Carpinteria Municipal Code Art. III Regulations and Requirements

A. Generally. Any person engaging in activities that may result in pollutants entering the city's stormwater system shall undertake all practical measures to reduce such pollutants. Examples of such activities include the use of premises that may be a source of Pollutants, such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling units.

B. Litter. No person shall throw, deposit, leave, keep or maintain any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system or any other body of water, or upon any public or private parcel of land, except in containers or in lawfully established waste disposal facilities.

C. Authorization to Adopt and Impose Best Management Practices. The city may adopt requirements identifying BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the state as a separate BMP Guidance Series. Where BMP requirements 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 state. every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

D. New Development and Redevelopment. The city may require any owner or person developing real property to identify appropriate BMPs to control the volume, rate and potential pollutant load of stormwater runoff from 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/or developer shall comply with the terms, provisions and conditions of such land use entitlements and building permits as required.

1. These requirements may include a combination of structural and non-structural BMPs, and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.

E. Construction Adjacent to Watercourse. A land use clearance shall be obtained through the community development department prior to any construction activity within fifty feet of the bank of a creek or watercourse.

F. Construction Sites. BMPs to reduce pollutants in any stormwater runoff shall be incorporated in any land use entitlement and construction or building-related permit. The owner and/or developer shall comply with the terms, provisions and conditions of such land use entitlements and building permits as required by the city.

G. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A, B and C above, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system or waters of the state 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 waters of the state. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

1. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, will be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 667, § 2, 7-14-2014)

Notwithstanding the requirements of Sections 8.10.300 and 8.10.310 herein, the Director may require by written notice that a person or entity 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. No. 667, § 2, 7-14-2014)

A. The director may require by written notice that a person or entity responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the illicit connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of the ordinance from which this chapter is derived.

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

(Ord. No. 667, § 2, 7-14-2014)

Every person or entity owning property through which a watercourse passes, or such owner's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate or significantly impede 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, or remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or such owner's lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within the property lines in order to protect against erosion and degradation of the watercourse originating or contributed from the property.

(Ord. No. 667, § 2, 7-14-2014)

Whenever the director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system or waters of the state or U.S., the director may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 8.10.420 through 8.10.440 below.

(Ord. No. 667, § 2, 7-14-2014)

The director may require by written notice that any person or entity engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the state or U.S., to undertake at said person's or entity's expense, such monitoring and analyses and furnish such reports to the city of Carpinteria as deemed necessary to determine compliance with this chapter.

(Ord. No. 667, § 2, 7-14-2014)

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 stormwater, the storm drain system, or waters of the state or U.S. 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 non-hazardous materials, said person shall notify the city's public works department in person or by phone or email no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's public works department, within three business days of the phone/email notice. 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. No. 667, § 2, 7-14-2014)