Lakeport Municipal Code Art. I General Provisions

A. This chapter shall be known and be cited as the "Stormwater Management Ordinance" of the city of Lakeport.

(Ord. 853 § 1(part), 2006)

A. The purpose of this chapter is to insure the health, safety and general welfare of the city of Lakeport's citizens, and to protect and enhance the water quality of water courses and water bodies within the incorporated area of the city of Lakeport in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. 1251 et seq.), by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges.

(Ord. 853 § 1(part), 2006)

As used in this chapter, the following words and phrases shall have the meanings as defined in this chapter:

"Authorized non-stormwater discharges"

means categories of discharges that are not composed entirely of stormwater but are not found to pose a threat to water quality as defined in the stormwater management plan.

"Best management practices (BMPs)"

means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the direct and indirect discharge of pollutant to the city storm drainage system and to natural surface waters. BMPs shall also be defined to include, but not limited to, structural controls, source controls, treatment controls, training requirements, operating and maintenance procedures, practices to control site runoff, erosion and sediment control reduction practices, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.

"Beneficial uses"

means existing or potential uses of receiving waters as defined in the state of California water quality control plan.

"Clean Water Act"

means the Federal Water Pollution Control Act (33 U.S.C. 125 et seq.) and any subsequent amendments thereto.

"City"

means the city of Lakeport.

"City storm drainage system"

means those publicly owned facilities within the National Pollutant Discharge Elimination System designated incorporated area of the city which are owned, operated, maintained or controlled by the city by which stormwater may be collected and/or conveyed to natural surface waters, including, but not limited to, any roads with drainage systems, city roads, catch basins, water quality basins, detention basins, constructed wetlands, drainage channels, aqueducts, curbs, gutters, ditches, sumps, pumping stations, storm drain inlets, storm drains and other drainage structures which are not part of a publicly owned treatment works.

"Construction activity"

means activities subject to the NPDES construction general permits or successor permit issued by the state of California or any instrument of the city that established pollutant control provisions for construction activities. These include construction projects typically resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.

"Council"

means the city council of the city of Lakeport.

"Director"

means the community development director or such other department head designated by the council to enforce the provisions of this chapter.

"Discharge"

means any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the city stormwater drainage system or natural surface waters.

"Discharger"

means any person who discharges, or causes to discharge, either directly or indirectly stormwater or any other material into the city storm drainage system or natural surface waters.

"Illegal discharge"

means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Article II of this chapter.

"Illicit connection"

means one of the following:

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, processed wastewater, backwash water, 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 such 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.

"Implementing agency"

means the department designated by the council to enforce the provisions of this chapter with respect to a particular site, person, facility or industry category.

"Industrial activity"

means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

"Municipal stormwater permit"

means NPDES Permit No. CAS000004 including any amendments thereto or successor permit, issued by the Regional Water Board to the city.

"National pollutant discharge elimination system (NPDES)"

means a permit issued by either the Regional Water Board or the State Water Quality Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code to control discharges from point sources to natural surface waters.

"Natural surface waters"

means any rivers, creeks, unnamed tributaries, natural ponds or lakes, wetlands, or navigable waters and shall include any waters of the state and of the United States contained within the boundaries of the state. Natural surface waters does not mean any wet or dry detention basin, constructed wetland or stormwater treatment facility.

"Non-stormwater discharge"

means any discharge to the city storm drainage system, or to natural surface waters that is not composed entirely of stormwater.

"Person"

means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant"

means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock and sand, industrial waste, feces, volatile organic carbon, surfactants, oil and grease, petroleum, hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in Section 501(6) of the Federal Clean Water Act.

"Pollution"

means human made or human induced alteration of the quality of waters by waste or pollutants to a degree which unreasonably affects, or has potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

"Premises"

means any building, lot, parcel or land, or portion thereof and any appurtenant structures or facilities, whether improved or unimproved.

"Publicly owned treatment works"

means facility owned, operated or maintained by a public entity.

"Receiving water limitations"

means those restrictions defined and listed in the state general permit or municipal stormwater permit or any successor document.

"Receiving waters"

means surface bodies of water, as defined by the municipal stormwater permit, including, but not limited to, lakes, creeks, rivers, and other waters of the state or the United States which serve as discharge points for the city storm drainage system.

"Regional water board"

means the California Regional Water Quality Control Board, Central Valley Region and/or California Regional Water Quality Control Board, North Coast Region.

"The national pollutant discharge elimination system (NPDES)"

means General Permit No. CAS000004 Waste Discharge Requirements (WDRs) for discharges of stormwater runoff associated with construction activity, and any successor documents.

"Stormwater"

means surface runoff and drainage resulting from storm events and snowmelt.

"Stormwater management plan"

means the city's documented strategy of how the discharge of pollutants to stormwater will be reduced to the maximum extent practicable through the implementation of BMPs designed to protect water quality and requirements of the municipal stormwater permit.

"Water quality control plan"

means a basin plan required by the California Water Code (Section 13240) that consists of a designation or establishment of beneficial uses to be protected in waters within a specific area

"Waters of the United States"

means surface watercourses and water bodies as defined at 40 CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

(Ord. 853 § 1(part), 2006)

A. The provisions of this chapter shall apply to all water entering the city storm drainage system or natural surface waters generated or deposited on any developed or undeveloped lands in the incorporated area of the city of Lakeport.

B. This chapter shall apply to facilities and premises subject to and in compliance with the municipal stormwater permit, state construction general permit, city grading ordinance, city building permit, and/or any other instrument of the city that establishes pollutant control provisions for construction activities.

(Ord. 853 § 1(part), 2006)

A. The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions of the Lakeport Municipal Code.

(Ord. 853 § 1(part), 2006)

A. Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to any one or combination of the following: (1) the control of pollutant discharges, (2) the protection of stormwater quality, or (3) the protection and/or restoration of beneficial uses.

(Ord. 853 § 1(part), 2006)

A. The director shall be responsible for the administration, implementation and enforcement of the provisions of this chapter.

(Ord. 853 § 1(part), 2006)

A. The standards set forth in this chapter are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into natural surface waters. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 853 § 1(part), 2006)