Chapter 61.04
STORMWATER AND RUNOFF MANAGEMENT PROGRAM
Sections:
61.04.010 Purpose and intent.
A. The purposes of this title are to ensure the health, safety, and general welfare of the residents of the City of Coronado and those who work and/or visit the City of Coronado by:
1. Effectively prohibiting nonstormwater discharges to the stormwater conveyance system.
2. Eliminating discharges to the stormwater conveyance system from spills, dumping, or disposal of materials other than stormwater.
3. Reducing pollutants in stormwater discharges, including those pollutants taken up by stormwater as it flows over urban areas, to the maximum extent practicable.
4. Establishing best management practices requirements for the management of stormwater flows from development projects, both to prevent erosion and sediment discharges and to protect and enhance existing quality of waters of the State.
5. Controlling through interagency agreements among the other permittees the contribution of pollutants from one portion of the stormwater conveyance system to another portion of the stormwater conveyance system in accordance with the San Diego Regional Water Quality Control Board Order Number R9-2013-0001, which constitutes National Pollutant Discharge Elimination System (NDPES) Permit No. CAS0108758 as amended.
6. Controlling, by coordinating and cooperating with other owners of the stormwater conveyance system such as Caltrans, the U.S. Federal government, or sovereign Native American tribes through interagency agreements, where possible, the contribution of pollutants from their portion of the stormwater conveyance system to the portion of the stormwater conveyance system within the City’s jurisdiction.
7. Assessing the effectiveness of BMPs, through requiring documentation and any other measures available to the City, to prevent or reduce the discharge of pollutants from the stormwater conveyance systems to the MEP.
8. Requiring enforcement of this title to hold those who discharge to the stormwater conveyance system accountable for their contribution of pollutants and flows.
B. The intent of this title is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with, and to require compliance with the Clean Water Act 33 U.S.C. Section 1251 et seq., and the San Diego Regional Water Quality Control Board Order Number R9-2013-0001, which constitutes National Pollution Discharge Elimination System (NPDES) Permit No. CAS0109266 as amended, and any other applicable Federal, State, or local law or regulation. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 1), 2007)
61.04.020 Definitions.
When used in this title, the following terms shall have the meanings ascribed to them in this section:
A. “Attached residential development” means any development that provides 10 or more residential units that share an interior/exterior wall. This category includes, but is not limited to: dormitories, condominiums and apartments.
B. Authorized Enforcement Official. The City Manager may designate one or more authorized enforcement officials to enforce provisions of this chapter and Chapters 61.08 and 61.12 CMC.
C. “Authorized enforcement staff” means any City employee assigned by the authorized enforcement official to duties involving permits and other City approvals, inspections, and enforcement related to this chapter and Chapters 61.08 and 61.12 CMC.
D. “Automotive repair shop” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
E. “Basin plan” means the Water Quality Control Plan for the San Diego Basin adopted by the Regional Water Quality Control Board, San Diego Region on September 8, 1994, and approved by the State Water Resources Control Board on December 13, 1994, and all subsequent adopted and approved amendments thereto.
F. “Best available technology (BAT)” means best available technology economically achievable. BAT is the technology-based standard established by Congress in Clean Water Act Section 304(b)(2) for industrial discharges of stormwater. Technology-based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of treatment and best management practices.
G. “Best management practices (BMPs)” means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater conveyance system. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs may include any type of pollution prevention and pollution control measures to achieve compliance with this title.
H. “Best management practice (BMP) design manual” means a plan to eliminate, reduce, or mitigate the impacts of runoff from development projects, including priority development projects. The BMP design manual outlines the details of how to prepare the plan to meet requirements for development.
I. Biofiltration BMP or Biofiltration Facility. Biofiltration BMPs are shallow basins filled with treatment media and drainage rock that treat stormwater runoff by capturing and detaining inflows prior to controlled release through minimal incidental infiltration, evapotranspiration, or discharge via underdrain or surface outlet structure. Treatment is achieved through filtration, sedimentation, sorption, biochemical processes and/or vegetative uptake.
J. Bioinfiltration BMP or Bioinfiltration Facility. Bioinfiltration BMPs are shallow basins filled with treatment media and drainage rock that manage stormwater runoff through infiltration, evapotranspiration, and biofiltration. Bioinfiltration is characterized by a subsurface stone infiltration storage zone in the bottom of the BMP below the elevation of the discharge from the underdrains. The discharge of biofiltered water from the underdrain occurs when the water level in the infiltration storage zone exceeds the elevation of the underdrain outlet.
