Lompoc Municipal Code § 13.32.010 Title

This Chapter shall be known as the "Stormwater Quality Management Ordinance" of the City of Lompoc and may be so cited.

(Ord. 1568(10) § 1)

The purpose and intent of this Chapter is to protect water quality and prohibit discharge of pollutants or stormwater containing pollutants to the City's storm drains, including, but not limited to, stormwater classified as "authorized non-stormwater discharges" (General Permit Section D.2.c), or authorized by a separate NPDES permit.

(Ord. 1568(10) § 1)

For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Best Management Practices" ("BMPs")

mean activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the City's storm drain system or the Santa Ynez River and its floodway. Best Management Practices include, but are not limited to: treatment facilities; operating and maintenance procedures; facility management practices; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.

"City"

means the City of Lompoc, or the City Council of the City of Lompoc.

"Clean Water Act"

means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.

"Commercial activity"

means activity involving the storage, transportation, distribution, exchange or sale of goods and/or commodities, or provision of services.

"Construction sites"

mean sites where activities, including, but not limited to, clearing and grubbing, grading, excavating, demolition, new construction, reconstruction, additions or remodeling of any structure or property are being performed.

"Contamination"

means contamination as defined in the California Water Code Section 13050(k).

"Discharge"

means release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.

"Discharger"

means any person who discharges any treated or untreated sewage, industrial waste, other waste or Pollutants, or Stormwater containing Pollutants into any of the waters of the State.

"Hazardous materials"

mean 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.

"Illegal discharge"

means direct or indirect non-stormwater discharge to the Storm Drain System, except as exempted in Section 13.32.090(V) of this Chapter.

"Illegal connection"

is defined as any drain or conveyance, not constructed with the benefit of permits, 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, process wastewater, 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 said drain or connection had been previously allowed, permitted, or approved by a government agency, prior to the adoption of the ordinance codified in this Chapter.

"Industrial activity"

means activity subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).

"Infiltration"

means water other than wastewater that enters the storm drain system from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.

"Inflow"

means water, other than wastewater, that enters the storm drain system from sources such as, but not limited to, unpolluted stormwaters and surface runoff, runoff from roof gutters, drainage from springs and vegetated swampy areas, infiltration swales, basins, and rain gardens. Inflow does not include, and is distinguished from, infiltration.

"Person"

means an individual, association, partnership, corporation, municipality, State or Federal Agency, commission, political subdivision of a State, any interstate body, or an agent or employee thereof.

"National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits"

mean general, group, and individual stormwater discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. The California State Water Resources Control Board and the Central Coast Regional Water Quality Control Board (Regional Board) have adopted general stormwater discharge permits, including, but not limited to, the General Construction Activity and General Industrial Activity permits.

"Non-stormwater discharge"

means any discharge to the Storm Drain System that is not composed entirely of stormwater.

"Nuisance"

means that definition ascribed to nuisance by California Water Code Section 13050(m).

"Pollutant"

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

"Pollution"

means the alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. Pollution also includes Contamination. (California Water Code Section 13050(l)(1)).

"Porter-Cologne Act"

means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

"Premises"

means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.

"Remediation"

means the abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and water quality.

"Storm drain system"

means publicly-owned facilities operated by the City, by which stormwater is collected and/or conveyed, including, but not limited to, streets, alleys, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, and other drainage structures which are within the City, or on City property, and are not part of a publicly owned treatment works as defined at 40 CFR Section 403.3(q).

"Stormwater"

means surface flow, runoff, or drainage consisting entirely of water from precipitation.

"Waters of the state"

mean surface watercourses and water bodies, as defined at California Water Code Section 13050, 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. 1568(10) § 1)

This Chapter, including any amendments or revisions thereto, shall apply to all properties within or owned by the City of Lompoc and all surface waters within the City of Lompoc that could enter the City of Lompoc's storm drain system or directly flow into the Bailey Wetlands, unnamed wetlands or vernal pools, the Santa Ynez River and/or their 30-foot riparian buffers. The provisions and requirements of this Title shall take effect and be in force 30 days after the date of its final passage by the City Council.

(Ord. 1568(10) § 1)

The City Manager of the City of Lompoc shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed may be delegated by the City Manager to City staff in appropriate City Departments and Divisions. The City Manager may delegate powers or duties imposed, in writing, to persons or entities acting on behalf of the City.

(Ord. 1568(10) § 1; Ord. 1673(20) § 42)

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter.

(Ord. 1568(10) § 1)

This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any amendments thereto, or any applicable implementing regulations.

(Ord. 1568(10) § 1)

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the state caused by said person. This Chapter shall not create liability on the part of the City, or any agent or employee thereof for any damages that result from any discharger's reliance on this Chapter or any administrative decision lawfully made thereunder.

(Ord. 1568(10) § 1)