Folsom Municipal Code Art. III Reduction of Pollutants in Stormwater

Any person engaged in activities which may result in nonstormwater or pollutants entering the stormwater conveyance system or receiving waters shall undertake all measures to eliminate or reduce the risk of nonstormwater and/or pollutant discharges to the maximum extent practicable. The following requirements shall apply:

A. Business Related Activities.

1. Stormwater Pollution Prevention Plan. The administrator may require any business in the city that is engaged in activities that may result in nonstormwater and/or pollutant discharges to develop and implement a stormwater pollution prevention plan in accordance with requirements established by the administrator.

2. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business requiring a hazardous materials release response and inventory plan under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illicit discharges, and requiring the discharge of pollutants to be reduced to the maximum extent practicable.

3. Coordination with Hazardous Waste Generator Contingency Plan and Emergency Procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illicit discharges, and requiring the discharge of pollutants to be reduced to the maximum extent practicable.

B. Development/Redevelopment.

1. The administrator may establish requirements to control the long-term, post construction discharge of run-off, nonstormwater discharges and/or pollutants from new development or significant redevelopment to comply with the municipal stormwater permit. The requirements for new development and significant redevelopment may include, but are not limited to, standards and specifications for site design and design, construction and maintenance of control measures. Control measures may include, but are not limited to, BMPs for runoff reduction/low impact development, pollutant source control or water quality treatment.

2. The administrator may require a property owner to establish, document and conduct a maintenance program, subject to city approval, for the private storm drain system or any BMP that they own related to said property, or to ensure continued compliance with city/manufacturer/industry performance standards for the BMP. This requirement shall apply to BMPs required by the city or voluntarily installed on the property. Such maintenance may be required to comply with the municipal stormwater permit or in cases where the administrator determines that maintenance is necessary to protect public safety, health, infrastructure or the environment.

3. Any person associated with construction activities in the city shall prevent nonstormwater and/or pollutants from entering the stormwater conveyance system or receiving waters and comply with all applicable federal, state and local laws, ordinances or regulations including but not limited to the general permit for stormwater discharges associated with construction activity issued by the State Water Resources Control Board and any city ordinance, regulation or standard related to development and grading.

C. Compliance with General and/or Individual Stormwater Permits. Each discharger subject to any general and/or individual stormwater permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board or the city of Folsom shall comply with the requirements of such permit.

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

Any person owning or occupying a premises that has knowledge of any discharge of pollutants, any nonstormwater discharge or threatened prohibited discharge, from the premises to the city stormwater conveyance system or receiving waters shall immediately take all reasonable action to contain and otherwise minimize any such discharge and notify the city within twenty-four hours of such prohibited discharge or threatened prohibited discharge.

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

Every person undertaking any activity or use of a premises which may cause or contribute to stormwater pollution or contamination, illicit discharges, or other nonstormwater discharges shall (1) comply with those best management practices or pollution control measures as may be established by the administrator and (2) properly operate and maintain those best management practices or control measures utilized on the premises to prevent or reduce, to the maximum extent practicable, stormwater pollution or contamination, illicit discharges, or other nonstormwater discharges as required by the administrator.

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

The administrator may require BMPs which shall be implemented by persons conducting activities associated with certain activities as designated by the administrator. Those activities for which BMPs may be required include, but are not limited to, new development and/or significant redevelopment, construction, maintenance, storage, material handling, food handling, waste handling, air pollution control, water and wastewater treatment, heating and cooling, manufacturing, assembly, equipment operations, vehicle washing, maintenance, loading, and fueling, and cleaning (including carpets, streets, sidewalks, buildings, etc.). BMPs may be required for individual activities, premises or businesses; or may be required generally for categories of activities or equipment.

Any discharger who relies on a structural BMP to achieve continued compliance with specified performance requirements, or with any provisions of this chapter, shall establish and conduct maintenance procedures to ensure the ongoing effectiveness of the BMP. Any such maintenance procedures may be subject to approval by the administrator. Maintenance procedures established pursuant to this subsection must be appropriate for the site conditions and design of the BMP and, as applicable, shall conform to manufacturer recommendations. Upon written notification from the administrator, the discharger shall keep documentation that demonstrates adequate maintenance of the structural BMP for a minimum of five years.

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