Reedley Municipal Code Ch. 5 Urban Stormwater Quality Management

This chapter shall be known as the URBAN STORMWATER QUALITY MANAGEMENT ORDINANCE OF THE CITY OF REEDLEY. (Ord. 2008-07, 11-12-2008)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to protect and enhance the quality of the city's watercourses, water bodies, and wetlands pursuant to and consistent with all applicable state and federal laws related to stormwater management, including, but not limited to, the clean water act (33 USC 1251 et seq.), the national pollution discharge elimination system regulations (40 CFR 122 et seq.) and the city's stormwater discharge permit for small municipal storm sewer systems (MS4). (Ord. 2008-07, 11-12-2008)

For the purposes of this chapter, the following words and terms shall be defined as follows:

BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to stormwater. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, drainage from outdoor areas, and activities required to control the discharge from construction sites disturbing one acre of land or more (in 1 or more phases of construction).

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (SWRCB): The state agency charged with administration of the national pollution discharge elimination system (NPDES).

CLEAN WATER ACT: The federal water pollution control act, as amended, 33 USC 1251 et seq.

DISCHARGE: Any spilling, leaking, pumping, pouring, emitting, emptying, ejecting, placing, releasing, leaching, dumping or disposing into or on any land in a manner that may cause pollution.

ENVIRONMENTAL PROTECTION AGENCY (EPA): The federal agency charged with enforcement of environmental laws and regulations.

MANAGER: The public works manager or his/her designee.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES): Stormwater discharge permit for small municipal storm sewer systems (MS4) permit issued by the California state water resources control board which authorizes the discharge of stormwater pursuant to the clean water act (33 USC 1342).

NOTICE OF INTENT (NOI): A form submitted to the regional water quality control board notifying the agency of a person's intent to be covered under a separate regional water quality control board construction permit for the control of construction site runoff on projects that disturb one acre of land or more, in one or more phases of construction.

PERSON: Any individual, partnership, copartnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, government entity, or any other legal entity, or their legal representatives, agents or assigns.

POLLUTANT: Shall have the same meaning as defined in 40 CFR 122.2, and shall include, but not be limited to, any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to, fertilizers, solvents, sludge, petroleum or petroleum products, solid waste, garbage, biological materials, radioactive materials, sand, dirt, animal waste, acids, and bases.

PREMISES: Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

PUBLIC STORM DRAIN SYSTEM: All or any part of the publicly owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains and dry wells located within public easements, rights of way, parks, common areas, retention areas, or other publicly owned or maintained real property designed or used for collecting, holding, or conveying stormwater.

REGIONAL WATER QUALITY CONTROL BOARD (RWQCB): The state division of the SWRCB charged with enforcement of the water quality laws and regulations in the state of California.

STORMWATER: Stormwater runoff, surface runoff and drainage. (Ord. 2008-07, 11-12-2008)

The director of public works or his designee shall have the authority to exercise the powers and perform the duties set forth in this chapter and to administer and enforce provisions of this chapter. The director of public works may designate other employees to exercise such powers and perform such duties, as he/she deems appropriate. (Ord. 2008-07, 11-12-2008)

This chapter shall be construed to assure consistency with requirements of the federal clean water act and its implemented regulations for stormwater management, and to comply with the California state water resources control board's stormwater discharge permit for small MS4s, and shall be applicable to all stormwater generated on any developed or undeveloped urban lands lying within the city of Reedley or conveyed by the public storm drain system. (Ord. 2008-07, 11-12-2008)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the city of Reedley, or any agent or employee thereof, for any damages, claims, or liabilities that result from any dischargers, reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2008-07, 11-12-2008)

A. Discharge Of Substances: Unless expressly authorized or exempted by this chapter, no person shall cause or allow the discharge to a public right of way or public storm drain system of any substance that is not composed entirely of stormwater.

B. Disposing Of Materials: Unless expressly authorized or exempted by this chapter, no person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to stormwater.

