Kingsburg Municipal Code Ch. 8.24 Stormwater Quality Management

This chapter shall be known as the "Stormwater Quality Management Ordinance" of the City of Kingsburg and may be so cited.

(Ord. No. 2009-06, § 1, 6-3-09)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens of Kingsburg, and protect and enhance 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 seq.) by reducing pollutants in Kingsburg stormwater discharges to the maximum extent practicable and by effectively prohibiting non-stormwater discharges to the Kingsburg storm drain system.

(Ord. No. 2009-06, § 1, 6-3-09)

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

Agricultural lands is defined as a parcel of land of five or more acres used primarily for agricultural purposes, including, without limitation, the raising of tree, vine, field, forage, or other plant life, crops of all kinds, or the maintenance, breeding, and raising of animals.

Authorized enforcement agent is the public works director of the City of Kingsburg and any employee designated by the public works director to act as the authorized enforcement agent.

Best management practices is defined as any activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the Kingsburg municipal storm drain system and waters of the United States. Best management practices include, without limitation: 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, 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 (33 U.S.C. § 1251 et seq.)

Green waste is grass, leaves, shrub, brush and tree trimmings and general organic debris from yard maintenance this is of plant origin.

Hazardous materials is defined as any material, including, without limitation, 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 any of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, without limitation, any conveyances which allow sewage, process wastewater, or 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 any government agency; or

2. Any drain or conveyance 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 and any other applicable governmental agency.

Illicit discharge is defined as any direct or indirect non-stormwater discharge into the storm drain system, except as exempted in section 8.24.090 of this chapter.

Industrial National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits are defined as general, group, and individual stormwater 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 stormwater discharge permits, including but not limited to the general construction activity and general industrial activity permits.

City NPDES stormwater discharge permit is defined as the city's NPDES stormwater discharge permit issued pursuant to the Clean Water Act by the regional board to the city to regulate discharge from the city's storm drain system to waters of the U.S. (Order No. __________, NPDES Permit No. ___________, and any amendments, revisions, or reissuance thereof.)

Non-stormwater discharge is defined as any discharge to the city's storm drain system that is not composed entirely of stormwater.

Permit area is defined as the area subject to the terms and conditions of the city's 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 is defined as any natural person, firm, association, club, organization, corporation, partnership, limited liability company, business trust, company, government agency, or other entity which is recognized by law.

Pollutant is defined as anything which causes or contributes to pollution. Pollutants include, without limitation: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous solid wastes and yard wastes; pesticides, herbicides, and fertilizers; hazardous materials, substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing or demolishing a building or structure (including, without limitation, 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 pollutants 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 § 13000 et seq.)

Premises is defined as any building, structure, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas.

Storm drain system is defined as all publicly-owned facilities operated by the city [in] which stormwater is collected and/or conveyed, including, without limitation, any roads with drainage systems, city 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 Code of Federal Regulations section 122.2.

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

(Ord. No. 2009-06, § 1, 6-3-09)

This chapter shall apply to all stormwater generated on any developed and undeveloped urban lands lying within the city and within the permit area as amended or revised from time to time. This chapter shall not apply to stormwater generated on agricultural lands.

(Ord. No. 2009-06, § 1, 6-3-09)

Responsibility for administration. The city's public works director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city's public works director may be delegated in writing by the city's public works director to persons or entities acting in the interest of or in the employ of the city.

(Ord. No. 2009-06, § 1, 6-3-09)

The provisions of this chapter are hereby declared to be severable. If any provisions, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 2009-06, § 1, 6-3-09)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and California Porter-Cologne Act and Acts which amend or supplement either Act, applicable implementing regulations thereto and the City NPDES Permit No. ___________ and any amendments, revisions or reissuance thereof.

(Ord. No. 2009-06, § 1, 6-3-09)

The standards set forth in this chapter and promulgated pursuant to this chapter are minimum standards. This chapter does not intend or 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, or any agent or employee of the city for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made under this chapter.

(Ord. No. 2009-06, § 1, 6-3-09)

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

(a) Discharges from the following activities will not be considered a source of pollutants into 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; dechlorinated 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 under any 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 NPDES permit, waiver, or order and all other applicable laws, ordinances and regulations and provided that written approval has been granted by the city for any discharge in the storm drain system.

