Ceres Municipal Code Ch. 20 Storm Water Management and Discharge Control

This chapter will be known as the "Storm Water Management and Discharge Control Ordinance," and may be cited as such.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. The purpose of this chapter 13.20 is to protect and promote the health, safety and general welfare of the citizens of City of Ceres by controlling non-storm water discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water, and by reducing pollutants in urban storm water discharges to the maximum extent practicable.

B. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. sections 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges into the storm drain system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Best management practices (BMPs) means the schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the SWPPP to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States (33 CFR section 328.3). 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 material storage. BMPs are required to be implemented and maintained in a manner that is consistent with the California Storm Water Quality Association ("CASQA") Best Management Practice Handbooks or equivalent guidelines.

Construction activity includes any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to storm water. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Development means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction.

Enforcement official means the Director of Public Works, or his or her designee, or any agent of City of Ceres authorized to enforce compliance with this chapter.

Hazardous waste means any material, including any substance, waste or combination thereof, that because of its quality, 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).

Illegal discharge means any discharge to the storm water conveyance system that violates this chapter, or is prohibited by federal, State or local laws, or that degrades the quality of receiving waters in violation of any plan standard.

National Pollutant Discharge Elimination System (NPDES) Permit means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to division 7, chapter 5.5 of the California Water Code (commencing with section 13370), to control discharges from point sources to waters of the United States.

Noncommercial vehicle washing means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.

Non-storm water discharge means any discharge to the storm water conveyance system that is not entirely composed of storm water.

Pollutant means any contaminant that can degrade the quality of the receiving water in violation of any water quality standard or NPDES permit.

Public Works Director means the Public Works Director of the City of Ceres.

Storm water means surface runoff and drainage associated with storm events, which is free of pollutants.

Storm water conveyance system means those artificial and natural facilities within City of Ceres, whether publicly or privately owned, by which storm water may be conveyed to a watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

Storm water pollution prevention plan (SWPPP) means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate non-storm water discharges or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the storm water conveyance system.

Surface water means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.

Watercourse means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets.

Any term(s) defined in the Federal Clean Water Act, as amended, or defined in the regulations for the storm water 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 chapter, have the same meaning as set forth in such act or regulation.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. In the event of any conflict between this chapter and any federal or State law, regulation, order or permit, the requirement that establishes the higher standard for public health or safety shall govern.

B. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Except as provided in section 13.20.060, it is unlawful for any person to make or cause to be made any non-storm water discharge.

B. Notwithstanding the exemptions provided by section 13.20.060, if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any storm water permit, or conveys significant quantities of pollutants to a surface water or storm water conveyance, or is a danger to public health or safety, such discharge shall be prohibited from entering the storm water conveyance system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Subject to the authority granted by the Regional Water Quality Control Board and the enforcement official in section 13.20.050, the following discharges to the storm water conveyance system are exempt from the prohibition set forth in section 13.20.050.

A. Any discharge or connections regulated under a NPDES permit issued to the discharger and administered by the State to division 7, chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations;

B. Discharges from the following activities, which do not cause or contribute to the violation of any NPDES permit:

1. Water line flushing and other discharges from potable water sources;

2. Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use;

3. Rising groundwaters or springs;

4. Passive foundation and footing drains;

5. Water from crawl space pumps and basement pumps;

6. Air conditioning condensation;

7. Natural flows from riparian habitats and wetlands;

8. Dechlorinated swimming pool discharges;

9. Flows from fire suppression activities, including fire hydrant flows;

10. Waters not otherwise containing wastes as defined in California Water Code section 13050(d) and California Health and Safety Code section 25117;

11. Diverted stream flows;

12. Uncontaminated ground water infiltration or pumped to separate storm sewers;

13. Any discharge that the enforcement official, the local health officer or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety;

14. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official;

15. Individual residential car washing on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.

(Ord. No. 2019-1054, § 2, 12-9-2019)

It is unlawful for any person to cause, either individually or jointly, any discharge to the storm water conveyance system that results in or contributes to a violation of this chapter and the City's MS4 NPDES permit.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Prohibition of illicit connections.

