Rancho Cordova Municipal Code Art. III Reduction Of Pollutants In Storm Water

A. The administrator may designate as subject activities those industrial activities which are identified as potential sources of discharges of pollutants to the city MS4.

B. Any person whom the administrator determines is conducting any subject activity shall reduce the discharge of pollutants from those activities through the implementation of BMPs in accordance with RCMC § 15.12.260.

C. The administrator shall conduct a notification and comment process for designations or determinations made pursuant to subsection (A) of this section.

D. Any determination made by the administrator pursuant to subsection (B) of this section shall be subject to the provisions for the adoption of regulations set forth in RCMC § 15.12.250.

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. Any person or entity owning or occupying a premises, or conducting any activity, that has knowledge of any storm water discharge or threatened prohibited non-storm water discharge from the premises or activity to the city's storm water conveyance system shall immediately take all reasonable actions to contain and otherwise minimize any such discharge.

B. The administrator may designate types of industries where the owner or operator of the industry shall be required to notify the administrator or the implementing agency within 24 hours of the discovery of an actual discharge into the city's storm water conveyance system.

C. For any discharge subject to the reporting requirements of Sections 13271 and 13272 of the California Water Code, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

New development and significant redevelopment projects in the city are required to incorporate trash capture measures. The amendments to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1, Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Amendments), were adopted on April 7, 2015. The Trash Amendments established a statewide water quality objective for trash to control trash down to five millimeters, and implementation provisions using a land-use-based compliance approach that targets high trash generating areas.

The Trash Amendments focus on structural and institutional program controls at high trash generating areas within municipalities. The Trash Amendments identified five priority land use (PLU) areas for trash control:

A. High density residential (10 units or more);

B. Industrial;

C. Commercial;

D. Mixed urban; and

E. Public transportation stations.

New development and redevelopment projects classified as priority land uses are required to incorporate full capture systems. The Trash Amendments define these systems as:

(Ord. 11-2023 § 3 (Exh. A))

Any person or entity owning or operating a construction site for which a building permit has been issued shall implement BMPs to control the discharge of pollutants to the maximum extent practicable and eliminate non-storm water discharges that are not in compliance with an NPDES permit. See RCMC Title 16 for more details.

(Ord. 11-2023 § 3 (Exh. A))

A. The administrator shall be authorized to establish specified performance requirements and requirements for BMPs as appropriate to minimize the long-term, post-construction discharge of storm water pollutants from new development or significant redevelopment, to implement the development standards plan, and to comply with the requirements associated with the development standards in the municipal storm water permit. The requirements for new development or redevelopment may include but are not limited to performance standards, source control measures, treatment control measures, hydromodification management measures, low impact development measures, operational BMPs, building material specifications or limitations, site design requirements, signage and marking, and associated maintenance programs or schedules.

B. Requirements established pursuant to subsection (A) of this section may be included in development standards, building codes, building permits, conditions of development, or any other appropriate instrument administered by the city.

(SCC 1280 § 2, 2004; Ord. 11-2023 § 3 (Exh. A))

A. The administrator may adopt regulations for specified subject activities. Such regulations shall describe best management practices which, if implemented by persons or entities conducting such specified activities, shall satisfy the requirements of RCMC § 15.12.200.

B. Persons or entities conducting subject activities may implement BMPs not contained in the adopted regulations to satisfy the requirement of RCMC § 15.12.200 through either of the following mechanisms:

1. By submitting and receiving prior written approval for the alternative BMPs from the administrator if he or she determines that the proposed alternative BMPs provide a level of protection from storm water discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section; or

2. By implementing alternative BMPs which provide a level of protection from storm water discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section.

C. Any alternative BMPs implemented pursuant to subsection (B)(2) of this section shall be subject to review and approval by the administrator as part of the inspection procedures set forth in Article IV of this chapter. If a person or entity conducting subject activities implements alternative BMPs without the prior written approval of the administrator and subsequently receives written notice from the administrator that the alternative BMPs do not provide the required equivalent level of protection from storm water discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of the requirements of RCMC § 15.12.200(B) as of the date of delivery of such notice unless it is ultimately determined pursuant to an administrative appeal pursuant to RCMC § 15.12.450 that the alternative BMPs provide the required equivalent level of protection from storm water discharges.

D. Any facility that is in compliance with its state or federal NPDES permit for storm water discharges for that facility shall be deemed to have met the requirements of RCMC § 15.12.200(B).

E. The administrator shall develop regulations for determining when BMPs have been successfully implemented.

(Formerly 15.12.220; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

The administrator may require a property owner to execute a maintenance agreement for any post-construction storm water quality measure to ensure continued compliance with specified performance requirements. This requirement will apply to measures required by the city or measures that were voluntarily installed. A maintenance agreement may be required when the administrator determines that proper maintenance is necessary to protect public safety, health, infrastructure, or the environment, or to otherwise meet the purposes of this chapter. Maintenance requirements established pursuant to this section must be appropriate for the site conditions and design of the proposed measures.

(Ord. 11-2023 § 3 (Exh. A))

A. The administrator shall have the authority to promulgate regulations for the implementation of this chapter. Prior to the administrator's initiation of any proposed regulations, the administrator shall submit such proposal to the city council for its approval.

B. All regulations promulgated by the administrator shall be consistent with the provisions of this chapter. Any such regulations, or amendments thereof, shall be filed with the city clerk. The clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within 10 calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the administrator shall make a reasonable effort to identify, notify, and provide copies to any industries which are specifically designated by the administrator as subject to a rule or regulation. However, neither the failure of the administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the administrator, or amendments thereto, shall be enforced or become effective until 30 calendar days following the date on which notification of the regulations is published.

C. Any person or entity who asserts that they are aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the council. At the conclusion of the public hearing the council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The council's determination of this matter shall be final.

D. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(Formerly 15.12.230; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))