K. “Bioretention BMP” means a BMP with a vegetated surface water system that filters water through vegetation and soil or engineered media prior to infiltrating into native soils. Bioretention BMPs retain the entire design capture volume prior to overflow to the downstream stormwater conveyance system.
L. “City” means the City of Coronado.
M. “Commercial discharger” means a discharger who operates a regulated commercial facility.
N. “Construction activity” means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, demolition, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, 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.
O. “Construction BMP plan” means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities through the selection and implementation of BMPs.
P. “Design capture volume” means a volume of stormwater runoff produced from the eighty-fifth percentile, 24-hour storm event.
Q. “Detention” means the temporary storage of storm runoff in a manner that controls peak discharge rates and provides some gravity settling of pollutants.
R. “Detention facility” means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
S. “Developer” means a person who seeks or receives permits for or who undertakes land development activities.
T. “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 are discharged.
U. “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.
V. “Discharges directly to” includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e., not commingled with flows from adjacent lands).
W. “Disconnected impervious areas” means the area covered by a building, impermeable pavement, and/or other impervious surface area that are designed and constructed to direct stormwater runoff to adjacent vegetated areas, or other nonerodible permeable areas.
X. “Dry season” means May 1st through September 30th.
Y. “Employee training program” means a documented employee training program which meets the requirements of the municipal stormwater permit.
Z. “Enforcement agency” means the City of Coronado or its authorized agent.
AA. “Environmentally sensitive area (ESA)” means areas that include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as areas of special biological significance by the State Water Board and San Diego Water Board; State water quality protected areas; water bodies designated with the RARE beneficial use by the State Water Board and San Diego Water Board; areas designated as preserves or their equivalent under the natural communities conservation program within the City; and any other equivalent environmentally sensitive areas which have been identified by the City.
BB. “Flow-through treatment BMP” means a BMP that is a structural, engineered facility designed to remove pollutants from stormwater runoff using treatment processes that do not incorporate significant biological methods. Flow-through treatment BMPs include vegetated swales, media filters, sand filters, and dry extended detention basins.
CC. “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.
DD. “Hydromodification” means the change in the natural watershed hydrologic processes and runoff characteristics (i.e., interception, infiltration, overland flow, interflow and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and sediment transport. In addition, alteration of stream and river channels, installation of dams and water impoundments, and excessive stream-bank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes.
EE. “Illicit connection” means any physical connection to the stormwater conveyance system which has not been permitted by the City of Coronado or the San Diego Regional Water Quality Control Board.
FF. “Illicit discharge” means any discharge into stormwater, the stormwater conveyance system, or receiving waters that is prohibited by this title. This includes but is not limited to discharges of nonstormwater listed as discharge prohibitions in CMC 61.08.020, any discharge from an illicit 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 City permit or a San Diego Water Board permit that has not been issued are illicit discharges. Discharges regulated under an applicable San Diego Water Board or City permit are illicit discharges for purposes of this title.
GG. “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.
HH. “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.
II. “Impervious surface area” means the ground area covered or sheltered by an impervious surface, measured in plain view (i.e., as if from directly above). For example, the “impervious surface area” for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
JJ. “Industrial activity” means manufacturing, processing, or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials; manufactured 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; storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and 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.
KK. “Industrial discharger” means a discharger who operates a regulated industrial facility.
LL. “Industrial stormwater general permit” means the State industrial stormwater general permit as defined below.
MM. “Infiltration” means the process of percolating stormwater or nonstormwater into the subsoil.
NN. Infiltration BMPs or Infiltration Facility. Infiltration BMPs or facilities are structural measures that capture, store and infiltrate stormwater runoff. These BMPs are engineered to store a specified volume of water and have no design surface discharge (underdrain or outlet structure) until this volume is exceeded. These types of BMPs may also support evapotranspiration processes, but are characterized by having their most dominant volume losses due to infiltration. An infiltration BMP or facility includes sedimentation or filtration as pretreatment prior to infiltration. Bioinfiltration 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.
