Article I — General Provisions

This chapter shall be known as the city "Stormwater Management and Discharge Control Code," and may be cited as such, and will be referred to herein as "this chapter."

(Ord. No. 1905, § 1, 6-3-2015)

The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the city by controlling non-stormwater discharges to the stormwater conveyance system, by eliminating discharges to the stormwater conveyance system from spills, dumping or disposal of materials other than stormwater, and by reducing pollutants in urban stormwater discharges to the maximum extent practicable. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.), Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.) and any subsequent amendments thereto and to assure compliance with the conditions set forth by

the National Pollution Discharge Elimination System (NPDES) as requirements of stormwater discharge permits.

(Ord. No. 1905, § 1, 6-3-2015)

The following words, when used in this chapter, shall have the following meanings unless the context clearly indicates or requires a different meaning:

"Basin plan" means the water quality control plan for San Joaquin River Basin adopted by the Central Valley Regional Quality Control Board, Central Valley Region.

"Best management practices (BMP)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the stormwater pollution prevention plan (SWPPP) to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States (33 CFR Section 328.3). "Best management practices" also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. BMPs are required to be implemented and maintained in a manner that is consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.

"City" means the city of Lodi.

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"Construction activity" includes any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to stormwater. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Development" means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single- or multi-family planned unit development or the building or placement of any structure or portion thereof); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction. "Development" includes excavation and grading.

"Employee training program" means a documented employee training program which may be required to be implemented by a business pursuant to a stormwater pollution prevention plan for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system.

"Enforcement agency" means the city through its public works department.

"Enforcement official" means the public works director or his or her designee or any agent of the city authorized to enforce compliance with this chapter.

"Hazardous waste" means any material, including any substance, waste or combination thereof, that because of its quality, 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 Section 25117).

"Illegal discharge" means any discharge to the stormwater conveyance system that violates this chapter, or is prohibited by federal, state, or local laws, or which degrades the quality of receiving waters in violation of any plan standard.

"Illicit connection" means any physical connection to the stormwater conveyance system which is not authorized by the city or the Regional Water Quality Control Board Central Valley Region.

"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, man-made channels, or storm drains) that are owned or operated by a state, city, town, or special districts that discharges into waters of the United States.

"National pollution discharge elimination system (NPDES) permit" means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370) to control discharges from point sources to waters of the United States.

"Noncommercial vehicle washing" means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.

"Non-stormwater discharge" means any discharge to the stormwater conveyance system that is not entirely composed of stormwater.

"Order" means current Regional Water Quality Control Board Order or general permit which applies to the city together with all amendments.

"Person" means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.

"Plan standard" means any or all applicable requirements of the basin plan or any other approved plan.

"Pollutant" means any contaminant which can degrade the quality of the receiving water in violation of any plan standard or National Pollution Discharge Elimination System (NPDES) permit.

"Premises" means any building, lot, parcel, land or portion of land whether improved or unimproved.

"Public works director" means the director of the city, public works department or his or her designee.

"Receiving waters" means surface bodies of water, including creeks, canals, and rivers, which serve as discharge points for the stormwater conveyance system.

"Stormwater" means surface runoff and drainage associated with storm events which is free of pollutants to the maximum extent practicable.

"Stormwater conveyance system" means those artificial and natural facilities within the city, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, alleys, catch basins,

pumps, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, sand and oil separators, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

"Stormwater pollution prevention plan (SWPPP)" means a document which describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, construction project, or city to eliminate non-stormwater discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the stormwater conveyance system.

"Surface water" means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.

"User" means any person that discharges, causes or permits the discharge of stormwater into the conveyance system.

"Watercourse" means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation rivers, creeks, canals, runs, and rivulets.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in the definitions of this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation.

(Ord. No. 1905, § 1, 6-3-2015)

In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, that requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. No. 1905, § 1, 6-3-2015)