Fresno Municipal Code Art. 7 Urban Storm Water Quality Management and Discharge Control

This article shall be known as the "Urban Storm Water Quality Management and Discharge Control Ordinance of the City of Fresno and may be so cited. (Added Ord. 97-16, § 1, eff. 5-9-97).

The purpose and intent of this article is to ensure the health, safety, and general welfare of citizens, and protect the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §§ 1251 et sequentes) by reducing pollutants in urban storm water discharges to the maximum extent practicable and by effectively prohibiting non-storm water discharges to the storm drain system. (Added Ord. 97-16, § 1, eff. 5-9-97).

The terms used in this article shall have the following meanings:

(a) "Agricultural Lands" is defined as a parcel of land under a single ownership and of five or more acres used primarily for agricultural pursuits consisting of raising tree, vine, field, forage, or other plant life, crops of all kinds, or the maintenance, breeding, and raising of animals.

(b) "Authorized Enforcement Agent" is the City Manager of the City of Fresno and any individual designated in writing by the City Manager as an Authorized Enforcement Agent.

(c) "Best Management Practices" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include but are not limited to: Treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; and the prohibition of specific activities, practices, and procedures.

(d) "Clean Water Act" is the Federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96-483, and 97-117 (33 U.S.C. § 1251 et seq.), and any regulations adopted pursuant thereto.

(e) "District" means the Fresno Metropolitan Flood Control District.

(f) "Hazardous Materials" is defined as any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(g) "Illicit Connections" are defined as either of the following:

(1) Any drain, conveyance, or condition of property whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including but not limited to any conveyances which allow sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the District.

(h) "Illicit Discharge" is defined as any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 6-709 of this article.

(i) "Industrial National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" are general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations as engaging in industrial activity pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

(j) "Municipal NPDES Storm Water Discharge Permit" is the area-wide NPDES storm water discharge permit issued pursuant to the Clean Water Act by the Regional Board to the District, City of Fresno, City of Clovis, County of Fresno, Caltrans, and California State University Fresno to regulate discharges from the municipal separate storm drain system to waters of the U.S. (Order No. 94-244, NPDES Permit No. CA0083500, and any amendments, revisions, or reissuance thereof.)

(k) "Non-Storm Water Discharge" is any discharge to the storm drain system that is not composed entirely of storm water.

(l) "Permit Area" is the area subject to the terms and conditions of the municipal NPDES storm water discharge permit; said area being the planned urban local drainage areas specified within the District's adopted Storm Drainage and Flood Control Master Plan, as it may be amended from time to time.

(m) "Person" shall be taken to mean, for purposes of this article, any person, firm, association, club, organization, corporation, partnership, business trust, company, government agency, or other entity which is recognized by law as the subject of rights or duties.

(n) "Pollutant" is defined as anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous solid wastes and yard wastes; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

(o) "Pollution" is defined as the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

(p) "Porter-Cologne Act" means the California Porter-Cologne Water Quality Control Act, and as it may be amended from time to time (California Water Code §§ 13000 et sequentes).

(q) "Premises" shall be taken to mean any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

(r) "Storm Drain System" shall mean publicly-owned facilities operated by the District or City of Fresno and privately-owned facilities, by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and man-made or altered drainage channels, reservoirs, and other drainage structures which are within the Permit Area and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

(s) "Storm Water" is any surface flow, runoff, and drainage associated with rain storm events and snow melt.

(t) "Water of the United States (U.S.)" means surface watercourses and water bodies as defined at 40 CFR § 122.2. (Added Ord. 97-16, § 1, eff. 5-9-97).

This article shall apply to all storm water generated on any developed and undeveloped urban lands lying within the City of Fresno and within the Permit Area including any amendments or revisions thereto. This article shall not apply to storm water generated on agricultural lands. (Added Ord. 97-16, § 1, eff. 5-9-97).

The City Manager shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City of Fresno. (Added Ord. 97-16, § 1, eff. 5-9-97).

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article. (Added Ord. 97-16, § 1, eff. 5-9-97).

This article shall be construed to assure consistency with the requirements of the Federal Clean Water Act and California Porter-Cologne Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES permit No. CA0083500 and any amendments, revisions, or reissuance thereof. (Added Ord. 97-16, § 1, eff. 5-9-97).

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. caused by said person. This article shall not create liability on the part of the City of Fresno, or any agent or employee thereof, for any damages, claims, or liabilities that result from any discharger's reliance on this article or any administrative decision lawfully made hereunder. (Added Ord. 97-16, § 1, eff. 5-9-97).

The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described below.

