Division VI. Storm Drainage
Chapter 13.80
STORM DRAINAGE
Sections:
13.80.010 Purpose of provisions.
13.80.020 Promulgation of rules, regulations and rates.
13.80.030 Classification of users.
13.80.040 Service charge fixed by resolution.
13.80.050 Relief from unjust rates.
13.80.070 Collection – Methods.
13.80.080 Prohibited interferences with system.
13.80.100 Discharge of pollutants.
13.80.110 Discharge in violation of permit.
13.80.120 Illicit discharge and illicit connections.
13.80.130 Reduction of pollutants in urban runoff.
13.80.140 Watercourse protection.
13.80.150 Violations constitute a public nuisance – Abatement – Restoration.
13.80.160 Violations – Misdemeanors or infractions – Punishment.
13.80.170 Violations – Civil action for enforcement.
13.80.180 Violations – Administrative enforcement action.
13.80.190 Remedies not exclusive.
13.80.200 Authority to arrest and issue citations.
13.80.210 Coordination with other programs.
13.80.010 Purpose of provisions.
The purpose of this division is to provide for the maximum possible beneficial public use of the city’s stormwater drainage facilities through the adequate regulation of use, construction, and maintenance; to provide for equitable distribution of the city’s costs; and to provide procedures for complying with the requirements placed upon the city by other regulatory agencies. Stormwater drainage facilities are defined for the objective of this chapter as the system of ditches, pipes and catch basins, owned and/or operated by the city, which carries stormwaters and surface waters or groundwater and drainage, but excludes sewage and polluted industrial waste. (Ord. 93-583).
13.80.020 Promulgation of rules, regulations and rates.
The council reserves the right and power to from time to time by resolution adopt rules and regulations for the operation and maintenance of the stormwater drainage facilities of the city, and may likewise by resolution establish and modify the rates, charges, and penalties of the utility. (Ord. 93-583).
13.80.030 Classification of users.
All parcels of property within the city shall be classified by assigning each one to a user classification category according to the principal activity conduct on the premises and the size of the parcel. The purpose of such classification is to facilitate the regulation of stormwater discharges and to establish an equitable recovery of the city’s cost. (Ord. 93-583).
13.80.040 Service charge fixed by resolution.
The city council from time to time shall, by resolution, adopt a schedule of service charges and fees which will enable the city to operate and maintain the stormwater drainage system. These charges shall be levied against the owner or tenant of any developed parcel of property that discharges stormwater runoff into the city’s drainage system. (Ord. 93-583).
13.80.050 Relief from unjust rates.
A. The owner or occupants of any premises who by reason of special circumstances finds that the rates set forth in this chapter are unjust or inequitable as applied to his premises, may make written application to the city council, stating the circumstances and requesting a different basis of charges for the collection of stormwater discharges from his premises.
B. If such application is approved, the city council may by resolution fix and establish fair and equitable rates for such premises to be effective as of the date of such application and continuing during the period of such special circumstances.
C. The council may, on its own motion, find that by reason of special circumstances the rates set forth in this chapter are unjust and inequitable as applied to a particular premises and may by resolution fix and establish fair and equitable rates for such premises during the period of such special circumstances, or any part thereof. (Ord. 93-583).
13.80.060 Billing.
A. The regular billing period will be for each calendar month, or bimonthly, as determined by the council.
B. Opening and closing bills for less than the normal billing period shall be prorated on a daily-use basis.
C. Bills for service shall be rendered at the beginning of each billing period and are payable upon presentation, except as otherwise provided.
D. No owner or agent or subsequent tenant will be held liable for storm drainage service charges on account of nonpayment of charges by a previous tenant. The city may, however, require that service to subsequent tenants be furnished on the account of the landlord or property owner. (Ord. 93-583).
13.80.070 Collection – Methods.
The city council may provide for the collection of stormwater drainage charges in the same manner as is provided in FMC 13.44.100 for the collection of sewer service charges. (Ord. 93-583).
13.80.080 Prohibited interferences with system.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the city’s storm drainage system. Any person violating this provision shall be subject to the penalties provided by law. (Ord. 93-583).
13.80.090 Permit required.
No unauthorized person shall uncover, make any connection with or opening into, use, alter, regrade, or disturb any portion of the city’s storm drainage system or appurtenances or perform any work on any portion of the system without first obtaining a written permit from the city. (Ord. 93-583).
13.80.100 Discharge of pollutants.
A. The discharge of nonstormwater discharges to storm drains is prohibited. All discharges of material other than stormwater must be in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued for the discharge.
B. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection (A) of this section:
1. 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.
2. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, fundraising car washing that does not exceed two consecutive days, flows from riparian habitats and wetlands, flows from fire fighting, or permitted use of reclaimed water. (Ord. 2006-661 § 3).
13.80.110 Discharge in violation of permit.
In the future, the California Regional Water Quality Control Board, Northern California Region (herein called Regional Board) may issue an NPDES permit for stormwater discharges to the city of Fortuna, individually or in association with other Humboldt County municipalities. Any discharge that would result in or contribute to a violation of that permit and any amendment, revision or re-issuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge. (Ord. 2006-661 § 3).
13.80.120 Illicit discharge and illicit connections.
The establishment, use, maintenance, or continuance of illicit connections to the storm drains, and/or the commencement or continuance of illicit discharges to the storm drains is prohibited. 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. 2006-661 § 3).
13.80.130 Reduction of pollutants in urban runoff.
Any person engaged in activities which will or may result in pollutants entering the storm drains shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, restaurants, and stores fronting city streets or backing onto streams.
