning;
k. Golf courses, parks and other recreational areas/facilities;
l. Landscaping;
m. Marinas;
n. Masonry;
o. Mobile motor vehicle or other vehicle washing;
p. Mobile carpet, drape or furniture cleaning;
q. Nurseries and greenhouses;
r. Painting and coating;
s. Pest control services;
t. Pool and fountain cleaning;
u. Portable sanitary services;
v. Retail or wholesale fueling;
w. Building material retailers and storage;
x. Animal facilities;
y. Power washing services.
2. All other commercial dischargers not mentioned in subsection (B)(1) of this section, tributary to a CWA Section 303(d) impaired water body segment, for which the city has determined the facility or activity generates pollutants for which the water body segment is impaired.
3. Commercial dischargers discharging directly to receiving waters within ESAs.
4. All other commercial dischargers that the City determines may contribute a significant pollutant load to the stormwater conveyance system.
C. Additional Minimum Best Management Practices for All Regulated Commercial Dischargers. All regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual in the following areas, as applicable:
1. Employee training;
2. Storm drain tileage and signing;
3. Annual review of facilities and activities;
4. Pollution prevention;
5. Materials and waste management;
6. Vehicles and equipment;
7. Outdoor areas; and
8. Good housekeeping.
D. Additional Minimum Best Management Practices for Specific Activities Conducted by Regulated Commercial Dischargers. Regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual for all locations, if any, where any of the following activities are conducted:
1. Vehicle and equipment operations;
2. Materials and waste management (including tanks);
3. Outdoor work and storage functions.
E. Additional Minimum Best Management Practices for Specific Types of Regulated Commercial Facilities and Activities. Regulated commercial dischargers, 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. BMPs must be installed, implemented and maintained for all applicable specific facility or activity types regardless of whether that activity is the primary activity of the regulated commercial discharger.
1. Motor vehicle repair, maintenance, fueling or cleaning;
2. Airplane repair, maintenance, fueling or cleaning;
3. Boat repair, maintenance, fueling or cleaning;
4. Equipment repair, maintenance, fueling or cleaning;
5. Outdoor storage of vehicles and equipment;
6. Retail and wholesale fueling;
7. Motor vehicle body repair and painting;
8. Painting and coating;
9. Eating and drinking establishments, including food markets;
10. Marinas;
11. Botanical and zoological gardens and exhibits;
12. Golf courses, parks, and other recreational facilities;
13. Cement mixing and cutting;
14. Mobile carpet, drape or furniture cleaning;
15. Masonry;
16. Pool and fountain cleaning;
17. Portable sanitary services;
18. Vehicle washing at stationary or mobile facilities;
19. Pest control;
20. Landscaping (including cemeteries);
21. Building materials retailers and storage;
22. Animal facilities; and
23. Power washing.
F. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for commercial dischargers tributary to CWA Section 303(d) impaired water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs when determined to be necessary by the City. Additional controls may include, but are not limited to, implementation of BMPs more stringent than the applicable minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in PMC 13.09.070. (Ord. 671 § 11, 2008; Ord. 552 § 2, 2002)
13.09.100 Additional minimum best management practice requirements for industrial activities and facilities.
A. Application of Requirements. All regulated industrial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger. All regulated industrial dischargers 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 Dischargers Identified. Dischargers that meet one or more of the criteria listed below are regulated industrial dischargers.
1. The facility is an industrial facility, as defined in 40 CFR Section 122.26(b)(14), including those subject to the State industrial general stormwater permit or other individual NPDES permit.
2. The facility is an operating or closed landfill.
3. The facility is an industrial discharger tributary to a 303(d) listed water body and the facility generates a pollutant for which that water body is impaired.
4. The facility is an industrial discharger and is located within or directly adjacent to (within 200 feet of) or discharges directly to a coastal lagoon or a receiving water body within an ESA.
5. The facility is subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA).
6. The facility is a hazardous waste treatment, disposal, storage, and/or recovery facility.
7. The facility was notified in writing by an authorized enforcement official that it has been designated a regulated industrial discharger. 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 stormwater or runoff that causes or contributes to the violation of water quality standards.
C. Regulated industrial dischargers must meet the applicable requirements set out in PMC 13.09.040 through 13.09.070 for all discharges, the applicable requirements set out in PMC 13.09.090 for regulated commercial dischargers, any applicable requirements in PMC 13.09.130, and the following practices:
1. Pollution Prevention Practices. Regulated industrial dischargers shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of stormwater 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.
2. Nonstructural BMPs. Regulated industrial dischargers shall install, implement and maintain the following nonstructural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the manual:
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.
3. BMPs for Specific Activities. Regulated industrial dischargers shall install, implement and maintain BMPs as specified in the manual for any commercial activities conducted at the facility (as identified in PMC 13.09.090), and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following:
a. Hazardous waste storage (including tanks);
b. Solid waste storage;
c. Loading and unloading significant materials;
d. Vehicle fueling;
e. Landscaping and groundskeeping;
f. Vehicle/equipment washing;
g. Parking lots;
h. Process water pretreatment;
i. Outdoor equipment storage;
j. Rooftops;
k. Wastewater treatment; and
l. Vehicle maintenance.