OO. “Jurisdictional runoff management plan (JRMP)” means the City of Coronado’s document describing the specific measures and programs implemented to comply with the municipal stormwater permit (NPDES No. CAS0109266), and as amended.
PP. Land Development Activity. Any construction, rehabilitation, redevelopment, or reconstruction activity or proposed activity of any public or private project is considered land development or redevelopment activities that have the potential to contact stormwater and contribute an anthropogenic source of pollutants, or reduce the natural absorption and infiltration abilities of the land. The land development activity has the potential for adding or replacing or resulting in the addition or replacement of roofs, pavement, or other impervious surfaces and thereby resulting in increased flows and stormwater pollutants. The project may not be segmented or phased into small parts if the effect is to reduce the quantity of impervious area and fall below thresholds for applicability of stormwater requirements. Also known as “land development project.”
QQ. “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.
RR. “Low impact development (LID)” means a stormwater management and land use development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect predevelopment hydrologic functions. Also known as “site design.”
SS. “Maintenance (of a BMP)” means periodic action taken to maintain the as-designated 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.
TT. “Maximum extent practicable” means the technology-based standard established by Congress in CWA Section 402(p)(3)(B)(iii) for stormwater that operators of MS4s must meet. Technology-based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of source control and treatment control BMPs. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense). MEP considers economics and is generally, but not necessarily, less stringent than BAT. A definition for MEP is not provided either in the statute or in the regulations. Instead, the definition of MEP is dynamic and will be defined by the following process over time: municipalities propose their definition of MEP by way of their runoff management programs. Their total collective and individual activities conducted pursuant to the runoff management programs becomes their proposal for MEP as it applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping, or MEP for MS4 maintenance). In the absence of a proposal acceptable to the San Diego Water Board, the San Diego Water Board defines MEP. MEP 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.
UU. “Municipal facility” means a facility owned or operated by the City of Coronado, by the Port Authority of San Diego, or by Caltrans, 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 title as commercial dischargers or industrial dischargers.)
VV. Municipal Separate Storm Sewer System or MS4. See “stormwater conveyance system.”
WW. “Municipal stormwater permit” means NPDES Permit No. CAS0109266, Order No. R9-2013-0001 and subsequent amendments, issued by the California Regional Water Quality Control Board, San Diego Region for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region. Also known as “municipal permit” and “MS4 permit.”
XX. “National Pollution Discharge Elimination System (NPDES) permit” means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to requirements stipulated in the Federal Clean Water Act to control discharges from point and nonpoint sources to waters of the United States.
YY. “Nonstormwater discharge” means any discharge to the stormwater conveyance system that is not entirely composed of stormwater. Also known as runoff or urban runoff.
ZZ. “Performance standard” means a requirement under this title that specifies a result that must be achieved (e.g., “minimize impervious surface area” or “implement LID BMPs that are designed to retain the volume of stormwater runoff produced from a 24-hour eighty-fifth percentile storm event”) without specifying the means that must be used to achieve that result. (This title applies performance standards only to certain land development and redevelopment projects that require City permits; those permits will typically include enforceable project-specific requirements intended to achieve the result required by the performance standard.)
AAA. Pollutant. Pollutants in runoff discharged from the stormwater conveyance system include total suspended solids, sediment, pathogens (e.g., bacteria, viruses, protozoa), heavy metals (e.g., cadmium, copper, lead, and zinc), petroleum products and polynuclear aromatic hydrocarbons, synthetic organics (e.g., pesticides, herbicides, and PCBs), nutrients (e.g., nitrogen and phosphorus), oxygen-demanding substances (e.g., decaying vegetation, animal waste), detergents, and trash. The discharge of pollutants from the stormwater conveyance system to receiving waters may cause or contribute to a condition of pollution or a violation of water quality standards.
BBB. “Premises” means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved.
CCC. “Priority development project” is defined in the municipal stormwater permit as including the following:
1. New development projects that create 10,000 square feet or more of impervious surfaces (collectively over the entire project site). This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land.
2. Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surfaces). This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land.
3. New and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site), and support one or more of the following uses:
a. Restaurants, including stationary lunch counters and refreshment stands (Standard Industrial Classification code 5812).
b. Hillside development projects. This category includes development on any natural slope that is 25 percent or greater.
c. Parking lots. This category is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce.
d. Streets, roads, highways, freeways, and driveways. This category is defined as any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
4. New development project, or redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface, that support one or more of the following uses:
a. Automotive repair shops.
b. Retail gasoline outlets meeting the following criteria: (i) 5,000 square feet or more, or (ii) a projected average daily traffic of 100 or more vehicles per day.
