Anderson Municipal Code Ch. 13.100 General Regulations

The purpose and intent of this chapter is to protect and promote the health, safety and general welfare of the city's citizens by controlling stormwater and non-stormwater discharges to the city's stormwater and urban stream conveyance system and by reducing pollutants in stormwater discharges to the maximum extent practicable. This chapter is also intended to assist in the protection and enhancement of water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) and Porter-Cologne Water Quality Control Act, and to provide the city with the legal authority to fully implement and enforce provisions set under the National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Storm Water discharges from Small Municipal Separate Storm Sewer Systems, issued to the city by the State of California Water Resources Control Board.

The city is a Traditional Small MS4 agency as determined by the State of California Water Resources Control Board. The city filed a Notice of Intent on July 2, 2013 to comply with the general permit and the Notice of Intent was accepted by the State of California Water Resources Control Board.

(Ord. No. 836, 12-1-2020)

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the United States Environmental Protection Agency, as amended, and which are not specifically defined in this chapter shall, when used in this chapter, have the same meaning as set forth in said Act or regulation. The terms used in this chapter shall have the following meanings:

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to the city stormwater conveyance system or receiving waters. BMPs include but are not limited to treatment controls, structural controls, source controls, training requirements, facility management practices, and the prohibition of specific activities, practices, and procedures to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage that the city determines appropriate for the control of pollutants.

"City" means the City of Anderson.

"City council" or "council" means the city council of the City of Anderson.

"City public works director" or "public works director" means the person in a supervisory role of the divisions that comprise the public works department and may also mean the city engineer.

"City stormwater conveyance system" means those public or natural facilities within the city which are owned, operated, maintained or controlled by the city by which stormwater may be conveyed to receiving waters, including, but not limited to, any city roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains.

"Clean Water Act" or "CWA" means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.

"Construction activity" means activities, two thousand five hundred square feet or greater, including, but not limited to, grading, digging, cutting, scraping, grubbing, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, demolition, new or expanded buildings, exterior 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, rock products or rock.

"Construction general permit" or "CGP" means the NPDES general permit for stormwater discharges associated with construction and land disturbance activities administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Development" means the construction, building or placement of any structure or portion thereof, or any activity such as excavation or grading to improve site conditions. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

"Discharge" means the release, threatened release, or placement of any material into the city's stormwater conveyance system or receiving waters, including but not limited to stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

"Enforcement agency" means the city is the primary enforcement agency for the purposes of this chapter. The enforcement agency shall coordinate program activities and authorize personnel to serve as enforcement officials to effectuate the purposes of this chapter.

"Enforcement official" means any agent of the city authorized by the enforcement agency to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "enforcement official" also shall mean the authorized official(s) of the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.

"Hazardous material" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117).

"General permit" or "MS4 permit" means the city's NPDES permit and waste discharge requirements for stormwater discharges from MS4. Sometimes referred to as the "general permit order" or the "MS4 permit" or the "order." The MS4 permit requires the city to have a stormwater management program to include the following elements:

1. Program management. This element is intended to ensure timely implementation of all elements of the MS4 permit by describing the roles, responsibilities, record keeping, reporting, monitoring, inspecting and enforcement of the city's stormwater program. This element serves as the framework/backbone for the city's stormwater program and consolidates all of the city's relevant ordinances and the description of all programs and procedures that will be implemented and enforced to comply with the MS4 permit and to document the selection, design and installation of all stormwater control measures.

2. Stormdrain system assessment and prioritization. This element requires the city to develop and implement procedures to assess and prioritize MS4 maintenance.

3. Water quality and habitat enhancement features in new flood management facilities. This element requires the city to develop and implement a process for incorporating water quality and habitat enhancement features in flood management facilities associated with the MS4 or discharges to the MS4.

4. Landscape design and maintenance. This element requires the city to implement a program to reduce the amount of water, pesticides, herbicides, and fertilizers used by the city.

5. Education and outreach on stormwater impacts. This element is intended to ensure a coordinated education and outreach program targeted to water quality issues of concern to the city.

6. Public involvement and participation. This element is intended to ensure community involvement through the implementation of a community involvement strategy.

7. Illicit discharge detection and elimination (IDDE). This element is intended to ensure a program to detect and eliminate illicit discharges through mapping, response plans, inspections, sampling, education, and enforcement.

8. Construction site stormwater runoff control. This element is intended to ensure construction site operators select and implement appropriate BMPs and conform to the CGP requirements. This element requires the implementation of a construction inventory and tracking system.

