Chapter 15.01 — STORMWATER/URBAN RUNOFF

The following words and phrases shall, for the purpose of this Chapter, be defined as follows:

(a) “Best Management Practices” (BMPs) means any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the Director of Public Services.

(b) “City” means the City of Canyon Lake.

(c) “Clean Water Act” means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act, and amended in 1987 to establish new controls on industrial and municipal stormwater discharges, and any and all subsequent amendments thereto.

(d) “Discharge” means any release, spill, leak, disposal, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or discarding of any liquid, semi-solid or solid substance, or combination thereof.

(e) “Illegal Discharge” means any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.

(f) “Illegal Connection” means any physical connection to a storm drain system which has not been permitted by the City of Canyon Lake, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

(g) “National Pollutant Discharge Elimination System” (NPDES”) Permit means a stormwater Discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.

(h) “Municipal NPDES Permit” means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

(i) “Non-Stormwater Discharge” means any discharge to the storm drain system that is not entirely composed of stormwater.

(j) “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

(k) “Pollutant” means the following liquid, solid or semi-solid substances, or combination thereof:

(1) Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings),

(2) Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment),

(3) Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals, such as phosphorus and arsenic.

(4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease),

• (5) Excessive eroded soils, sediment and particulate materials,

(6) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields),

• (7) Substances having characteristics with a pH less than 6.5 or greater than 8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus,

(8) Waste materials and wastewater generated on construction sites and by construction activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing),

• (9) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon,

• (10) Materials which contain base/neutral or acid extractable organic compounds,

• (11) Those pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal Clean Water Act.

• (12) Any other constituent or material that may adversely affect the beneficial uses of the receiving waters, flora or fauna of the State, as determined by the State Board or the Regional Board.

The term “pollutant” shall not include uncontaminated stormwater runoff, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

• (l) “Premises” means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

• (m) “Regional Board” means the California Regional Water Quality Control Board, Santa Ana Region.

• (n) “State Board” means the State Water Resources Control Board.

• (o) “Storm Drain System” means any facility within the incorporated areas of the City by which stormwater may be conveyed to waters of the United States. “Storm drain system” includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

• (p) “Stormwater” or “Stormwater Runoff” means surface runoff and drainage associated with rain storm or precipitation events.

No person shall discharge or cause or permit to be discharged any non-stormwater discharge to any storm drain system, except:

• (a) Discharges covered by an NPDES permit, or for which an approval has been issued by the, Regional Board or State Board;

• (b) Discharges from potable water line flushing and other potable water resources;

• (c) Discharges from fire fighting and fire hydrant testing and flushing;

• (d) Discharges from landscape irrigation, lawn watering and other irrigation activities;

• (e) Diverted stream flows;

• (f) Rising ground waters and natural springs;

• (g) Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;

• (h) Passive foundation drains;

• (i) Air conditioning condensate;

• (j) Water from crawl space pumps;

• (k) Passive footing drains

• (l) Discharges from individual residential vehicle washing (not including discharges from mobile sources such as automobile/equipment detailing or washing);

• (m) Flows from riparian habitats and wetlands;

• (n) Dechlorinated swimming pool discharges;

• (o) Street and sidewalk washing and runoff;

• (p) Waters not otherwise containing wastes as wastes are defined in California Water Code Section 13050(d); and

• (q) Other discharges specifically authorized and permitted by the City or the Regional Board, as described in a permit issued by either the City or the Regional Board.

No person shall construct, use, maintain, operate or permit the existence of any illegal connection to the storm drain system on any premises owned or operated by such person.

Except as otherwise permitted under Section 15.01.020 of this Chapter, no person shall discharge any liquid, semisolid or solid substance, or combination thereof, that is not composed entirely of stormwater, and which contains any pollutant, to:

• (a) The storm drain system;

• (b) Any upstream flow, which is attributory to the storm drain system;

• (c) Any groundwater, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal sloth;

• (d) Any lake, harbor area, or bay.