DDD. “Projects discharging to receiving waters within an environmentally sensitive area” means all development or redevelopment projects that create and/or replace 2,500 square feet or more of impervious surfaces (collectively over the entire project site) and discharging directly to an “environmentally sensitive area.”
EEE. “Rainy season” means October 1st through April 30th. Also known as “wet season.”
FFF. “Receiving waters” means surface bodies of water which have discharge points for the stormwater conveyance system, including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, the San Diego Bay and the Pacific Ocean.
GGG. “Redevelopment” means any construction, alteration or improvement at an already developed site that will create or replace the impervious surface area of that site. 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 is not part of a routine maintenance activity, and other activities that create additional impervious surface.
HHH. “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.
III. “Regulated industrial facility” means any facility subject to the State industrial stormwater general permit. Municipal facilities are not regulated industrial facilities, unless they are subject to the State industrial stormwater general permit.
JJJ. “Residential development” means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multifamily homes, condominiums, and apartments.
KKK. “Residential discharger” means, for an occupied residence, the occupants; for a vacant residence, the owner and the manager of the residence.
LLL. “Restaurant” means, for the purposes of this title, a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812).
MMM. “Runoff” means all flows in a stormwater conveyance system in the City of Coronado. Runoff includes but is not limited to stormwater, exempt nonstormwater discharges, and illicit discharges.
NNN. “San Diego Bay Water Quality Improvement Plan” means a plan developed by the San Diego Bay Watershed Copermittees in the Municipal Stormwater Permit and other Responsible Parties (e.g., Caltrans) that guides each of their jurisdictional runoff management programs towards achieving the outcome of improved water quality in MS4 discharges and receiving waters. The goal of the San Diego Bay Water Quality Improvement Plan is to further the Clean Water Act’s objective to protect, preserve, enhance, and restore the water quality and designated beneficial uses of waters of the State. This goal will be accomplished through an adaptive planning and management process that identifies the highest priority water quality conditions within a watershed and implements strategies through the jurisdictional runoff management programs to achieve improvements in the quality of discharges from the MS4s and receiving waters.
OOO. “San Diego Water Board” means the California Regional Water Quality Control Board for the San Diego Region.
PPP. “Sediment” means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms’ survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth.
QQQ. “Site design BMP” means a stormwater management and land development strategy that emphasizes conservation of natural features and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect predevelopment hydrologic functions. Examples of project site design BMPs or features include reducing the amount of impervious surfaces, disconnecting impervious surfaces, and reducing creation or severity of potential pollutant sources.
RRR. “Source control BMP” means land use or site planning practices, or structures that aim to prevent runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas.
SSS. “State construction stormwater general permit” means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto.
TTT. “State industrial stormwater general permit” means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto.
UUU. “Stop work order” means an order issued which requires that specifically identified activity or all activity on a site be stopped.
VVV. “Stormwater” means all surface runoff and drainage associated with precipitation events.
WWW. “Stormwater conveyance system” includes but is not limited to those municipal facilities within the City of Coronado by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, curbs, gutters, ditches, natural and artificial channels or storm drains. Also known as “municipal separate storm sewer system” or MS4.
XXX. “Stormwater management” means the use of BMPs that are designed to reduce runoff and stormwater pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the City, stormwater management also includes planning and programmatic measures.
YYY. “Stormwater quality 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 for development or redevelopment activity at the project site or parcel(s) identifying the measures and/or best management practices that will be used for permanent post-construction stormwater and nonstormwater management during the permitted activity.
ZZZ. “Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices, to eliminate or reduce, pollutant discharges to the stormwater conveyance system and receiving waters.
AAAA. Stormwater Standards Manual. For the purposes of this title, the City’s stormwater standards manual is comprised of the City’s jurisdictional runoff management plan (JRMP), JRMP guidance and the best management practices for activities and sources, and (BMP) design manual for development and redevelopment activities, as amended from time to time. The City may also refer to a number of reference materials such as the California Stormwater Quality Association’s Stormwater Best Management Practice Handbooks for Construction and Industrial and Commercial Facilities, the County of San Diego Hydrology Manual, and the Uniform Building Code to define compliance standards.
