Chapter 14.26.030
Regulations and Requirements
Sections:
14.26.030.010 Requirement to Prevent, Control, and Reduce Storm Water Pollution.
14.26.030.015 Best Management Practices for Construction Activities.
14.26.030.020 Best Management Practices for New Development and Redevelopment.
14.26.030.030 Best Management Practices for Existing Facilities.
14.26.030.040 Requirement to Eliminate Illegal Discharges.
14.26.030.050 Requirement to Eliminate or Secure Approval for Illicit Connections.
14.26.030.060 Watercourse Protection.
14.26.030.070 Requirement to Remediate.
14.26.030.080 Requirement to Monitor and Analyze.
14.26.030.090 Notification of Spills.
14.26.030.010 Requirement to Prevent, Control, and Reduce Storm Water Pollution.
A. Authorization to Adopt and Improve Best Management Practices (BMPs). The City is subject to and may enforce BMPs as specified in the State Water Resources Control Board NPDES Permit CAS000004 and will adopt further requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. Where BMP requirements have been or are promulgated by the City or any federal, state of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
B. New Development and Redevelopment. The City may adopt requirements identifying appropriate post-construction BMPs consistent with California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for New Development and Redevelopment or equivalent. The purpose of the BMPs is to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects after construction as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this division.
C. Construction. The City may adopt requirements identifying appropriate construction BMPs consistent with the CASQA Stormwater BMP Handbook for Construction or equivalent. The purpose of the BMPs is to control the volume, rate, and potential pollutant load of storm water runoff during construction for new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this division, and the City’s grading ordinance, Division 14.19.
D. Responsibility to Implement BMPs. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
Details of CASQA BMP Handbooks for New Development and Redevelopment and Construction required by the City for use under this division can be obtained from the Public Works Department and/or Community Development Department.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.015 Best Management Practices for Construction Activities.
A. Any person performing construction or demolition activities that result in land disturbance in the City shall implement appropriate BMPs to prevent the discharge of construction waste or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse. The City will require, as a condition of executing a subdivision or public improvement agreement or issuing a grading, building or encroachment permit, the implementation of BMPs to ensure that the discharge of pollutants from a construction site will be effectively prohibited and will not cause or contribute to a condition of pollution or to an exceedance of water quality standards. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the City shall implement such BMPs approved by the City to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards.
B. Any person doing work in the City must submit for review and approval a construction erosion and sediment control plan, as described in the City’s Grading, Erosion, and Sediment Control Ordinance, Division 14.19. No construction activity shall commence before the City issues written approval of the erosion and sediment control plan. An SWPPP developed pursuant to the construction general permit may substitute for the erosion and sediment control plan for projects where an SWPPP is developed. In such cases, the SWPPP must comply with this chapter and must be submitted to the City for review and approval. All construction projects performed in the City must comply with the following provisions:
1. Projects regulated under the state construction general permit shall present evidence of coverage under the state construction general permit.
2. Projects not covered by the state construction general permit shall comply with the NPDES General Permit CAS000004 WDR for storm water discharges from small municipal separate storm sewer systems.
3. The City will conduct site inspections after BMPs have been put in place and prior to any ground disturbance. The City shall also conduct routine inspections during construction to verify that BMPs remain in place and are effective.
4. Upon completion of a construction project, the City will inspect the site to ensure that all disturbed areas are stable and that all temporary erosion and sediment control measures no longer needed have been removed.
C. When any work is being performed contrary to the provisions of this section, the City may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the City Municipal Code.
D. Cost Recovery. The applicant for a development project subject to the requirements of this chapter shall pay all costs and expenses incurred by the City in the review of project plans and inspection of construction sites for compliance with this chapter in accordance with the latest master fee schedule adopted by the City Council.
(Ord. 1985, Added, 07/25/2023)
14.26.030.020 Best Management Practices for New Development and Redevelopment.
A. Post-Construction Best Management Practices. New development and redevelopment projects are required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of storm water runoff, including, but not limited to, requirements to minimize the generation, transport, and discharge of pollutants.
B. Maintenance of Storm Water Management Facilities. New development and redevelopment shall be required to maintain storm water management facilities installed as part of the post-construction BMP’s requirements and as a condition of a land use entitlement. Failure to maintain such facilities shall be subject to enforcement in accordance with Chapter 14.26.050 of this code and/or is deemed a public nuisance in accordance with Chapter 8.10 of this code.
C. Implementation of a post-construction BMP design plan which includes a storm water facilities operation and maintenance plan by the applicant shall be a condition of a land use entitlement and precedent to the issuance of a building permit or a construction permit for a project subject to this section.
D. Post-Construction BMP Design Plan Requirements.
1. Development and redevelopment projects must be planned, designed and constructed consistent with the post-construction standards in the City’s NPDES General Permit CAS000004 WDR for storm water discharges from small municipal separate storm sewer systems and in accordance with the City’s post-construction standards plan. The post-construction standards and requirements include, but are not limited to, the use of source control, low impact development, and hydromodification measures, as applicable. Details of the post-construction standards plan required by the City for use under this division can be obtained from the Public Works Department and/or Community Development Department.
