Lincoln Municipal Code Art. I General Provisions

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

(1) The Federal Clean Water Act ("CWA") provides for the regulation and reduction of pollutants discharged into waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES") requirements to stormwater and urban runoff discharges into the City of Lincoln's ("city's") stormwater conveyance system.

(2) Stormwater 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 Small NPDES Permit. Under the provisions of the general permit for the discharge of stormwater from small municipal separate storm sewer systems ("MS4s") ("Phase II Small NPDES Permit"), the city is required to possess the necessary legal authority and implement appropriate procedures to regulate the discharge of pollutants and nonstormwater discharges into the city's stormwater drainage system.

(4) The Phase II Small NPDES Permit requires the city to regulate the contribution of pollutants to the MS4 by stormwater discharges by any user, to prohibit illicit discharges and illegal connections to the MS4, and to establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance

(Ord. No. 894B, § 1, 12-9-2014)

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 stormwater discharges associated with the municipal storm drainage system to the maximum extent practicable and by controlling the introduction of pollutants to the municipal storm drainage system.

(Ord. No. 894B, § 1, 12-9-2014)

Any term(s) defined in the CWA, and as amended, and/or defined in the regulations for the stormwater discharge NPDES permitting program issued by the State Water Resources Control Board, 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.

"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.

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

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

"Hazardous material" means any material, including 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 (California Health and Safety Code § 25117).

"Illegal connection" means any drain or conveyance connected from any residential, commercial, or industrial land use, to the storm drain system which has not been documented in permit applications, plans, maps, or equivalent records and approved by the city.

"Illicit discharge" means any direct or indirect discharge of prohibited nonstormwater or polluted stormwater to the storm drain system, except as exempted in Article II, Section 13.34.070 of this chapter.

"Incidental runoff" means unintended amounts (volume) of runoff, such as minimal over-spray from sprinklers. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overall or application, or if it is due to negligence.

"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 stormwater, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"Nonstormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater.

"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; nonhazardous 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 nonstormwater runoff" means any nonstormwater that contains any pollutant(s); and is not generated from the following activities:

(1) Water line flushing;

(2) Landscape irrigation and watering;

(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) Springs;

(11) Water from crawl space pumps;

(12) Footing drains;

(13) Individual residential car washing;

(14) Flows from riparian habitats and wetlands;

(15) Dechlorinated swimming pool discharges; and

(16) Discharges or flows from firefighting activities.

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

"Stormwater" means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

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

"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 stormwater 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. 894B, § 1, 12-9-2014)

Nonstormwater discharge, illicit discharge and illegal connection control ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands, unless explicitly exempted by the city.

(Ord. No. 894B, § 1, 12-9-2014)

This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, 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. 894B, § 1, 12-9-2014)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 894B, § 1, 12-9-2014)