BBBB. Structural BMP. Structural BMPs as defined in the municipal stormwater permit are a subset of BMPs which detains, retains, filters, removes, or prevents the release of pollutants to surface waters from development projects in perpetuity, after construction of a project is completed. A structural BMP includes a pollutant treatment BMP and hydromodification BMP required for priority development projects under the permit. A structural BMP may be a pollutant control BMP, a hydromodification management BMP, or an integrated pollutant control and hydromodification management BMP. In Coronado, structural BMPs for priority development projects are limited to pollutant control BMPs since hydromodification effects are not applicable in the City. Also known as “treatment control BMP,” or “stormwater pollutant control BMP,” or “pollutant control BMP.”
CCCC. “SWRCB” means State Water Resources Control Board.
DDDD. Treatment Control BMP. See “structural BMP.”
EEEE. Tributary to an Impaired Water Body. A facility or activity is tributary to an impaired water body if runoff or stormwater from that facility or activity contains pollutants and (1) enters the stormwater conveyance system at a place and in a manner that will discharge to the impaired water; (2) is 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.
FFFF. “Water quality standards” means the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of a water body and the water quality objectives in the California Water Code necessary to protect those uses.
GGGG. “Waters of the State” means any water, surface or underground, including saline waters in the boundaries of the State (CWC Section 13050(e)). The definition of “waters of the State” is broader than that for waters of the United States in that all water in the State is considered to be waters of the State regardless of the circumstances or conditions.
HHHH. Waters of the United States. As defined in 40 CFR 122.2, the “waters of the United States,” and as may be revised from time to time, are: (1) all waters, which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (a) which are or could be used by interstate or foreign travelers for recreational or other purposes; (b) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (c) which are used or could be used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the United States under this definition; (5) tributaries of waters identified in subsections (1) through (4) of this definition; (6) the territorial seas; and (7) “wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this definition. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EPA. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 1), 2007; Ord. 1942 §§ 1, 2, 2002)
61.04.030 General provisions.
A. This title shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act, and acts amendatory thereof or supplementary thereto, applicable implementing regulations and NPDES Permit No. CAS0109266, and any amendment, revision or reissuance thereof.
B. Stormwater Standards Manual. The City will maintain a stormwater standards manual. In most cases, the manual (e.g., BMP design manual) provides a choice of compliance methods or BMPs. The authorized enforcement official may provide additional flexibility using the guidance documents authorized in subsection C of this section.
C. Guidance Documents. The authorized enforcement official may prepare and circulate to the public guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities. Guidance documents may include information and BMPs.
These guidance documents may set out additional compliance alternatives that, in specified circumstances, can support achieving MEP or the performance standard.
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 existing development activities, construction activities and land development activities to prevent or control pollution to the MEP. These additional BMPs shall become mandatory for affected discharges.
The authorized enforcement official and authorized enforcement staff may also take these guidance documents into account when determining whether any practices used by a discharger, or proposed in a plan associated with a building permit (including demolition, grading and excavation activity), or in a stormwater pollution prevention plan (SWPPP), an enforcement settlement offer, or any other submittal to the City, are BMPs that will prevent or control pollution to the maximum extent practicable. 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 the authorized enforcement official or authorized enforcement staff. Where appropriate, and provided the same protection is provided to the environment, the authorized enforcement official and authorized enforcement staff may depart from these guidance documents when making case-specific decisions authorized by this title.
D. Significant Sources of Pollutants. The authorized enforcement official shall identify discharges and categories of facilities and activities that are a significant source of contaminants to waters of the United States, despite compliance with this title. If the significant source of contaminations identified by the authorized enforcement official is identified from specific sources, the appropriate dischargers shall be ordered by the authorized enforcement official or by authorized enforcement staff to install, implement and maintain additional BMPs to prevent or reduce contamination in runoff, stormwater and nonstormwater. Any such order shall specify a reasonable date by which those BMPs must be put in place and operational. A failure to install, implement, or maintain BMPs as required by any such order is a violation of this title. (Ord. 2055 § 1 (Exh. 1), 2016; Ord. 1989 § 1 (Exh. 1), 2007)