Lompoc Municipal Code Art. III Regulations and Requirements

A. Authorization to Adopt and Impose Best Management Practices. The City may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the State. Where BMP requirements are promulgated by the City or any Federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

B. New Development and Redevelopment. Any property owner or person proposing to develop or redevelop real property within the City limits shall comply with the current applicable provisions of the City's Low Impact Development/Hydromodification Guidelines and/or requirements.

C. Construction Sites. BMPs to reduce stormwater pollution resulting from active construction sites shall be incorporated into conditions of approval on any discretionary proposal for development. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements, as required by the City.

D. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to Subsections A, B and C, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the State, shall implement BMPs, to the extent they are technologically achievable, to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the City's storm drain system or waters of the State. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(Ord. 1568(10) § 1)

Notwithstanding the requirements of Section 13.32.180 herein, the City may require by written notice that a person or entity responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

If the discharge originates from private property, the property owner may be held responsible for the illegal discharge, and any clean-up charges, including in cases where the discharge was caused by another person.

(Ord. 1568(10) § 1)

A. The City may require by written notice that a person or entity responsible for an illegal connection to the storm drain system comply with the requirements of this Chapter to eliminate or secure approval for the illegal connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of the ordinance codified in this Chapter.

B. If, subsequent to eliminating a connection found to be in violation of this Chapter, the responsible person or entity can demonstrate that an illegal discharge will no longer occur, said person or entity may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible party's expense.

(Ord. 1568(10) § 1)

Whenever the City finds that a discharge of pollutants is taking place, or has occurred, which could result in, or has resulted in, pollution of stormwater, the storm drain system, or waters of the State, the City may require by written notice to the owner of the property and/or the responsible person or entity, that the pollution be remediated and the affected property restored within a specified time, pursuant to the provisions of Sections 13.32.200 through 13.32.220. Such remediation and restoration shall be accomplished at the sole expense of the discharger.

(Ord. 1568(10) § 1)

The City may require by written notice that any person or entity engaged in any activity and/or owning or operating any facility, which may cause or contribute to stormwater pollution, illegal discharges, and/or nonstormwater discharges to the storm drain system or waters of the State, to undertake at said person's or entity's expense such monitoring and analyses and furnish such reports to the City of Lompoc, as deemed necessary to determine compliance with this Chapter.

(Ord. 1568(10) § 1)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the State from said facility, said person shall take all necessary steps to ensure the discovery, containment, and clean-up of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the City's Community Development Department in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Community Development Department, within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge, measures taken to ensure its proper clean-up and disposal, and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. 1568(10) § 1)