Mission Viejo Municipal Code Div. 1 Purpose, Findings, and Definitions

This chapter shall be known as and may be cited as the "City of Mission Viejo Water Quality Code."

(Ord. No. 10-285, § 1, 12-6-10)

(a) The United States Congress passed the Clean Water Act [33 USC § 1251 et seq., as amended, including § 402(p) therein] as a mandate, in part, that municipal separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable. . . ." This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the state, which has authorized the State Water Resources Control Board and its local regulatory agencies, the regional water quality control boards, to control nonpoint source discharges to California's waterways.

(b) The Santa Ana and San Diego regional water quality control boards have addressed the obligation to implement the Clean Water Act by issuing waste discharge requirements governing runoff for the County of Orange, Orange County Flood Control District and the incorporated cities of Orange County. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System Permit or "NPDES permits."

(c) The city is participating as a "co-permittee" under the NPDES permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.

(d) Runoff is one step in the cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.

(e) The city is authorized by article XI, §§ 5 and 7, of the State Constitution to exercise the police power of the state by adopting regulations promoting the public health, public safety and general prosperity.

(f) The city has determined that a legitimate local purpose is present in complying with the provisions of its NPDES permit issued by the San Diego Regional Water Quality Control Board for waste discharge requirements for discharges of runoff from the city's municipal separate storm sewer system.

(g) A reduction in stormwater-borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.

(h) The land use authority exercised by the City pursuant to California Government Code § 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land.

(i) This chapter conforms to the policies and goals of the general plan adopted by the city pursuant to California planning and zoning law, for the protection of the portions of watersheds located within Orange County by implementing measures to control erosion and prevent the pollution of streams and other waters.

(j) The Subdivision Map Act, California Government Code § 66411, authorizes the city to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval.

(k) California Constitution article XI, § 7; and Government Code § 38660 authorize the city to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property.

(l) Government Code § 38771 authorizes the city to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.

(m) The city may commence civil actions, pursuant to Federal Clean Water Act § 505(a), against any person or any governmental agency acting in violation of any condition of the NPDES permit.

(n) All industrial dischargers subject to the provisions of the waste discharge requirements for discharges of stormwater associated with industrial activities excluding construction activities permit (state industrial general permit) and the National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with construction and land-disturbance activities (state construction general permit) (referred to collectively herein as the "state general permits") must comply with the lawful requirements of the city, which regulate discharges of stormwater to the storm drain system within its jurisdiction.

(o) All industrial dischargers subject to the provisions of the state general permits are required to maintain stormwater pollution prevention plans on site and make them available to the city for inspection.

(p) All dischargers subject to the provisions of the state construction general permit may be required by the city, with the concurrence of the San Diego Regional Water Board, to amend any stormwater pollution prevention plan.

(q) All industrial dischargers subject to the provisions of the state industrial general permit are required to maintain a description of the required monitoring program on site and make it available to the city for inspection.

(r) The city has jurisdiction over certain stormwater facilities and other watercourses within the city, and the water discharges into these facilities may be subject to the provisions of the state industrial general permit; accordingly, the city may certify (but is not required to certify) in writing that regulated dischargers have developed and implemented effective stormwater pollution prevention plans and should not be required to collect and analyze stormwater samples for pollutants.

(s) The city has jurisdiction over certain stormwater facilities and other watercourses within the city, and these facilities may receive discharges from properties and activities regulated under the provisions of the state general permits, and city may request that the regulated dischargers furnish information and records necessary to determine compliance with the state general permits.

(t) The city has jurisdiction over certain stormwater facilities and other watercourses within the city, and these facilities may receive discharges from properties and activities regulated under the provisions of the state general permits, and city may, upon presentation of credentials and other documents required by law:

(i) Enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the state general permits,

(ii) Access and copy, at reasonable times, any records that must be kept under the conditions of the state general permits,

(iii) Inspect, at reasonable times, any facility or equipment related to or impacting stormwater discharge, and

(iv) Sample or monitor for the purpose of ensuring compliance with the state general permits.

(u) The enacting of this chapter is a condition of the NPDES permit, the requirements of which are exempt from the California Environmental Quality Act pursuant to Public Resources Code § 21000, including, but not limited to, [§§] 21083 and 21084 et seq. ("CEQA"); and

(v) This chapter is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA guidelines, respectively, title 14, California Code of Regulations §§ 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322.

(w) The purpose of this chapter is to participate in the improvement of water quality and comply with federal requirements for the control of urban pollutants to runoff, which enters the network of storm drains throughout Orange County.

(Ord. No. 10-285, § 1, 12-6-10)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:

Authorized inspector shall mean the director of public works and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.

Best management practices or BMPs shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the storm drain system. Best management practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter.

City shall mean the City of Mission Viejo, Orange County, California.

City manager shall mean the City Manager of the City of Mission Viejo or his or her designee.