A. The construction, use, maintenance or continued existence of illicit connections to the storm water 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.

C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a storm water conveyance system, or allows such a connection to continue.

(Ord. No. 2019-1054, § 2, 12-9-2019)

It is unlawful and a violation of this chapter for any person to cause, permit, aide, abet, or conceal a violation of any provision of this chapter.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. sections 1251 et seq.) or Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.), and may be subject to the sanctions of those Acts, including civil and criminal penalties.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Any person engaged in activities that may result in pollutants entering the storm water conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-storm water discharge or pollutant discharge.

A. Business-related activities.

1. The enforcement official may require any business in the City engaged in activities that may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuant to a storm water pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the storm water conveyance system. Business activities that may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures carried out partially or wholly out of doors.

2. Any business requiring a hazardous materials release response and inventory plan, under chapter 6.95 (commencing with section 25500) of division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

3. Any business requiring a hazardous waste generator contingency plan and emergency procedures, pursuant to California Code of Regulations, title 22, sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Construction.

1. Any person performing construction activities in the City shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, State and local laws, ordinances or regulations, including but not limited to, the current California NPDES General Permit for storm water discharges associated with construction activity (Construction General Permit) and the City Storm Water Management and Discharge Control Ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to storm water must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges.

2. Any person subject to a construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the State's current construction NPDES general permit, the WDID number and the SWPPP shall be submitted to the City. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan ("ESCP") and the ESCP worksheet must be submitted to the City.

3. As required by its phase II MS4 NPDES permit, the City will conduct storm water compliance inspections at applicable construction sites that have areas of soil disturbance exposed to storm water. The inspection will be conducted by a City Inspector or agent working for the City who is a qualified SWPPP practitioner (QSP) or is supervised by a QSP. The inspection will evaluate the construction site's compliance to the City's storm water ordinances. Inspections will be billed by the City to the project owner. The following is the risk rating system and inspection frequency the City will use, which is analogous to the risk rating used by the California construction general permit.

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Projects not subject to the CGP or that have an erosivity waiver will have a pre-soil disturbance inspection and a project completion inspection.

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Projects that are Risk 1/LUP Type I or Risk 2/LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.

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Projects that are Risk 3/LUP Type 3 will have a pre-soil disturbance inspection, bimonthly (twice per month) inspections, and a project completion inspection.

If a project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspector, the project's "threat to water quality" will be elevated by the City to the next highest category. This elevation of risk will not affect the risk rating for the construction general permit.

C. The enforcement official may require controls as appropriate to minimize the long-term, post-construction activity discharge of storm water pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of storm water, treatment controls designed to remove pollutants from storm water, low-impact development measures, or hydro modification measures to offset the difference between the pre- and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will be required to meet the requirements and design standards specified in the current State of California Phase II MS4 NPDES Permit and as described in further detail in the City's Storm Water Design Standards Manual for New Development and Redevelopment.

At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydro modification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydro modification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit and the City's Storm Water Design Standards Manual for New Development and Redevelopment. Documentation of the site's post-construction storm water design measures must be submitted to the City's Planning Department for review and approval prior to the commencement of the project.

Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed storm water design measures is required to be submitted to and approved by the City with the signed agreement. The agreement will be recorded with the deed by the County Clerk making it transferrable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the City and the homeowners' association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the City to submit an annual self-certification that the storm water control measures are effective and are being maintained in accordance with the submitted and approved operation and maintenance plan.

D. Compliance with industrial or construction activity storm water permit.

1. Any person subject to the State's current industrial NPDES general permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

2. Any person subject to the State's current construction NPDES general permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, building permit, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

E. Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit discharges shall comply with best management practice ("BMPs") consistent with the California Storm Water Quality Association ("CASQA") Best Management Practice Handbooks or equivalent guidelines.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Any person owning or occupying a premises, who has knowledge of any release of pollutants or non-storm water discharge from or across those premises that might enter the storm water conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or non-storm water discharge, and shall notify the enforcement official at City of Ceres within 24 hours of the release of pollutants or non-storm water discharge.

(Ord. No. 2019-1054, § 2, 12-9-2019)