(a) Any authorized representative of the property owner or entity which will be performing the work or carrying out the project, or the person who otherwise is responsible for a project or activity which may result in an illegal discharge or in a non-storm water discharge not listed in Section 15.01.020 (as used herein, the "applicant") shall obtain a City permit at least 72 hours in advance of the commencement of any such project. It is the responsibility of such applicant to determine the applicability of this notice provision.

(b) The applicant shall complete a City application form identifying and describing the project, the property owner/project proponent/contractor, the type of discharge anticipated, and the proposed measures to prevent such discharge into the storm water system. The City may request additional information which the applicant will provide.

(c) The form shall be submitted to the City Manager or his or her designee along with the fee or deposit adopted by resolution of the City Council.

(d) It is the responsibility of the applicant to submit the form in a manner which will allow for provision of a permit at least 72 hours in advance of the commencement of such project.

(e) Notwithstanding, any applicant who must obtain a City encroachment permit is not required to obtain this permit as the requirements of this permit already are included within an encroachment permit. (Ord. 107, passed 7-16-2008)

(a) The City shall review the completed application in a timely manner and determine if additional information is required. At such time as the application is complete, staff shall review the type of project proposed and possible discharges, along with proposed measures to prevent discharge, and shall either issue a permit with conditions or inform the applicant that the project as proposed cannot be conditioned in a manner which will prevent illegal discharges.

(b) The City may provide permit conditions confirming those proposed by the applicant and/or applying best management practices for control of non-storm water runoff. Copies of recommended best management practices are available from the City.

(c) In the event that the project is proposed in such a manner that conditions to prevent non-storm water runoff are not effective, the City representatives will work with the applicant to revise the project in a manner which allows for such conditions to be placed on the project and then carried out.

• (d) No permit will be processed without payment of the applicable fee or deposit.

• (e) No project which falls within the provisions of Section 15.01.060 shall proceed without compliance with these sections.

(f) In the event an applicant believes the project is exempt from these requirements, the applicant may request review of the project to confirm such exemption by submitting the same form and fee or deposit applicable to such review.

(g) An applicant may appeal the applicability of the permit requirement or of the conditions contained in the permit in the same manner as provided for administrative citations.

(h) The requirements of these sections are in addition to any other requirement of federal, state or local law or regulation or CC&R's.

(Ord. 107, passed 7-16-2008)

The City Manager or City Engineer, or any designee thereof, may, on 24 hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private Premises for the purposes of verifying compliance with the terms and conditions of this Chapter. Such inspection may include, but is not limited to:

(a) Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;

• (b) Identifying points of discharge of all waste water, processed water systems and pollutants;

• (c) Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;

• (d) Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;

• (e) Locating any illegal connection or any discharge prohibited by this Chapter;

• (f) Evaluating compliance with any permit issued pursuant to this Chapter or the Clean Water Act.

(a) Any violation of this Chapter is a misdemeanor and shall be punishable by either a fine of up to $1,000 or six months in the county jail, or both.

(b) As a part of any sentence or other penalty imposed or the award of any damage, the Court may also order that restitution be paid to the City or any injured person by any person violating this Chapter, or, in the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.

(c) Any person violating the provisions of this Chapter shall reimburse the City for any and all costs incurred in responding to, investigating, assessing, monitoring, treating, removing, or remediating any pollutant to the storm drain system; rectifying any illegal connection; or remediating any violation of this Chapter. Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys’ fees. The costs to be recovered in this Section 15.01.050 shall be recoverable from any and all persons creating, causing or committing or maintaining the violation of this Chapter, or participating in the same.

(d) In the event any violation of this Chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or City Engineer, Building Official, or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the discharge of pollutants, where such discharge presents significant and immediate threat to the public health or safety, or the environment.

(e) Violations of this Chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and State law.

(f) All costs and fees incurred by the City as a result of any violation of this Chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.

(g) Any person acting in violation of this Chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Sections 13000 et seq. ) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.

(h) The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this Chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the City, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.

(i) The City may utilize any and all other remedies as otherwise provided by law.