Co-permittee shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the 34 municipalities, including the city, which are responsible for compliance with the terms of the NPDES permit.

DAMP shall mean the Orange County Drainage Area Management Plan, including the cities' adopted local implementation plans (LIPs), as the same may be amended from time to time by the director.

Development project guidance shall mean DAMP chapter 7 and the appendix thereto, titled Model Water Quality Management Plan, as the same may be amended from time to time.

Discharge shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semisolid or solid substance.

Discharge exception shall mean the group of activities not restricted or prohibited by this chapter, including only:

(1) Discharges composed entirely of stormwater;

(2) Discharges authorized by current EPA or regional water quality control board-issued NPDES permits, state general permits, or other waivers, permits or approvals granted by a government agency with jurisdiction over such discharges;

(3) Stormwater discharges from property for which best management practices set forth in the development project guidance and LIPs are being implemented and followed;

(4) Discharges to the stormwater drainage system from:

a. Diverted stream flows;

b. Rising groundwaters;

c. Infiltration to MS4s of groundwater uncontaminated by sewage;

d. Uncontaminated pumped groundwater;

e. Foundation drains;

f. Springs;

g. Water from crawl space pumps;

h. Footing drains;

i. Air conditioning condensation;

j. Flows from riparian habitats and wetlands;

k. Water line flushing, except for fire suppression sprinkler system maintenance and testing discharges. If any discharges that fall within this exception are subject to state or regional water quality control board permits or local ordinances, they are exempt only if the discharger is in compliance with said permits or local ordinances;

l. Potable water sources, except to the extent such discharges are subject to but not in compliance with general permits issued by the state or regional water quality control board or other local ordinances;

m. Individual residential car washing;

n. Dechlorinated swimming pools; or

o. Emergency firefighting activities.

(5) Discharges authorized pursuant to a permit issued under section VIII hereof;

(6) Stormwater discharges for which the discharger has reduced to the maximum extent practicable the amount of pollutants in such discharge; and

(7) Discharges authorized pursuant to federal or state laws or regulations. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.

Director shall mean the director of public works, city engineer, or the director's duly delegated designee.

Enforcing attorney shall mean the city attorney or district attorney acting as counsel to the city and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the district attorney and/or city attorney, or his/her designee, shall act as the enforcing attorney.

EPA shall mean the Environmental Protection Agency of the United States.

Hearing officer shall mean the city manager or his/her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

Invoice for costs shall mean the actual costs and expenses of the city, including, but not limited to, administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to division 4 or where a notice of noncompliance, administrative compliance order or other enforcement option under division 5 is utilized to obtain compliance with this chapter.

Illicit connection shall mean any manmade conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made and otherwise authorized under applicable state and federal law.

Legal nonconforming connection shall mean connections to the stormwater drainage system existing as of the adoption of this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit by the city.

Local implementation plan (LIP) shall mean the city's adopted plan for implementation of the NPDES permit, as may be amended from time to time, and shall be posted on the city's website for public viewing.

New development shall mean all public and private residential (whether single-family, multiunit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit including building permits issued for tenant improvements, or nonresidential plumbing permit is required.

Nonresidential plumbing permit shall mean a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than stormwater, potable water, reclaimed water or domestic sewage.

NPDES permit shall mean the currently applicable municipal discharge permit or order, issued by the regional water quality control board, San Diego region or State Water Resources Control Board, which establishes waste discharge requirements and required controls applicable to stormwater runoff in the city.

Person shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

Pollutant shall mean any liquid, solid or semisolid substances, or combination thereof, including and not limited to:

(1) Artificial materials (such as floatable plastics, wood products or metal shavings);

(2) Household waste (such as food waste, human consumable liquids excepting potable water, trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);

(3) Metals and nonmetals, including compounds of metals and nonmetals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;

(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);

(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;

(7) Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);

(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

(9) Materials which contain base/neutral or acid extractible organic compounds;

(10) Those pollutants defined in § 1362(6) of the Federal Clean Water Act; and

(11) Any other constituent or material, including, but not limited to, pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.

Prohibited discharge shall mean any discharge which contains any pollutant, from public or private property to:

(1) The stormwater drainage system;

(2) Any upstream flow, which is tributary to the stormwater drainage system;

(3) Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or

(4) Any coastal harbor, bay, or the Pacific Ocean.

The term prohibited discharge shall not include discharges allowable under the discharge exception.

Significant redevelopment shall mean the rehabilitation or reconstruction of public or private residential (whether single-family, multiunit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.

State general permit shall mean either the waste discharge requirements for discharges of storm water associated with industrial activities excluding construction activities permit (state industrial general permit) or the National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with construction and land disturbance activities (state construction general permit) and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency (EPA) revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.

Stormwater drainage system shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

(Ord. No. 10-285, § 1, 12-6-10; Ord. No. 17-324, § 20, 9-12-17; Ord. No. 19-328, § 3, 5-14-19)