CHAPTER 22B
STORMWATER MANAGEMENT AND DISCHARGE CONTROL

22B.010 Title.

The ordinance codified in this chapter shall be known as the "City of Fairfield Stormwater Management and Discharge Control Ordinance" and may be so cited. (Ord. No. 2010-04, § 1.)

22B.020 Purpose and intent.

A.    Purpose. The purpose of this chapter is to ensure the future health, safety, and general welfare of the City of Fairfield’s citizens by:

1.    Regulating non-stormwater discharges to the public storm drain system;

2.    Protecting the public storm drain system from spills, dumping or disposal of materials other than stormwater;

3.    Reducing pollutants in stormwater discharges to the maximum extent practicable.

B.    Intent. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and the Porter-Cologne Act. (Ord. No. 2010-04, § 1.)

22B.030 Construction and application.

This Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act, applicable implementing regulations, and NPDES Permit No. CAS612008 adopted by Order R2-2009-0074 (October 14, 2009) and any amendment, revision or reissuance thereof. (Ord. No. 2010-04, § 1.)

22B.040 Definitions.

Any terms defined in the Federal Clean Water Act (33 U.S.C. §§ 1251-1387), and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this article shall have the same meaning as in that statute or regulations unless specifically defined otherwise herein.

A.    "Public Works Department" means the Public Works Department of the City of Fairfield.

B.    "Storm drain system" means the Municipal Separate Storm Sewer System.

C.    "Illicit discharge" means any discharge to the City storm drain system that is a non-stormwater discharge except exempted and conditionally exempted discharges as described in the National Pollutant Discharge Elimination NPDES Permit.

D.    "Pollutant" means soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, equipment, rock, sand, construction wastes and debris, sawdust, bark, industrial, municipal, and agricultural waste discharge into water.

E.    "Stormwater" means stormwater runoff, snow melt runoff, surface runoff and drainage from naturally occurring events.

F.    "Authorized Enforcement Official." When used in this chapter, the following City officials are authorized enforcement officials: City Manager; Public Works Director; Community Development Director; Police Chief; Fire Chief; and their authorized designees.

G.    "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

H.    "City" means the City of Fairfield.

I.    "City storm drain system" means and includes, but is not limited to, those facilities within the City by which stormwater is conveyed to "navigable waters", including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, channels, creeks or storm drains, which is not part of a publicly owned treatment works as defined in 40 CFR § 122.2.

J.    "Maximum extent practicable" means a standard for implementation of stormwater management programs to reduce pollutants in stormwater to the maximum extent possible, taking into account equitable considerations and competing facts including, but not limited to, public health risks, environmental benefits, pollutant removal effectiveness, regulatory compliance, cost and technical feasibility.

K.    "Navigable waters" means the waters of the United States.

L.    "New" and "Redevelopment Projects" mean projects within the City’s jurisdiction that are regulated by Provision C.3 of the NPDES Permit.

M.    "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater.

N.    "NPDES" means the National Pollutant Discharge Elimination System.

O.    "NPDES Permit" means the California Regional Water Quality Control Board, San Francisco Region’s Municipal Regional Stormwater NPDES Permit, Order R2-2009-0074, NPDES Permit No. CAS612008, October 14, 2009, and any amendment, revision, or reissuance thereof.

P.    "Premises" means any building lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. (Ord. No. 2010-04, § 1.)

22B.050 Responsibility for administration.

This chapter shall be administered by the Public Works Director. Where storm drain facilities and/or watercourses have been accepted for maintenance by the City of Fairfield or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency, through contract or agreement executed by the City and such agency, with respect to those watercourses for which they have accepted maintenance. (Ord. No. 2010-04, § 1.)

22B.060 Compliance disclaimer.

Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and urban runoff or the protection of stormwater and urban runoff quality or both. (Ord. No. 2010-04, § 1.)

22B.070 Discharge of pollutants.

Any non-stormwater discharges to the City storm drain system are prohibited except as provided herein. (Ord. No. 2010-04, § 1.)

