Chapter 17.42
STORMWATER QUALITY AND UTILITY
Sections:
17.42.020 Urban Runoff Water Quality and Discharge Management.
17.42.010 Purpose.
The provisions of this chapter are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in compliance with the Federal Clean Water Act (33 USC 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable, by prohibiting nonstormwater discharges to the storm drain system, and by managing the City’s storm and surface water drainage system. Requirements of this chapter shall be implemented and enforced in accordance with the schedule adopted as part of the National Pollution Discharge Elimination System Phase II permit (NPDES). (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.42.020 Urban Runoff Water Quality and Discharge Management.
A. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands within the City.
B. Administration.
1. Responsibility for Administration. The Public Works Director shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties of the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory Consistency. This section shall be construed to ensure consistency with the requirements of the Clean Water Act and Porter-Cologne Act, and statutes and regulations that amend or supplement those Acts.
3. Ultimate Responsibility of Discharger. The requirements of this section are minimum standards; therefore this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by that person. This section shall not create liability on the part of the City, or any agent or employee of the City, for any damages that result from any discharger’s reliance on this section or any administrative decision in compliance with this section.
C. Discharge Prohibitions.
1. General Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any other discharge to the storm drain system is prohibited, except for the following.
a. Certain types of discharges will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed in a manner approved by the Director of Public Works to ensure that no potential pollutants are present, and therefore are not considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or other provisions of this section. These types of discharges are listed in Section 1.6 of the City’s LID Guidance Manual in Appendix I to Chapter 17.43 CMC.
b. This prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted by the City for any discharge to the storm drain system.
c. With the written concurrence of the Regional Board, the City may grant a written exemption for other specific nonstormwater discharges which are not a source of pollutants to the storm drain system nor the waters of the U.S. Notwithstanding the requirements of subsection (E)(1) of this section, Authority to Inspect, the Public Works Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
2. Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
a. The Public Works Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure approval for the connection by a specified date.
b. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
3. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any liquids, powders, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to water pollution. Wastes deposited in proper waste receptacles for the purposes of collection are exempted from this prohibition.
4. Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permit. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and Requirements.
1. Prevention, Control, and Reduction of Stormwater Pollutants.
a. Authorization to Adopt and Impose Best Management Practices. The City will adopt requirements identifying best management practices (BMP) for activities, operations, or facilities which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. These are contained in the BMP Guidance Series in Appendix J to Chapter 17.43 CMC. Where best management practices requirements are promulgated by the City or any Federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Public Works Director will periodically report to the City Council on the status of implementation of BMPs and any new BMPs that are expected to be developed for inclusion in the BMP Guidance Series. In the event more restrictive requirements pertaining to new development and redevelopment are contained in the City’s Low Impact Development Guidance Manual than are contained in the BMP Guidance Series, the more restrictive requirements contained in the Low Impact Development Guidance Manual will govern.
b. New Development and Redevelopment. The City shall adopt Low Impact Development (LID) requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants as defined by Chapter 17.43 CMC. The LID requirements of this chapter are general in nature. More detailed requirements, some of which are in addition to those contained in this Chapter, are contained in the City’s Low Impact Development Guidance Manual (LID Guidance Manual) in Appendix I to Chapter 17.43 CMC. Persons or entities undertaking or owning new development and/or redevelopment projects shall comply with the requirements in the CMC and in the LID Guidance Manual. The Public Works Director will periodically report to the City Council on the status of implementation of LID requirements and new LID requirements that are expected to be developed for inclusion in the LID Guidance Manual.
The City shall incorporate these requirements in any land use entitlement and construction or building-related permit to be issued for the development or redevelopment and the Director shall administer, implement and enforce the provisions of Chapter 17.43 CMC.
c. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated in compliance with subsections (D)(1)(a) and (D)(1)(b) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement best management practices to the maximum extent practicable as determined by the Director of Public Works to prevent and reduce the pollutants.
i. The owner or operator of a commercial or industrial establishment shall provide to the maximum extent practicable protection, as determined by the Director, from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses.
ii. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
iii. Best management practices required by the City can be obtained from the Public Works Department or the Community Planning and Building Department.
2. Watercourse Protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse to the extent required by the Director of Public Works. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on site and downstream. Property owners shall select “soft engineered” techniques when possible for maintaining and stabilizing stream banks.
3. Remediation. Whenever the Public Works Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Public Works Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time in compliance with subsection (F) of this section, Enforcement.
E. Inspection and Monitoring.
1. Authority to Inspect. Whenever necessary to make an inspection to enforce any provision of this section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this section, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
2. Authority to Sample, Establish Sampling Devices, and Test. During any inspection in compliance with this section, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
F. Enforcement.
1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. A violation of or failure to comply with any of the requirements of this section shall constitute a misdemeanor. Such persons may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this section may also include written notice to the violator of this potential liability.
2. Notice of Violation. Whenever the Public Works Director finds that a person has violated a prohibition or failed to meet a requirement of this section, the Public Works Director may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e. Payment of compensation to cover administrative and remediation costs;
f. The implementation or maintenance of source control or treatment BMPs;
g. Payment of a fine as determined by action of the City Council.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Public Works Director, with the cost of the work charged to the violator in compliance with subsection (F)(4) of this section, Emergency Abatement by City.
3. Appeal. Notwithstanding the provisions of subsection (F)(4) of this section, Emergency Abatement by City, any person receiving a notice of violation in compliance with subsection (F)(2) of this section, Notice of Violation, may appeal the determination of the Public Works Director to the City Administrator. The notice of appeal must be received by the City Administrator within five days from the date of the notice of violation. Hearing on the appeal before the City Administrator or his/her designee shall take place within 15 days from the date of City’s receipt of the notice of appeal. The decision of the City Administrator or designee shall be final.
4. Emergency Abatement by City. If the violation has not been corrected in compliance with the requirements in the notice of violation, or, in the event of an appeal in compliance with subsection (F)(3) of this section, within 10 days of the decision of the City Administrator upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
5. Charging Cost of Abatement/Liens. Within 30 days after abatement of the nuisance by the City, the Public Works Director shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the City Council. The decision of the Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).