2. For each new development and redevelopment project subject to the development runoff requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the City, the applicant shall submit a post-construction BMP design plan which shall consist of measures that reduce storm water pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, storm water treatment measures, hydromodification management measures or equivalent measures.
3. The post-construction BMP design plan shall include a storm water management facilities operation and maintenance plan (O&M plan) in accordance with the NPDES General Permit CAS000004 WDR and the City’s post-construction standards plan. The person(s) or organization(s) responsible for maintenance shall be designated in the O&M plan. All storm water management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Unless a different time period is provided for in the O&M plan, those responsible for maintenance shall inspect the storm water management facility at least annually. The O&M plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a storm water management facility in accordance with this chapter or the O&M plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Section 14.26.050.040.
4. Replacement of Storm Water Control Measures. Once a storm water control measure reaches the end of its life cycle or has been damaged and can no longer operate as designed, the storm water control measure shall be replaced by the landowner at the landowner’s expense. Replacement storm water control measures replaced in kind or with different technologies shall, at a minimum, meet the requirements of the current post-construction standards plan and the requirements prescribed in this chapter.
5. Records of Installation and Maintenance. Persons responsible for the operation and maintenance of storm water control measures shall retain records of the initial installation of the storm water control measures and records of all maintenance and repairs. All such records shall be retained in accordance with the City of Vacaville Retention Schedule. These records shall be made available to the City during inspection of the storm water control measures and at other reasonable times upon request.
6. Unlawful to Tamper With Storm Water Control Measures. It shall be unlawful to tamper with or knowingly render inoperable any storm water control measure.
E. Self-Certification Reports and Inspections.
1. All person(s) or organization(s) responsible for storm water management facilities shall annually submit to the City Manager or his/her designee a self-certification report demonstrating compliance with the approved O&M plan. The self-certification report shall verify that the operating condition of the storm water control measures is in good working order and that the storm water maintenance plan has been executed to ensure that storm water control measures continue to perform adequately. The City may conduct inspections of the storm water control measures to confirm the information filed in the self-certification report. It shall be unlawful to make any false statement or representation in a self-certification report submitted to the City.
2. If persons or organizations responsible for storm water management facilities fail to submit the required self-certification report, the City Manager or his/her designee may conduct an inspection of the storm water control measures to verify compliance with the approved storm water maintenance plan. If the City Manager or his/her designee determines the storm water management permittee is not in compliance with the storm water maintenance plan, or the storm water control measures are not in good working order, the City Manager or his/her designee may issue a compliance order pursuant to Section 14.26.050.070 setting forth a schedule for compliance. The City Manager or his/her designee shall perform a follow-up reinspection at the conclusion of the schedule for compliance. Each time a reinspection is required beyond the initial follow-up reinspection for the compliance order, a reinspection fee will be charged to the permittee, until such time that the permittee comes into compliance. The amount of the reinspection fee shall be established by City Council resolution. Any unpaid costs owed by the permittee may be charged as a lien against the property.
F. Authorization to Review. The City has the authority to review designs and proposals for new development and redevelopment projects to determine whether adequate post-construction BMPs will be installed, implemented, and maintained after construction and final stabilization.
G. Authorization to Inspect. For each new development and redevelopment project subject to the development runoff requirements, or where deemed appropriate by the permitting agency, City staff shall be provided access to storm water management facilities for inspections, as provided in Section 14.26.040.010, and, through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.030 Best Management Practices for Existing Facilities.
A. Every person undertaking any activity or use of a premises that may cause or contribute to storm water pollution or contamination, illicit discharges, or non-storm water discharges, such as, but not limited to, construction activities, landscaping, landscaping maintenance, shall: (1) comply with best management practices guidelines or pollution control requirements established or imposed by the authorized enforcement official; (2) implement appropriate BMPs to prevent the discharge of wastes or contaminants from materials, tools and equipment from entering the storm drain system; and (3) properly operate and maintain any treatment control device or other measures utilized on the premises to prevent or reduce, to the maximum extent practicable, storm water pollution or contamination, illicit discharges or non-storm water discharges, as required by the authorized enforcement official.
B. Persons owning or operating a parking lot, gas station, areas of pavement or similar facility shall clean the same as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City’s storm drain system.
C. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner’s or operator’s expense.
D. Maintenance Agreement. The City may require owners of existing commercial and industrial facilities to enter into an agreement with the City for the maintenance of BMPs.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.040 Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Section 14.26.040.010, the City Manager or his/her designee may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.050 Requirement to Eliminate or Secure Approval for Illicit Connections.
A. The City Manager or his/her designee may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this division to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this division.
B. If, subsequent to eliminating a connection found to be in violation of this division, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.060 Watercourse Protection.
Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property in accordance with any required state or federal permits.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.070 Requirement to Remediate.
Whenever the City Manager or his/her designee finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or waters of the United States, the City Manager or his/her designee may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected properties restored within a specified time pursuant to the provisions of Sections 14.26.050.070 through 14.26.050.140.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.080 Requirement to Monitor and Analyze.
The City Manager or his/her designee may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the United States to undertake at said person’s expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this division.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.26.030.090 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the City’s Public Works Department in person or by phone no later than five p.m. on the date of the occurrence. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)