Lincoln Municipal Code Art. I General Provisions

The city council adopts this chapter based upon the following findings:

(1) The federal CWA provides for the regulation and reduction of pollutants discharged into waters of the United States by extending NPDES requirements to storm water and urban runoff discharges into the city's storm water conveyance system.

(2) Storm water flows from individual properties to the municipal storm drain system and then ultimately discharges to waters of the United States.

(3) The city has obtained permit coverage under the Phase II NPDES Permit. Under the provisions of the Phase II NPDES Permit, the city is required to possess the necessary legal authority and implement appropriate procedures to regulate the discharge of pollutants and non-storm water discharges into the city's storm water drainage system. The Phase II NPDES Permit also requires the city to ensure all construction activity conducted within the city's jurisdiction that is subject to the requirements of the current construction general permit obtains the required construction general permit coverage.

(Ord. No. 876B, § 1, 1-22-2013)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to protect and enhance water quality of watercourses and water bodies in a manner pursuant to and consistent with the federal CWA by reducing pollutants in storm water discharges associated with construction activity to the maximum extent practicable and by prohibiting non-authorized non-storm water discharges to the storm water conveyance system.

(Ord. No. 876B, § 1, 1-22-2013)

Any term(s) defined in the CWA, and as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the SWRCB, and as amended, and which are not specifically defined in this chapter, shall have the same meaning as those terms which are set forth in said act or regulation:

"Applicant" means a property owner or agent of a property owner who is completing construction activity.

"Best management practices ("BMPs")" means activities, practices, and procedures implemented to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include, but are not limited to: treatment measures to remove pollutants from storm water; operating and maintenance procedures, scheduling; preservation of existing vegetation; management practices to control runoff and run-on; measures for spill prevention and cleanup; waste management and disposal practices and measures; management practices related to the handling, storing and disposal of materials and waste; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and other such provisions as the city determines appropriate for the control of pollutants.

"Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

"Channel" means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

"City" means the city of Lincoln.

"Common plan of development" means a site where multiple separate and/or distinct construction activities may be taking place at different times on different schedules, but still under a single plan. Examples include, but are not limited to: phased projects and projects with multiple lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners; a development plan that may be phased over multiple years, but is still under consistent plan for long-term development; and projects in a contiguous area that may [be] unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed soil area of the entire plan shall be used in determining permit and construction storm water requirements.

"Construction activity" means any clearing, grading, grubbing, or excavation, or any other activity that results in land disturbance.

"Development" means the division of land into lots or parcels.

"Drainage system" means all facilities operated by the city for collecting, transporting, treating and disposing of storm water. For the purpose of this chapter the drainage system also includes facilities owned and operated by other public entities or private citizens that direct storm water to the city's drainage system and are subject to the jurisdiction of the city as defined by law, contract, or inter-jurisdictional agreement.

"Erosion and sediment control" means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site, including, but not limited to: preservation of existing vegetation, seeding, mulching, erosion control matting, plastic covers, fiber rolls, silt fences, drain inlet protection, sediment traps, sediment basins, check dams.

"Erosion and sedimentation control plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

"Grading" means any excavation, filling, or combination thereof.

"Land disturbance activity" means any activity which removes existing vegetation or otherwise disturbs the surface of the land. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock.

"Landowner" means the legal or beneficial owner of land, including those holding proprietary rights in the land.

"Municipal separate storm sewer system ("MS4")" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned by a state, county, city, town, or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"Non-storm water discharge" means any discharge to the storm drain system that is not composed entirely of storm water.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: sediment; paints, varnishes, and solvents, oil and other automotive fluids; non-hazardous liquid and solid waste and yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to pollution, floatables; 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 waste), and noxious or offensive matter of any kind.

"Prohibited non-storm water runoff" means any non-storm water that contains any pollutant(s), and is not generated from the following activities:

(1) Water line flushing;

(2) Landscape irrigation;

(3) Diverted stream flows;

(4) Rising groundwater;

(5) Uncontaminated groundwater infiltration (as defined at 40 CFR Section 35.2005 (20));

(6) Uncontaminated pumped groundwater;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air conditioning condensation;

(10) Irrigation water;

(11) Springs;

(12) Water from crawl space pumps;

(13) Footing drains,

(14) Lawn watering;

(15) Individual residential car washing;

(16) Flows from riparian habitats and wetlands;

(17) Dechlorinated swimming pool discharges; and

(18) Discharges or flows from firefighting activities.

"Project" or "project site" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips subject to land disturbing or construction activities.

"Receiving water" means any body of water or surface water system to which surface runoff is discharged via point source of storm water or via sheet flow.

"Stop work order" means an order issued which requires that all construction activity on a site be stopped.

"Storm water" means water that originates from atmospheric moisture (rainfall or snowfall) that falls onto land, water, or other surfaces.

"Storm water pollution prevention plan ("SWPPP")" means a plan that is developed for construction activities that will create one acre or more of disturbed soil area. The intent of the SWPPP is to control pollution related to construction activities. All SWPPPs are required to be prepared in compliance with the requirements of the construction general permit issued by SWRCB.

"Water body" or "watercourse" means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

"Waters of the United States" means surface watercourses and water bodies as defined at 40 CFR section 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 storm water at and during all times and seasons.

"Waters of the State" means all surface watercourses and water bodies, including lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface waters (Porter Cologne Section 13050 (e)). This definition includes, but is broader than, Waters of the United States.

(Ord. No. 876B, § 1, 1-22-2013)

This construction storm water ordinance shall be applicable to all subdivision or site plan applications, building permits, grading permits and encroachment permits ("projects") unless eligible for an exemption or granted a waiver by the city. This chapter shall be applicable to all projects which result in water entering the storm water conveyance system generated on any developed or undeveloped land (hereinafter referred to as, "projects") within the city, unless exempt or expressly waived by the city.

(Ord. No. 876B, § 1, 1-22-2013)

This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this chapter should be considered the minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose a higher protective standard for human health or the environment shall be considered to take precedence.

(Ord. No. 876B, § 1, 1-22-2013)

The city may furnish additional policy, criteria, and information including specifications and standards, for the implementation of the requirements of this chapter and may provide such information in the form of a construction storm water manual. Until such time, BMPs shall be designed and implemented in accordance with the construction general permit and either the California Storm Water Quality Association's ("CASQA's") Construction BMP Handbook or the California Department of Transportation's ("Caltran's") Construction Site BMP Manual.

(Ord. No. 876B, § 1, 1-22-2013)

Neither issuance of a grading permit, building permit, encroachment permit or subdivision agreement or approval of a sedimentation and erosion control plan under the provisions of the construction storm water ordinance nor compliance with the provisions hereof or with any conditions imposed in any permit or agreement issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property

(Ord. No. 876B, § 1, 1-22-2013)

No person shall do or permit to be done any construction activity which may obstruct, impede, or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws including, but not limited to, the provisions of the construction storm water ordinance.

(Ord. No. 876B, § 1, 1-22-2013)