9. Pollution prevention and good housekeeping for city operations. This element is intended to ensure training of city personnel, identification of control measures and measurable goals for preventing or reducing stormwater pollution from city operations, and implementation of measures to reduce the stormwater pollution from city operations.

10. Post construction stormwater management for new development and re-development. This element requires submittals, inspections and on-going monitoring of specific LID design, BMPs and a post-construction standards plan, for all projects that create and/or replace (including projects with no net increase in impervious footprint) two thousand five hundred square feet or more or impervious surface. Re-development includes land-disturbing activates that results in creation, addition, replacement, or reconstruction of impervious surfaces that were previously created through past development.

11. Program effectiveness. This element requires the city to evaluate the status of compliance with the MS4 permit, assess control measures, and report progress toward achieving measurable goals. An annual effectiveness assessment is required.

12. Enforcement response plan (ERP). This element requires the city to have an established, escalating enforcement policy that describes the action to be taken for common violations.

13. Annual reporting. This element requires the city to prepare an annual report that documents and summarizes the city's implementation of the MS4 permit, evaluates results, and describes planned changes towards continuous improvement.

"Grading permit" means a permit issued by the public works director authorizing construction activity.

"Illicit connection" means either of the following:

1. Any drain or conveyance, whether on the surface or subsurface which allows an illicit discharge to enter the city's stormwater conveyance system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the city's stormwater conveyance system and any collections to the city's stormwater conveyance system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the city's stormwater conveyance system which has not been documented in plans, maps, or equivalent records and approved by the city.

"Illicit discharge" means any direct or indirect non-stormwater discharge to the city's stormwater conveyance system or receiving waters, except as exempted in section 13.100.100 of this chapter. The term illicit discharge does not include discharges that are regulated by a NPDES permit (other than the NPDES permit for discharges from the MS4).

"Industrial activity" means any activity subject to the NPDES industrial general permit as defined in 40 CFR Section 122.26(b)(14).

"Industrial general permit" means the permit for stormwater discharges associated with industrial activities, issued and administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Linear underground and/or overhead projects (LUPs)" means underground or overhead linear facilities associated with conveyance or transportation of gases, liquids, wastewater, electrical energy, communications, and ancillary facilities.

"Maximum extent practicable" or "MEP" means the technology-based standard established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) for small MS4 stormwater discharges. MEP emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods. The MEP approach is an ever-evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does what constitutes MEP.

"Municipal separate storm sewer system" or "MS4" 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) owned by a state, county, city, town, or other public body, that is designed or used for collecting or conveying stormwater, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"National Pollutant Discharge Elimination System" or "NPDES" means the primary permitting program under the Clean Water Act (33 U.S.C. § 1251 et seq.) which regulates most discharges to receiving waters.

"National Pollution Discharge Elimination System permit" or "NPDES permit" means a permit issued by either the State of California Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the California Water Code to control discharges to waters of the United States.

"Non-stormwater" means any discharge into a MS4 that is not composed entirely of rainfall or snowmelt runoff except those discharges exempted in section 13.100.100.

"Permanent erosion control plan" means a plan that is included in the improvement plans for the project and are prepared by a licensed civil engineer or landscape architect.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; soil, sand, aggregate, or sediment; oil and other automotive fluids; non-hazardous liquid, solid wastes and yard wastes; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; biological and fecal waste; dissolved and particulate metals; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinses); and noxious or offensive matter of any kind.

"Pollution" means the human-made or human-induced alteration of the quality of waters which unreasonably affects, or has the potential to unreasonably affect, either the waters beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.). Under the Porter-Cologne Act, the State of California Water Resources Control Board has the ultimate authority over State water rights and water quality policy. Porter-Cologne also establishes nine RWQCBs to oversee water quality on a day-to-day basis at the local/regional level.

"Post construction stormwater management program" means the city's program for regulating, monitoring, reporting, and enforcing post construction measures on non-exempt small projects and non-exempt regulated projects. Post constructions measures include:

1. Site design measures.

2. Pollutant source control measures.

3. Implementation of LID standards and features.

4. Hydromodification management.

5. The city's enforcement mechanisms and program.

6. Operation and maintenance of stormwater management measures.

7. BMP condition assessments.

8. The city's planning and development review process.

"Premises" means any building, lot, combination of lots, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Property owner" means any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this article.

"Receiving water limitations" means water quality standards contained in a Statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable RWQCB Basin Plan.

