Elk Grove Municipal Code Art. I General Provisions

A. The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System requirements to stormwater and urban runoff discharge into the City stormwater conveyance system.

B. Stormwater flows from individual properties to the City stormwater conveyance system and then ultimately to the waters of the United States.

C. The City is a co-permittee under the Waste Discharge Requirements for the County of Sacramento, cities of Sacramento, Folsom, Citrus Heights, Elk Grove, Rancho Cordova, and Galt Area-Wide Storm Water Discharges from Municipal Separate Storm Sewer Systems, which also serves as a National Pollutant Discharge Elimination System Permit under the Federal Clean Water Act (NPDES No. CA0082597). As a co-permittee, the City is required to possess the necessary legal authority, and to implement appropriate procedures, to regulate the entry of pollutants and nonstormwater discharges into the City stormwater conveyance system.

D. The municipal stormwater permit requires the City effectively to prohibit nonstormwater discharges into the City stormwater conveyance system except as otherwise permitted by Federal law.

E. The City Council finds in this regard that the provisions of this chapter are necessary to provide the City with the legal authority necessary to implement and otherwise comply with the requirements of its municipal stormwater permit.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution which authorizes the City to exercise its police power to protect and promote the public health, safety and general welfare. While stormwater runoff is one (1) step in the natural cycle of water, human activities including, but not limited to, agriculture, construction, manufacturing and the operation of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments. Such discharges may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States. The purpose of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands within the unincorporated area of the City in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and Municipal Discharge Permit No. CA0082597 by controlling the contribution of urban pollutants to stormwater runoff which enters the City stormwater conveyance system.

B. It is the intent of the City Council in adopting this chapter to provide the City with the legal authority to accomplish the following goals:

1. To reduce the discharge of pollutants in stormwater to the maximum extent practicable;

2. To effectively prohibit nonstormwater discharges into the City stormwater conveyance system;

3. To comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and NPDES Municipal Storm Water Discharge Permit No. CA0082597 as they apply to the discharge of pollutants into and from the City stormwater conveyance system;

4. To fully implement the comprehensive stormwater management program as approved by the Regional Board;

5. To protect the physical integrity and function of the City stormwater conveyance system from the effects of pollutants and materials other than stormwater;

6. To prevent the contamination of groundwater as a result of pollution migration from the City stormwater conveyance system;

7. To promote cost-effective management and beneficial use of sediments in the City stormwater conveyance system;

8. To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the City stormwater conveyance system;

9. To provide for the recovery of regulatory costs incurred by the City in the implementation of its stormwater drainage program, including, but not limited to, enforcement activities, inspections, investigations, sampling and monitoring; and

10. To establish appropriate enforcement procedures and penalties for violations of the provisions of this chapter.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the United States Environmental Protection Agency, as amended, and which are not specifically defined in this chapter shall, when used in this chapter, have the same meaning as set forth in said Act or regulation.

As used in this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

A.

“Administrator”

means the Public Works Director of the Public Works Department of the City of Elk Grove, or his or her designees.

B.

“Best management practices (BMPs)”

means schedules of activities, prohibition 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 waters of the United States. BMPs shall also be defined to include structural controls, treatment controls, training requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

C.

“County”

means the County of Sacramento.

D.

“City stormwater conveyance system”

means those public and natural facilities within the City which are owned, operated, maintained or controlled by the City by which stormwater may be conveyed to waters of the United States, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains. The City stormwater conveyance system includes natural creeks and small streams which are also defined as receiving waters by the municipal stormwater permit, but does not include the Sacramento River, American River, Cosumnes River, Mokelumne River, or navigable waterways of the Delta.

E.

“Discharge”

means the release or placement of any material into the City stormwater conveyance system, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

F.

“Illicit connection”

means any physical connection to the City stormwater conveyance system which is not expressly authorized by the City.

G.

“Implementing agency”

means the agency or department designated by the Administrator to enforce the provisions of this chapter with respect to a particular site, facility or industry category.

H.

“Industry or industrial activity”

means any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation.

I.

“Material”

means any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

J.

“Municipal stormwater permit”

means NPDES Permit No. CA0082597, including any amendments thereto or successor permit, issued by the Regional Board to the County and the cities of Folsom, Galt, Sacramento, Citrus Heights, Elk Grove and Rancho Cordova.

K.

