Hemet Municipal Code Div. 1 Generally

This article shall be known as the "City of Hemet Stormwater/Urban Runoff Management and Discharge Controls Ordinance" and may be so cited.

(Ord. No. 1856, § 2, 9-25-12)

The purpose of this article is to ensure the future health, safety and general welfare of the citizens by:

(1) Reducing pollutants in stormwater discharges to the maximum extent practicable;

(2) Regulating illicit connections and discharges to the storm drain system; and

(3) Regulating non-stormwater discharges to the storm drain system.

The intent of this article is to protect and enhance the water quality of Hemet watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1342), the Porter-Cologne Water Quality Control Act (California Water Code § 13000 et seq.) and the conditions of any NPDES permit issued or applicable to the city.

(Ord. No. 1856, § 2, 9-25-12)

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

Best management practices (BMPs) means any activities, prohibitions, practices, procedures, programs or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction activity and those measures identified by the city engineer.

City means the City of Hemet.

City engineer means the city engineer of the City of Hemet.

Discharge, when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the storm drain system from an activity, operations or property, which one owns or operates. When used as a noun, "discharge" means the pollutants, stormwater and/or non-stormwater that are discharged.

Discharger means any person or entity engaged in activities or operations or owning facilities or property, which will or may result in pollutants entering stormwater or the storm drain system. Dischargers include, but are not limited to, real property owners, occupants, tenants, lessees, contractors, developers, managers and employees.

Green infrastructure means management approaches and technologies that infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology.

Illicit discharge means any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) Permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.

Illicit connection means any physical connection to a storm drain system which has not been permitted by the City of Hemet, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

Low impact development means an approach to stormwater management that seeks to manage rainfall where it falls using decentralized, small-scale controls integrated into a site's landscape features with the goal of mimicking a site's predevelopment hydrology by infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

Maximum extent practicable means the standard for implementing stormwater management programs as required by Section 402(p((3)(B)(iii) of the Clean Water Act and as defined in Appendix 4 of the California Regional Water Quality Control Board - Santa Ana Region stormwater permit No. R8-2010-0033 and any subsequent renewals to such permit.

Municipal NPDES permit means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

National Pollutant Discharge Elimination System (NPDES) Permit means a stormwater discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.

Non-stormwater discharge means any discharge to the storm drain system that is not entirely composed of stormwater, which includes, but is not limited to, sewage; wash water from cleaning or hosing of residential, municipal, industrial or commercial areas; runoff from material storage areas containing chemicals, fuels, grease, oil or other pollutants; pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water; sediment, pet waste, vegetation clippings, or other landscape or construction related wastes; and food related wastes.

Person means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

Pollutant means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include, but are not limited to, paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

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

Storm drain system means any facility within the City of Hemet by which stormwater may be conveyed to waters of the United States. Storm drain system includes, but is not limited to, any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structure.

Stormwater runoff means surface runoff and drainage associated with rain storm events and snow melt.

(Ord. No. 1856, § 2, 9-25-12)

This article shall be administered, implemented and enforced for the city by the city engineer, or by any person or persons designated by the city engineer to act on his or her behalf.

(Ord. No. 1856, § 2, 9-25-12)

This article shall be construed to assure consistency with the requirements of the Clean Water Act, the Porter-Cologne Water Quality Control Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof.

(Ord. No. 1856, § 2, 9-25-12)

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 which can be given effect without the invalid provision or application, and to this end, the provisions of this article are hereby declared to be severable.

(Ord. No. 1856, § 2, 9-25-12)