C. Exemptions: The following discharges are exempt from the prohibitions set forth in subsections A and B of this section:

1. Discharges authorized by a separate NPDES or RWQCB permit.

2. The following categories of nonstormwater discharges are permissible unless otherwise prohibited under subsection C3, C4, or C5 of this section:

a. Water line flushing,

b. Landscaping irrigation,

c. Diverted stream flows,

d. Rising ground waters,

e. Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(b)(20),

f. Uncontaminated pumped ground water,

g. Discharges from potable water sources,

h. Foundation drains,

i. Air conditioning condensation,

j. Irrigation water,

k. Springs,

l. Water from crawl space pumps,

m. Footing drains,

n. Lawn watering,

o. Individual residential car washing,

p. Flows from riparian habitats and wetlands,

q. Dechlorinated swimming pool discharges,

r. Discharges from emergency firefighting activity, or

s. Any other activity that the director identifies is not a significant contributor of pollutants during the city of Reedley's NPDES stormwater discharge permit for small MS4s' permit term.

3. No person shall discharge to public storm drain system any exempted discharge under this subsection if the public works manager or assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or ground water.

4. No person shall discharge to the public storm drain system anything that would result in or contribute to a violation of the city's NPDES stormwater discharge permit for small MS4s. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge.

5. No person shall establish, use, maintain, or continue any connection to the public storm drain system which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 2008-07, 11-12-2008)

A. All persons owning or operating premises or engaged in activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent (NOI) to comply with an NPDES or RWQCB stormwater discharge permit shall provide a copy of such notice to the public works manager upon request. Facilities required to apply for a stormwater discharge permit are identified in 40 CFR 122.26(b)(14).

B. All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the public storm drain system shall undertake best management practices (BMPs) to minimize such pollutants, shall provide protection from accidental discharge of pollutants to the public storm drain system and comply with cleanup and notification requirements of this chapter. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.

C. If best management practice is required by the public works manager or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council of the city of Reedley to reconsider the application of the BMPs to the premises or activity. The written petition must be received by the city clerk within ten (10) working days of the notice issued by the public works manager or city engineer. The petition shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2008-07, 11-12-2008)

A. All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent to comply with an NPDES stormwater permit, shall provide the city with copies of the NOI and the NPDES stormwater permit issued by the RWQCB. Construction activities that will disturb one acre or more of land area or smaller land areas, if they are part of a larger common plan of development or sale, are required to apply for a stormwater discharge permit (40 CFR 122.26(b)(15)).

B. Any person performing construction shall not cause or contribute to a violation of the RWQCB stormwater discharge permit issued by the RWQCB to the city of Reedley. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake best management practices to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this chapter. Site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.

C. If best management practice is required by the public works manager or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council of the city of Reedley to reconsider the application of the BMPs to the premises or activity. The written petition must be received within ten (10) working days at the issuance of the notice by the public works manager or city engineer and shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such a requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2008-07, 11-12-2008)

Regulated projects include all new development or redevelopment projects that create and/or replace more than two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site) and lie within the stormwater service area that drains to the Kings River.

A. Additional regulated projects include, but are not limited to, the following road projects/practices:

1. Removing and replacing a paved surface resulting in alteration of the original line and grade, hydraulic capacity or overall footprint of the road.

2. Extending the pavement edge, or paving graveled shoulders.

3. Resurfacing by upgrading from dirt to asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete.

B. Regulated projects do not include:

1. The following road and parking lot maintenance:

a. Road surface repair including slurry sealing, fog sealing, and pothole and square cut patching.

b. Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage.

c. Shoulder grading.

d. Cleaning, repairing, maintaining, reshaping, or regarding drainage systems.

e. Crack sealing.

f. Resurfacing with in-kind material without expanding the road or parking lot.

g. Practices to maintain original line and grade, hydraulic capacity, and overall footprint of the road or parking lot.

h. Repair or reconstruction of the road because of slope failures, natural disasters, acts of God or other manmade disaster.

2. Sidewalk and bicycle path or lane projects, where no other impervious surfaces are created or replaced.

3. Trails and pathways, where no other impervious surfaces are replaced or created.

4. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics.

5. Curb and gutter improvement or replacement projects that are not part of any additional creation or replacement of impervious surface area (e.g., sidewalks, roadway).

6. Second story additions that do not increase the building footprint.

7. Raised (not built directly on the ground) decks, stairs, or walkways designed with spaces to allow for water drainage.