22B.080 Exceptions to discharge prohibition.

A.    The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

B.    Certain unpolluted discharges from activities, as defined in section C.15 of the NPDES Permit, will be considered exempt or conditionally exempt, when discharged in accordance with Section C.15 of the NPDES Permit. (Ord. No. 2010-04, § 1.)

22B.090 Discharges in violation of the NPDES Permit.

A.    Any discharge that would result in or contribute to a violation of the NPDES Permit, a copy of which is filed in the office of the Public Works Director, either separately considered or when combined with other discharges, is prohibited.

B.    Any discharge of non-stormwater into storm drain systems and City watercourses is prohibited, except as specifically permitted herein.

C.    Any discharge of pollutants, including bark and sawdust, into surface waters or at any place where they would contact or eventually be transported to receiving waters, is prohibited.

D.    Liability for any such discharge(s) shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City in any administrative or judicial action relating to such discharge. (Ord. No. 2010-04, § 1.)

22B.100 Illicit discharge and illicit connections.

It is unlawful to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. No. 2010-04, § 1.)

22B.120 Reduction of pollutants in stormwater--Industrial and commercial site controls.

A.    Applicability. All businesses which are required to be licensed by the City to operate as either commercial or industrial facilities and which have a reasonable probability of any discharge to the storm drain system shall be subject to the provisions of this Section.

B.    Requirements. Each such business shall implement BMPs to reduce and/or eliminate potential discharges to the City’s storm drain system from any outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas and yards, outdoor parking areas and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment and any other such sources designated by the Public Works Director. (Ord. No. 2010-04, § 1.)

22B.130 Construction site controls.

A.    Any construction contractor performing work in the City, where discharge of stormwater to the City storm drain system is possible, shall at a minimum implement BMPs to retain any debris, dirt or other pollutant on the project site from flowing into the City’s storm drain system. The Public Works Director may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

B.    All construction sites must implement and maintain at least the following minimum best management practices:

1.    Erosion control at the site;

2.    Run-on and run-off controls to and from the site;

3.    Control of sediments and fines on the site;

4.    Active treatment systems (as necessary);

5.    Good site management; and

6.    Non-stormwater management. (Ord. No. 2010-04, § 1.)

22B.140 Reduction of pollutants in stormwater.

Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

A.    Littering.

1.    No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established grounds.

2.    The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the real property as required for the disposal of garbage.

3.    No person shall throw, place, sweep, blow, or otherwise deposit grass clippings, leaves, weeds, or other landscape debris or materials onto any public sidewalk, gutter, street, or other stormwater conveyance structure. All such materials shall be collected and deposited in appropriate garbage receptacles.

4.    No person shall throw or deposit litter in any pond, lake, stream, creek, lagoon, marsh or any other body of water in a park or elsewhere within the City.

B.    Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system.

C.    Best Management Practices for New Developments and Redevelopments.

1.    All New and Redevelopment projects shall comply with all applicable requirements set forth in Section C.3 of the NPDES Permit, with respect to the design, construction and maintenance of stormwater treatment for new development or redevelopment projects. The City may adopt 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. All New and Redevelopment projects shall comply with the terms, provisions, and conditions of such requirements.

D.    Compliance with Copper Discharge Requirements.

1.    All swimming pools, spas, hot tubs, and fountains that utilized copper-base chemicals shall not discharge into any storm drain within the City’s jurisdiction.

2.    All industrial site sources shall implement Best Management Practices to minimize the potential discharge of copper to storm drains.

E.    Notification of Intent and Compliance with General Permits.

1.    Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.

2.    Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

F.    Compliance with Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional and/or City agency, for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guideline or requirements as may be identified by the Public Works Director. (Ord. No. 2010-04, § 1.)

22B.150 Watercourse protection.

