Rancho Cordova Municipal Code Art. I General Provisions

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 storm water and urban runoff discharges into the city's municipal separate storm sewer system (MS4).

B. The State Water Resources Control Board ("State Water Board") is the state water pollution control agency for all purposes of the Federal Clean Water Act pursuant to Section 13160 of the California Water Code. The State Water Board is authorized by the United States Environmental Protection Agency (EPA) 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 (WDRs) to regulate discharges of storm water to the waters of the state.

C. Storm water flows from individual properties to the city's MS4 and then ultimately to the waters of the United States.

D. The city of Rancho Cordova, the county of Sacramento and the cities of Citrus Heights, Elk Grove, Folsom, Galt, and Sacramento are subject to the waste discharge requirements of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements General Permit For Discharges From Municipal Separate Storm Sewer Systems (Order R5-2016-0040, NPDES No. CAS0085324) (Municipal Storm Water Permit), under which the city and Sacramento County are co-permittees. As co-permittee with Sacramento County, the city is required to possess the necessary legal authority, and to implement appropriate procedures, to regulate the entry of pollutants and non-storm water discharges into the city's MS4.

E. The city's municipal storm water permit requires the city effectively prohibit non-storm water discharges into the MS4 except as otherwise allowed by the permit or permitted by federal law. The municipal storm water permit and this chapter require regular compliance inspections and enforcement at certain commercial and industrial facilities, as defined by the permit.

F. The city council 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 its municipal storm water permit and to protect the waters of the state for the benefit of its people and the environment.

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

A. This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the city to exercise its police power to protect and promote the public health, safety, and general welfare. While storm water runoff is one step in the natural cycle of water, human activities, including, but not limited to, agriculture, construction, and the operation of an urban infrastructure, may result in undesirable discharges of pollutants and certain sediments. Such discharges may accumulate in local drainage channels and waterways, and may eventually be deposited in the waters of the United States. The purpose of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands within the city in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, and Municipal Discharge Permit No.CAS0085324, Order R5-2016-0040, together with all subsequent amendments and renewals, by controlling the contribution of urban pollutants to storm water runoff which enters the city's storm water conveyance system.

B. It is the intent of the city council in adopting this chapter to provide the city with the legal authority to accomplish the following goals:

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

2. To reduce the discharge of pollutants in storm water to the maximum extent practicable;

3. To effectively prohibit non-storm water discharges into the city's storm water conveyance system;

4. To comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and NPDES Municipal Storm Water Discharge Permit No.CAS0085324, and Order R5-2016- 0040, together with all subsequent amendments and renewals as they apply to the discharge of pollutants into and from the city's MS4;

5. To fully implement the city's comprehensive annual work plans as approved by the Regional Water Quality Control Board (Regional Water Board);

6. To protect the physical integrity and function of the city's MS4 from the effects of pollutants and materials other than storm water;

7. To prevent the contamination of groundwater as a result of urban storm water runoff;

8. To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the city's MS4;

9. To provide for the recovery of regulatory costs incurred by the city in the implementation of its comprehensive storm water quality improvement program, including, but not limited to, enforcement activities, compliance assistance, inspections, investigations, sampling, and monitoring; and

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

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

Repealed by Ord. 11-2023.

(Ord. 41-2004 § 2)

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this chapter shall, when used in the chapter, have the same meaning as set forth in said act or regulation.

As used in this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

"Administrator"

means the city's public works director or another city official designated by the city manager to administer the city's storm water program.

"Best management practices (BMPs)"

means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. BMPs shall also be defined to include structural controls, treatment controls, training requirements, operating procedures, and practices to control site runoff, spillage, leaks, sludge or waste disposal, and drainage from raw materials storage.

"City"

means the city of Rancho Cordova.

"City council" or "council"

means the city council of the city of Rancho Cordova.

"City storm water conveyance system"

means those public and natural facilities within the city, which are operated, maintained or controlled by the city, by which storm water may be conveyed to waters of the United States or waters of the state, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains. The city's storm water conveyance system includes natural creeks and small streams which are also defined as receiving waters by the municipal storm water permit, but does not include the American River.

"County"

means county of Sacramento.

"Discharge"

means the release or placement of any material into the city's storm water conveyance system, including, but not limited to, storm water, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

"Discharger"

means any person, business, construction project, or entity that discharges, or causes to discharge, either directly or indirectly, storm water or any other material into the city's MS4.

"Hydromodification"

means the changes in the natural watershed hydrologic processes and runoff characteristics (e.g., interception, infiltration, overland flow, and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and sediment transport. In addition, alteration of stream and river channels, such as stream channelization, concrete lining, installation of dams and water impoundments, and excessive streambank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes. For the purposes of this chapter, "hydromodification" refers to ecologically significant modification of a watershed's natural hydrograph, characterized by increased volume, velocity, rate, duration, and/or overall energy.

"Hydromodification control"

means measures to mitigate artificial acceleration of natural erosion and sedimentation processes within the receiving waters through attenuation, infiltration, and dispersion of additional runoff created by impervious surfaces and earthwork compaction to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States.

"Illicit connection"

means any physical connection to the city's storm water conveyance system which is not permitted pursuant to a valid NPDES permit and/or expressly authorized by the city.

"Illicit discharge"

means any discharge to the MS4 that is not composed entirely of storm water, except discharges pursuant to a NPDES permit and non-storm water discharges, such as those resulting from firefighting activities (40 CFR 122.26(b)(2)).

"Implementing agency"

means the agency or department designated by the city manager to enforce the provisions of this chapter with respect to a particular program, site, facility, or industry category.

"Industry" or "industrial activity"

means any service, business, enterprise, or any other activity conducted by any person or entity for monetary gain or other compensation or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a nonprofit corporation as defined by the state of California.