4. Additional Structural BMPs. Regulated industrial dischargers shall 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 other impoundments that confine stormwater 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 to reduce pollutants in stormwater or authorized nonstormwater discharges. The design of proposed treatment controls must be approved by the City Engineer prior to implementation.
D. Additional Requirements for Regulated Industrial Dischargers Subject to the State Industrial General Stormwater Permit.
1. Notice of Intent. Industrial dischargers required to comply with the State industrial general stormwater 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. Regulated industrial dischargers that are potentially subject to the State industrial general stormwater permit that have determined they do not require coverage under that permit must prepare and retain on site, and make available for inspection by the City, a written report documenting and explaining that determination.
2. Stormwater Pollution Prevention Plan. Dischargers required to prepare an SWPPP under the State general industrial stormwater 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 or City-required SWPPP is a violation of this chapter.
E. Stormwater Monitoring. Dischargers owning or operating industrial facilities required to conduct monitoring under the State industrial general stormwater permit 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. 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.
F. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for industrial dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for industrial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this chapter and preparing an SWPPP or conducting monitoring as provided in PMC 13.09.070. (Ord. 671 § 12, 2008; Ord. 552 § 2, 2002)
13.09.110 Additional minimum best management practice requirements for agricultural operations.
A. Nursery and Greenhouse Operations. Pursuant to NPDES Permit No. CAS0108758, nursery and greenhouse operations are classified as commercial operations for purposes of this chapter, and are subject to all requirements for regulated commercial dischargers set out in this chapter.
B. Agricultural Grading and Clearing. The BMP requirements imposed by PMC 13.09.140 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 PMC 13.09.150 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 kept within an enclosure on a parcel must be collected and managed in a manner that avoids a discharge to the stormwater 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 stormwater conveyance system.
3. Animal wastes shall not be disposed to the stormwater conveyance system or receiving waters.
E. Other Agricultural Operations. Other agricultural operations are subject to the discharge prohibitions and other requirements set out in PMC 13.09.040 through 13.09.060. Agricultural operations located within or adjacent to (within 200 feet of) an impaired water body or a coastal lagoon or a receiving water body within an ESA, or which discharge directly to such a water body, are also subject to the requirements set out in PMC 13.09.070. (Ord. 671 §§ 13, 14, 15, 2008; Ord. 552 § 2, 2002)
13.09.120 Additional minimum best management practice requirements for municipal activities and facilities.
Municipal facilities must meet the requirements set out in PMC 13.09.040 through 13.09.070 and, where applicable, PMC 13.09.140 and 13.09.150. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in PMC 13.09.100 or in the manual, for industrial areas and activities at the municipal facility. (Ord. 671 § 16, 2008; Ord. 552 § 2, 2002)
13.09.130 City best management practices manual.
A. Effect of Manual. 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 manual, 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 this manual.
B. Existing Facilities. The manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the manual for a type and category of facility or activity, only the requirements set out in this chapter are applicable.
C. Ministerial Land Development Projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in PMC 13.09.040(F)(2) are set out in separately identified sections of the manual. Other requirements in the manual 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. The manual 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 PMC 13.09.040(F)(1). The minimum BMPs and other objective specifications in the manual are applicable to both ministerial and discretionary land development projects. The BMPs in the manual 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, and any applicable requirements described in more detail for a particular type of facility or activity in the manual, the requirement in the manual shall prevail. (Ord. 552 § 2, 2002)
13.09.140 Additional requirements for land disturbance activity.
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. Stormwater Management Plan. All applications to the City for a permit or approval associated with a land disturbance activity must be accompanied by a stormwater management plan, on a form or in a format specified by the City. The stormwater 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 stormwater management plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the manual 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 nonstormwater discharges; and
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 stormwater from land disturbance to the MEP.
F. Notice of Intent. Dischargers required to comply with the State construction general stormwater permit shall maintain on site and make available for inspection on request by the City any State-issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit.
G. Stormwater Pollution Prevention Plan. Dischargers required to prepare an SWPPP under the State general construction stormwater 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 stormwater 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. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. (Ord. 671 § 17, 2008; Ord. 552 § 2, 2002)
13.09.150 Additional planning, design and postconstruction requirements for all land development and redevelopment projects.
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 PMC 13.09.040(F) for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter. Postconstruction BMP requirements imposed by this section and by the manual 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. Postconstruction Best Management Practices Required. Land development and redevelopment projects with the potential to add pollutants to stormwater or to affect the flow rate or velocity of stormwater runoff after construction is completed, shall be designed to include and shall implement postconstruction 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.
D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds and vegetated filter strips, shall be utilized whenever practicable for postconstruction BMPs that are proposed by a discharger.
E. Postconstruction Stormwater 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 postconstruction stormwater 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 postconstruction 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. Postconstruction BMPs for other aspects of the project need not be addressed in this plan.