"Receiving waters" means natural surface bodies of water, as defined by the MS4 permit, including, but not limited to, creeks and rivers, which serve as discharge points for the city stormwater conveyance system.

"Regional Water Quality Control Board" or "RWQCB" means the Central Valley Regional Water Quality Control Board.

"Regulated projects" means building and development projects that create and/or re-develop over five thousand square feet of impervious surface. Regulated project examples include:

1. Single family homes that are not part of a larger development.

2. Replacement of a parking lot.

3. Patio and parking lot expansions.

4. Outbuilding additions.

5. Swimming pools and decks.

6. Additions to a business.

7. Demolition and reconstruction of a single-family house that has the same or a greater impervious footprint.

Exclusions include:

1. Projects that have less than two thousand five hundred square feet of impervious surface.

2. Linear underground and linear overhead projects (LUPs), such as utilities.

3. Pavement grinding, resurfacing, and sealing of existing surfaces.

4. Building roof replacements and repairs.

5. Designated bike lanes, pedestrian sidewalks, and trails where the stormwater runoff is directed to adjacent vegetated or permeable areas or to on-site treatment features.

6. New or reconstructed bike lanes, pedestrian sidewalks, pedestrian access ramps and trails in the public rights-of-way.

"Site design and low impact development (LID)" means land planning and engineering design to manage stormwater treatment and runoff in a manner that emphasizes conservation, stormwater runoff retention, infiltration, filtering, hydromodification, preservation of on-site natural features and post-construction BMPs.

"Small projects" means building and development projects, on public and private lands, that create and/or replace between two thousand five hundred square feet and five thousand square feet of impervious surface. Small project examples include:

1. Projects that have less than two thousand five hundred square feet of impervious surface.

2. Linear underground and linear overhead projects (LUPs), such as utilities.

3. Pavement grinding, resurfacing, and sealing of existing surfaces.

4. Building roof replacements and repairs.

5. Designated bike lanes, pedestrian sidewalks, and trails where the stormwater runoff is directed to adjacent vegetated or permeable areas or to on-site treatment features.

6. New or reconstructed bike lanes, pedestrian sidewalks, pedestrian access ramps and trails in the public rights-of-way.

Exclusions include:

1. Projects that have less than two thousand five hundred square feet of impervious surface.

2. Linear underground and linear overhead projects (LUPs), such as utilities.

3. Pavement grinding, resurfacing, and sealing of existing surfaces.

4. Building roof replacements and repairs.

5. Designated bike lanes, pedestrian sidewalks, and trails where the stormwater runoff is directed to adjacent vegetated or permeable areas or to on-site treatment features.

6. New or reconstructed bike lanes, pedestrian sidewalks, pedestrian access ramps and trails in the public right-of-way.

"Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from storm events and/or snow melt.

"Stormwater pollution prevention plan" or "SWPPP" means a document that describes the BMPs to be implemented by the owner or operator to eliminate prohibited non-stormwater discharges and/or reduce to the MEP pollutant discharges to the city stormwater conveyance system as required by the CGP and industrial general permit. SWPPPs can be required for both construction sites and identified pollution hotspots.

"Subject activities" means activities designated by the public works director, including construction and industrial activities, as potential sources of discharges of pollutants to the city stormwater conveyance system or receiving waters. The subject activity may occur at stationary facilities or as a mobile activity that takes place at various job sites. State or federal agencies may require the city to enforce regulatory measures against the subject activity in question. Industrial activities for which the MS4 permit specifies that the city shall routinely inspect, are hereby designated as subject activities.

"Total maximum daily load (TMDL)" means the regulatory term in the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) that identifies the maximum amount of a pollutant that a body of water can receive while still meeting water quality standards. The Sacramento River, from Cottonwood Creek to Keswick Dam, is an impaired waterbody. Section 303(d) of the Federal Clean Water Act requires states to develop TMDLs for impaired waterbodies. The Sacramento River is sometimes referred to as a "303(d) waterbody."

"Waters of the United States" means surface watercourses and water bodies as defined in 40 CFR Section 122.2, including all-natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

"Watercourse" means any brook, tributary, ditch, channel, creek, or stream, on public or private property, that conveys stormwater.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this article, have the same meaning as set forth in such act or regulation.

(Ord. No. 836, 12-1-2020)

The provisions of this chapter are applicable to all persons and properties within the city and all persons and properties that discharge either directly or indirectly into the city stormwater conveyance system. Within the city this chapter shall also apply to stormwater and non-stormwater discharges made to receiving waters. This chapter does not apply to facilities operated by the State of California, a political subdivision of the State of California, or by agencies of the federal government.

