Lakeport Municipal Code Art. III Regulations And Requirements

A. Authorization to Adopt and Impose BMPs. The city shall adopt by resolution requirements identifying BMPs 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 state or of the United States. Where BMPs requirements are promulgated by the city or any federal, state of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the state or of the United States, 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 shall adopt by resolution requirements identifying appropriate BMPs to control the volume, rate, flow-duration and potential pollutant load of stormwater runoff from new development and redevelopment projects that disturb one acre or more, including projects less than one acre that are part of a larger common plan of development or sale, as may be appropriate to minimize the generation, transport and discharge of pollutants or that may be needed to comply with any successor permit or amendment to the municipal stormwater permit. 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 by the city.

C. Responsibility to Implement BMPs. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, 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 state or of the United States shall implement BMPs to the extent they are technologically achievable and/or required by any applicable permit or regulatory requirement to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(Ord. 853 § 1(part), 2006)

A. Notwithstanding the requirements of Section 8.40.220 of this chapter, the director shall require by written notice that a person responsible for an illegal discharge, immediately, or by a specific date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. 853 § 1(part), 2006)

A. The director shall require by written notice that a person responsible for an illicit connection to the storm drainage system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specific date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this chapter.

B. If subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, such person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

(Ord. 853 § 1(part), 2006)

A. Whenever the director 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 United States, the director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 8.40.250 and 8.40.260 of this chapter.

(Ord. 853 § 1(part), 2006)

A. Any person owning or operating a construction site for which a building permit has been issued shall implement BMPs to control the discharge of pollutants to the maximum extent practicable, and to eliminate nonstormwater discharges that are not authorized as set forth in Article II of this chapter or are not in compliance with an NPDES permit.

(Ord. 853 § 1(part), 2006)

A. The council shall adopt, by resolution, rules and regulations that establish performance requirements and requirements for BMPs to prevent or minimize the long term, post-construction discharge of stormwater pollutants and water quality impacts from new development or significant redevelopment projects that disturb one or more acres, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the city storm drainage system.

B. Provisions shall be made for the continued post-construction maintenance of any structural or treatment control BMPs by a means acceptable to the director.

(Ord. 853 § 1(part), 2006)

A. As soon as any person responsible for a facility or operation, or responsible for emergency responses for a facility operation, has information of any known or suspected release of materials which are resulting in or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials such person shall immediately notify emergency response agencies of the occurrence by way of central dispatch.

B. For any discharge subject to the reporting requirements of the Water Code Sections 13271 and 13272 or successor sections, notification in compliance therewith shall constitute sufficient notification for purposes of this section.

C. In the case of discharges not subject to the reporting requirements of the Water Code Sections 13271 and 13272 or successor sections, the responsible person shall notify the director or implementing agency within twenty-four hours by phone or fax of the discovery of the discharge. A written report on the actions taken shall be required within five days of the initial notice.

(Ord. 853 § 1(part), 2006)