Escalon Municipal Code Art. I General Provisions

This chapter provides the city with legal authority to implement the requirements of Section 402(p)(3) of the Clean Water Act, 33 U.S.C. Section 1342, and the Porter-Cologne Water Quality Control Act, Water Code Section 13000, et seq., as embodied in the city's current NPDES permit.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public and environment. This chapter seeks to meet that purpose through the following objectives:

A. Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation and stream bank erosion and maintain the integrity of drainage channels;

B. Minimize increases in non-point source pollution caused by stormwater runoff from development that would otherwise degrade local water quality;

C. Minimize the total annual volume of surface water runoff that flows from any specific site during and following development to not exceed the predevelopment hydrologic regime to the maximum extent practicable; and

D. Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

(Ord. 542, 2014)

A. For purposes of this chapter the following terms have the following meanings:

"Best management practices" or "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 the discharge of pollutants directly or indirectly to stormwater, receiving waters, or MS4s. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Examples of BMPs may include: public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets and proper sludge or waste-handling and disposal, among others.

"Building"

means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal or property and occupying more than 100 square feet of area.

"CASQA"

means the California Stormwater Quality Association.

"Channel"

means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

"City"

means the City of Escalon.

"Clean Water Act"

means the federal Water Pollution Control Act of 1972, codified at Chapter 26 of Title 33 of the United States Code.

"Construction activity"

means any soil disturbing activity that requires a building or grading permit from the city, including, but not limited to, clearing, grading, paving, stockpiling, and excavating.

"Construction General Permit"

means the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the State Board, NPDES No. CAS000002, as it currently exists or may be amended and reissued from time to time. The Construction General Permit covers, in part, construction or demolition activity that results in a land disturbance of equal to or greater than one acre. The Construction General Permit is available from the State Board and may be reviewed on the Internet at: http://www.swrcb.ca.gov/water\_issues/programs/stormwater/construction.shtml.

"Construction site"

means the premises where any project that involves any construction activity is located, including projects requiring coverage under the Construction General Permit.

"Development"

means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity or original purposes of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Director"

means the director of the City of Escalon's department of public works or an authorized designee.

"Discharge"

means the release, addition or deposit of any fluid, liquid, solid, flowing substance, or any other material or substance to the MS4.

"Erosion and sediment control plan"

means a plan that is designed to control erosion and sediment discharges from a construction site during construction activities.

"Hazardous material"

means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

"Hazardous waste"

means any hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which has been suspended under the Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.) by act of Congress.

"Illegal discharges"

means any discharge to the MS4 system that is prohibited under local, state or federal statutes, chapters, codes or regulations. This includes all nonstormwater discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ, National Pollution Discharge Elimination System (NPDES) General Permit No. CAS 000004, Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems.

"Illicit connections"

means any human-made conveyance that is connected to the MS4 system without a permit. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the MS4 system.

"Incidental runoff"

means unintended amounts (volume) of runoff from landscape irrigation, 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 or commercial facility"

has the meaning set forth for "industrial activity" in Sections 122.2(b)(14)(i) through (xi) of Title 40 of the Code of Federal Regulations.

"Larger common plan of development"

means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

"Material"

means any substance including but not limited to: 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.

"Municipal separate storm sewer system" or "MS4"

means streets, gutters, conduits, natural or artificial drains, channels and watercourses or other facilities that are owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting or disposing of stormwater.

"New development"

means land disturbing activities that fall under the city's planning or permitting authority; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision on an area that has not been previously developed.

"Non-point source pollution"

means pollution from any source other than from any discernible, confined and discrete conveyances and includes but is not limited to pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources.

"NPDES permit"

means a National Pollutant Discharge Elimination System (NPDES) permit administered by the State of California, through its various regional water quality control boards.

"Person"

means any natural person, corporation, association, partnership or other entity.

"Pollutant"

means those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. Section 1362(6)) or incorporated into California Water Code Section 13373. Examples of pollutants include but are not limited to the following:

a.

Commercial and industrial waste such as fuels, solvents, detergents, plastic pellets, hazardous material, fertilizers, pesticides, slag, ash and sludge;

b.

Metals such as cadmium, lead, zinc, copper, silver, nickel and chromium and nonmetals such as phosphorus and arsenic;

c.

Petroleum hydrocarbons such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease;

d.

Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

e.

Animal wastes such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities; and

f.

Substances having characteristics such as pH less than six or greater than nine or unusual coloration or turbidity or excessive levels of fecal coliform, fecal streptococcus or enterococcus.

"Porter-Cologne Water Quality Control Act"

means that act codified at Chapter 1 of Division 7 of the California Water Code.

"Premises"

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

"Receiving waters"

mean surface water that receives regulated and unregulated discharges from activities on land, including, but not limited to, creeks, streams, rivers, lakes, estuaries, groundwater formations, or other bodies of water into which surface water, treated waste, or untreated waste are discharged.

"Redevelopment"

means land disturbing activities that result in the creation, addition or replacement of exterior impervious surface area on a site on which some past development has occurred and that fall under the city's planning or permitting authority. Redevelopment 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, noncontiguous sections of roadway.

"Regional Board"

means the Central Valley Regional Water Quality Control Board.

"Runoff"

means water and substances carried in it that drains from the surface of an area of land, a building or structure.

"SSJID shared facilities"

means facilities owned by the South San Joaquin Irrigation District (SSJID) that are also used by the City of Escalon for storm drainage.

"Spill"

means to cause, allow or permit the flowing, running or falling, especially in an accidental manner, of any liquid, semi-liquid or solid substance or material.

"State Board"

means the State Water Resources Control Board.

"Stormwater"

means surface runoff and drainage associated with storm events, which is free of pollutants.

"Stormwater management"

means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes and/or peak flow discharge rates.

"Stormwater runoff"

means water flow on the surface of the ground as the result of precipitation.

"Stormwater pollution prevention plan" or "SWPPP"

means a document which describes the best management practices to be implemented by the owner or operator of a business or construction site to eliminate illicit discharges and/or reduce to the maximum extent practicable pollutant discharges to the MS4.

"Structural control measures"

means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and runoff.

"Urban runoff"

means any flow of water originating from urban areas including but not limited to rain, irrigation, wash water and air conditioning condensate.

"Watercourse"

means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

(Ord. 542, 2014)