(Ord. No. 836, 12-1-2020)

The city's public works director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the public works director may be delegated by the public works director to persons or entities acting in the beneficial interest or in the employ of the city. In carrying out the administration responsibilities, the public works director shall implement procedures, applicable to both city staff and non-city entities, required to comply with this chapter and the MS4 permit.

(Ord. No. 836, 12-1-2020)

The provisions of this chapter are hereby declared to be severable. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter.

(Ord. No. 836, 12-1-2020)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Water Quality Control Act, and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. In the event of any conflict between this chapter and any federal or state law or regulation, that requirement which establishes the higher standard for public health shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, permit, or city ordinance.

(Ord. No. 836, 12-1-2020)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state, or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both.

(Ord. No. 836, 12-1-2020)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not intend nor imply that compliance will ensure that there will be no unauthorized discharge of pollutants into receiving waters. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 836, 12-1-2020)

It shall be unlawful for any person to discharge, or cause to be discharged, any non-stormwater, stormwater or pollutant to the city stormwater conveyance system or to receiving waters which results in, or contributes to a violation of a receiving water limitation or a violation of the MS4 permit.

(Ord. No. 836, 12-1-2020)

The following discharges are exempt from the otherwise applicable non-stormwater discharge prohibition set forth in section 13.100.090:

A. Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger, and administered by the state pursuant to Division 7 Chapter 5.5 of the California Water Code, provided that any such discharge is in compliance with all requirements of the NPDES permit, waiver, or order and all other applicable laws and regulations.

B. Any discharge from any of the following activities, provided that any such discharge does not cause or contribute to the violation of any receiving water limitation and appropriate control measures to minimize the impacts of such discharges are developed and implemented as determined by the public works director. This provision does not obviate the need to obtain any other appropriate permits for such discharges (Note: This list is repeated from the MS4 permit):

1. Water line flushing.

2. Individual residential car washing.

3. Diverted stream flows.

4. Rising groundwaters.

5. Uncontaminated groundwater infiltration (as defined in 40 CFR Section 35.2005(20)) to separate storm sewers.

6. Uncontaminated pumped groundwater.

7. Discharges from potable water sources.

8. Foundation drains.

9. Air conditioning condensation.

10. Springs.

11. Water from crawl space pumps.

12. Footing drains.

13. Flows from riparian habitats and wetlands.

14. Dechlorinated and untreated swimming pool discharges.

15. Incidental runoff from landscaped areas as defined in the MS4 permit.

16. Discharges or flows from fire-fighting activities.

C. Any discharges which the public works director, in concert with the RWQCB, determines in writing are necessary for the protection of public health or safety.

D. Additional categories of non-stormwater discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the public works director upon approval of the executive officer of the RWQCB, as provided in the MS4 permit, or any successor permits.

(Ord. No. 836, 12-1-2020)

Notwithstanding the exemptions provided for in section 13.100.100 above, if the RWQCB or the public works director determine that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to receiving waters, or is otherwise a danger to public health or safety, the public works director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of such thirty-day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses a significant threat to the environment or to public health and safety, the public works director may waive the thirty-day waiting period and require immediate cessation of the discharge.

(Ord. No. 836, 12-1-2020)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the public works director's determination as to the existence of a threatened prohibited discharge.

(Ord. No. 836, 12-1-2020)

A. The construction use or continued existence of illicit connections to the city stormwater conveyance system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Upon the effective date of the ordinance codified in this chapter, any person who maintains an illicit connection shall have thirty days or a time determined by the public works director from the effective date of the ordinance codified in this chapter to disconnect and discontinue use of such connection.

C. The public works director may require by written notice that a person responsible for an illicit connection to the stormwater conveyance system comply with the requirements of this chapter 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 chapter.

D. If subsequent to eliminating a connection found to be in violation of this chapter the responsible person can demonstrate that an illicit discharge will no longer occur, said person may request city approval to reconnect to the city's stormwater conveyance system. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

E. A violation of the provisions of this article shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. No. 836, 12-1-2020)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, city stormwater conveyance system facility, or receiving waters, any refuse, rubbish, garbage, litter, cigarette butts, objects, construction materials, gravel, soil, and other accumulations, so that the same may cause or contribute to pollution in stormwater discharges. Liter is further defined in Section 68055.1(g) of the California Government Code. Wastes deposited in streets in proper waste receptacles for the purpose of collection are exempted from this prohibition.

