El Centro Municipal Code Div. 1 Generally

(a) This article implements the National Pollutant Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements (WDR's) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4's) as adopted by the state water resources control board order No. 2013-001-DWQ with NPDES No. CAS000004 as amended by the state water resources control board (SWRCB), referred to as the permit in this article.

(b) Nothing is this article permits the violation of the permit adopted by the state.

(c) The permit requires the city to adopt standards to implement the conditions of the permit. Standards will be adopted by resolution of the city council as a storm water management plan (SWMP). In some cases, standards are in other chapters of the City Code.

(d) In addition to the permit, the provisions of this article shall be interpreted in accordance with the definitions set forth in section 22-701.

(e) The provisions of this article shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the city. This article among other things provides for the regulation of storm water construction in areas within the city, the quantity and quality of discharged wastes, the degree of pretreatment required, the setting of storm water discharge fees to provide for equitable distribution of costs, the approval of plans for storm water construction, and the establishment of penalties for violation of this article.

(f) The purpose of this article is to restore and maintain the water quality of receiving waters and further ensure the health, safety and general welfare of the citizens of the City of El Centro by effectively prohibiting non-storm water discharges, including spills, dumping, and disposal of materials other than storm water, to the MS4; and by reducing pollutants in discharges from the MS4 to receiving waters to the maximum extent practicable, in a manner pursuant to and consistent with the Federal Water Pollution Control Act [Clean Water Act, 33 U.S.C. section 1251 et seq.] and the MS4 permit.

(Ord. No. 17-02, § 2, 2-21-17)

The definitions set in this section shall be used in the interpretation of this article, the making of charges for service, and all other operations of this article unless another meaning for the word is apparent from the context:

Administrative enforcement order means any of the administrative remedies provided in El Centro City Code chapter 18, article XI.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

Employee training program means a documented curriculum that a business may be required to implement pursuant to a storm water pollution prevention plan for the purpose of educating its employees on methods of reducing the discharge of pollutants to the MS4.

Enforcement agency means the City of El Centro or its authorized agents charged with ensuring compliance with this division.

Enforcement official means the city manager or his designee or any agent of the city authorized to enforce compliance with this division.

General storm water NPDES permit means any NPDES permit issued by the state water resources control board in accordance with 40 CFR 122.28.

Groundwater means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.

Illicit connection means any manmade physical connection to the MS4 that conveys an illicit discharge.

Illicit discharge includes all non-storm water discharges not otherwise authorized in the MS4 permit, except discharges allowed under a NPDES permit and discharges conditionally allowed under the MS4 permit, as described in this section. Illicit discharge includes discharges from organized car washes, mobile cleaning and pressure wash operations discharged to the MS4.

Incidental runoff is the small amount of runoff that is generated from lawn irrigation, or residential car washing in driveways as identified in the MS4 permit. Generally, incidental runoff remains in front of the property.

Jurisdictional runoff management program. The plan established and adopted by the city which provides a written description of the runoff management measures and programs, including minimum BMPs, which the city will implement to ensure compliance with this division. These documents shall be known collectively as the jurisdictional runoff management program. The jurisdictional runoff management program and any amendments shall be approved by resolution of the city council.

Maximum extent practicable (MEP) has the same meaning as defined in regional water quality control board Order No. 2013-0001-DWQ, NPDES No. CAS000004, Attachment I.

Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) owned or operated by the city; (ii) designated or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of the city sewer system as defined at 40 CFR 122.26.

National Pollutant Discharge Elimination System permit (NPDES permit) means a permit issued by the regional water quality control board or the state water resources control board pursuant to division 7 of the California Water Code to control discharges from point sources to receiving waters.

Non-storm water discharge means any discharge to or from the MS4 that is not entirely composed of storm water, including illicit discharges and discharges allowed under an NPDES permit.

Permit means the National Pollutant Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements (WDR's) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4's) as adopted by the state water resources control board Order No. 2013-001-DWQ with NPDES No. CAS000004 as amended by the state water resources control board (SWRCB). Also referred to as MS4 permit.

