Colton Municipal Code Ch. 14.01 Authority, Purpose, Policy and Definitions

The Ordinance codified in this title is enacted pursuant to authority conferred to the City under Article II, Section 7 of the Constitution of the State of California, California Government Code Sections 54300 et seq., California Health and Safety Code Section 5471, and Article XI, Sections 5 and 7 of the Constitution of the State of California to establish a system for controlling Discharges into the City's Storm Drain System and to establish necessary Fees and charges to fund Storm Drainage Improvements and the operation and maintenance thereof.

(Ord. 0-20-96 § 1, 1996: Ord. 0-17-93 § 1 (part), 1993)

The purpose of this title is to promote the health, safety and general welfare of the inhabitants of the City by controlling Discharges into the City's Storm Drain System. This will be accomplished by eliminating all nonPermitted Discharges to the municipal separate storm sewers, controlling the Discharge to the municipal separate storm sewers from spills, dumping or disposal of Materials other than Stormwater, and reducing Pollutants in Stormwater Discharges to the maximum extent practicable. The intent of this title is to protect and enhance the water quality of our Watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with Federal, State and Local Laws and regulations. This title is intended to be construed to assure consistency with the requirements of the Clean Water Act [33 U.S.C. § 1342 et seq.] and Acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES Permits and any amendments or revisions thereto or reissuance thereof.

(Ord. 0-04-00 § 1, 2000: Ord. 0-17-93 § 1 (part), 1993)

As Used in this title:

"Approved Construction Plans," means construction plans that have been Approved by the City.

"Average Storm Drainage" means the average amount of Storm Drainage which enters the City Storm Drainage system from a Parcel, based on Runoff Factors established by the County Flood Control District.

"Basic Benefit Unit" or "BBU" means the proportionate Stormwater runoff from the average Single Family Residential Parcel. The average Single Family Residential Parcel has an area of 0.1666 acres and a Runoff Factor of 0.40. The product of these numbers is 0.0666 and is defined as one Basic Benefit Unit.

"Basic Benefit Unit Factor" or "BBU Factor" means a measure of equivalency between the proportionate Stormwater runoff from any Parcel to the average Single Family Residential Parcel of 0.1666 acres.

"Basic Fee" or "BF" means the Fee/charge imposed by the City for the Discharge of one BBU.

"Best Management Practice (BMP)" means any prohibitions, practices, procedures, programs or other measures designed to prevent or reduce the direct or indirect Discharge of Pollutants into waters of the United States. BMPs Shall include, but are not limited to, those measures specified in the California Storm Water Best Management Practice Handbook for Municipal, Industrial/Commercial and Construction Activity, and those identified by the Director.

"City Permit" means a Permit issued by the City to allow a Discharge into the City's Storm Drain System or Facilities.

"Commercial User" means any Business or Commercial enterprise that contributes Pollutants to the waters of the United States from any conveyance or source regulated under the Clean Water Act or its regulations.

"Construction Activity" means any activity as defined by the State Water Resources Control Board or the Regional Water Quality Control Board, Santa Ana Region, whichever is more restrictive, that necessitates Securing an NPDES Permit or submitting an NOI for Construction Activity.

"Director" means the City Engineer, or his or her Designee.

"Discharge/Discharger" means any addition of any Pollutant to waters of the United States from any conveyance or source regulated under the Clean Water Act or its regulations; any Person who contributes any Pollutant to the waters of the United States from any conveyance or source regulated under the Clean Water Act or its regulations.

"General Construction Permit" means any construction Permit issued by the City.

"Illegal Discharge" means any unPermitted Discharge to the City Stormwater Drainage System.

"Illicit Connection" means any connection to the City Storm Drainage System that is directly or indirectly associated with an Illegal Discharge.

"Industrial Discharge/User" means any industrial source of nondomestic Pollutants regulated under the Clean Water Act or its regulations, which are Discharged to the waters of the United States.

"NPDES" means the National Pollutant Discharge Elimination System.

"NPDES Permit" means a Permit issued pursuant to the NPDES program under the Federal Clean Water Act, or any of the current general Stormwater Discharge Permits issued by the Regional Water Quality Control Board, Santa Ana Region, or the State Water Resource Control Board in compliance with the Clean Water Act.

