Mountain House Municipal Code Ch. 4 Requirements

(a) Authorization to Adopt and Impose Best Management Practices (BMPs). The City may adopt requirements identifying best management practices 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 United States. Where best management practice 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 a waters of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

(b) New Development and Redevelopment. The City may adopt requirements identifying appropriate design standards and best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and 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 building permits as required in this Division.

(c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b) of this section, any person 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 United States shall implement best management practices 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 watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(d) Stormwater Treatment System Access and Maintenance Agreements. All structural and nonstructural permanent stormwater BMPs not in the control of the City shall have an enforceable Stormwater Treatment System Access and Maintenance Agreement to ensure the system functions as designed. The agreement shall include any and all maintenance easements required to access and inspect the stormwater BMPs, and to perform routine maintenance as required. Such agreements shall specify the parties responsible for the proper maintenance of all stormwater BMPs.

(Ord. 2024-23, § 1(Exh. A), 2024)

The Stormwater Management and Discharge Control Officer may require by written notice that a person responsible for an illegal discharge immediately, or by a specific date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. 2024-23, § 1(Exh. A), 2024)

Every person owning property through which a watercourse passes, and such person'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 and 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 and lessee shall not remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within the property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

(Ord. 2024-23, § 1(Exh. A), 2024)

Whenever the Stormwater Management and Discharge Control Officer finds that a discharge of pollutants is taking place or has occurred which will result or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the Stormwater Management and Discharge Control Officer may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any area of land, not covered by an impervious surface, from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be landscaped and stabilized per City Standards or an approved SWPPP within sixty (60) calendar days from the substantial completion of such clearing and construction, unless otherwise allowed by the Stormwater Management and Discharge Control Officer. Impervious material is prohibited if the percentage of impervious material on any property exceeds the impervious limits set in the Mountain House Master Plan for the size and type of said property, unless specifically authorized by other code. Impervious materials includes, but is not limited to, concrete and rocks replacing vegetation and the plastic placed under decorative rock, bark, or other landscape covers.

Residential single-family dwellings are exempt from this requirement in back yards where stormwater is contained on the property.

(Ord. 2024-23, § 1(Exh. A), 2024)

The Stormwater Management and Discharge Control Officer may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, undertake at the person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) 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 United States from the facility, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(b) In the event of such a release of a hazardous material such person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). The San Joaquin County Office of Emergency Services shall be notified of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan, as long as notification can be provided without substantially impeding cleanup or other emergency measures.

(c) In the event of a release of non-hazardous materials, such person shall notify the Authorized Enforcement Official 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 Stormwater Management and Discharge Control Officer within three (3) 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 (3) years.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any person subject to an Industrial NPDES stormwater discharge permit shall maintain a spill prevention and response plan as part of their stormwater pollution prevention plan (SWPPP). The methods, procedures, mechanisms and facilities established and utilized for the purpose of preventing accidental discharges or spills of materials with pollution potential shall be provided and maintained at the owner's or user's own cost and expense. The SWPPP shall outline the user's spill prevention and response procedure, describe the nature and location of any chemicals stored on the user's premises, and shall contain procedures for immediately notifying the City and preventing adverse impacts of any discharge of chemicals, substances, or materials.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any construction of public storm drain systems and private storm drain systems connecting to or affecting the City storm drain system and appurtenances shall conform to the current City Standard Specifications and Details in effect at time of construction.

(Ord. 2024-23, § 1(Exh. A), 2024)

The BMP's identified in the City's Stormwater Management Program shall be implemented by all parties at the time of connection to or discharging into the City's storm drain system. BMPs are required to be implemented and maintained in a manner that is consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbook.

(Ord. 2024-23, § 1(Exh. A), 2024)

When the Mountain House Master Restrictions and this Division are in potential conflict in regards to storm drainage and discharge control, the stricter requirements shall be enforced.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) All new developments or redevelopments shall install City approved stormwater decontamination filters in storm drain catch basins or in-line of storm drain pipelines prior to connecting or affecting the City's storm drain system. In lieu of installing decontamination units, the developer shall pay NPDES Point Source Fee in the amount listed in the current City's annual fee schedule.

(b) All new developments or redevelopments catch basins connected to the City's storm drain system shall have the City's standard "No Dumping" signs installed.

(c) All new developments will enter Maintenance Agreements with the City for the long-term maintenance of the stormwater BMPs. Privately owned developments shall maintain and operate BMP's as long as private storm drainage system is connected to and drains to the City storm drain system.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) All parties connecting to or discharging into the City's storm drain system shall obtain a permit from the Stormwater Management and Discharge Control Officer prior to connecting to the City's storm drain system. The prospective permittee shall pay for all fees prior to obtaining a permit to connect for each parcel and for each point of connection if there is more than one point of connection for any given parcel. The fees to connect shall be the amount stated in the current City's annual fee schedule.

(b) Any person who uncovers, makes any connection with or opens into, uses, alters or disturbs any storm drain system or appurtenances, thereof without obtaining a written permit from the Stormwater Management and Discharge Control Officer is in violation of this Division and shall be subject to enforcement proceedings as described herein and to the maximum extent allowed by law.

(Ord. 2024-23, § 1(Exh. A), 2024)

If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. 2024-23, § 1(Exh. A), 2024)