Pollutant means any agent introduced to the MS4 that may cause or contribute to the degradation of water quality such that public health, the environment, or beneficial uses of receiving waters may be affected. Pollutants include solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, industrial waste, any organic or inorganic contaminant, fecal coliform, fecal streptococcus, enterococcus, volatile organic surfactants, oil and grease, petroleum hydrocarbons, total organic lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides.

Premises means any building, lot, parcel, land or portion of land whether improved or unimproved.

Public nuisance has the same meaning as in El Centro City Code section 18-53.

Receiving waters means waters of the United States, as defined under the Clean Water Act. Receiving waters include surface bodies of water that serve as discharge points for the MS4, such as creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean.

Regional water quality control board (RWQCB) means the California Regional Water Quality Control Board, Colorado River Basin Region.

Responsible person has the same meaning as in El Centro City Code section 18-131(o).

Small municipal separate storm sewer system permit (MS4 permit) means regional water quality control board Order No. 2013-0001-DWQ, NPDES No. CAS000004, as it may be amended. Also referred to as permit.

Storm water means storm water runoff, surface runoff, and drainage resulting from precipitation events. Storm water pollution prevention plan means a document that describes the BMPs to be implemented by the owner or operator to eliminate or reduce to the MEP discharges of pollutants to the MS4.

(Ord. No. 17-02, § 2, 2-21-17)

Except as otherwise provided herein, the city manager shall administer, implement, and enforce the provisions of this article. The city manager may delegate any powers granted to or duties imposed upon the city manager.

(Ord. No. 17-02, § 2, 2-21-17)

(a) Discharges of waste from the MS4 that are prohibited by statewide water quality control plans or applicable regional water quality control plans (basin plans) are prohibited.

(b) Discharges of storm water from the MS4 to waters of the U.S. in a manner causing or threatening to cause a condition of pollution or nuisance as defined in Water Code § 13050 are prohibited.

(c) Discharges through the MS4 of material other than storm water to waters of the U.S. shall be effectively prohibited, except as allowed under section 22-704 or as otherwise authorized by a separate NPDES permit.

(d) Discharges as described in sections 23-6 and 23-7 of the City Code are considered excessive and shall be controlled at all times. Parties responsible for controlling runoff shall:

(1) Detect leaks (for example, from broken sprinkler heads) and correct the leaks within seventy-two (72) hours of learning of the leak;

(2) Properly design and aim sprinkler heads;

(3) Not irrigate during rain events; and

(4) Implement the storm water management plan approved for their facility. This applies to construction projects, industrial, and governmental facilities.

(5) Non-storm water runoff discharge that is not incidental is prohibited, unless otherwise specified in section 22-704 and section 22-705.

(Ord. No. 17-02, § 2, 2-21-17)

(a) The following non-storm water discharges are not prohibited provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges, are developed and implemented under the city's storm water program. This section does not obviate the need to obtain any other appropriate permits for such discharges.

(1) Individual residential car washing;

(2) Discharges from potable water sources;

(3) Air conditioning condensation;

(4) Incidental runoff from landscaped areas.

(b) Discharges or flows from fire-fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the U.S.

(Ord. No. 17-02, § 2, 2-21-17)

(a) The following non-storm water discharges are not prohibited provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges, are developed and implemented under the city's storm water program. These discharges require a permit from the city prior to discharge.

(1) Water line flushing;

(2) Uncontaminated pumped ground water;

(3) Discharges from potable water sources; and

(4) Dechlorinated swimming pool discharges;

(b) To obtain a permit, notify the compliance specialist at 760 337 4538, or complete the form located on the city website.

(Ord. No. 17-02, § 2, 2-21-17)

It is unlawful for any person to establish, use, or maintain any illicit connection to the city storm water system. This section expressly supersedes any city permit or earlier authorization for said discharge.

(Ord. No. 17-02, § 2, 2-21-17)

Any person engaged in activities which may result in discharges to the MS4 shall, to the MEP, undertake all measures to reduce the risk of non-storm water discharges and pollutant discharges. The following requirements shall apply:

(a) BMP implementation. Every person undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination, illicit discharges, or non-storm water discharges to the MS4 shall comply with BMP guidelines or pollution control requirements, as may be established by the enforcement official. BMPs shall be maintained routinely throughout the life of the activity. Such BMPs include the minimum BMPs set forth in the current jurisdictional runoff management program.

