Guadalupe Municipal Code Ch. 15.10 Stormwater Construction and Post-Construction Management

A. Statutory Authorization. The Federal Clean Water Act, the implementing regulations for the National Pollutant Discharge Elimination System (NPDES), and the California Porter-Cologne Water Quality Control Act provide for the regulation and reduction of pollutants discharged to waters of the State and United States by extending NPDES requirements to stormwater and urban runoff discharges to and from the storm drain system.

B. Findings of Fact. The City is required to enroll as a permittee under the State of California's Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ) and the NPDES General Permit No. CAS000004 (General Permit). Under the provisions of the General Permit, the City is required to possess the necessary legal authority and implement appropriate procedures to regulate the entry of pollutants and non-storm water discharges into the storm drain system and implement mandatory site design measures to minimize the adverse effects of urbanization and development on watershed processes and beneficial uses resulting from changes in stormwater runoff conditions, and where possible, maintain and/or restore receiving water beneficial uses.

C. Statement of Purpose. It is the purpose of this chapter to protect and enhance water quality by reducing pollutants in stormwater discharges to the maximum extent practicable by:

1. Preventing construction site discharges of pollutants and adverse impacts on beneficial uses of receiving waters. It establishes standards and specifications to manage non-point source pollution, soil erosion and sedimentation associated with construction activities.

2. Preventing stormwater discharges from causing or contributing to a violation of receiving water quality standards, also known as post-construction stormwater management. These standards emphasize protecting and, where degraded, restoring key watershed processes to create and sustain linkages between hydrology, channel geomorphology, and biological health necessary for healthy watersheds. Maintenance and restoration of watershed processes impacted by stormwater management is necessary to protect water quality and the beneficial uses of surface and groundwater.

D. Methods of protecting and enhancing water quality. In order accomplish its purpose, this chapter includes methods and provisions to:

1. Regulate the contribution of pollutants in stormwater discharges;

2. Reduce pollutants in stormwater discharges by guiding, regulating, and controlling the design, construction, use, and maintenance of construction activities with the potential to degrade water resources;

3. Require the construction of permanent stormwater runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity;

4. Require responsibility for and long-term maintenance of structural stormwater control facilities and nonstructural stormwater management; and

5. Enable legal authority to carry out inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this chapter.

(Ord. 2015-435 §3)

This chapter shall apply to all construction activities including, but not limited to, projects that require building and/or grading permits.

(Ord. 2015-435 §3)

A. The City Administrator, or designee, is authorized to administer, implement, and enforce the provisions of this chapter and establish any rules and regulations necessary for the enforcement of this chapter. For the purpose of verifying compliance with this chapter, the City Administrator, or designee, may enter onto private property for the purpose of inspecting, at reasonable times, any facility, equipment, practices, or operations, including:

1. Prior to commencing land disturbance during the rainy season, to ensure all necessary sediment controls are in place;

2. During active construction, to ensure, at a minimum, that BMPs implemented are effective and being maintained, and that pollutants of concern are not being discharged from the construction site;

3. Following construction, to ensure that all temporary BMPs have been removed and disturbed areas have been stabilized;

4. Prior to occupancy, to ensure all Structural Water Quality Treatment, Runoff Retention, and/or Peak Management Controls are constructed in accordance with approved plans;

5. Annually, to ensure that all Structural Water Quality Treatment, Runoff Retention, and/or Peak Management Controls are being implemented and maintained in accordance with approved plans; and

6. Any time there is a reasonable cause to believe a violation of this chapter exists.

(Ord. 2015-435 §3)

A. No land shall be disturbed until a program for preventing construction site discharges of pollutant and impacts on beneficial uses of receiving waters has been approved by the City Administrator or designee.

1. Projects subject to the Construction General Permit shall submit and implement a site specific Storm Water Pollution Prevention Plan (SWPPP). Construction shall not begin until the WDID Number, issued from the State Water Resources Control Board has been provided to the City.

2. Projects exempt from the Construction General Permit but which may pose a threat to water quality shall develop and implement a Water Pollution Control Plan in compliance with the City's Standards and Specifications. Projects that may pose a threat to water quality are those projects that:

a. Disturb one acre or less;

b. Disturb 5 acres or less and are granted an erosivity waiver and which have one or more of the following water quality concerns:

i. Potential to discharge directly or indirectly into the Santa Maria River, Orcutt Creek or Greene Valley Creek or any area designated as a wetland,

ii. Have cuts/fills in excess of 6 feet,

iii. Have slopes steeper than 3:1, or

iv. Are being implemented by a contractor with a history of non-compliance.

3. Projects exempt from the Construction General Permit but which may pose a negligible threat to water quality shall develop and implement a Water Pollution Control Plan in compliance with the City's Standards and Specifications. Projects that pose a negligible threat to water quality have none of the water quality concerns identified above and may include, but are not limited to: remodeling projects, and other interior improvements.

B. During construction, construction activities shall be designed and conducted to minimize runoff of sediment and all other pollutants.

C. Final approval and/or occupancy of a project shall not be granted until all temporary Best Management Practices have been removed from the site.

(Ord. 2015-435 §3)

A. All new development and redevelopment projects must comply with the California Regional Water Quality Control Board, Central Coast Region, Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region as set forth in the most recent edition of the Santa Barbara County Stormwater Technical Guide.

1. The applicant shall submit a Stormwater Control Plan in compliance with the City's Standards and Specifications.

2. Prior to final approval and/or occupancy, the applicant shall submit a Long-Term Operation and Maintenance Plan in compliance with the City's Standards and Specifications.

(Ord. 2015-435 §3)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

A. In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement consistent with Chapter 8.50.

B. Warning Notice. When the City finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the City may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice.

C. Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City may order compliance by written Notice of Violation to the responsible person. The Notice of Violation shall contain:

1. The name and address of the alleged violator;

2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

3. A statement specifying the nature of the violation;

4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;

5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

6. A statement that the determination of violation may be appealed to the City Administrator by filing a written notice of appeal within 10 days of service of notice of violation; and

7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

D. Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 30 days, or such greater period as the City shall deem appropriate, after the City has taken one or more of the actions described above, the City may impose a penalty consistent with Chapter 1.10 for each day the violation remains unremedied after receipt of the Notice of Violation.

E. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may impose upon a violator, alternative compensatory options, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. 2015-435 §3)