Cotati Municipal Code Art. I Title, Purpose And General Provisions

This chapter shall be known as the "Storm Water Ordinance" of the city of Cotati and may be so cited.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to 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 USC Section 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

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

"Best management practices" or "BMPs"

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; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.

"City"

means the city of Cotati.

"City engineer"

means the Cotati city engineer or his or her designee.

"Clean Water Act"

means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

"Construction discharger"

means any person owning or operating a construction project that is required to obtain coverage under the state general construction storm water permit.

"Construction project"

means any project that involves land disturbance, including, but not limited to, projects requiring coverage under the state general construction storm water permit.

"Discharger"

means any individual or private or public facility that releases, spills, leaks, pumps, flows, dumps, or disposes of any substance into the city's storm drain system.

"Hazardous materials"

means 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 (California Health and Safety Code Section 25117).

"Illegal discharge"

means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 13.68.060(B)(1), (2) and (3).

"Illicit connections"

is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including 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

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 city.

"Industrial discharger"

means any public or private activity/facility which is associated with any of the eleven categories of activities defined by 40 CFR, Section 122.26(b)(14), and required to obtain coverage under the state general industrial storm water permit.

"Land disturbance"

means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse.

"National pollutant discharge elimination system (NPDES) storm water discharge permits"

means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the state general construction storm water permit and the state general industrial storm water permit.

"Non-storm water discharge"

means any discharge to the storm drain system that is not composed entirely of storm water or any release of pollutants that potentially or actually discharges to the city's storm drain system.

"Pollutant"

means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; 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.

"Pollution"

means the human-made or human-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 (California Water Code Section 13050).

"Porter-Cologne Act"

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

"Premises"

means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Program leader"

means the building official or other person designated by the city manager to administer the city's storm water management program.

"State general construction storm water permit"

means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

"State general industrial storm water permit"

means NPDES Permit No. CAS000001, General Permit for Storm Water Discharges Associated with Industrial Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

"Storm drain system"

means publicly owned facilities operated by the city or by the Sonoma County Water Agency 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 human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

"Storm water"

means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

"Waters of the United States"

means surface watercourses and water bodies as defined at 40 CFR Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city of Cotati.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The program leader of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the program leader may be delegated in writing by the program leader to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)