(a) Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that potential pollutants are not present, and therefore they shall not be considered illicit discharges subject to this prohibition, unless specifically determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this ordinance; water line flushing; uncontaminated pumped ground water and other discharges from potable water sources; landscape irrigation and lawn watering; irrigation water, storm water runoff, and return flows from agricultural lands; diverted stream flows; rising ground water; uncontaminated ground water infiltration to the storm drain system; foundation and footing drainage; water from crawl space pumps; air conditioning condensate; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; de-chlorinated swimming pool discharge; municipal and construction-related street was waters; and waters from fire fighting.

(b) The prohibition shall not apply to any non-storm water discharge permitted or approved under an NPDES permit, waiver, or waste discharge order issued to the dischrrger and administered by the State of California under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and provided that written approval has been granted by the District for any discharge to the storm drain system.

(c) With written concurrence of the Regional Board, the District may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system or waters of the U.S. (Added Ord. 97-16, § 1, eff. 5-9-97).

(a) The construction, use, maintenance or continued existence, beyond the commencement of this ordinance, of illicit connections to the storm drain system are prohibited.

(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Added Ord. 97-16, § 1, eff. 5-9-97).

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets immediately prior to and for the purposes of collection are exempted from this prohibition.

Any discharge that could result in or contribute to a violation of the municipal NPDES storm water discharge permit or any amendment or revision thereto or reissuance thereof, is a violation of this article and is prohibited. Person(s) causing or responsible for the discharge are liable therefor, and shall defend, indemnify, and hold harmless the City of Fresno in any administrative or judicial enforcement action relating to such discharge. (Added Ord. 97-16, § 1, eff. 5-9-97).

Any person subject to any industrial NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Added Ord. 97-16, § 1, eff. 5-9-97).

(a) Authorization to Adopt and Impose Best Management Practices. The City of Fresno may adopt requirements identifying appropriate Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. Where Best Management Practices requirements are promulgated by the City of Fresno or any federal, State of California, regional agency, for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

(b) New Development and Redevelopment. The District may adopt requirements identifying appropriate Best Management Practices to control the volume, rate, and to reduce or eliminate the potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City of Fresno may incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment.

(c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections a. and b., any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement Best Management Practices to the extent they are technologically and economically achievable to prevent and reduce such pollutants. (Added Ord. 97-16, § 1, eff. 5-9-97).

The Authorized Enforcement Agent may require by written notice that a person responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges. (Added Ord. 97-16, § 1, eff. 5-9-97).

(a) The Authorized Enforcement Agent may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this article.

(b) If, subsequent to eliminating a connection found to be in violation of this article, the responsible person can demonstrate that an illicit discharge will no longer occur, said person may request City of Fresno approval to reconnect. The reconnection or reinstallation of the connection shall be at the City of Fresno's discretion and shall be at the responsible person's expense. (Added Ord. 97-16, § 1, eff. 5-9-97).

Whenever an Authorized Enforcement Agent finds that a discharge of pollutants is taking place or has occurred which may result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the agent may require by written notice to the responsible person that the pollution cease, be remediated, and the affected property restored within a specified time. (Added Ord. 97-16, § 1, eff. 5-9-97).

The Authorized Reinforcement Agent may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the storm drain system or waters of the U.S., to undertake at said person's expense such monitoring and analyses and furnish such reports to the District as the agent deems necessary to determine compliance with this article. (Added Ord. 97-16, § 1, eff. 5-9-97).

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of hazardous materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the District in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice from said person, addressed and mailed to the District within three business days of the phone notice. (Added Ord. 97-16, § 1, eff. 5-9-97).

Whenever necessary to make an inspection to enforce any provision of this article, or whenever the Authorized Enforcement Agent has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article, the agent may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the agent is hereby empowered to seek assistance from any other governmental agency and/or any court of competent jurisdiction in obtaining such entry. (Added Ord. 97-16, § 1, eff. 5-9-97).

During any inspection as provided herein, the Authorized Enforcement Agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record site activities. Subject to the access provisions of Section 6-720, the agent may establish on any property such devices as are necessary to conduct sampling or metering and may perform smoke or dye tests to determine the source of a discharge or pipe. (Added Ord. 97-16, § 1, eff. 5-9-97).

(a) The Authorized Enforcement Agent may enforce the provisions of this article in the same manner as any other City of Fresno ordinance is enforced.

(b) As a precursor to any other enforcement action the Authorized Enforcement Agent may order compliance with this article by written notice of violation to any person in non-compliance with this article. Such notice may require without limitation:

(1) The performance of monitoring, analysis, and reporting;

(2) The elimination of illicit connections or discharge;

(3) That violating discharges, practices, or operations shall cease and desist;

(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

(5) The implementation of source control or treatment pursuant to Best Management Practices. (Added Ord. 97-16, § 1, eff. 5-9-97).