Firebaugh Municipal Code § 29-1 Title, Purpose and General Provisions

[Ord. #93-8, S1]

This chapter shall be known as the "City of Firebaugh Storm Water Management and Discharge Control Law" and may be so cited.

[Ord. #93-8, S1]

The intent of this chapter is to protect and enhance the water quality of our water courses and water bodies in a manner pursuant to and consistent with the Clean Water Act and to ensure the future health, safety and general welfare of the City of Firebaugh and its citizens by:

a. Eliminating nonstorm water discharges to the municipal storm drains;

b. Controlling the discharge to municipal storm drains from spills, dumping or disposal of the materials other than storm water;

c. Reducing pollutants in storm water discharges to the maximum extent practicable.

[Ord. #93-8, S1]

a. Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or those regulations. Specifically, the definition of the following terms included in that statute and those regulations, as now applicable or as may hereafter be amended, are hereby incorporated by reference namely, "discharge," "illicit discharge," "pollutant," and "storm water." These terms presently are defined as follows:

1. DISCHARGE – shall mean (a) any addition of any pollutant to navigable waters from any point source or (b) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

2. ILLICIT DISCHARGE – shall mean any discharge to the City of Firebaugh storm drain system that is not composed entirely of storm water except discharges pursuant to an NPDES permit, discharges resulting from firefighting activities, and discharges further exempted at section 29-2.2 of this chapter.

3. POLLUTANT – shall mean dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

A pollutant shall also include any increment of increase in the total volume or rate of storm water runoff resulting from any activity or development occurring after the effective date of this chapter.

4. STORM WATER– shall mean storm water runoff, snow melt runoff, and surface runoff and drainage.

b. When used in this chapter, the following words shall have the meanings ascribed to them in this subsection:

1. DIRECTOR OF PUBLIC WORKS – shall mean the Director of Public Works of the City of Firebaugh.

2. AUTHORIZED ENFORCEMENT OFFICER OR OFFICERS– shall mean authorized enforcement officers shall be the director of public works and those individuals designated by the director of public works as authorized enforcement officers.

3. BEST MANAGEMENT PRACTICES ("BMPS") – shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks of sludge or waste disposal, or drainage from raw material storage.

4. CITY – shall mean the City of Firebaugh.

5. CITY STORM DRAIN SYSTEM – shall mean and include but is not limited to those facilities within the city by which storm water may be conveyed to the waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains.

6. NONSTORM WATER DISCHARGE – shall mean any discharge that is not entirely composed of storm water.

7. PREMISES – shall mean any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

[Ord. #93-8, S1]

This chapter shall be administered for the city by the director of public works. Where storm drain facilities and/or watercourses have been accepted for maintenance by the city or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency (through contract or agreement executed by the city and such agency) with respect to those watercourses for which they have accepted maintenance.

[Ord. #93-8, S1]

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any amendment, revision or reissuance thereof.

[Ord. #93-8, S1]

If any portion of this chapter is declared invalid, the remaining portions of this chapter are to be considered valid.

[Ord. #93-8, S1]

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then pursuant to this chapter the city may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in section 29-1.2 above.