“National Pollution Discharge Elimination System permit” or “NPDES permit”

means a permit issued by either the Regional Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code to control discharges from point sources to waters of the United States.

L.

“Nonstormwater discharge”

means any discharge to the City stormwater conveyance system or directly to the Sacramento River, the Cosumnes River, the Mokelumne River, the navigable waters of the Delta, or the American River which is not composed exclusively of stormwater.

M.

“Person”

means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

N.

“Pollutant”

means any contaminant or other substance which, as determined by the Administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to cause exceedance of receiving water limitations defined in Section C.1. of the municipal stormwater permit, or any successor section, or otherwise cause a violation of the municipal stormwater permit. “Pollutant” may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settlable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in Section 1362(6) of the Federal Clean Water Act.

O.

“Potential user”

means any person who by the nature of the enterprise, activity or industry in which such person is engaged, or by the use, possession or ownership of specified types of equipment, is determined by the Administrator to generate or have the capacity to generate wastes or wastewater which have significant potential to be discharged to the City stormwater conveyance system.

P.

“Premises”

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

Q.

“Prohibited discharge”

means any nonstormwater discharge to the City stormwater conveyance system or directly to the Sacramento River, the Cosumnes River, the Mokelumne River, navigable waters of the Delta, or the American River, which is not otherwise specifically authorized by this chapter, the Regional Board, State or Federal law, or an NPDES permit.

R.

“Receiving water limitations”

means those restrictions defined and listed in Section C.1. of the municipal stormwater permit or any successor section.

S.

“Receiving waters”

means surface bodies of water, as defined by the municipal stormwater permit, including, but not limited to, creeks and rivers, which serve as discharge points for the City stormwater conveyance system.

T.

“Regional board”

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

U.

“State general construction activity permit”

shall mean the State Water Resources Control Board’s Water Quality Order No. 99-08-DWQ, National Pollution Discharge Elimination System (NPDES) General Permit No. CAS000002, Waste Discharge Requirements (WDRS) for Discharges of Storm Water Runoff Associated with Construction Activity, and any successor documents.

V.

“State general industrial activity permit”

shall mean the State Water Resources Control Board’s Water Quality Order No. 97-03-DWQ, National Pollution Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any successor document.

W.

“Stormwater”

means surface runoff and drainage resulting from storm events and snow melt.

X.

“Subject activity”

means any industrial activity which is determined by the Administrator to discharge or have the potential to discharge pollutants into stormwater or nonstormwater in quantities or concentrations which may cause exceedance of receiving water limitations, or for which a requirement has been imposed by the State or Federal government on the City to conduct stormwater regulatory activities focused on the activity.

Y.

“Threatened prohibited discharge”

means any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the Administrator to be a condition which results in a substantial likelihood of a future prohibited discharge.

Z.

“User”

means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the City stormwater conveyance system.

AA.

“Waters of the United States”

has the same meaning as set forth in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provision.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The provisions of this chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0082597 and any amendment, revision or reissuance thereof. In the event of a conflict between this chapter and any Federal or State law, regulation, order or permit, the requirement which establishes the higher standard for public health and safety shall govern.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The provisions of this chapter shall be applicable to all users and potential users located within the City and all users that discharge either directly or indirectly into the City stormwater conveyance system. This chapter shall not be applicable to persons located outside the boundaries of the City if their stormwater or nonstormwater discharge enters a stormwater conveyance facility owned or operated by another public agency which is subject to a valid NPDES permit for discharges from a municipal separate storm sewer system prior to entering the City stormwater conveyance system.

This chapter shall not apply to facilities subject to and in compliance with the State general construction activity stormwater permit and/or the City of Elk Grove erosion and sediment control ordinance. Nonstormwater discharges at construction sites between one (1) and five (5) acres in size, and which the Administrator determines are in accordance with the nonstormwater discharge standards of the State general permit for construction activity are considered to be in compliance with this chapter. This chapter shall not apply to facilities operated by the State of California or by agencies of the Federal government.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this code.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, State or Federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter would subsequently be declared to be invalid or unconstitutional.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Except as otherwise provided herein, the Administrator shall be responsible for the administration, implementation and enforcement of the provisions of this chapter. Any powers granted to or duties imposed upon the Administrator may be delegated by the Administrator to other City employees or, upon the approval of the City Council, to employees of other public agencies.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the City or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)