(c) With written concurrence of the regional board, the city may, in writing, exempt other non-stormwater discharges which are not a source of pollutants to the storm drain system or waters of the U.S.

(Ord. No. 2009-06, § 1, 6-3-09)

(a) The construction, installation, use, maintenance, repair or continued existence, after the effective date of this chapter of any illicit connections to the storm drain system is prohibited.

(b) This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of this chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. No. 2009-06, § 1, 6-3-09)

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 waters of the U.S., any refuse, rubbish, garbage, litter, green waste or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Green waste and wastes deposited in streets immediately prior to and for the purposes of authorized collection are exempted from this prohibition.

(Ord. No. 2009-06, § 1, 6-3-09)

Any discharge that could result in or contribute to a violation of the city's NPDES stormwater discharge permit or any amendment or revision thereto or reissuance, is a violation of this chapter and is prohibited. Person(s) causing or responsible for such discharge are liable for any damages or violations caused thereby, and shall defend, indemnify, and hold harmless the city and its officials, officers, employees, representatives and agents from any administrative or judicial enforcement action relating to such discharge and any and all claims, causes of action, damages, enforcement actions, consent decrees and any expenses, costs and attorney fees in any way related thereto.

(Ord. No. 2009-06, § 1, 6-3-09)

Any person subject to any industrial NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said NPDES stormwater discharge permit may be required in a form acceptable to the city prior to or as a condition of the approval of any subdivision map, site plan, building permit, development or improvement plan or other land use entitlement; inspection of the facility subject to the NPDES stormwater discharge permit; during any enforcement proceeding or action; or for any other reason or cause.

(Ord. No. 2009-06, § 1, 6-3-09)

(a) 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. Every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

(b) 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 or eliminate 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 new development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building-related permits as required in this chapter.

(c) Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b) of this section 8.24.140, any person engaged in activities or operations, or owning facilities or property which will or may discharge in pollutants into 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 as determined by the city to prevent and reduce such pollutants.

(Ord. No. 2009-06, § 1, 6-3-09)

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 illicit discharge and, if necessary, take any measures as determined by the city to eliminate the source of the illicit discharge and prevent the occurrences of future illicit discharges.

(Ord. No. 2009-06, § 1, 6-3-09)

(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 chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges had been established or approved prior to the effective date of this chapter.

(b) If, subsequent to eliminating a connection found to be in violation of this chapter, the person responsible for an illicit connection can demonstrate that an illicit discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be such person's sole cost and expense and shall comply with the provisions of this chapter and any applicable federal or state law, rule, regulation, ordinance or permit.

(Ord. No. 2009-06, § 1, 6-3-09)

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 waters of the U.S., the city may require, by written notice to the Person responsible for the discharge that the pollution be remediated and the affected property restored within a specified time and at such person's sole cost and expense.

(Ord. No. 2009-06, § 1, 6-3-09)

The authorized enforcement agent may require, by written notice, 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., undertake at said person's sole costs and expense such monitoring and analyses and to furnish such reports to the city as the city deems necessary to determine compliance with this chapter.

(Ord. No. 2009-06, § 1, 6-3-09)

Notwithstanding other requirements of law, as soon as any person engaged in any activity and/or owning or operating any 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 waters of the U.S., said person shall, at its sole cost and expense, take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of 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 telephone or facsimile no later than 5:00 p.m. of the day of the release. If the release occurs after 5:00 p.m. Or during a weekend or state holiday, such notice shall be given by 9:00 a.m. the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city within three business days after the telephone notice.

(Ord. No. 2009-06, § 1, 6-3-09)

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 authorized enforcement agent may enter such premises at any time to inspect the same and to inspect and copy records related to stormwater compliance and compliance with the provisions of this chapter. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry.

(Ord. No. 2009-06, § 1, 6-3-09)

During any inspection of a premises, the authorized enforcement agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record premises activities. Subject to the access provisions of section 8.24.200, the city may install on any property or premises such devices as the city deems necessary to conduct sampling, metering and monitoring and may perform any tests to determine the source of a discharge.

(Ord. No. 2009-06, § 1, 6-3-09)

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

(b) Prior to any other enforcement action, the city may order compliance with this chapter by written notice of violation to the person responsible for the violation. 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 immediately 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. No. 2009-06, § 1, 6-3-09)