Pacifica Municipal Code Art. 1 Title, Purpose and General Provisions

This chapter of the Pacifica Municipal Code shall be known as the "City of Pacifica's Storm Water Management and Discharge Control Ordinance" and may be so cited and referred to as the chapter.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

The purpose of this chapter is: to protect water resources and to improve water quality; to set forth uniform requirements and prohibitions for discharges and places of discharge into the storm water system and receiving waters necessary to enforce and administer all federal and state laws, legal standards, and orders that provide for the protection, enhancement and restoration of water quality. Through a program that balances environmental and economic considerations, the City seeks to protect and promote the public health, safety and general prosperity of its citizens with the implementation of the following objectives:

(a) To comply with all federal and state laws, standards, and orders applicable to storm water and urban runoff pollution control;

(b) To prohibit illicit discharges to the storm water system;

(c) To reduce non-storm water discharge to the storm water system to the maximum extent practicable;

(d) To reduce pollutants in storm water discharges to the maximum extent practicable; and

(e) To establish requirements for the management of storm water flows from development projects.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

(a) Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulation.

(1) "Discharge" means any addition of any pollutant to navigable waters from any point source, or by any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(2) "Illicit discharge" means any discharge to the City storm water system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. Illicit discharges include all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are exempted by the NPDES permit or granted a special waiver or exemption by the Regional Water Quality Control Board and discharges resulting from firefighting and other emergency response activities.

(3) "Pollutant" means any "pollutant" defined in Section 502(b) of the Clean Water Act or incorporated into Section 13373 of the California Water Code. Pollutants may include, but are not limited to, the following:

A. Commercial and industrial waste such as trash, litter, fuel, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge;

B. Metals such as cadmium, lead, zinc, silver, nickel, chromium, copper and nonmetals such as phosphorus and arsenic;

C. Petroleum hydrocarbons such as oil, fuels, lubricants, surfactants, waste oils, solvents, coolants and grease;

D. Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving water, flora or fauna of the state;

E. Animal wastes such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities; and

F. Substances having characteristics of a pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, fecal streptococcus, or enterococcus.

(4) "Pollution" means the man-made or man-induced alteration of the chemical, physiological, biological or radiological integrity of water.

(5) "Storm water" or "stormwater" means storm water runoff and surface runoff and drainage.

(6) "Authorized enforcement official" means the City Manager or his/her designee is hereby authorized to enforce the provisions of this chapter.

(7) "Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(8) "City" means the City of Pacifica.

(9) "City storm water system" or "City stormwater system" includes, but is not limited to, those facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage system, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

(10) "Clean Water Act" means the Federal Water Pollution Control Act enacted in 1972 by Public Law 95-200 and amended by the Water Quality Act of 1987 and any additional amendments and regulations promulgated under the Act.

(11) "Construction activity" means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, stockpiling and excavation. Construction activity does not include routine maintenance to maintain original line and grade, nor does it include emergency construction activities required to protect public health and safety.

(12) "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development), industrial, commercial, retail or other non-residential projects, including public agency projects and any mass grading for future construction.

(13) "Discharge of a pollutant" means:

(i) The addition of any pollutant or combination of pollutants to waters of the United States from any point source; or

(ii) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or floating craft which is being used as a means of transportation.

The term includes additions of pollutants to waters of the United States from surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances leading to a privately owned treatment works.

(14) "National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307, 402, 318 and 405 of the Clean Water Act.

(15) "NPDES permit" means a permit issued by the U.S. EPA, State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge.

(16) "Non-storm water discharge" or "non-stormwater discharge" means any discharge that is not entirely composed of storm water except those noted within an NPDES permit and this chapter.

(17) "Premises" means any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks, parking strips, street, curb and gutter.

(18) "Storm water pollution prevention plan" means a plan identifying potential pollutant sources and describing design, placement and implementation of BMPs, to effectively prevent non-storm water discharges and reduce pollutants of storm water discharges.

(19) "Watercourse" means a natural stream, creek, earthen or concrete swales or ditches, natural or man-made uncovered channel through which water flows continuously or intermittently.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

This chapter shall be administered for the City by the City Manager or his/her designee. The City Manager may delegate his/her powers or duties under this article to a designated employee or employees of the City.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS612008 and any amendment, revision or reissuance thereof. This chapter shall not be construed as the exclusive authority governing implementation of the aforementioned law, regulations and NPDES permit.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)