A.    Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; 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; and shall not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

B.    No person shall permit or cause to be committed any of the following acts, unless a written approval has first been obtained from the Public Works Director:

1.    Discharge into or connect any pipe or channel to a watercourse;

2.    Modify the natural flow of water in a watercourse;

3.    Carry out development within thirty (30) feet of the center line of any creek or twenty (20) feet of the top of a bank;

4.    Deposit in, plant in, or remove any material from a watercourse including the banks, except as required for necessary maintenance;

5.    Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

6.    Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse. (Ord. No. 2010-04, § 1.)

22B.160 Authority to inspect.

A.    Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that: (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

B.    Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly-authorized magistrate or judge. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

C.    Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the storm drain system, or similar factors.

D.    Authority to Sample and Establish Sampling Devices. The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

E.    Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the City storm drain system, such person shall take all necessary steps to ensure the discovery and containment and clean-up of such release and shall immediately notify the City’s Police Department of the occurrence by telephone and confirm the notification by written correspondence to the City of Fairfield Public Works Department.

F.    Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the storm drain system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. No. 2010-04, § 1.)

22B.170 Violations and enforcement.

A.    Violation of the provisions of this chapter shall be prosecuted pursuant to the provisions of Chapter 1 of Fairfield Municipal Code and may also be abated as public nuisances.

B.    Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code. After a third violation for a violation of the same provision, any subsequent violations within a twelve-month period may be charged as a misdemeanor, and may be referred to the District Attorney for criminal prosecution.

C.    Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

D.    Fines and Penalties. The City Council shall establish by resolution, and from time to time may amend, the fines and penalties for the administration of this Chapter. Fines and penalties imposed and required by this Chapter shall be in addition to any required under any other chapter of this code.

E.    Recoupment of Costs Incurred to Abate Public Nuisance Caused by Illegal Discharge. Any person who has illegally discharged to the City’s storm drain system shall in addition to any fines or penalties be liable to reimburse the Public Works Department, Police Department, and any other department or division of the City for all costs incurred to abate the nuisance and address the impacts of the illegal discharge. (Ord. No. 2010-04, § 1.)

22B.180 Concealment.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. No. 2010-04, § 1.)

22B.190 Acts potentially resulting in violation of the Federal Clean Water Act or the Porter-Cologne Act.

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability. (Ord. No. 2010-04, § 1.)

22B.200 Violations deemed a public nuisance.

A.    In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

B.    The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within 90 days after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

C.    If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. No. 2010-04, § 1.)

22B.210 California Code of Civil Procedure Section 1094.6.

Section 1094.6 of the California Code of Civil Procedure is applicable to judicial review of City decisions pursuant to this chapter. (Ord. No. 2010-04, § 1.)

22B.220 Appeals.

A.    Any discharger affected by any decision, action, or determination, including assessments and abatement order, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the Public Works Director a written request for review of such decision, action, or determination, setting forth in detail the facts supporting the request no later than ten (10) days from date of decision. The Public Works Director shall complete the review and issue a written determination within ten (10) days after receipt of the request, unless the Public Works Director or his/her designee reasonably extends the time thereof.

B.    Upon completion of an appeal to the Public Works Director, any person shall have a right to appeal any determination made pursuant to any authority provided by this chapter to the City Manager to exhaust administrative remedies, by filing with the City Manager a written notice of appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 1 of the Fairfield Municipal Code. (Ord. No. 2010-04, § 1.)

22B.230 Civil actions.

In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of other following remedies:

A.    A temporary and/or permanent injunction;

B.    Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

C.    Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

D.    Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter. (Ord. No. 2010-04, § 1.)

22B.240 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this Chapter, any authorized enforcement official has the authority to utilize the following administrative remedies.

A.    Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with the time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B.    Notice to Clean. Whenever an authorized enforcement official finds significant oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the City storm drain system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. (Ord. No. 2010-04, § 1.)

22B.250 Authority to arrest or issue citations.

A.    Authorized enforcement officials shall have and are vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor offenses as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code or as the same may be hereinafter amended.

B.    Such authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter. (Ord. No. 2010-04, § 1.)

22B.260 Remedies not exclusive.

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. No. 2010-04, § 1.)