F. Stormwater Management Plan Review Fee and Deposit. Fees for stormwater management plan review and deposit thereof shall be adopted by resolution.
G. Additional Minimum Postconstruction BMPs for Land Development Activity. Whether a permit or approval is required or not, and whether a postconstruction stormwater management plan is required to be submitted or not, all dischargers engaged in land development or significant redevelopment activities in the City shall implement postconstruction BMPs in the following areas if applicable to the project:
1. BMPs for permanent control of erosion from slopes. These BMPs can include structures to convey runoff safely from the tops of slopes, vegetation or alternative stabilization of all disturbed slopes, the use of natural drainage systems to the MEP, flow and velocity controls upstream of sites; and stabilization or permanent channel crossings, unless the crossing is not publicly accessible and is not frequently used;
2. BMPs to control flows, velocity and erosion. These BMPs can include but are not limited to the use of energy dissipaters, such as riprap, at the outlets of storm drains, culverts, conduits or lined channels that enter unlined channels to minimize erosion; installation of retention or equalization basins, or other measures. Flow control and downstream erosion protection measures shall prevent any significant increase in downstream erosion as a result of the new development, but shall not prevent flows needed to sustain downstream riparian habitats or wetlands;
3. Pollution prevention and source control BMPs, to minimize the release of pollutants into stormwater;
4. Low impact development (LID) site design BMPs, such as impervious surface minimization, and appropriate use of buffer areas to protect natural water bodies;
5. LID site planning BMPs, such as siting and clustering of development to conserve natural areas to the extent practicable;
6. The installation of storm drain tiles or concrete stamping, and appropriate signage to discourage illegal discharges;
7. BMPs for trash storage and disposal and materials storage areas;
8. Treatment control BMPs to treat and/or to infiltrate stormwater where a development project would otherwise cause or contribute to a violation of water quality standards in receiving waters. Off-site structural BMPs may be used for treatment and infiltration necessary to meet water quality standards only if the conveyance of runoff to those facilities prior to treatment will not cause or contribute to an exceedance of water quality standards, or deprive wetlands or riparian habitats of needed flows. Off-site facilities shall not substitute for the use of any on-site source control BMPs required by the manual;
9. When an infiltration BMP is used, related BMPs set out in the manual (including but not limited to siting constraints), to protect present uses of groundwater, and future uses of that groundwater as currently designated in the applicable RWQCB basin plan. (Discharges to infiltration BMPs may also require an RWQCB permit, and additional State requirements may also be applicable to these discharges);
10. Other applicable BMPs required by the manual.
H. Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain postconstruction BMPs as needed to prevent or reduce pollutant discharges in stormwater from land disturbance to the MEP. (Ord. 671 § 18, 2008; Ord. 552 § 2, 2002)
13.09.160 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 treatment control BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs, and shall themselves maintain those BMPs (by contract or covenant, or pursuant to this chapter). Such owners and occupants shall provide annual written verification that appropriate maintenance is conducted for all treatment control BMPs.
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 obliged 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 treatment control 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 postconstruction 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 agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review and approval prior to issuance of such permit an executed permanent easement onto the land on which postconstruction 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 bond or other security to assure the maintenance of a BMP, such bond or security may be required by the enforcement official. (Ord. 671 §§ 19, 20, 2008; Ord. 552 § 2, 2002)
13.09.170 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 agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review 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. 552 § 2, 2002)
13.09.180 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 Poway by the RWQCB. Any later-enacted administrative penalty provision in the Poway 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.
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 8.72 PMC. 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 PMC 1.08.010(D).
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 PMC 13.09.200. 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.
3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in 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. 552 § 2, 2002)
13.09.190 Other acts and omissions that are violations.
In addition to the violations identified in PMC 13.09.010 through 13.09.170, 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.
D. City Permits and SWPPPs. Any failure to conform to an applicable stormwater pollution prevention plan (SWPPP) prepared pursuant to this chapter; any failure to comply with stormwater-related provisions of a City-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with stormwater-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 “stormwater-related” if compliance with the provision or condition would have the effect of preventing or reducing contamination of stormwater or of moderating runoff flow rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. (Ord. 671 § 21, 2008; Ord. 552 § 2, 2002)
13.09.200 Penalties.
A. Administrative Penalties. Administrative penalties may be imposed pursuant to the Poway Municipal Code. Any later-enacted administrative penalty provision in the code shall also be applicable to violations of this chapter, unless otherwise provided therein.
B. Misdemeanor Penalties. Noncompliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the State of California, and the Poway Municipal Code.
C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this code, Penal Code and Government Code of the State of California.
D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the City. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:
1. Injunctive relief;
2. Costs to investigate, inspect, monitor, survey, or litigate;
3. Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation;
4. Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations;
5. Civil penalties;
6. Reasonable attorney fees; and
7. Fines assessed against the City by the RWQCB.
As part of a civil action filed by the City to enforce provisions of this chapter, a court may assess a maximum civil penalty of $2,500 per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s).
In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any discharge caused by the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.
E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. (Ord. 552 § 2, 2002)