(b) Storm water pollution prevention plan. The enforcement official may require any business or operation that is engaged in activities which may result in pollutant discharges to the MS4 to develop and implement a storm water pollution prevention plan, which must include an employee training program and the applicable minimum BMPs from the current jurisdictional runoff management program.

(c) Coordination with hazardous materials release response plans and inventory. Any activity subject to the hazardous materials release response plan, chapter 6.95 of the California Health and Safety Code, shall include in that plan provisions for compliance with this division, including the prohibitions on non-storm water discharges and illicit discharges, and the requirement to reduce release of pollutants to the MS4 to the MEP.

(d) New developments and redevelopments. All new development and redevelopment activities shall comply with the development standards as adopted by the city council.

(e) Compliance with general storm water NPDES permits. Each discharger that is subject to any general storm water NPDES permit shall comply with all requirements of such permit. For those activities that discharge to the MS4 under a general storm water NPDES permit, the discharger shall submit their monitoring data and analytical evaluation/assessment to the city at the same time their reports are submitted to the regional water quality control board.

(Ord. No. 17-02, § 2, 2-21-17)

Any person owning or occupying a premises who has knowledge of any significant release of pollutants or non-storm water discharges from those premises that may enter the MS4 shall immediately take all reasonable action to contain the release and minimize any non-storm water discharge. Such person shall notify the enforcement agency within twenty-four (24) hours of the non-storm water discharge occurrence.

(Ord. No. 17-02, § 2, 2-21-17)

Any person owning or occupying premises through which the MS4 passes shall:

(a) Keep and maintain that part of the premises reasonably free of trash, debris and other obstacles which would pollute, contaminate, or retard the flow of water through the MS4; and

(b) Maintain existing structures within or adjacent to the MS4 so that those structures will not become a hazard to the use, function, or physical integrity of the MS4.

(Ord. No. 17-02, § 2, 2-21-17)

(a) The enforcement agency and enforcement official may exercise any enforcement powers as provided in El Centro City Code Chapter 18, articles X and XI, as may be necessary to effectively implement and enforce this division.

(b) In addition to the general enforcement powers provided in El Centro City Code chapter 18, the enforcement agency and enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to fulfill the purposes of this division:

(1) Sampling authority. During any inspection, the enforcement official may take samples deemed necessary in order to implement and enforce the provisions of this division. This may include the installation of sampling and metering devices on private property, or requiring the responsible person to supply samples.

(2) Administrative enforcement order. The enforcement official may issue an administrative enforcement order to any responsible person to cease and desist all activities that may cause or contribute to a discharge in violation of this division. This order may require the responsible person to: (i) comply with the applicable provisions and policies that govern this division; (ii) comply within the designated time frame for compliance; (iii) take appropriate remedial or preventative action to keep the violation from recurring.

(3) Monitoring and mitigation. The enforcement official may require reasonable monitoring of discharges from any premises to the MS4 and shall have authority to order the mitigation of circumstances that may result in illicit discharges.

(4) Storm water pollution prevention plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any business or operation to adopt and implement such a plan pursuant to section 22-707(b).

(5) Employee training program. The enforcement official shall have the authority to establish the elements of an employee training program, and to require any business or operation to adopt and implement such a plan as part of a storm water pollution prevention plan.

(6) Best management practices. The enforcement official may require additional BMPs to be implemented for any premises pursuant to section 22-707(a).

(c) Jurisdictional runoff management program. The city may establish and adopt a written description of the runoff management measures and programs, including minimum BMPs, which the city will implement to ensure compliance with this division. These documents shall be known collectively as the jurisdictional runoff management program. Amendments to the jurisdictional runoff management program shall be approved by the city council.

(Ord. No. 17-02, § 2, 2-21-17)

Violation of this article and the jurisdictional runoff management program is an infraction. Refer to El Centro City Code section 18-200 through section 18-317 for the procedure relating to enforcement.

(Ord. No. 17-02, § 2, 2-21-17)