Elk Grove Municipal Code Art. III Reduction of Pollutants in Stormwater

A. The Administrator may designate as subject activities any activities, including industrial activities, which are identified as potential sources of discharges of pollutants to the City stormwater conveyance system, or for which a requirement has been imposed by the State or Federal government for the City to conduct stormwater regulatory activities focused on the subject activity in question.

B. Any person whom the Administrator determines is conducting any subject activity shall prevent or reduce the discharge of pollutants from those activities, to the maximum extent practicable, through the implementation of BMPs in accordance with EGMC Section 15.12.220.

C. The Administrator shall conduct a notification and comment process for designations or determinations made pursuant to subsection (A) of this section.

D. Any determination made by the Administrator pursuant to subsection (B) of this section shall be subject to the provisions for the adoption of regulations set forth in EGMC Section 15.12.230.

(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. Any person owning or occupying premises, or conducting any activity, that has knowledge of any nonstormwater discharge or threatened prohibited discharge from the premises or activity to the City stormwater conveyance system shall immediately take all reasonable action to contain and otherwise minimize any such discharge.

B. The Administrator may designate types of activities where the owner or operator of the activity shall be required to notify the Administrator or the implementing agency within twenty-four (24) hours of the discovery of an actual discharge into the City stormwater conveyance system.

C. For any discharge subject to the reporting requirements of Sections 13271 and 13272 of the State of California Water Code, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(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. The Administrator may adopt regulations for specified subject activities. Such regulations shall describe best management practices (“BMPs”) which, if implemented by persons conducting such specified activities, shall satisfy the requirements of EGMC Section 15.12.200.

B. Persons conducting subject activities may implement BMPs not contained in the adopted regulations to satisfy the requirement of EGMC Section 15.12.200(B) through either of the following mechanisms:

1. By submitting and receiving prior written approval for the alternative BMPs from the Administrator if he or she determines that the proposed alternative BMPs provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section; or

2. By implementing alternative BMPs which provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section.

C. Any alternative BMPs implemented pursuant to subsection (B)(2) of this section shall be subject to review and approval by the Administrator as part of the inspection procedures set forth in Article IV of this chapter. If a person conducting subject activities implements alternative BMPs without the prior written approval of the Administrator and subsequently receives written notice from the Administrator that the alternative BMPs do not provide the required equivalent level of protection from stormwater discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of the requirements of EGMC Section 15.12.200(B) as of the date of delivery of such notice unless it is ultimately determined pursuant to an administrative appeal pursuant to EGMC Section 15.12.440 that the alternative BMPs provide the required equivalent level of protection from stormwater discharges.

D. Any facility that is in compliance with its State or Federal NPDES permit for stormwater discharges for that facility shall be deemed to have met the requirements of EGMC Section 15.12.200(B).

E. The Administrator shall develop regulations for determining when BMPs have been successfully implemented.

(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. The Administrator shall have the authority to promulgate regulations for the implementation of this chapter. Prior to the Administrator’s initiation of any proposed regulations, the Administrator shall submit a public input plan to the City Council for its approval. The public input plan approved by the City Council shall be generally applicable to the promulgation of regulations by the Administrator.

B. All regulations promulgated by the Administrator shall be consistent with the provisions of this chapter. Any such regulations, or amendments thereof, shall be filed with the City Clerk of the City Council. The City Clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within ten (10) days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the Administrator shall make a reasonable effort to identify, notify, and provide copies to any activities which are specifically designated by the Administrator as subject to a rule or regulation. However, neither the failure of the Administrator to provide such notice nor the failure to receive individual notice shall exempt an activity from that rule or regulation. No regulations promulgated by the Administrator, or amendments thereof, shall be enforced or become effective until thirty (30) days following the date on which notification of the regulations is published.

C. Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal pursuant to EGMC Chapter 1.11.

D. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(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 Administrator may require a property owner to establish, document, and conduct a maintenance program, subject to approval, for any BMP. This requirement may apply to BMPs required by the City or BMPs that were voluntarily installed pursuant to EGMC Section 15.12.220. Such a maintenance program may be required when the Administrator determines that proper maintenance is necessary to protect public safety, health, infrastructure, or the environment, or to otherwise meet the purposes of this chapter. Maintenance requirements established pursuant to this section must be appropriate for the site conditions and design of BMPs.

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