8. Photovoltaic systems installed on/over existing roof or other impervious surfaces and panels located over pervious surfaces with well maintained grass or vegetated ground cover or panel arrays with a buffer strip at the most down gradient row of panels.

9. Temporary structures (in place for less than 6 months).

10. Electrical and utility vaults, sewer and water lift stations, backflows and other utility devices.

11. Aboveground fuel storage tanks and fuel farms with spill containment system. (Ord. 2015-008, 10-13-2015)

A. Performance Requirement No. 1: Site Design And Runoff Reduction:

1. Projects that create and/or replace more than two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site), including detached single-family home projects and are located within the city stormwater service area that drain to the Kings River or other U.S. body of water, must comply with the following runoff reduction practices:

a. Limit disturbance of creeks and natural drainage features.

b. Minimize compaction of highly permeable soils.

c. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project.

d. Minimize disturbance to impervious surfaces.

e. Minimize stormwater runoff by implementing one or more of the following site design measures:

(1) Direct roof runoff into cisterns or rain barrels for reuse.

(2) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California building code.

(3) Direct runoff from sidewalks, walkways and/or patios onto vegetated areas safely away from building foundations and footings, consistent with California building code.

(4) Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California building code.

2. The city will confirm that projects comply with site design and runoff reduction performance requirements by means of appropriate documentation (e.g., checklists) accompanying applications for project approval.

B. Performance Requirement No. 2: Water Quality Treatment:

1. Sampling and analysis for sediment/silt or turbidity are required when the runoff from a construction site discharges directly into the Kings River or other U.S. body of water (not through the city storm drain system). Sampling is not required if all stormwater runoff is contained on site and allowed to infiltrate or evaporate.

2. Stormwater sampling shall be performed per the "Cal Trans Storm Water Quality Sampling Guidance Manual".

C. Performance Requirement No. 3: Runoff Retention: All projects, except detached single-family homes, that create and/or replace more than fifteen thousand (15,000) square feet of impervious surface (collectively over the entire project site), and detached single-family homes more than fifteen thousand (15,000) square feet of net impervious area, and are located in the city stormwater service area that drains to the Kings River or other U.S. body of water are required to meet the runoff retention performance standards using low impact development principles and practices, subject to approval by the city.

D. Performance Requirements No. 4: Peak Management: The city will require all projects that create and/or replace more than twenty two thousand five hundred (22,500) square feet of impervious surface (collectively over the entire project site), and are located within the city stormwater service area that drains to the Kings River or other U.S. body of water, to manage peak stormwater runoff and to meet water quality treatment and runoff retention performance standards as set forth in this section.

E. Performance Requirement No. 5: Special Circumstances: Projects with a scope of work that have certain site and/or receiving water conditions may be defined as a special circumstances project. The special circumstances designation exempts a project from runoff retention and/or peak management performance standards where those performance standards would be ineffective to maintain or restore beneficial uses of receiving waters. (Ord. 2015-008, 10-13-2015)

Alternative compliance refers to water quality treatment, runoff retention and peak management performance requirements that are achieved off site through mechanisms such as developer fee in lieu arrangements and/or use of regional facilities. Alternative compliance may be allowed under circumstances of technical infeasibility, or equivalent circumstances and must be approved by the city. (Ord. 2015-008, 10-13-2015)

The primary objective of postconstruction stormwater management requirements is to ensure the reduction of pollutant discharges to the maximum extent practicable and preventing stormwater discharges from causing or contributing to a violation of receiving water quality standards in all applicable development projects that require approvals and/or permits issued by the city. Property owners or operators shall ensure long term operation and maintenance of postconstruction stormwater runoff control mechanisms including privately owned retention basins. (Ord. 2015-008, 10-13-2015)

A. As soon as any owner or operator has actual or constructive knowledge of any discharge which may result in pollutants entering the public storm drain system, such person shall promptly take all necessary steps to ensure the discovery of the source and the extent and proceed with containment and cleanup of such discharge.

