Cathedral City Municipal Code Ch. 15.10 Storm Water Management and Discharge Controls

The intent of this chapter is to protect and enhance the water quality of watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act. This will be met by:

A. Regulating nonstorm water discharges to the city's storm drain system;

B. Controlling the discharge to municipal storm drains from spills, dumping or disposal of materials other than storm water; and

C. Reducing pollutants in storm water discharges to the maximum extent practicable.

(Ord. 459 § 2, 1997)

Any terms defined in the Federal Clean Water Act, acts supplementary thereto, or defined in the regulations for the storm water discharge permitting program promulgated by the United States Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in said statutes or regulation(s), except that the definitions below shall supersede said statute or regulations for purposes of this chapter.

"Authorized enforcement officer"

means the city planner or director of county health department and any individual designated by either of them.

"Best management practice"

means schedules of activities, prohibitions of practices, general good house-keeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. Best management practices also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal and drainage from raw materials storage. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity contain detailed discussions of best management practices which may be consulted in interpreting this ordinance.

"Development"

means for the purposes of this chapter, any manmade change to improved or unimproved real estate, including, but not limited to, constructing buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

"Illicit connection"

means any physical connection to a storm drain system which has not been permitted by the city, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

"Illicit discharge"

means any discharge to the storm drain system that is not composed entirely of storm water runoff, except discharges made pursuant to a national pollutant discharge elimination system permit or as otherwise authorized by the Colorado River Basin Regional Water Quality Control Board.

"Municipal national pollution discharge elimination system permit"

means an area-wide permit issued to a government agency or agencies, for the discharge of storm water from a storm water system.

"National pollutant discharge elimination system permit"

means a storm water discharge permit issued by the Colorado River Basin Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Federal Clean Water Act.

"Nonstorm water discharge"

means any discharge to the storm drain system that is not entirely composed of storm water runoff.

"Pollutant"

means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. The term "pollutant" includes but is not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, leaves, grass clippings, animal waste, materials that result from the process of constructing a building or structure and nauseous or offensive matter of any kind.

"Premises"

means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

"Storm drain system"

means any facility by which storm water may be conveyed to waters of the United States. The term "storm drain system" includes but is not limited to roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other draining structures.

"Storm water runoff"

means surface runoff and drainage associated with rain storm events and snow melt.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

A. Responsibility for Administration. This chapter shall be administered by the city planner. B. Construction and Application. This chapter shall be construed in a manner which assures consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal national pollution discharge elimination system permits and any amendments, revisions or reissuance thereof.

C. Conflicts With Other Code Chapters. The provisions of this chapter shall control over any inconsistent or conflicting provision of the Cathedral City Municipal Code in existence at the time this chapter is first adopted.

D. Severability. 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 which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

The discharge of nonstorm water discharges to the district drain system is prohibited. All discharges other than storm water discharges must be in compliance with a national pollution discharge elimination system permit issued for that particular discharge or discharges.

A. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in this section: 1. The prohibition of discharges shall not apply to any discharge regulated under a permit or waiver issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of said permit or waiver and other applicable federal, state and local laws or regulations. 2. Discharges from the following activities when properly managed are not prohibited: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, water from crawl space pumps, uncontaminated pumped ground water, foundation and footing drains, air conditioning condensate, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from emergency fire fighting activities.

B. Discharge in Violation of Permit. Any discharge that would result in or contribute to a violation of a municipal national pollution discharge elimination system permit(s), as amended or revised, either separately considered or when combined with other discharges, is prohibited. The person or persons causing or responsible for the discharge shall be liable therefor, and said person or persons shall defend, indemnify and hold harmless the city for all costs, judgments, penalties and other amounts incurred in any administrative or judicial enforcement action relating to such discharge.

C. Illicit Discharge and Illicit Connections. It is prohibited to take steps to establish, use, maintain or continue illicit connections into the city or county storm drain system, or to commence or continue any illicit discharges to the city or county drain system. This prohibition is expressly made retroactive and applies to connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection.

D. Reduction of Pollutants in Storm Water. Any person engaged in activities which will or may result in pollutants entering the city or county storm drain system shall undertake all practicable measures to reduce the amount of such pollutants and the likelihood of their illicit discharge. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, stores fronting streets and other similar activities.

E. Littering. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, pollutants in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private parcel in the city, in a manner which may allow the same to be discharged into the storm drain system, except where such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal. No person shall cause or permit any dumpster, solid waste bin or similar container to leak such that any pollutant is discharged onto public or private property in the city including any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private property in the city.

(Ord. 459 § 2, 1997)

No person shall store objects, and unsealed containers including, but not limited to, motor vehicle or machine parts, which may leak pollutants in areas unsusceptible to storm water runoff. To contain the spillage of pollutants from any container, the city may require installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required in the sole discretion of the city. No person shall operate a spill containment system in a manner which allows incompatible liquids to mix which thereby create a hazardous or toxic substance.

