Carpinteria Municipal Code Art. I In General

This chapter shall be known as the "watershed management ordinance" of the city of Carpinteria and may be so cited.

(Ord. No. 667, § 2, 7-14-2014)

The purpose and intent of this chapter is to protect and enhance the water quality of waters of the state and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), the SWRCB Water Quality Order No. 2013-0001-DWQ, and the Central Coast Regional Water Quality Control Board Order No. 2013-0001 by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges to the storm drain system. All regulated projects, except those exempted in Regional Water Quality Control Board Order No. 2013-0001, shall be subject to the California Regional Water Quality Control Board, Central Coast Region, Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region, as amended from time to time. The Stormwater Technical Guide as set forth by the county of Santa Barbara may be used for guidance in complying with the post-construction stormwater management requirements for developmental projects in the Central Coast Region.

The objectives of this chapter are:

A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;

B. To prohibit illicit connections and illegal discharges to the MS4;

C. To eliminate, to the maximum extent practicable, the discharge of pollutants that would degrade the water quality of local creeks and streams;

D. To reduce stormwater runoff rates and volumes and non-point source pollution whenever possible through stormwater management controls, and ensuring that these management controls are properly maintained and pose no threat to public safety; and

E. To establish legal authority to impose stormwater management penalties and carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.

(Ord. No. 667, § 2, 7-14-2014)

"Authorized enforcement agency" means employees or designees of the city of Carpinteria designated to enforce this chapter.

"Best management practices (BMPs)" means activities, practices and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the municipal storm drain system and waters of the state. Best management practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and such other provisions as the city determines appropriate for the control of pollutants.

"City" means the city of Carpinteria.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.

"Commercial activity" means any public or private enterprise involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.

"Construction activity" means sites where activities, including but not limited to clearing and grubbing, grading, excavating, demolition, new construction, reconstruction, additions or remodeling of any structure or property are being performed.

"Contamination" as defined in California Water Code Section 13050(k). "Contamination" means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

"Director" shall mean the director of the city's public works department, or his or her designee.

"Discharge" means any release, spill, leak, pump, flow, escape, dumping or disposal of any liquid, semi-solid or solid substance.

"Discharger" means any responsible party or site owner or operator who discharges runoff, or a non-stormwater discharge.

"Hazardous materials" 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.

"Illegal discharge" means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 8.10.100.

"Illicit connection" an illicit connection is defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system, and any connections to the storm drain 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 storm drain system which has not been documented in plans, maps or equivalent records and approved by the city.

"Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b)(14).

"Low impact development" means an approach to development that incorporates features to reduce run-off and impacts through use of natural landscape features, bioretention facilities, rain gardens, vegetated rooftops, rain barrels, minimizing impervious surfaces and treating stormwater as a resource rather than a waste product.

"National Pollutant Discharge Elimination System (NPDES) permits" means general, group and individual stormwater discharge permits issued by the State Board or Regional Board which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act.

"Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater.

"Nuisance" meaning ascribed to nuisance by California Water Code Section 13050(m). "Nuisance" means anything which meets all of the following requirements:

1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.

2. Affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

3. Occurs during, or as a result of the treatment or disposal of wastes.

"Pollutant" means anything that causes or contributes to pollution. Pollutants include, but are not limited to, the following:

1. Commercial and industrial waste (such as paints, varnishes, detergents, plastic pellets, fertilizers, herbicides, pesticides, slag, ash, sludge and other hazardous materials);

2. Metals, dissolved and particulate metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium), and nonmetals (such as phosphorus and arsenic);

3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, oils, solvents, coolants, grease and other automotive fluids);

4. Eroded soils, sediment and particulate materials in amounts which may cause or contribute to pollution;

5. Human wastes (such as sewage, septic effluent, and gray water discharge);

6. Animal wastes (such as occur in confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

7. Non-hazardous liquid and solid wastes (such as yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects);

8. Wastes and residues that result from constructing a building or structure (such as sediments, slurries and concrete residuals);

9. Other hazardous materials, including household hazardous wastes (such as paints, cleaners, oils, batteries, pesticides and other household products that contain corrosive, toxic, ignitable or reactive ingredients) and radioactive materials; and

10. Noxious or offensive matter of any kind.

"Pollution" means alteration of the quality of waters by waste to a degree which unreasonably affects or has the potential to unreasonably affect either the waters for beneficial uses or the facilities which serve beneficial uses. Pollution also includes contamination. (California Water Code Section 13050(1)(1)).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

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

"Remediation" means the abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.

"Stormwater control measures" means stormwater management measures integrated into project designs that emphasize protection of watershed processes through replication of pre-development runoff patterns (rate, volume, duration). Physical control measures include, but are not limited to, bioretention/rain gardens, permeable pavements, dispersion, soil quality and depth, minimal excavation foundations and water use. Design control measures include but are not limited to conserving and protecting the drainage features, directing runoff from impervious surfaces toward pervious areas, and distributing physical control measures to maximize infiltration, filtration, storage, evaporation, and transpirations of stormwater before it becomes runoff.

"Stormwater control plan" means a plan that meets those criteria contained in the most recent version of the Stormwater Technical Guide as set forth by the county of Santa Barbara.

"Storm drain system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures within the city.

"Stormwater" means any surface flow or storm drain pipe flow, runoff, and drainage consisting entirely of water from precipitation.

"Stormwater management facility" means any device designed to collect, convey, detain, retain, filter or infiltrate stormwater.

"Wastewater" means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

"Waters of the state" means surface watercourses and water bodies as defined by California Water Code Section 13050. 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.

(Ord. No. 667, § 2, 7-14-2014)

This chapter, including any amendments or revisions thereto, shall apply to all water entering the storm drain system or waters of the state generated on or flowing over any developed and undeveloped land lying within the city of Carpinteria.

(Ord. No. 667, § 2, 7-14-2014)

The director of public works ("director") or his/her designee shall administer, implement and enforce the provisions of this chapter.

(Ord. No. 667, § 2, 7-14-2014)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 667, § 2, 7-14-2014)

This chapter shall be construed to ensure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any amendments thereto, or any applicable implementing regulations.

(Ord. No. 667, § 2, 7-14-2014)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants into waters of the state caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof, for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.

Any non-stormwater discharge that would result in or contribute to a violation of an NPDES permit or any amendment, revision or reissuance thereof, either separately or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the responsible party and such responsible party shall defend, indemnify and hold harmless the city against any claim, expense, liability or payment for injury or damage to any person or property and shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement or any legal action resulting from such discharge.

(Ord. No. 667, § 2, 7-14-2014)