(Ord. No. 836, 12-1-2020)

Any person subject to an industrial general permit or the MS4 permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the public works director prior to or as a condition of a parcel map, tentative map, entitlement, building permit, grading permit, business license, or encroachment permit; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 836, 12-1-2020)

A. Any person whom the public works director determines is conducting any subject activity shall prevent or reduce the discharge of pollutants from those activities, to the MEP, through the implementation of BMPs.

B. The public works director may adopt standards or requirements and describe BMPs for specified subject activities. Where BMP requirements are promulgated by the city or any federal, state, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the city stormwater conveyance system or receiving waters, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

C. Any alternative BMP implemented pursuant to subsection B of this section shall be subject to review and approval by the public works director. If a person conducting subject activities implements alternative BMPs without the prior written approval of the public works director and subsequently receives written notice from the public works director that the alternative BMPs do not provide the required equivalent level of protection from pollutant-laden storm or non-stormwater discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of requirements of this chapter as of the date of delivery of such notice.

D. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A. and B., any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering the city stormwater conveyance system or receiving waters shall implement BMPs to the MEP.

E. Persons implementing BMPs will be required to establish, document, and conduct a maintenance program, subject to approval by the public works director, for any BMP. This requirement applies to BMPs required by the city and BMPs that were voluntarily installed. Maintenance requirements established pursuant to this section must be appropriate for site conditions, design of the BMPs, and must protect public safety, health, infrastructure, the environment and meet the purposes of this chapter.

(Ord. No. 836, 12-1-2020)

A. The owner and operator of a commercial, multi-family residential, or industrial establishment shall provide ongoing protection from accidental discharge of pollutants into the city stormwater conveyance system or receiving waters. Facilities to prevent accidental discharge of pollutants shall be provided and maintained at the owner and operator's expense.

B. The public works director may designate types of businesses where the owner and operator of the industry shall be required to notify the public works director within twenty-four hours of the discovery of an actual discharge into the city stormwater conveyance system. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

C. Any person owning or occupying premises or conducting any activity that has knowledge of any non-stormwater discharge or threatened prohibited discharge, from the premises or activity to the city stormwater conveyance system or receiving waters shall immediately take all reasonable action to contain and otherwise minimize any such discharge.

D. 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 pollutants from said facility or operation which are resulting or may result in illicit discharges or pollutants discharging into the city stormwater conveyance system or receiving waters, 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 such a release is of non-hazardous materials and not an emergency, said person shall notify the city's public works department in person or by phone no later than three p.m. of the next business day. If the discharge of pollutants emanates from a commercial, multi-family residential, 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. No. 836, 12-1-2020)

The public works director may require by written notice that a person responsible for a prohibited discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures at the cost of the discharger to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.

(Ord. No. 836, 12-1-2020)

Any person owning or operating a construction site shall implement BMPs to control the discharge of pollutants to the city stormwater conveyance system or receiving waters to the MEP, in compliance with the MS4 permit, CGP and city construction standards.

(Ord. No. 836, 12-1-2020)

All persons conducting activities in any zoning district shall implement BMPs to control the discharge of pollutants to the city stormwater conveyance system or receiving waters to the MEP, in compliance with the MS4 permit, IGP and city construction standards.

(Ord. No. 836, 12-1-2020)

A. The public works director shall endeavor to ensure that development complies with measures and BMP performance standards, including but not limited to, those outlined in Section E.12. of the MS4 permit. The requirements for new development or re-development may include but are not limited to performance standards, operational BMPs site design measures, low impact development design standards, and hydromodification measures. The requirements may include associated maintenance programs, recorded deed notices and city access agreements.

B. Requirements established pursuant to subsection A. may be included in city construction standards, conditions of development, conditions of approval or any other appropriate instrument administered by the city. The owner and developer shall comply with the terms, provisions, and conditions as required in this chapter and section 16.16.060, "Storm water drains."

C. Prior to issuance of building, grading, and clearing permits by the city, all non-exempt small projects, over two thousand five hundred square feet and less five thousand square feet, shall have a low impact development plan prepared by the owner and approved by the public works director. The low impact development plan shall be submitted to the city in the form of a grading permit application and low impact development plans that comply with the MS4 permit will be approved by the public works director.

