Davis Municipal Code Art. 30.01 Purpose, Definitions, and General Provisions

The purpose and intent of this chapter is to promote 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 U.S.C. Sections 1251 et seq.). The City of Davis shall pursue this by reducing pollutants in stormwater discharges consistent with the requirements of National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 and by prohibiting nonstormwater discharges to the storm drain system except as may be necessary to achieve the purposes and intent of this chapter.

(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)

For the purposes of this chapter, the following words, phrases, and acronyms shall have the following meanings:

Best management practices or BMPs

means any program, technology, process, siting criteria, operation methods or measures, or engineered systems, which when implemented prevents, controls, removes, or reduces discharge of pollutants to the waters of the state and of the United States. Such practices may include, but need not be limited to: schedules of activities, prohibitions of practices, maintenance procedures, and other management practices. BMPs also include treatment requirements, operating procedures, and practices to control site run-on and run-off, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

City

means the City of Davis or the City Council of the City of Davis. Any action that may be taken on behalf of the city may be undertaken by the director or the city manager or designee, unless such action is reserved to the city council.

Construction activities

means activities associated with construction, including, but not necessarily limited to, clearing and grubbing, grading, excavation, and demolition, subject to a NPDES General Permit for Stormwater Discharges Associated with Construction Activity (NPDES General Permit No. CAS000002).

Developer

means a person, group or organization that undertakes action(s) to improve a lot, tract, or parcel of land for the purpose of transfer of ownership of the property or for the purpose of residential, commercial, industrial or other nonresidential development.

Development

means any land disturbing activity that falls under the city's planning or permitting authority; including any construction activity, construction or installation of a building or structure, creation of impervious surfaces, or land subdivision. Development does not include: trenching, excavation and resurfacing associated with linear underground/overhead projects; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway.

Discharge

means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration to groundwater), dumping, or disposal of any gaseous, liquid, semi-solid, or solid substance to the storm drain system.

Director

means the city's public works director or duly appointed designee.

Discharger

means any person, entity, group or organization that owns and/or is responsible for the property from which a discharge occurs.

Hazardous material

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.

Illicit connection

means any conveyance whether on the surface or subsurface through which the discharge of any pollutant to the storm drain and/or to the corresponding conveyance system occurs or may occur.

Illicit discharge

means any discharge to the storm drain that is not composed entirely of stormwater, except discharges pursuant to a city or NPDES permit and discharges that are exempt in accordance with Section 30.02.020 of this chapter or under any applicable order of the Regional Water Quality Control Board.

Incidental runoff

means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

Industrial activities

means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, which is subject to a NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (NPDES General Permit No. CAS000001).

MEP or the maximum extent practicable

means a standard for stormwater discharge that municipalities must meet pursuant to the Clean Water Act Section 402(p)(3)(B)(iii) as amended over time. MEP primarily emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as backup (additional line of defense). The MEP approach is an ever-evolving, flexible and advancing concept, which takes into account technical and economic feasibility. As knowledge about controlling runoff continues to evolve, so does the MEP standard.

Non-stormwater

means any discharge to the storm drain that is not composed entirely of stormwater.

Nonresidential development

means property or that portion of a property that is developed for any purpose other than residential development, including institutional, commercial, industrial, office, and mixed-use tracts of land.

Notice of intent or NOI

means a formal notice of intent to commence activities, which is submitted to the State Water Resources Control Board by the owner/operators of construction sites and industrial facilities. The NOI provides information regarding the permittee, location of discharge, and type of discharge. The permittee certifies that it will comply with conditions of the construction and industrial NPDES general permits.

Notice of termination or NOT

means a formal notice of intent to terminate activities, which is submitted to the State Water Resources Control Board by the owner/operators of construction sites and industrial facilities. The NOT provides information on the permittee and certifies that the permittee is no longer subject to the conditions of the construction and industrial NPDES general permits.

NPDES or National Pollutant Discharge Elimination System

means a permit issued by the state under authority delegated to it by the Clean Water Act (33 U.S.C. Section 1342(b)), that authorizes the discharge of pollutants to waters of the state or of the United States, whether the permit is applicable on an individual, entity, group, or general area-wide basis.

Pollutant

means a substance introduced into the environment that adversely affects the waters of the state or of the United States.

Private land

means any parcel of land under private ownership.

Regional Water Quality Control Board

means the California Regional Water Quality Control Board for the Central Valley Region.

Residential development

means a subdivision, or that portion of a subdivision, containing only single-family or multifamily dwellings and appurtenant streets and greenbelts.

Source control measure

means any schedule of activities, structural devices, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

Stabilized

means land or areas that have stormwater BMP control measures in place which render discharges from the land or area free from pollutants.

Storm drain

means a drainage inlet, corresponding conveyance facilities and systems that carry stormwaters directly to waters of the state or of the United States, that are owned, operated or controlled by the city.

Stormwater

means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation or snow melt runoff.

Stormwater control measures

means permanent post-construction site design control measures, source control measures, and treatment control measures as defined in the state's Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit, as amended over time.

Stormwater maintenance agreement

means an agreement between the city and a property owner (and successors in interest) that contains a signed statement by the property owner accepting responsibility for inspection and maintenance of all required stormwater control measures, as outlined in the stormwater maintenance plan, until that responsibility is legally transferred.

Stormwater maintenance plan

means a plan to maintain all designed and completed treatment control measures. The plan includes items such as a description and site map showing the locations of treatment control measures in relation to the site improvements and storm drain facilities; maintenance and cleaning activities and schedule; equipment and resource requirements necessary to operate and maintain the facility; and the responsible parties for operation and maintenance.

Stormwater runoff

means stormwater that originates on and flows from a property.

Structural control measure

means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., canopy, structural enclosure). A structural control measure may include both treatment control and source control measures.

Treatment control measure

means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

Wastewater

means spent or used water that contains waste products, discharged from homes, commercial establishments, farms, or industries.

Watercourse

means a channel or depression in which a flow of water occurs, continuously or intermittently.

Waters of the state

means any surface water or groundwater, including saline waters, within the boundaries of the State of California.

Waters of the United States

is defined in accordance with the Code of Federal Regulations, 40 CFR 230.3(s), as amended over time.

(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)

The director or his or her designee shall administer, implement, and enforce the provisions of this chapter.

(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the current and future versions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins as they apply to the city.

(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)