8.20 — STORMWATER MANAGEMENT

• A. The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (NPDES) requirements to stormwater and urban runoff discharge into the city storm drain system.

• B. The State Water Resources Control Board is authorized by the United States Environmental Protection Agency to administer the NPDES program within the state. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) provides authority for the state NPDES program, including provisions to issue NPDES permits and waste discharge requirements to regulate discharges of storm-water to waters of the state.

• C. Due to amendments to the Clean Water Act, the USEPA developed a Phase I and a Phase II program requiring municipalities to develop and implement stormwater pollution management programs. Smaller municipalities and contiguous areas with small, but still urban, communities come under the Phase II regulations of the state board's small MS4 general permit, where MS4 stands for "municipal separate storm sewer system." The city falls under the Phase II regulations, which require coverage under the small MS4 general permit.

• D. The small MS4 general permit requires the city to effectively prohibit nonstormwater discharges from within the city's small MS4 general permit area into the city storm drain system except as otherwise permitted by law.

• E. The city finds in this regard that the provisions of this chapter are necessary to provide the city with the legal authority necessary to implement and otherwise comply with the requirements of the small MS4 general permit and to protect the waters of the state for the benefit of its people and the environment.

• (Ord. 1807 § 1, 2015)

• A. This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the city to exercise the police power of the state by adopting regulations promoting the public health, public safety, and the general welfare of its citizens. The purpose and intent of this chapter is to protect and enhance the water quality of watercourses and water bodies within the small MS4 permitted area of the city in a manner consistent with the Clean Water Act, the Porter-Cologne Water Quality Control Act, and the small MS4 permit, by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting nonstormwater discharges from entering the storm drain system.

• B. It is the intent of the city in adopting this chapter to provide the city with the legal authority to accomplish the following goals within the small MS4 permitted area:

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

HEALTH AND SAFETY

§ 8.20.020

§ 8.20.030

1. To benefit the people and environment of the city by protecting water quality in waters of the state;

2. To reduce the discharge of pollutants in stormwater to the maximum extent practicable, whether those discharges are made to the city storm drain system, or directly to natural surface waters;

3. To effectively prohibit nonstormwater discharges into the city storm drain system or to natural surface waters;

4. To establish requirements for stormwater management, including source controls and best management practices, for development, redevelopment, construction, postconstruction, industrial, and municipal activities;

5. To comply with the requirements of the Clean Water Act, the Porter-Cologne Water Quality Control Act, and the small MS4 general permit as they apply to the discharge of pollutants into and from the city storm drain system;

6. To provide for the recovery of regulatory costs incurred by the city in the implementation of this chapter or its stormwater management program, including, but not limited to, enforcement activities, compliance assistance, inspections, investigations, sampling and monitoring; and

7. To establish appropriate enforcement procedures and penalties for violations of the provisions of this chapter.

• (Ord. 1807 § 1, 2015)

Certain words and phrases defined in this chapter shall have the meanings set forth herein. Additional defined terms used in this chapter shall have the meanings set forth below unless the context clearly indicates otherwise.

"Administrator" shall mean the director of community development and public works and his or her designees.

"Best management practices" (BMPs) shall mean schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly into stormwater conveyance systems, receiving waters or natural surface waters. BMPs shall also include structural controls, treatment practices, source controls, training requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

"City" shall mean the City of Oroville.

"City storm drain system" shall mean those public man-made facilities within the incorporated area of the city that are owned, operated, maintained or controlled by the city by which stormwater may be conveyed to natural surface waters, including, but not limited to, any roads with drainage systems, municipal streets, curbs, gutters, catch basins, water quality basins, detention basins, constructed wetlands, artificial channels, aqueducts, ditches, altered drainage channels, reservoirs, sumps, pumping stations, storm drain inlets, and storm drains. Included in this definition are watercourses located on private property for which the city council has been offered and has accepted maintenance responsibilities through the execution of a legally

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

OROVILLE CODE

§ 8.20.030

§ 8.20.030

described drainage maintenance easement or other similar instruments accepted by the city council.

"Council" shall mean the Council of the City of Oroville.

"Development" shall mean any activity that moves soils or substantially alters the preexisting vegetated or man-made cover of any land. This includes any activity that may be considered new development or redevelopment consisting of, but not limited to, grading, digging, cutting, scraping, stockpiling or excavating soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed or any activity which exposes soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

"Discharge" shall mean any release, threatened release, or placement of any material into the city storm drain system or natural surface waters, including, but not limited to, stormwater, wastewater, pollutants, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

"Discharger" shall mean any person who discharges, or causes a discharge, either directly or indirectly into the city storm drain system.

"Hazardous materials" shall 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.

"Illicit connection" shall mean any physical connection, including but not limited to any drain or conveyance, to the city storm drain system or natural surface waters, which is not expressly authorized by the city.

"Illicit discharge" shall mean any direct or indirect non-permitted or non-exempt discharge to the city storm drain system or to the natural surface waters that violates this chapter, or a discharge prohibited by federal, state, or local laws, which tends to degrade the quality of natural surface waters.