D. Prior to issuance of building, grading, and clearing permits by the city, all non-exempt regulated projects, over five thousand square feet and less than one acre, shall have a post construction stormwater management plan and an operation and maintenance plan prepared by the owner and approved by the public works director. The post construction stormwater management plan and operation and maintenance plan shall be submitted to the city in the form of a grading permit application and post construction stormwater management plans and operation and maintenance plans that comply with the MS4 permit will be approved by the public works director.

E. When projects create, replace, or perform other land disturbing activities, in the cumulative amount of one acre or more, the owner shall secure CGP coverage or a CGP waiver from the RWQCB. Copies of all RWQCB submittals, approvals, correspondence, and enforcement actions shall be provided to the city's public works director with the developer's grading permit application.

(Ord. No. 836, 12-1-2020)

A. 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 free of trash, debris, litter, construction materials, and other obstacles that would pollute or contaminate the watercourse.

B. 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.

C. The owner or lessee shall not remove healthy bank vegetation beyond routine 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 to protect it against erosion and degradation originating or contributed from their property.

D. Pertinent regulatory agencies' permits shall be obtained as required prior to work within those areas under the jurisdiction of those agencies.

(Ord. No. 836, 12-1-2020)

A. The public works director shall have the authority to promulgate policies and standards for the implementation of this chapter.

B. All policies and standards promulgated by the public works director shall be consistent with the provisions of this chapter and the MS4 permit.

(Ord. No. 836, 12-1-2020)

A. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the public works director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the public works director may enter such premises at all reasonable times to inspect the same and to inspect records related to stormwater management compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B. 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, compliance with requirements of the MS4 permit, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, and discharge of non-stormwater to the city stormwater conveyance system or similar factors.

C. The public works director may conduct inspections pursuant to this chapter on private or public property. The public works director may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, the city stormwater conveyance system, or receiving waters. The public works director may use aerial vehicles as an inspection tool.

D. For purposes of verifying compliance with the provisions of this chapter, the public works director may inspect any storage container, vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be sources of pollutants or non-stormwater discharges.

(Ord. No. 836, 12-1-2020)

A. During any inspection as provided herein, the public works director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

B. The public works director may erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the city stormwater conveyance system or receiving waters.

C. The public works director may investigate the integrity and layout of all storm drain and sanitary sewer system or other pipelines on the premises using appropriate tests, including, but not limited to, smoke or dye tests or video surveys.

D. The public works director may conduct any necessary surveys, take photographs or videos, make measurements or drawings, and create any other record reasonably necessary to document conditions on public and private properties.

(Ord. No. 836, 12-1-2020)

The public works director may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illicit discharges, and/or non-stormwater discharges to the city stormwater conveyance system or receiving waters, 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 chapter.

(Ord. No. 836, 12-1-2020)

A. Information and data on a discharger or potential discharger obtained from inspections reports, questionnaires, applications, permits, monitoring programs, records, or any other form of submittal to the city shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the public works director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger.

B. Stormwater and non-stormwater constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.

(Ord. No. 836, 12-1-2020)

The public works director shall collect such fees as may be established by the city council to provide for the recovery of costs associated with implementing this chapter. Any such fees shall be established by resolution of the city council. Failure to pay required fees within the time period set in policy established by the public works director shall be a violation of this chapter.

(Ord. No. 836, 12-1-2020)

All provisions of Chapter 14.19 shall be enforced pursuant to Chapter 1.13 and Chapter 1.14.

(Ord. No. 836, 12-1-2020)

A. Any violation of this chapter in which the public works director determines that the violation constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the city stormwater conveyance system or receiving waters, may result in an order to immediately cease and desist all activities causing such immediate threat. A cease and desist order may direct the owner or occupant of any premises, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge.

2. Immediately discontinue any other violation of this chapter.

3. Clean up the area affected by the violation.

B. If the discharger fails to comply with a cease and desist order within the time specified in the order, the public works director may conduct abatement of the violation and the expense thereof shall be charged to the violator.

C. In the event a condition in violation of the provisions of this chapter constitutes an imminent danger to public safety or the environment, the public works director may enter the premises from which the violation emanates, abate the violation and restore any property affected by the violation, at the expense of the violator, without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

(Ord. No. 836, 12-1-2020)

In addition to any other remedies provided by this chapter or any other law, the public works director may also seek and recover reimbursement from any person whose conduct or activity results in any fine, penalty or other charges being imposed upon the city by any authorized federal, state, or local government agency, including, but not limited to, the RWQCB, for violations of the terms of the city's MS4 permit or otherwise, up to the actual amount of the fine, penalty, or charge imposed upon the city.

(Ord. No. 836, 12-1-2020)