"NOI" means a Notice of Intent to comply with one or more NPDES general Stormwater Permits.

"Nonstormwater" means any Discharge to the City Storm Drain System that is not entirely composed of Stormwater.

"Owner" means the legal Owner of a Parcel of Real Property, except when the legal Owner of the Real Property is such due to the holding of a mortgage, note or other security, in which case the "Owner" Shall be deemed to be the beneficial Owner of the Parcel of Real Property.

"Parcel" means the smallest, separately segregated Lot, unit or Plot of land having an identified Owner, boundaries and surface area which is documented for Property tax purposes and given an Assessor's identification number by the County Tax Assessor.

"Parcel Billing Units" or "PBU," means the number of Basic Benefit Units for a particular Parcel.

"Parcel Size" means the size of a Parcel measured in acres.

"Person" means any natural Person, firm, association, club, organization, corporation, partnership, Business trust, public agency, company or other entity, which is recognized by Laws as the subject of rights or duties.

"Pollutant" means anything, which causes the deterioration of water quality such that it impairs subsequent and/or competing Uses of the water. Pollutants May include but are not limited to paints, oil and other automotive fluids, soil, silt, dirt, Rubbish, trash, Garbage, debris, Refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, Hazardous Waste, chemicals, fresh concrete, Yard waste from commercial Landscaping operations, animal waste, Materials that result from the process of constructing a Building or Structure, nauseous or offensive Matter of any kind, dredged spoil, incinerator residue, filter backwash, Sewage sludge, munitions, biological Materials, radioactive Materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal and agricultural waste Discharged into water.

"Receiving Water" means all waters of the United States into which a Pollutant is or May be Discharged.

"Runoff Factor" means the number that represents the amount of Average Storm Drainage from a Parcel for a particular land Use. The Runoff Factor Shall be derived from the Runoff Factors utilized by the San Bernardino County Flood Control District, a Copy of which Shall be maintained on file with the City Clerk's Office.

"Single Family Residential Parcel" means a developed Parcel with one Single Family detached housing unit.

"Storm Drain System" means any of the Property owned or leased by the City and Used directly or indirectly in the collection, conveyance, storage or disposal of Stormwater, and including, but not limited to, conduits, natural or artificial drains, and channels, basins and water courses, together with appurtenances, pumping stations and equipment.

"Stormwater" means Stormwater runoff, snowmelt, snowmelt runoff and surface runoff and drainage.

"Stormwater" or "Storm Drainage" means the water that enters the City Storm Drainage System. From a standpoint of source, it May be a combination of the runoff from residences, Commercial Buildings, industrial plants and Institutions, together with any ground water and surface water that May be present.

"Stormwater Pollution Prevention Plan (SWPPP)" means the plan as described in the most recent general Permit for Discharges of Stormwater associated with Construction Activity as issued by the State Water Resources Control Board, or any amendment, modification or replacement thereto.

"Swimming Pool" means any body of water created by artificial means, designed or Used for swimming, immersion or therapeutic purposes.

"User" means any Person who contributes, causes or Permits the contribution of Pollutants to waters of the United States from any conveyance or source regulated under the Clean Water Act.

(Ord. 0-07-04 § 1, 2004; Ord. 0-04-00 § 2, 2000: Ord. 0-20-96 § 2, 1996; Ord. 0-17-93 § 1 (part), 1993)

The City Council May establish by Ordinance and/or Resolution, more stringent limitations and requirements related to Discharges into the City's Storm Drain System if deemed necessary.

(Ord. 0-17-93 § 1 (part), 1993)

A. Stormwater Management User Fees. There is imposed on each and every Parcel in the City, and its Owner, a Stormwater management User Fee. This Fee is necessary to pay for (i) the operation, administration, maintenance, Improvement, environmental restoration and replacement of the existing and future City Storm Drainage System; (ii) improving the quality of Stormwater; (iii) complying with Local, State, and Federal Stormwater regulations; and (iv) or secure the payment of, any indebtedness incurred for the above purposes. All of the proceeds of these Fees are in payment for Use of the City's Storm Drain System by developed and undeveloped Parcels and their Owners. This Fee Shall not exceed the reasonable costs of providing the services, facilities or regulatory activity for which the Fee is charged.

