Monterey Municipal Code Div. 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 storm water, the storm drain system, waters of the state or U.S. Where BMPs 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.

The Director will periodically report to the City Council on the status of implementation of existing BMP regulations and any new BMP regulations to be developed for inclusion in the NPDES General Permit.

b. New Development and Redevelopment.The City shall require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects required by the NPDES General Permit, Regional Board Resolution No. R3-2013-0032, and per subsequent amendments thereto, to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and/or construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required in this Article, the NPDES General Permit and as amended thereto, and the City Storm Water Utility Ordinance, Chapter 31.5, Article 1.

These requirements may include a combination of structural and non-structural BMPs, and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs, including but not limited to an agreement with the City to perform regular inspections, maintenance and annual documentation of these activities, as well as provide for right of entry by City staff or designee to ensure compliance with the requirements of this Article or enforcement with any provision of this Article or the NPDES General Permit.

c. Construction Sites.BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the NPDES General Permit and as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system.

d. Responsibility to Implement Best Management Practices.Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a), (b) and (c) of this section, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the state or U.S. 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 municipal storm drain system, or waters of the state or U.S. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense. (Ord. 3519 § 6, 2015; Ord. 3493 § 7, 2014)

Notwithstanding the requirements of §31.5-22 herein, the Director 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.

a.The Director may require by written notice that a person or entity responsible for an illicit connection to the Storm Drain System comply with the requirements of this Article to eliminate or secure approval for the illicit connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of this Article.

b.If, subsequent to eliminating a connection found to be in violation of this Article, 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.

a.Every person or entity owning property through which a watercourse passes, or such owner’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or such owner’s lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

b.Watercourse protection shall be identified in the development planning stage of real property by the person or entity owning the property through which a watercourse passes, in order to retain creeks, wetlands, and riparian areas that provide habitat, and to remediate degraded water quality. Such considerations include, but are not limited to, preservation and setbacks from creeks, wetlands, and riparian habitats in compliance with applicable local, state, and federal laws and regulatory permit authorities, such as U.S. Army Corps of Engineers, Regional Board, SWRCB, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Association (NOAA) Monterey Bay National Marine Sanctuary, and in conformance with low impact development site assessment and design standards of the NPDES General Permit and Regional Board Resolution No. R3-2013-0032, and as amended thereto. (Ord. 3519 § 7, 2015)

Whenever the Director finds that a discharge of Pollutants is taking place or has occurred which will result in or has resulted in Pollution of Storm Water, the Storm Drain System, or water of the U.S., the Public Works Director 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 §§31.5-24 through 31.5-26 below. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

The Director 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 storm water pollution, illegal discharges, and/or non-storm water 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 Monterey as deemed necessary to determine compliance with this Article.

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 storm water, the Storm Drain System, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup 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 Department of Plans and Public Works 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’s Engineering Division, Plans and Public Works 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 and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 3424 § 1, 2009)