Paso Robles Municipal Code Art. I General Provisions

The city council adopts this Chapter based upon the following:

A. The Federal Clean Water Act, the implementing regulations for the National Pollutant Discharge Elimination System (NPDES), and the California Porter-Cologne Water Quality Control Act provide for the regulation and reduction of pollutants discharged to waters of the state and United States by extending NPDES requirements to storm water and urban runoff discharges to and from the storm drain system.

B. The city is required to enroll as a permittee under the State of California's Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ) and the NPDES General Permit No. CAS000004 (general permit). Under the provisions of the general permit, the city is required to possess the necessary legal authority and implement appropriate procedures to regulate the entry of pollutants and non-storm water discharges into the storm drain system.

(Ord. No. 993 N.S. § 1, 7-2-2013)

The purpose of this chapter is to ensure the health, safety and general welfare of citizens, and to 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. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by effectively prohibiting non-storm water discharges to the storm drain system.

(Ord. No. 993 N.S. § 1, 7-2-2013)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in any applicable permit issued by the regional board, as appropriate, as such permits may be amended from time to time.

"Animal waste" includes, but is not limited to, animal fecal material.

"Best management practices (BMPs)" means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States and to prevent or reduce the pollution of waters of the United States. best management practices include but are not limited to: treatment requirements; operating and maintenance practices to control runoff, sludge, waste disposal, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and other such provisions as the City determines appropriate for the control of pollutants.

"CASQA" means California Stormwater Quality Association.

"City" means the city of El Paso de Robles in the county of San Luis Obispo, State of California.

"Clean Water Act (Act)" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

"Council" means the city of El Paso de Robles city council.

"Director" means the city of El Paso de Robles public works director and his or her designees.

"Discharge" means the release or placement, either directly or indirectly, of any substance into or from the storm drain system, including, but not limited to, storm water, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance.

"General permit" means the waste discharge requirements for small municipal separate storm sewer systems (Order No. 2013-0001-DWQ) and the National Pollutant Discharge Elimination System General Permit No. CAS000004, including any amendments thereto or successor permit, issued by the state board under which the city must enroll as a permittee.

"Hazardous materials" or "hazardous substances" 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 or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous materials include, but are not limited to, those specified in California Health and Safety Code, Section 25117 and in 40 C.F.R. part 116.

"Illicit connection" means any of the following:

A. Any conveyance system, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system.

B. Any connection to the storm drain system from indoor drains and sinks.

C. Any unpermitted connection of a storm water system to the publicly owned treatment works or POTW as defined in Chapter 14.08.

D. Illicit connections includes pipes, drains, open channels or other conveyances that have a potential to allow an illicit discharge to enter the storm drain system.

"Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non-storm water discharges not composed entirely of storm water and discharges that are identified under the discharge prohibitions section of the general permit.

"Incidental runoff" means the unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

"National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued by either the regional board or the state board pursuant to the Clean Water Act and the Porter-Cologne Water Quality Control Act to control discharges from point sources to waters of the United States.

"New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision on an area that has not been previously developed.

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

"Person" means any individual 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" 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; non-hazardous 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 residuals; and noxious or offensive matter or of any kind, dredged spoil, waste, incinerator residue, filter backwash, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.

"Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the beneficial uses of the water or facilities which serve those beneficial uses.

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

"Prohibited discharge" means any direct or indirect discharge to the storm drain system or to natural creeks and small streams, which is not otherwise specifically authorized by this Chapter, the state or regional board, state or federal law, or an NPDES permit.

"Receiving waters" means surface water that receives regulated and unregulated discharges from activities on land.

"Redevelopment" means land disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.

"Regional board" means the California Regional Water Quality Control Board, Central Coast Region.

"Responsible Person" means any person who owns, operates, leases, or has control over the day-to-day activities of a premises and any person who facilitates, causes or permits any discharge.

"Restaurant" means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption, in accordance with Standard Industrial Classification Code 5812 or its equivalent.

"State board" means the state water resources control board.

"Source control" means land use or site planning practices, or structural or nonstructural measures, that aim to prevent runoff pollution by reducing the potential for contact with rainfall runoff at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff.

"Storm drain system" means the infrastructure in a municipal separate storm sewer system that collects and conveys storm water runoff, whether publically or privately owned, and includes but is not limited to roads, sidewalks, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels and swales, reservoirs, creeks, waters of the United States and other drainage structures which are within the city's jurisdiction and are not part of a publicly owned treatment works (POTW) as defined in Title 40 Section 122.2, of the Code of Federal Regulations.

"Storm water" means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation. Storm water runoff is generated when precipitation flows over land or impervious surfaces and does not percolate into the ground.

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

"Watercourse" means a natural or artificial channel, above or below ground, through which water may flow, excluding pipelines.

"Waters of the state" means any surface water or ground water, including saline waters, within the boundaries of the state.

"Waters of the United States" means the surface watercourses and water bodies as defined in 40 CFR 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 storm water at and during all times and seasons.

(Ord. No. 993 N.S. § 1, 7-2-2013)

The Director shall administer, implement, and enforce the provisions of this chapter, except section 14.20.250, which will be administered by the Director of Community Development. The Director and the Director of Community Development with the consent of City Council are hereby authorized to establish any rules and regulations necessary for the enforcement of this chapter, and may delegate and appoint employees of the City to act on their behalf.

(Ord. No. 993 N.S. § 1, 7-2-2013)

This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Water Quality Control Act, as they now exist or may hereafter be amended, any Permit issued under these acts, and any applicable regulations.

(Ord. No. 993 N.S. § 1, 7-2-2013)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state or United States. This Chapter shall not create liability on the part of the city of El Paso de Robles, or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made under this Chapter.

(Ord. No. 993 N.S. § 1, 7-2-2013)