"LID strategies"

means retention practices that do not allow runoff, such as infiltration, rainwater harvesting and use, and evapotranspiration.

"Low impact development"

(LID) means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-project hydrologic functions. LID includes land development strategies that emphasize conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-project hydrologic functions.

"Material"

means any substance, including, but not limited to, raw materials, finished products, garbage and debris, 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.

"Municipal storm water permit"

means NPDES Permit No. CAS0085324, together with all subsequent amendments and renewal, issued by the Regional Water Board to Sacramento County and the cities of Rancho Cordova, Citrus Heights, Elk Grove, Folsom, Galt, and Sacramento.

"National Pollution Discharge Elimination System permit" or "NPDES permit"

means a permit issued by either the Regional Water Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the California Water Code or the United States Environmental Protection Agency to control discharges from point sources to waters of the United States.

"Non-storm water discharge"

means any discharge to the city's MS4 or directly to the natural surface waters which did not originate from storm events and snow melt, but essentially resulted from human activities, or materials or processes under a person's control. Non-storm water discharges include but are not limited to discharges of: (1) water that has been used by a person or entity for any purpose such as cleaning, rinsing, cooling, irrigation, aquaculture, recreation, cooking, and industrial processes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other manmade apparatus; or (3) any discharge of materials or wastes other than water.

"Person"

means any individual, firm, company, society, organization, 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 any contaminant or other substance which, as determined by the administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to cause exceedance of receiving water limitations defined in the municipal storm water permit, or any successor section, or otherwise cause a violation of the municipal storm water permit. Pollutant may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settleable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in Section 1362(6) of the Federal Clean Water Act.

"Potential user"

means any person or entity who by nature of the enterprise, activity, or industry in which such person or entity is engaged, or by the use, possession, or ownership of specified types of equipment, is determined by the administrator to generate or have the capacity to generate wastes or wastewater which have significant potential to be discharged to the city MS4.

"Premises"

means any building, lot, parcel or land, or portion thereof, whether improved or unimproved.

"Prohibited discharge"

means any non-storm water discharge to the city MS4 or directly to receiving waters, which is not otherwise specifically authorized by this chapter, the Regional Water Quality Control Board, state or federal law, or an NPDES permit.

"Receiving water limitations"

means those restrictions defined and listed in Section IV of the city's municipal storm water permit (NPDES Permit No. CAS0085324) or any successor permit.

"Receiving waters"

means surface bodies of water, as defined by the municipal storm water permit, including, but not limited to, creeks and rivers, which serve as discharge points for the city's MS4.

"Regional Water Board"

means the California Regional Water Quality Control Board, Central Valley Region.

"Significant redevelopment"

means the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint, or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity and land-disturbing activities related to structural or impervious surfaces.

"Specific performance requirements"

means standards adopted by the city that define required conditions or results regarding the elimination of non-storm water discharges or the control of pollutants in storm water from specified sources.

"State Construction General Permit"

means the State Water Resources Control Board's Order No. 99-08-DWQ superseded by Order No. 2010-2014 National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000021 Waste Discharge Requirements (WDRS) for Discharges of Stormwater Runoff Associated with Construction Activity, and any successor documents.

"State Industrial General Permit"

means the State Water Resources Control Board's Order No. 97-03-DWQ and Order No. 2014-0057 National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Stormwater Associated with Industrial Activities Excluding Construction Activities, and any successor documents.

"Storm water"

means surface runoff and drainage resulting from storm events and snow melt.

"Subject activity"

means any industrial activity which is determined by the administrator to discharge or have the potential to discharge pollutants into storm water or non-storm water in quantities or concentrations which may cause exceedance of receiving water limitations.

"Threatened prohibited non-storm water discharge"

means any condition or activity which 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 non-storm water discharge.

"User"

means any person who discharges, or causes to discharge, either directly or indirectly, storm water or any other material into the city's MS4.

"Waters of the United States"

means any surface water or groundwater, including saline waters within the boundaries of the state (40 CFR 120.2(a)).

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

The provisions of this chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Municipal Stormwater Discharge Permit No.CAS0085324, and Order R5-2016-0040, together with all subsequent amendments and renewals. In the event of a conflict between this chapter and any federal or state law, regulation, order or permit, the requirement which establishes the higher standard for public health and safety shall govern.

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

The provisions of this chapter shall be applicable to all dischargers and potential dischargers located within the city and all users that discharge either directly or indirectly into the city's MS4. This chapter shall also apply, within the city, to non-storm water discharges made directly to American River or local creeks and channels.

This chapter shall not be applicable to entities located outside of the city if their storm water or non-storm water discharge enters a storm water conveyance facility owned or operated by another public agency which is subject to a valid NPDES permit for discharges from a municipal separate storm sewer system prior to entering the downstream conveyance system.

This chapter shall apply to facilities subject to and in compliance with the State General Construction Activity Storm Water Permit and/or the city's erosion and sediment control ordinance, city grading permit, building permit, or any other instrument of the city that establishes pollutant control provisions for construction sites.

This chapter shall not apply to activities conducted by or facilities operated by the state of California or by agencies of the federal government.

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

The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this code.

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

Compliance by any person or entity 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 storm water quality, or both.

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

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter. The council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter would subsequently be declared to be invalid or unconstitutional.

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

Except as otherwise provided herein, the administrator shall be responsible for the administration, implementation, and enforcement of the provisions of this chapter. Any powers granted to, or duties imposed upon, the administrator may be delegated by the administrator to other city employees or, upon the approval of the council, to employees of other public agencies.

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

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into 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 reliance on this chapter, or any administrative decision lawfully made thereunder.

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