Clovis Municipal Code Art. 1 Title, Purpose, and General Provisions

This chapter shall be known as the “Urban Storm Water Quality Management and Discharge Control Ordinance” of the City of Clovis and may be so cited.

(§ 1, Ord. 96-14, eff. August 14, 1996)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) by reducing pollutants in urban storm water discharges to the maximum extent practicable and by effectively prohibiting non-storm water discharges to the storm drain system.

(§ 1, Ord. 96-14, eff. August 14, 1996)

The terms used in this chapter shall have the following meanings:

(a)

“Agricultural lands”

is defined as a parcel of land under a single ownership and of five (5) or more acres used primarily for agricultural pursuits consisting of raising tree, vine, field, forage, or other plant life, crops of all kinds, or the maintenance, breeding, and raising of poultry or animals.

(b)

“Authorized enforcement agent”

is the City Manager of the City of Clovis and any individual designated in writing by the City Manager as an Authorized Enforcement Agent.

(c)

“Best Management Practices”

means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; and the prohibition of specific activities, practices, and procedures.

(d)

“Clean Water Act”

is the federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96-483, and 97-117 (33 U.S.C. § 1251 et seq.)

(e)

“Hazardous materials”

is defined as 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. (adapted from Title 22 § 25117)

(f)

“Illicit connections”

are defined as either of the following:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow 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 Fresno Metropolitan Flood Control District (“District”).

(g)

“Illicit discharge”

is defined as any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Article 2, Section 1 of this chapter.

(h)

“Industrial National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits”

are general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations as engaging in industrial activity pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

(i)

“Municipal NPDES Storm Water Discharge Permit”

is the area-wide NPDES storm water discharge permit issued pursuant to the Clean Water Act by the Regional Board to the District, City of Fresno, City of Clovis, County of Fresno, Caltrans, and California State University, Fresno to regulate discharges from the municipal separate storm drain system to waters of the U.S. (Order No. 92-244, NPDES Permit No. CA0083500, and any amendments, revisions, or reissuance thereof.)

(j)

“Non-Storm Water Discharge”

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

(k)

“Permit area”

is the area subject to the terms and conditions of the municipal NPDES storm water discharge permit; said area being the planned urban local drainage areas specified within the District’s adopted Storm Drainage and Flood Control Master Plan, as it may be amended from time to time, and the area lying adjacent north of the District boundary between the San Joaquin River and the Friant-Kern Canal.

(l)

“Person”

shall be taken to mean any natural person, firm, association, club, organization, cooperation, partnership, business trust, company, government agency, or other entity which is recognized by law as the subject of rights or duties.

(m)

“Pollutant”

is defined as anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids, nonhazardous solid wastes and yard wastes; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

(n)

“Pollution”

is defined as the man-made or man-induced 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 these beneficial uses (CWC § 13050).

(o)

“Porter-Cologne Act”

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

(p)

“Premises”

shall be taken to mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(q)

“Storm Drain System”

shall mean all publicly-owned facilities operated by the District or Clovis by which storm water 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 man-made or altered drainage channels, reservoirs, and other drainage structures which are within the Permit Area and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

(r)

“Storm Water”

is any surface flow, runoff, and drainage associated with rain storm events and snow melt.

(s)

“Water of the United States (U.S.)”

means surface watercourses and water bodies as defined at 40 CFR § 122.2.

(§ 1, Ord. 96-14, eff. August 14, 1996)

This chapter shall apply to all storm water generated on any developed and undeveloped urban lands lying within the City and within the Permit Area including any amendments or revisions thereto. This chapter shall not apply to storm water generated on agricultural lands.

(§ 1, Ord. 96-14, eff. August 14, 1996)

(a) Responsibility for Administration. The City Manager shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City.

(b) Agreement. Administration, implementation, and enforcement of the provisions of this chapter shall not commence within the jurisdiction of the City of Clovis until the City and the District have entered into an implementation and enforcement agreement, which shall include, without limitation:

(1) Provisions to identify and take appropriate action to resolve violations of this chapter; and

(2) Provisions to identify and impose conditions and controls deemed necessary to prevent violations of this chapter.

(§ 1, Ord. 96-14, eff. August 14, 1996)

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.

(§ 1, Ord. 96-14, eff. August 14, 1996)

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and California Porter-Cologne Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES permit No. CA0083500 and any amendments, revision, or reissuance thereof.

(§ 1, Ord. 96-14, eff. August 14, 1996)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. 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.

(§ 1, Ord. 96-14, eff. August 14, 1996)