(Ord. 459 § 2, 1997)

Any person performing or causing to be performed construction activities in the city shall comply with the provisions of this chapter, applicable county regulations for erosion and sediment control, all city grading and drainage regulations and any subsequent revisions or amendments to said regulations.

A. All persons engaged in construction activity within the city shall operate in compliance with all state and federal laws regulating or pertaining to storm water management and runoff, including operating with all required permits. The city planner or his or her designee may require that said permits be displayed at the worksite as a condition of continuing to perform said construction.

B. No person shall commence or continue any construction activity in the city that causes the disturbance of five or more acres, or less than five acres which is part of a common plan of development for five or more acres, by clearing, grading, excavating or reconstructing existing facilities involving removal and replacement without demonstrating to the city's department of engineering that such person has obtained a national pollution discharge elimination system general permit for storm water discharges associated with construction activity (hereinafter "construction storm water permit") from the state water resources control board. For purposes of the construction storm water permit, construction activity requiring a permit does not include:

1. Routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility; or

2. Emergency construction activities required to protect the public health and safety.

C. Any person engaged in a construction activity requiring a construction storm water permit shall retain at the construction site the following documents: 1. A copy of the notice of intent to comply with the requirements of the general permit for storm water discharges associated with construction activity; 2. A waste discharge identification number issued by the state water resources control board; and 3. A duly issued storm water pollution prevention plan and monitoring program plan for the construction activity requiring the construction permit.

D. Any person engaged in a construction activity requiring a construction storm water permit shall provide any of the documents described in subsection (C) of this section to the city upon request of the city planner or his or her designee.

E. Prior to the issuance of any building or grading permit for the construction of new development or redevelopment, the city planner or his or her designee shall evaluate the proposed project to determine its potential to generate illicit discharges into the municipal storm drain system during construction. Based upon this evaluation, the city may require that conditions be placed upon the issuance of the building or grading permit to minimize the risk of discharge of pollutants into the storm drain system. The imposition of conditions under this section shall be based on the standards set forth in the most recent edition of the California Storm Water Best Management Practice Handbooks (Municipal, Industrial/Commercial, and Construction volumes), and additional standards as determined by the city.

F. Subject to all of the provisions of this chapter, the following additional requirements shall apply to persons conducting construction in the city for which a certificate of occupancy is required, and the owners of such property. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until receipt of a certificate of occupancy:

1. Runoff containing sediment, construction waste and other pollutants from construction sites and construction vehicles and equipment parking areas which is likely to enter the storm drain system shall be reduced to the maximum extent practicable.

2. Where determined necessary by the city planner or his or her designee, a temporary sediment barrier shall be installed.

3. Between October 1st and April 1st, of each year the owner of property or any person performing improvements thereon shall use a plastic or other covering, along with additional runoff control devices if necessary, to intercept and safely convey the runoff on unprotected areas to control runoff of pollutants.

4. Excavated soil shall be located on the site in a manner that minimizes the amount of soil transported into the public right-of-way onto adjoining properties. Soil stockpiles shall be covered with plastic or other covering until the soil is either used or removed. 5. Washing industrial or construction equipment or vehicles is not allowed on city rights-of-way or private roadways adjacent to a construction site. No person shall allow water from vehicles or equipment on a construction site to run off into the city's storm drain system. 6. Drainage controls shall be utilized as needed to prevent illicit discharge, depending on the extent of proposed grading and topography of the site, including, but not limited to, the following:

a. Detention ponds, sediment ponds, or infiltration pits;

b. Dikes, filter berms or ditches; or

c. Downdrains, chutes or flumes.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

To minimize illicit discharge and the discharge of pollutants, the city may in connection with related permits and approvals of the city as appropriate require, in its discretion, a new development or redevelopment project to control the volume and rate of storm water runoff from said project so as to prevent any deterioration of water quality which would impair the subsequent or competing uses of the water. The city planner may establish standards and guidelines implementing best management practices designed to control the rate and volume of storm water runoff or other runoff from new development and redevelopment projects as may be appropriate to minimize the discharge and transport of pollutants. Acceptable methods and standards for controlling illicit discharge, storm water runoff volumes and rates, and pollutant load may include but are not limited to the following:

A. Increase Permeable Areas. Avoid placing impervious surfaces on highly porous soil areas, incorporate landscaping and open space into the project design; use porous materials for or near driveways and walkways; incorporate detention ponds and infiltration pits into the project's design, avoid placing pavement and other impervious surfaces in low lying areas;

B. Direct Runoff to Permeable Areas. Direct storm water runoff away from impermeable areas to swales, berms, green strip filters, gravel beds and French drains. Install rain gutters and orient them toward permeable areas. Modify the grade of the property to divert flow to permeable areas and minimize the amount of storm water runoff leaving the property. When designing curbs, berms or other structures, avoid designs which isolate permeable or landscaped areas;

