Folsom 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. The State Water Resources Control Board (“state water board”) is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13160 of the California Water Code (Water Code). The state water board is authorized by the United States Environmental Protection Agency to administer the NPDES program within the state of California. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) provides authority for the state NPDES program, including provisions to issue NPDES permits and waste discharge requirements to regulate discharges of stormwater to waters of the state. The state water board, in turn, delegates authority to the Central Valley Regional Water Quality Control Board (regional water board) for issuance and enforcement of municipal stormwater permits in Sacramento County.

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

D. The city is a co-permittee under the “Waste Discharge Requirements for County of Sacramento, Cities of Sacramento, Folsom, Elk Grove, Citrus Heights, Rancho Cordova and Galt Area-Wide Storm Water Discharges From Municipal Separate Storm Sewer Systems Sacramento County,” which also serves as a National Pollutant Discharge Elimination System permit under the Federal Clean Water Act (NPDES No. CAS082597 municipal stormwater permit). 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 and from the city stormwater conveyance system.

E. The city’s municipal stormwater permit requires the city effectively to prohibit nonstormwater discharges from the incorporated area of the city into the city stormwater conveyance system except as otherwise permitted by federal law or the municipal stormwater permit.

F. Nonstormwater discharges and stormwater pollutants that are discharged directly to waters of the state without passing through the city stormwater conveyance system are not subject to the requirements of the municipal stormwater permit. However, such discharges have the potential to degrade water quality and impact the quality of life for the people of the city. Regulation of such discharges by the city provides benefits to its people and protects the local environment.

G. 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. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012; Ord. 922 § 1 (part), 2000)

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 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 the city stormwater conveyance system, 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 incorporated area of the city in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and municipal stormwater permit No. CAS082597 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 (MEP);

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 stormwater permit No. CAS082597 as they apply to the discharge of pollutants into and from the city stormwater conveyance system;

4. To fully implement the city’s comprehensive stormwater management program as described in the current edition of the stormwater quality improvement plan approved by the regional water 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 the comprehensive stormwater management 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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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

“Administrator”

means the public works director and his or her designees.

“Best management practices” or “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 pollutant discharges directly or indirectly to the city stormwater conveyance system or receiving waters. BMPs shall also be defined to include structural controls, treatment controls, source 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.

“Business”

means any commercial/industrial/retail business, enterprise, trade, service, calling, vocation, profession, or any means of livelihood whether or not carried on for gain or profit.

“City council”

means the city council of the city of Folsom.

“City stormwater conveyance system” or “city storm drain system”

means those public and manmade facilities within the incorporated area of 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, artificial channels, aqueducts, canyons, gullies, curbs, gutters, ditches, sumps, pumping stations, drain inlets and storm drains.

“County”

means the county of Sacramento.

“Discharge”

means the release or placement of any pollutant into the city stormwater conveyance system or receiving waters.

“Discharger”

means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the city storm drain system or receiving waters.

“Illicit connection”

means any physical connection to the city stormwater conveyance system or receiving waters which is not expressly authorized by the city.

“Illicit discharge”

means any discharge to the storm drain system or receiving waters that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all nonstormwater discharges except discharges pursuant to an NPDES permit, or discharges that are authorized by the regional water board.

“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.

“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, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a nonprofit corporation as defined by the state of California.

“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.

“Municipal stormwater permit”

means NPDES Permit No. CAS082597, including any amendments thereto or successor permits, issued by the regional water board to the city, the selected incorporated cities within the boundaries of the county, and the county of Sacramento.

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

means a permit issued by either the regional water board or the state water 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.

“New development”

means activities to create urban and suburban forms on previously undeveloped land, including, but not limited to, land disturbing activities; structural development (including construction or installation of a building or structure); creation of impervious surfaces; and land subdivision.

“Nonstormwater discharge”

means any discharge to the city stormwater conveyance system or directly to the receiving waters that is not composed exclusively of stormwater.

“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.

“Pollutant”

means any contaminant or other substance which, if present in sufficient quantities or concentrations, can cause exceedance of receiving water limitations defined in the municipal stormwater permit, or any successor permit, 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 settleable 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.

“Potential discharger”

means any person who, by nature of the enterprise, activity or business in which such person is engaged, or by the use, possession or ownership of specified types of building, facility, equipment or materials, is determined by the administrator to generate or have the capacity to generate pollutants which have significant potential to be discharged to the city stormwater conveyance system or receiving waters.

“Premises”

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

“Private storm drain system”

means those manmade facilities within the city that are owned, operated, maintained or controlled by any person other than the city, by which stormwater may be conveyed to the city storm drain system or to receiving waters, including, but not limited to, any roads with drainage systems, streets, catch basins, water quality basins, detention basins, constructed wetlands, artificial channels, aqueducts, curbs, gutters, ditches, sumps, pumping stations, storm drain inlets, and storm drains.

“Prohibited discharge”

means any nonstormwater discharge to the city stormwater conveyance system or directly to the receiving waters, which is not otherwise specifically authorized by this chapter, the regional water board, state or federal law, or an NPDES permit.

“Receiving water limitations”

means those restrictions and prohibitions defined and listed in the municipal stormwater permit or any successor permit.

“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.

“Regional water board”

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

“Sacramento Stormwater Quality Partnership”

is the name referring to the group of permittees covered by the municipal stormwater permit, including the county of Sacramento and the cities of Citrus Heights, Elk Grove, Folsom, Galt, Rancho Cordova and Sacramento.

“Significant industrial activity”

means any industrial activity, individual industrial facility, or class of industrial facilities which is identified as a priority industry in the municipal stormwater permit. “Significant industrial activity” can also mean any industrial activity, individual industrial facility, or class of industrial facilities determined by the administrator to discharge (or have the potential to discharge) pollutants into stormwater, or nonstormwater in discharges, in quantities or concentrations which may contribute to or cause an exceedance of receiving water limitations.

“Significant redevelopment”

means the creation, addition, or replacement of five thousand square feet or more of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint, addition or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

“State Construction General Permit”

means the State Water Resources Control Board’s National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ, NPDES Permit No. CAS000002 and any successor documents.

“State Industrial General Permit”

means the State Water Resources Control Board’s “Water Quality Order No. 97-03-DWQ, National Pollutant 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 documents.

“Stormwater”

means surface runoff and drainage resulting from storm events and snowmelt.

“Stormwater Quality Improvement Plan (SQIP)”

is a comprehensive description of the permittees’ program, including various program elements and associated activities, collectively developed by the permittees in accordance with the municipal stormwater permit. Implementation of the SQIP is intended to facilitate compliance with the municipal stormwater permit.

“Threatened prohibited discharge”

means any condition or activity which does not currently result in a prohibited discharge but has a substantial likelihood of resulting in a prohibited discharge.

“Waters of the state”

means any surface water or groundwater, including saline waters, within the boundaries of the state.

“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.

B. Any term(s) defined in the Federal Clean Water Act, as amended, in the NPDES regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and/or in the municipal stormwater permit that are not specifically defined in subsection A of this section shall, when used in this chapter, have the same meaning as set forth in such act or regulations.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. CA 0082597 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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

The provisions of this chapter shall be applicable to all dischargers and potential dischargers located within the incorporated area of the city and all dischargers or potential dischargers that discharge either directly or indirectly into the city stormwater conveyance system or receiving waters.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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 employees or, upon the approval of the city council, to employees of other public agencies.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

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. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)