1. The Basic Fee for Stormwater services Shall be established by Resolution of the City Council.

2. The Stormwater management User Fee for each Parcel Shall be established by Resolution of the City Council and Shall be calculated by applying the Following formula:

Annual Fee = Parcel Billing Units (PBUs) multiplied by the Basic Fee (BF).

B. Stormwater Management Fund. There is established a special fund in the City Treasury entitled "Stormwater management fund," hereinafter referred to as the "fund." All revenues from the Stormwater management User Fees established pursuant to this section Shall be deposited into the fund. Moneys deposited into the fund Shall only be expended for storm drain and Storm Drainage related purposes as described in Title 14 of this Code. Appropriation Shall be made as provided for by the City Council. Moneys in the fund, which are received by the City subject to any limitations of Use, May only be expended in accordance with those limitations.

C. Collection. The Stormwater management User Fee Shall be collected by and be payable to the County Tax Collector for the 1996-97 fiscal Year, and each subsequent fiscal Year, along with the general taxes, Fees and charges collected by the Tax Collector. The Stormwater management User Fee Shall be an obligation of the record Owner of each Parcel billed for storm drain service. The Fee Shall be due and payable on the date that County tax payments are due.

1. The Fee Shall be considered delinquent if payment is not received within thirty Days of the date the payment is due and payable. The City Shall impose a ten percent nonpayment penalty on all delinquent accounts. An additional one percent penalty Shall be imposed for each additional thirty-Day period the amount remains unpaid.

2. If the bill is not paid within sixty Days of the date the payment is deemed delinquent, the amount owing Shall constitute a lien against the Parcel receiving the service, and the City Shall notify the assessee of the lien as provided for in Health and Safety Code Section 5473.11. The lien Shall remain in effect for three Years unless released upon payment of the delinquent amount plus all penalties associated therewith or otherwise Discharged.

3. If any portion of the collection or expenditure of the Stormwater management User Fee provided for in this chapter is declared invalid or unconstitutional, the remaining collection or expenditure of the Stormwater management User Fee Shall not be affected but Shall remain in full force and effect.

D. Adjustment and Appeals. The Director Shall have the power to provide for adjustments which reflect, insofar as determined reasonably possible by the Director, that receipt of quantities of Storm Drainage from particular Properties or sources which May be substantially different than from the Average Storm Drain. Any User May apply in writing to the Director for an adjustment within thirty Days from the date the tax bill is mailed with respect to the period for which the User seeks adjustment.

1. The Director Shall provide for action to be taken and a determination to be made upon each Application for adjustment within thirty Days from the date the Application is filed, whenever reasonably possible, and Shall cause the Applicant to be immediately notified in writing of any determination on the Application for adjustment. Production of additional information May be required of the Applicant, and if the Applicant fails to produce the requested information within fifteen Days from the date of mailing the request therefor, the adjustment proceedings May be terminated or such other action taken as May be deemed appropriate by the Director.

2. Any Person who has filed an Application for adjustment and has received a determination thereon, or anyone who has otherwise complied with the procedures of this section, May request an administrative hearing within the time and in the manner set forth in Section 14.06.040. No hearing Shall be held unless, within the time period to request a hearing, the Person has first paid the disputed Fee.

3. The filing of an Application for adjustment or a request for a hearing before an Administrative Hearing Officer Shall not stay any continued and further Stormwater billing coming due before or during the proceedings. Any such continued and further billing will be adjusted, if appropriate, at the termination of the proceedings in conformance with the determination therein. Acceptance of any payment by the County Tax Collector on behalf of the City subsequent to the Application for adjustment Shall not preclude billing and collection different from or in excess of such payments and in conformance with the final determination.

4. Where a determination or adjustment has become final as provided in this section, future tax bills Shall reflect such adjustment, unless otherwise determined by the Director.

E. Annual Review. The Director Shall annually review the Stormwater management User Fee and make recommendations to the City Council relative to any necessary rate adjustments to insure that each User will pay his or her proportionate share of the costs of Storm Drainage services.

(Ord. 0-04-00 § 3, 2000: Ord. 0-20-96 § 3, 1996)