Anaheim Municipal Code Ch. 10.13 Stormwater Credit Program

A Stormwater Credit Program is hereby established in the City of Anaheim. The Stormwater Credit Program and its associated documents, as such documents may be amended from time to time, are on file in the Department of Public Works and Office of the City Clerk. (Ord. 6557 § 1 (part); June 27, 2023.)

Any words, terms, or phrases used herein shall have the meaning set forth in Anaheim Municipal Code Chapter 10.09 (National Pollution Discharge Elimination System)(NPDES)) or the Stormwater Credit Program. (Ord. 6557 § 1 (part); June 27, 2023.)

.010 The Stormwater Credit Program is designed to achieve the following purposes:

.0101 Incentivize regional stormwater treatment and supply projects (e.g., capture, treatment, infiltration, beneficial use projects) through the generation and sale of Credits;

.0102 Accelerate water quality, watershed improvement, and improved hydrologic function;

.0103 Improve effectiveness and efficiency of stormwater capture by replacing on-site privately managed stormwater management systems with publicly managed regional stormwater retention that provides better pollutant removal, more rigorous and closely monitored structural treatment control, reduces the number of structural treatment controls requiring compliance oversight including design review, inspection, and maintenance confirmation, and provides more cost-effective maintenance;

.0104 Promotes capture of stormwater as a resource through regional stormwater capture and groundwater recharge or beneficial use, reduces local hydrologic and flood risks, and leverages multi-source funding for implementation of multi-benefit projects;

.0105 Complies with current stormwater regulations including, the NPDES Permit and Orange County’s Model Water Quality Management Plan, and aligns with state and county integrated water management approaches; and

.0106 Helps implement the City’s NPDES program and achieves a net environmental benefit by reducing overall pollutant load by watershed. (Ord. 6557 § 1 (part); June 27, 2023.)

.010 Authority. The Director of Public Works is hereby granted the authority to implement the Stormwater Credit Program consistent with NPDES Permit and Anaheim Municipal Code, including, but not limited to, the development and execution of necessary contracts and other documents in furtherance of the Program. The Director of Public Works is authorized to make modifications to the Program as necessary and in accordance with all applicable federal, state, local laws and MS4 Permit requirements.

.020 Credit Accounting System. The City will establish an accounting system to monitor and implement the Stormwater Credit Program. Such accounting system will include, but not be limited to, a Credit account to receive, hold, and disperse funds from the sale of Credits, and a data management system to track Credits generated and sold, Credit adjustments, Credit Price, and other Credit-related information of the Credit Program. The City shall provide relevant credit system information to the Santa Ana Regional Water Quality Control Board and conduct an audit of the Credit accounting system on a periodic basis.

.030 Credit Generators. The City has constructed, and intends to construct, regional City-owned facilities designed to capture and retain stormwater for the Stormwater Credit Program. Upon the construction and verification of a Credit Generator by the City, the Credit Generator will generate Credits for purchase by eligible Credit Users. The City will operate and maintain the Credit Generator(s) in accordance with the Stormwater Credit Program.

.040 Credit Price. The City will establish a Credit Price by watershed, which will be adjusted periodically. The Credit Price will be based on: 1) the design, construction, operation, monitoring, and maintenance costs of existing and future Credit Generators; 2) costs to administer the Credit Program; and 3) such other reasonable costs that affect the operation of the Credit Program.

.050 Credit Users. Upon the establishment of the Credit Program, an eligible Credit User may purchase and use available Credits, on a voluntary basis, to satisfy some or all of the onsite stormwater management requirements of the NPDES Permit. A Credit User shall comply with all terms and conditions of the Stormwater Credit Program and conditions imposed by the Director, including execution of an agreement and other documents with the City. (Ord. 6557 § 1 (part); June 27, 2023.)

The City reserves the right to: 1) determine the availability of Credits; 2) determine the need for future Credit Generators; or, 3) temporarily discontinue or terminate the Program at any time for future Credit Users. (Ord. 6557 § 1 (part); June 27, 2023.)