B. The owner or operator shall notify the public works director or the city engineer of the discharge in both of the following manners:

1. By telephone as soon as practical or by calling 9-1-1, if hazardous materials are involved; and

2. By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventative measures put into place to prevent a subsequent discharge. (Ord. 2015-008, 10-13-2015)

A. Authority To Inspect: Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the city of Reedley shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this chapter. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the city in determining compliance with the requirements of this chapter. All persons shall allow such activities under safe and nonhazardous conditions with a minimum of delay.

B. Monitoring Activities: The public works director, city engineer, or either of their authorized designees, may order any person engaged in any activity or owning or operating on any premises which may cause or contribute to discharges of pollutants to the public storm drain system in violation of this chapter or any applicable NPDES or RWQCB stormwater permit condition to undertake such monitoring activities and analyses and furnish such reports as the public works director, city engineer, or authorized designee may specify. The costs of such activities, analyses, and reports shall be borne by the recipient of the order.

C. Access Refusal: If an authorized employee of the city of Reedley has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect, interview, copy, photograph, or sample as part of an inspection and sampling procedure of the city designed to determine compliance with the requirements of this chapter or any related laws or regulations designed to protect the environment and the public health, safety and welfare of the community, then the public works director, city engineer, or authorized designee may seek issuance of a search or inspection warrant from a judge or judicial officer of the Fresno County superior court. (Ord. 2015-008, 10-13-2015)

A. Enforcement: Charges levied pursuant to this chapter shall be collected by the department of public works. The public works manager or city engineer shall make and enforce economic and efficient management and protection of the city's storm drain system.

B. Owner Of Record: The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.

C. Notice Of Violation: The public works manager or city engineer may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the thirtieth day following the notice of violation. Nothing in this section shall limit the authority of the public works manager or city engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations, the public works manager or city engineer may notify the person orally either in person or by telephone prior to, and, in some cases, in lieu of, written notification.

D. Consent Orders: The public works manager or city engineer may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person(s) to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall have the same force and effect as any other orders issued under this chapter and shall be judicially enforceable.

E. Cease And Desist Orders: When the public works manager or city engineer finds that a person has violated, or continues to violate any provision of this chapter or any related laws or regulations, or that the person's past violations are likely to recur, the public works manager or city engineer may issue an order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person's failure to comply with an order of the public works manager or city engineer issued pursuant to this chapter shall constitute a violation of this chapter.

F. Civil Penalties: In addition to any other enforcement authority contained in this chapter, the public works manager or city engineer shall issue a civil citation to any person who has violated, or continues to violate, any provision of this chapter or any related laws or regulations. A person who violates any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition shall be civilly liable to the city of Reedley for a sum not to exceed ten thousand dollars ($10,000.00) per day per violation.

G. Criminal Penalties: A person who wilfully or negligently violates any provision of this chapter, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed fifteen thousand dollars ($15,000.00) per day per violation and/or imprisonment for a period not to exceed six (6) months.

H. Criminal Prosecution: Some intentional violations may constitute criminal violations of federal, state and local laws, and that under such circumstances, the public works manager or city engineer may seek the assistance of the EPA, city attorney, state or county prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition.

I. Revoking Or Withholding Of Permit: In addition to or in lieu of all other available penalties, the city of Reedley may revoke or withhold any permit, approval or license to construct improvements to real property or operate a business in the city of Reedley if the holder of such permit, approval, or license is in violation of any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition.

J. Liability For Costs: The public works manager or city engineer may assess liability for costs to any person found in violation of this chapter for all actual costs incurred by the city of Reedley in surveillance, sampling and testing, abatement, and remediation associated with a discharge that is in violation of this chapter. Additionally, the public works manager or city engineer may assess liability for costs to any person whose discharge resulted in a violation of the city's stormwater discharge permit. (Ord. 2008-07, 11-12-2008)

In the event of any conflict between this chapter and any federal or state law, regulation, permit, or other ordinance of the city of Reedley, the requirements which establishes the stricter standard shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law. (Ord. 2008-07, 11-12-2008)

Any person found guilty of violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine or by imprisonment, or both, such fine and imprisonment as specified herein. Each day that a violation continues shall be a separate offense punishable as herein described. (Ord. 2008-07, 11-12-2008)