§ 9.30

This chapter shall be known as the "storm water management and discharge control ordinance" of the city of Pacific Grove and may be so cited. (Ord. 07-002 § 2, 2007)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq., as amended from time to time) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting nonstorm water discharges to the storm drain system. This chapter shall provide a comprehensive and integrated plan to regulate urban storm water quality management and discharge control. (Ord. 07-002 § 2, 2007)

The terms used in this chapter shall have the following meanings:

"Best management practices" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of nonstorm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. The city may adopt and amend, from time to time, its BMP guidance series, as discussed further in PGMC § 9.30.130 herein, to define specific requirements imposed in conjunction with the term "best management practices." The term "BMP" shall have the same definition as the term "best management practices."

"City" means the city of Pacific Grove.

"Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq., as it may be amended from time to time).

"Construction activity" means construction projects subject to National Pollutant Discharge Elimination System (NPDES) construction permits or industrial permits. Such construction activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

"Hazardous material" means 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,

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City of Pacific Grove, CA § 9.30.030

PACIFIC GROVE CODE

§ 9.30.030

transported, disposed of, or otherwise managed.

"Illegal discharge" means any direct or indirect nonstorm water discharge to the storm drain system, except as exempted in PGMC § 9.30.090.

Illicit Connection. An "illicit connection" is defined as either of the following:

• (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any nonstorm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

• (b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system, which has not been documented in, plans, maps, or equivalent records and approved by the city.

"Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14), as it may be amended from time to time.

"National Pollutant Discharge Elimination System (NPDES) storm water discharge permit" means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity and general industrial activity permits.

"Nonstorm water discharge" means any discharge to the storm drain system that is not entirely composed of storm water.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

"Pollution" means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

"Public works director" means the public works director of the city shall refer to the incumbent, and shall include any delegated agent of the public works director.

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq., as it may be amended from time to time).

"Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Storm drain system" means publicly owned facilities operated by the city by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and

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City of Pacific Grove, CA

HEALTH

§ 9.30.030

§ 9.30.080

detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR 122.2, as it may be amended from time to time.

"Storm water" means any surface flow, runoff, and drainage consisting entirely of water from rain storm events.

"Waters of the United States" means surface watercourses and water bodies as defined at 40 CFR 122.2 (as it may be amended from time to time) 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 storm water at and during all times and seasons.

(Ord. 07-002 § 2, 2007; Ord. 09-005 § 14, 2009)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city. (Ord. 07-002 § 2, 2007)

The public works director of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the public works director may be delegated in writing by the public works director to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 07-002 § 2, 2007)

The provisions of this chapter are declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 07-002 § 2, 2007)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. (Ord. 07-002 § 2, 2007)

The standards set forth and promulgated in this chapter are minimum standards. This chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from discharger's reliance on this chapter or any administrative decision made under its provisions. All persons undertaking construction activities shall employ, to the maximum extent practicable, erosion prevention and construction site management practices

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 9.30.080

§ 9.30.080

that ensure discharges do not cause or contribute to an exceedence of water quality standards contained in a statewide water quality control plan, the California Toxics Rule, or the Central Coast Regional Water Quality Control Board Basin Plan. (Ord. 07-002 § 2, 2007)

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City of Pacific Grove, CA

HEALTH

§ 9.30.090

§ 9.30.090