"Industry" or "industrial activity" shall mean any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a non-profit corporation as defined by the State of California.

"Material" shall mean any substance, including but not limited to, raw materials, finished products, garbage and debris, tobacco, paper wastes, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

"Maximum extent practicable" shall mean a standard for implementation of stormwater management programs to reduce pollutants in stormwater. It is the maximum extent possible taking into account equitable considerations and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.

"National Pollutant Discharge Elimination System permit" or "NPDES permit" shall mean

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

HEALTH AND SAFETY

§ 8.20.030

§ 8.20.030

general, group, and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations promulgated pursuant to the Federal Clean Water Act. The regional board and the state board, as defined below, have adopted general stormwater discharge permits, including but not limited to the general construction activity and general industrial activity permits.

"Natural surface waters" shall mean creeks, natural ponds or lakes, wetlands, rivers, flood diversion channels and irrigation channels and shall include any waters of the state and any waters of the United States contained within the boundaries of the state. "Natural surface waters" shall not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other man-made body of water which do not combine or effect a junction with natural surface waters.

"Nonstormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater.

"Person" shall mean any natural person as well as any corporation, partnership, public agency, 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 the same as defined in Section 502(6). of the Clean Water Act or as incorporated into the California Water Code, subsection 13373, as such code sections may be amended from time to time. Pollutants include, but are not limited to, the following:

1. Materials (including, but not limited to, fuels, solvents, chemicals, detergents, plastic pellets, hazardous substances, radioactive wastes, fertilizers, pesticides, lawn clippings, paints, soot, slag, ash, sludge);

2. Metals and non-metals both soluble and insoluble (including, but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium, chlorine, phosphorous, formaldehyde, glutaraldehyde and arsenic);

3. Petroleum hydrocarbons (including, but not limited to, fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

4. Eroded soils, sediment, saw cut slurry and wastes and residues that result from constructing a building or structure;

5. Animal wastes (including, but not limited to, discharge from confinement facilities, kennels, pens, recreational facilities, and stables);

• Substances having acidic or corrosive characteristics, unusual coloration or turbidity;

• Any domestic or industrial wastewater;

• Any hazardous substances.

The term "pollutant" shall not include uncontaminated stormwater, potable water, groundwater or reclaimed water generated by a lawfully permitted water treatment facility.

"Pollution" shall mean the human-made or human-induced alteration of the quality of waters by pollutants to a degree that causes or contributes to an exceedance of water quality standards contained in the statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable Regional Water Quality Control Board Basin Plan.

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

OROVILLE CODE

§ 8.20.030

§ 8.20.060

"Privately owned watercourses" shall mean any watercourses, including, but not limited to, any other associated drainage structures such as underground pipe, culverts, and drain inlets, that reside within privately owned property and are not owned or maintained by the city.

"Regional board" shall mean the California Regional Water Quality Control Board, Central Valley Region.

"State board" shall mean the state Water Resources Control Board which is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13160 of the California Water Code.

"Stormwater" or "storm water" shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation (such as rain or snow) and resulting from such precipitation.

"Subject activities" shall mean any activities, operations, or facilities which discharge or have the potential to discharge pollutants. A subject activity may be stationary or mobile, provided it generates quantities or concentrations that may cause pollution.

"Threatened prohibited discharge" shall mean any condition or activity that does not currently result in a prohibited discharge but is nevertheless determined by the administrator to be a condition which results in a substantial likelihood of a future prohibited discharge.

"Watercourses" shall mean any channel or depression in which a flow of water occurs, either continuously or intermittently, including above-ground portions of the storm drain system.

"Waters of the state" shall mean all surface waters specified in Code of Federal Regulations (CFR) Section 122.2, 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 or during all times and seasons.

"Waters of the United States" shall have the same meaning as set forth in CFR Section 122.2. (Ord. 1807 § 1, 2015)

The provisions of this chapter shall be applicable to all dischargers and potential dischargers located within the incorporated area of the city within the small MS4 general permit area that discharge either directly or indirectly into the city storm drain system. (Ord. 1807 § 1, 2015)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both. (Ord. 1807 § 1, 2015)

Except as otherwise provided herein, the authority to implement this chapter is vested in the administrator, who shall be responsible for the administration, implementation and enforcement of the provisions of this chapter. Unless otherwise specified herein, any powers granted to or duties imposed upon the administrator may be delegated by the administrator to other city

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

HEALTH AND SAFETY

§ 8.20.060

§ 8.20.070

employees or, upon the approval of the council, to employees of other public agencies. (Ord. 1807 § 1, 2015)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not imply that compliance will ensure that there will be protection from liability including civil penalties or that there will be no contamination, pollution, nor unauthorized discharge of pollutants into natural surface waters or the waters of the United States. This chapter shall not create liability on the part of the city, or any officer or employee thereof for any damages that result from any discharger's reliance on this chapter or any other administrative decision lawfully made thereunder.

(Ord. 1807 § 1, 2015)

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

HEALTH AND SAFETY

§ 8.20.080

§ 8.20.120