C. Maximize Storm Water Storage for Reuse. Use retention structures, subsurface areas, cisterns or other structures to store storm water runoff for reuse or slow release.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

Any industrial facility, construction site or other activity with discharges to the city's storm drain system and which are subject to any national pollution discharge elimination system permit issued by the United States Environmental Protection Agency, the state water resource control board, or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. To be in compliance, applicants shall comply with the following applicable permits: The general permit for storm water discharges associated with industrial activity, the general permit for storm water discharges associated with construction activity, and the general permit for dewatering discharges. Proof of compliance with said national pollution discharge elimination system general permits may be required in a form acceptable to the city planner prior to issuance of any city grading, building or occupancy permits.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

Where best management practices guidelines or requirements have been adopted by any federal, state, regional, county or city agency, for any activity, operation or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the city planner.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

A. Authority to Inspect. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or other structure or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that:

1. If such building or premises be occupied, he or she shall first present proper credentials and request entry; and

2. If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the authorized enforcement officer is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

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, random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of nonstorm water to the storm water system, or similar factors.

B. Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspection as provided herein, the authorized enforcement officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite.

C. Notification of Spills. All persons responsible for operation of a municipal, industrial, commercial or construction facility or responsible for emergency response for such a facility are responsible to train personnel and maintain notification procedures to assure the appropriate agency(s) are immediately notified of any suspected, confirmed or unconfirmed release of pollutants, or other materials creating a risk of an illicit discharge into the storm drain system.

As soon as any person in charge of such a facility or responsible for emergency response for such a facility has knowledge of the foregoing facts, he or she shall take all steps reasonably necessary to ensure the discovery and containment and clean up of such release and shall notify the city, county health department, Colorado River Basin Regional Quality Control Board, and other appropriate agency(s) of the occurrence by telephone and confirm said notification by written correspondence delivered by United States Mail.

D. Requirement to Test or Monitor. Any authorized enforcement officer may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested at his or her sole cost and expense.

In the event the owner or operator of a facility subject to a monitoring and/or analyses request fails to conduct required monitoring and/or analyses and furnish the reports in the form requested, the authorized enforcement officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the city or county or other agency(s), shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of property if said testing and/or analysis discloses the discharge of nonsystem water or illicit discharges. If the invoice is not paid within sixty days of the issuance thereof, a lien may be placed upon the property for said amount. The lien shall be released upon payment in full of said amount.

(Ord. 459 § 2, 1997)

Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as specified at Section 1.01.080 of this code. Said person shall be deemed guilty of a separate offense for each and every day (or portion thereof) during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(Ord. 459 § 2, 1997)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision of this chapter.

(Ord. 459 § 2, 1997)

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is deemed to be a threat to the public health, safety and welfare, and may be declared and deemed a nuisance, and may be summarily abated and restored to its original condition by the city or pursuant to a civil action to abate, enjoin or otherwise compel the cessation of such nuisance prosecuted by the city attorney's office.

B. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to said owner. If the invoice is not paid within sixty days of the issuance thereof, a lien may be placed on the property for said amount. The lien shall be discharged by payment in full.

C. The city planner may determine and document that any violation of this chapter reoccurs or is likely to reoccur on a seasonal or recurrent basis such as to constitute a seasonal or recurrent nuisance. Upon such determination and documentation such a seasonal and recurrent nuisance may be abated every year upon notice to the property owner without the necessity of any further hearing.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of decisions of the city pursuant to this chapter.

(Ord. 459 § 2, 1997)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies.

A. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, dirt, grass, weeds, dead trees, metal cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering a storm drain system, street drainage system, or natural watercourse, or a nonstorm water discharge to a storm drain system, street system, or natural watercourse, he or she may give written notice to remove such oil, earth, dirt, grass, weeds, dead trees, metal cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the remedial activities as described in the notice.

In the event the owner or operator of a facility fails to conduct the remedial activities as described in the notice, the authorized enforcement officer may cause such required activities to be undertaken as described in the notice, and the cost thereof shall be invoiced to the owner of the property. If the notice is not paid within sixty days, a lien shall be placed upon and against the property. Said lien shall be released upon payment in full.

(Ord. 459 § 2, 1997)

Authorized enforcement officers shall have and are vested with the authority to arrest or cite any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code as the same may be hereinafter amended.

Such authorized enforcement officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6, as the same may hereafter be amended. It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this title.

(Ord. 459 § 2, 1997)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 459 § 2, 1997)

Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer who is aggrieved by the decision of the authorized enforcement officer may appeal such decision in writing to the city planner within ten days following the effective date of the decision. Upon receipt of such request, the city planner shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing with the city council at the earliest practical date. At said hearing, the city council may hear additional evidence, and may reject, affirm or modify the enforcement officer's decision. Such decision shall be final and shall complete the administrative process.

(Ord. 459 § 2, 1997; Ord. 554 § 1, 2001)

The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or administrative decision lawfully made hereunder.

(Ord. 459 § 2, 1997)