Hanford Municipal Code Ch. 13.10 Stormwater Service System

For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:

"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 poultry or animals.

"Authorized enforcement agent"

is the city manager of the city of Hanford and any individual designated in writing by the city manager as an authorized enforcement agent.

"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 stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; and the prohibition of specific activities, practices, and procedures.

"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.

"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.

"Illicit connections"

are defined as either of the following:

Any drain or conveyance, 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

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 city of Hanford.

"Illicit discharge"

is defined as any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 13.10.060.

"Municipal NPDES stormwater discharge permit"

is the area-wide NPDES stormwater discharge permit issued pursuant to the Clean Water Act by the regional board to the city of Hanford to regulate discharges from the municipal separate storm drain system to waters of the U.S. (Order No. 2003-0005-DWQ, and any amendments, revisions, or reissuance thereof).

"Non-stormwater discharge"

is any discharge to the storm drain system that is not composed entirely of stormwater.

"Permit area"

is the area subject to the terms and conditions of the municipal NPDES stormwater discharge permit; said area being the planned urban local drainage areas specified within the city's adopted storm drainage master plan, as it may be amended from time to time.

"Person"

shall be taken to mean any natural 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.

"Pollutant"

is defined as anything which cause 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.

"Pollution"

is defined as the man-made or man-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.

"Porter-Cologne Act"

means the California Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

"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.

"Storm drain system"

shall mean all publicly-owned facilities operated by the city by which stormwater 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 manmade 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.

"Stormwater"

is any surface flow, runoff, and drainage associated with rain storm events and snow melt.

"Water of the United States (U.S.)"

means surface watercourses and water bodies as defined at 40 CFR Section 122.2.

(Ord. 09-09, 2009)

This chapter shall apply to all stormwater generated on any developed and undeveloped urban lands lying within the city of Hanford and within the permit area including any amendments or revisions thereto. This chapter shall not apply to stormwater generated on agricultural lands.

(Ord. 09-09, 2009)

The city manager shall administer, implement, and enforce the provisions of this chapter. 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 Hanford.

(Ord. 09-09, 2009)

This chapter 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.

(Ord. 09-09, 2009)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter 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 chapter shall not create liability on the part of the city of Hanford, or any agent or employee thereof, for any damages, claims, or liabilities that result from any discharger's reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 09-09, 2009)

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 chapter: water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; irrigation water, stormwater runoff and return flows from agricultural lands; diverted stream flows; rising groundwater; groundwater infiltration to the storm drain system; foundation and footing drains; water from crawl space pumps; air conditioning condensation; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; de-chlorinated swimming pool discharges; municipal and construction-related street wash waters; and flows from fire fighting.

B. The prohibition shall not apply to any non-stormwater discharge permitted or approved trader an NPDES permit, waiver, or waste discharge order issued to the discharger 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 city for any discharge to the storm drain system.

C. With written concurrence of the regional board, the city may exempt in writing other non-stormwater discharges which are neither a source of pollutants to the storm drain system nor waters of the U.S.

(Ord. 09-09, 2009)

A. The construction, use, maintenance or continued existence, beyond the effective date of the ordinance codified in this chapter, 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.

(Ord. 09-09, 2009)

Any discharge that could result in or contribute to a violation of the municipal NPDES stormwater discharge permit or any amendment or revision thereto or reissuance thereof, is a violation of this chapter and is prohibited. Person(s) causing or responsible for the discharge are liable therefor, and shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(Ord. 09-09, 2009)

A. Authorization to Adopt and Impose Best Management Practices. The city may adopt requirements identifying appropriate best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. Where best management practices requirements are promulgated by the city 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 city may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter and Title 15, Title 16 and Title 17.

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 stormwater, 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.

(Ord. 09-09, 2009)

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.

(Ord. 09-09, 2009)

Whenever an authorized enforcement agent finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the agent may require by written notice to the responsible person that the pollution be remediated and the affected property restored within a specified time.

(Ord. 09-09, 2009)

The authorized enforcement 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 stormwater pollution, illicit discharges, and/or non-stormwater 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 city as the agent deems necessary to determine compliance with this chapter.

(Ord. 09-09, 2009)

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 materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, 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 city in person or by phone or facsimile no later than five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the phone notice.

(Ord. 09-09, 2009)

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever an 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 chapter, the agent may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater 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 court of competent jurisdiction in obtaining such entry.

(Ord. 09-09, 2009)

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 13.10.160, 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.

(Ord. 09-09, 2009)

A. The authorized enforcement agent may enforce the provisions of this chapter in the same manner as any other city ordinance is enforced.

B. As a precursor to any other enforcement action, the authorized enforcement agent may order compliance with this chapter by written notice of violation to the responsible person. Such notice may require without limitation:

1. The performance of monitoring, analyses, and reporting;

2. The elimination of illicit connections or discharges;

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

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

5. The implementation of source control or treatment best management practices.

(Ord. 09-09, 2009)

If the required action(s) identified upon the written notice(s) referenced in Section 13.10.160 are not complied with within the specified time frame identified upon the written notice(s), the authorized enforcing agent shall apply penalties based upon the following schedule:

A. First violation: one hundred dollar ($100.00) penalty.

B. Second violation: two hundred dollar ($200.00) penalty and notification of violation forwarded to the regional water quality control board.

C. Third violation: three hundred dollar ($300.00) penalty and notification of violation forwarded to the Regional Water Quality Control Board.

D. Fourth violation and all subsequent violations: one thousand dollar ($1,000.00) penalty and violation turned over to the regional water quality control board for further penalties for violations of the Federal Clean Water Act.

(Ord. 09-09, 2009)

A. The city shall have the right to require an applicant to construct oversized storm drain improvements. If the city requires an applicant to construct oversized improvements, the city shall, in accordance with subsection C below and subject to the provisions of a reimbursement agreement approved by the city council, reimburse the applicant the actual cost paid by the applicant for the oversizing. The amount of reimbursement shall be a portion of the actual cost of construction paid by the applicant that is collected by the city from other properties served by the oversized storm drain improvements. Reimbursement will be calculated based upon the proportionate acreage served by the oversized improvements. The city engineer is empowered to make the determination as to how much, if any, oversizing is required and is also empowered to determine the difference between the actual cost to construct the oversized improvements and the cost that the applicant would have paid for non-oversized construction. The decisions made by the city engineer shall be binding and conclusive on the applicant.

B. An applicant who is eligible for reimbursement pursuant to this section shall submit to the city's public works director or designee the documentation identified by the city that is needed to prepare a reimbursement agreement, including, without limitation, material reflecting the cost to construct the reimbursement-eligible improvements. All required documentation will be provided to the city's public works director or designee in a timely manner so that the city's ability to collect funds from the owners of other properties served by the oversized improvements is not hindered.

C. The city will fund and pay reimbursement to an applicant by collecting a reasonable charge, including interest, from owners of property that benefit from the oversized storm drain improvements when such parties connect to or utilize the oversized improvements. Interest will accrue at a rate equal to the Local Agency Investment Fund ("LAIF") interest rate in effect on the date that a notice of completion is recorded by the city for the oversized improvements, or, if no notice of completion is recorded, the date on which the city accepts the improvements in writing. The city will disburse to the applicant at least once per calendar year those funds collected from owners of property benefitted by the oversized improvements.

(Ord. 17-02 § 5, 2017)