A. Littering. Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, 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 or other premises in the city, so that the same might be or become a pollutant discharged to water.
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any premises in the city of Fortuna in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said 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 said real property as required for the recycling or disposal of garbage.
B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station area of 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 storm drains.
C. Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the city shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering the storm drains.
All construction plans and applications for building permits shall consider the potential for erosion and sedimentation at the construction site and shall include appropriate erosion and sedimentation controls. Appropriate controls shall be determined in accordance with the guidance provided in the CALTRANS handbook, CASQA BMP Manual or similar technical manual and may include site planning considerations, construction staging and timing, and installation of temporary detention ponds or other treatment facilities.
Prior to and/or during construction, the director of public works may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize peak flows or total runoff volume. These controls may include limits on impervious or area provisions for detention and retention of runoff on site.
All development projects shall comply with the post-construction requirements of the MS4 General Permit, Section E.12, Post-Construction Storm Water Management Program, which may include measures for site design, source control, runoff reduction, stormwater treatment, or baseline hydro modification management as applicable based on project type and size. Information related to these measures can be found in the Humboldt Low Impact Development Stormwater Manual. The city shall incorporate MS4 General Permit post-construction requirements, as applicable, in any land use entitlement and construction or building-related permit to be issued relative to such development. The responsible party and developer shall comply with the terms, provisions, and conditions of such land use entitlements and permits.
“MS4” or “municipal separate storm sewer” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the city that discharges into waters of the United States; (2) designed or used for collecting or conveying stormwater; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works (POTW) as defined in the United States Code of Federal Regulations at 40 CFR 122.2.
“MS4 General Permit” means the State Water Resource Control Board NPDES General Permit No. CAS000004 – Waste Discharge Requirements for Stormwater Discharges from Small MS4s, issued by Water Quality Order No. 2013-0001-DWQ on February 5, 2013, a copy of which is on file with the city clerk.
The director of public works may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by state and federal agencies.
D. Notification of Intent and Compliance with General Permits. 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 Regional Board, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.
Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.
E. Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the storm drains, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the director of public works. (Ord. 2015-717 § 2; Ord. 2006-661 § 3).
13.80.140 Watercourse protection.
A. Every person owning, occupying, leasing, renting, or in control of premises through which a watercourse passes shall:
1. Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute, contaminate, or significantly retard the flow of water through the watercourse;
2. 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
3. Not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
B. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the director of public works:
1. Discharge into or connect any pipe or channel to a watercourse;
2. Modify the natural flow of water in a watercourse;
3. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;
4. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or
5. Place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such watercourse. (Ord. 2006-661 § 3).
13.80.150 Violations constitute a public nuisance – Abatement – Restoration.
Any condition caused or allowed to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the city attorney.
A. Abatement Procedure – Costs – Lien. The abatement of any public nuisance under this chapter shall follow the formal notice procedures as set forth in the Fortuna Municipal Code. The cost of such abatement and/or restoration of the property to its original condition shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and this code.
B. Inspections and Sampling – Authority and Procedure.
1. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of law, enter such building or premises at reasonable times to inspect the same for violations of this chapter or to perform any duty imposed upon the official by this chapter; provided, that the official presents proper credentials to, and obtains consent from, the owner or occupant to enter. In the event the owner and/or occupant refuse entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law.
2. The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the local agency. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the official presents proper credentials to, and obtains consent from, the owner or occupant to enter. In the event the owner and/or occupant refuse entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law.
3. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of nonstormwater or other unlawful material to the storm drains, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official.
4. Exigent Circumstances. Whenever a condition is found to exist in violation of this chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including, but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement. (Ord. 2006-661 § 3).
13.80.160 Violations – Misdemeanors or infractions – Punishment.
The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, except that, notwithstanding any other provision of this chapter, any such violation of this chapter may, in the discretion of the enforcement authority, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in the Fortuna Municipal Code. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in the Fortuna Municipal Code. 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 allowed by the person, firm, corporation or organization, and shall be punishable accordingly. (Ord. 2006-661 § 3).
13.80.170 Violations – Civil action for enforcement.
The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by a civil action brought by the city attorney in any court having appropriate jurisdiction. In any such action, the city may seek any or all of the following remedies:
A. A temporary or permanent injunction;
B. Costs of investigation, inspection, sampling, or monitoring activities concerning the violation, and costs of suit;
C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition;
D. Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be paid to the city and shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this chapter. (Ord. 2006-661 § 3).
13.80.180 Violations – Administrative enforcement action.
In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator’s failure to comply with such order, the city shall take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, state or federal law. (Ord. 2006-661 § 3).
13.80.190 Remedies not exclusive.
The enumerated remedies provided in this chapter are in addition to and do not supersede or limit any and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other. (Ord. 2006-661 § 3).
13.80.200 Authority to arrest and issue citations.
The authorized enforcement official shall have the authority to arrest or to cite any person who violates any provision of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same may be hereinafter amended.
It is the intent of the city council that the immunities provided in Penal Code Section 836.5 be applicable to public officers or employees acting within the course and scope of their employment pursuant to this chapter. (Ord. 2006-661 § 3).
13.80.210 Coordination with other programs.
The first revision of the business plan for any facility subject to the city’s Municipal Ordinance shall include a program for compliance with this chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable. (Ord. 2006-661 § 3).
13.80.220 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Fortuna hereby declares that it would have passed and adopted the ordinance codified in this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. (Ord. 2006-661 § 3).