Rio Vista Municipal Code Ch. 13.20 Storm Water Management

This storm water management ordinance is intended to protect and promote the health, safety and general welfare of the citizens of the city by controlling non-storm water discharges. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 USC, Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), the National Pollutant Discharge Elimination System (NPDES), and the California General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4).

(Ord. 009-2014 § 1)

To the extent not preempted by state or federal law, that law, regulation, order or permit requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement or any other applicable law, regulation, order, or permit.

(Ord. 009-2014 § 1)

The city is authorized through its director, to condition or deny any discharge into the storm water system, whether the conveyance system is an open or closed system.

A. Authority to Issue Permits. The city is authorized through its director, to issue permits, restricting or limiting the nature and/or volume of any discharge to the storm water system. All permits issued under this authority must comply with the provisions of this chapter and/or variances authorized by the city council.

B. Storm Water Pollution Prevention and Best Management Practices. The director has authority to require dischargers to develop and implement pollution prevention and best management practices for the reduction of pollutants in storm water released from their premises or operations. These requirements may be a condition of a storm water discharge permit or may be required without a permit being issued to the discharger.

C. Right of Appeal. The permit holder has the right to appeal the terms and conditions of any permit issued under this chapter by making written appeal to the director of public works within 30 days of the effective date of said permit. The appeal process shall follow the city policies established for addressing appeals to decisions of the city administration.

(Ord. 009-2014 § 1)

"Best management practices (BMPs)"

means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education 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.

"City"

means the city of Rio Vista, California or a representative of the city.

"Development"

means the building or placement of any structure or portion thereof; includes excavation and grading.

"Director"

means the director of public works of the city of Rio Vista, or authorized designees.

"Incidental runoff"

means 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 of application, or if it is due to negligence.

"National Pollution Discharge Elimination System (NPDES)"

means a permit or program regulated under the Clean Water Act as administered by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Division 7, Chapter 5.5 of the California Water Code, to control the discharge from a point source into the water of the United States.

"Non-storm water"

means any discharge to the storm water conveyance system that is not entirely composed of storm water.

"Person"

means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.

"Pollutant"

means any contaminant which can degrade the quality of the receiving water in violation of any plan standard.

"Premises"

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

"Storm water"

means surface runoff and drainage associated with storm events which is free of pollutants to the maximum extent practicable.

"Storm water conveyance system"

means those artificial and natural facilities within the city of Rio Vista, whether publicly or privately owned, by which storm water may be conveyed to a watercourse or waters of the United States, including any roads with drainage systems, streets, catch basins, natural or artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

(Ord. 009-2014 § 1)

A. Discharge of Non-Storm Water. Except as provided in Section 13.20.060 of this chapter (Authorized non-storm water discharges), it is unlawful for any person to make or cause to be made any non-storm water discharge to the storm water system without first obtaining a permit authorized under Section 13.20.030 of this chapter. Any discharge that causes or significantly contributes to violations of any plan standard, conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited and shall not be authorized to discharge under the permitting provisions of Section 13.20.030 of this chapter.

B. Discharge in Violation of a Permit. It is unlawful for any person to cause either individually or jointly, any discharge to the storm water system which results in or contributes to a violation of the California General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4).

(Ord. 009-2014 § 1)

A. Discharges Authorized Under a NPDES Permit. Any discharge or connection regulated under an NPDES permit issued to the discharger and administered by the state of California pursuant to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations.

B. Specific Activity Discharges. Discharges from the following activities which do not cause or contribute to the violation of any plan standard may be discharged without obtaining a permit authorized under this chapter.

1. Water line flushing and other discharges of potable water sources;

2. Landscape irrigation and lawn watering, providing appropriate best management practices are implemented;

3. Rising ground waters or natural springs;

4. Passive foundation and footing drains;

5. Uncontaminated water from crawl space pumps and basement pumps;

6. Air conditioning condensate;

7. Individual residential car washing;

8. Natural flows from riparian habitats and wetlands;

9. De-chlorinated swimming pool discharges;

10. Flows from fire suppression activities;

11. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code, Section 25117;

12. Diverted stream flows; and

13. Uncontaminated ground water infiltration to separate storm sewers.

C. Official Determination of Discharge Restriction. The director may determine a discharge is prohibited based on the local health officer findings, Regional Water Quality Control Board decision or recommendation, or based on best professional judgment, that a specific discharge may pose a risk to the health and safety of the general public or the environment. The discharger may request a written determination of the director.

D. Natural Disaster. Any discharge caused by flooding or other natural disaster which could not have been reasonably foreseen or mitigated in advance by the discharger, as determined by the director.

E. Groundwater Discharges. Discharges of pumped groundwater not subject to a NPDES permit may be permitted to discharge to the storm water conveyance system with implementation of best management practices under the authority of a permit issued under subsection A of this section.

(Ord. 009-2014 § 1)

Discharges in excess of an amount deemed to be incidental runoff shall be controlled. Any person responsible for runoff in excess of incidental runoff shall:

A. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within 72 hours of learning of the leak.

B. Properly design and aim sprinkler heads.

C. Not irrigate during precipitation events.

D. Manage ponds containing recycled water such that no discharge occurs unless the discharge is a result of a 25 year 24 hour storm event or greater and the Regional Water Quality Control Board (RWQCB) is notified by email no later than 24 hours after the discharge.

(Ord. 009-2014 § 1)

A. General. It is unlawful and a violation of this chapter for any person to establish, use, or maintain any illicit connection to or uncontrolled discharge to the city's storm water conveyance system. The city has the authority to detect and eliminate illicit discharges and illegal connections to the storm drain system.

B. Containment Area Drains. It is unlawful to connect to or allow open discharge values or conveyances from a containment area to the city storm water conveyance system. It is the city's policy that all containment areas not have pumps, valves, or hard plumbing connections that allow the captured liquids within the containment areas to be discharged automatically, or by simple operator actions (valve operation or starting a pump). These containment areas should only be drained after thoughtful consideration and determination of whether the contained liquid is contaminated, uncontaminated, or product, and the appropriate disposal or recovery practices employed; and a physical, manual action, that demonstrates a conscience decision to discharge is taken, such as, making a pipe connection, inserting a hose, or pump, etc.

(Ord. 009-2014 § 1)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter or authorized permit issued under this chapter shall constitute a violation of this chapter.

(Ord. 009-2014 § 1)

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution or who violates any enforcement order may also be in violation of the Federal Clean Water Act and the California Water Code. Enforcement actions taken by the city do not shield the discharger from enforcement actions that may be taken by the state or federal authorities. Compliance to the local regulations may not be a guarantee of compliance to state and federal regulations.

(Ord. 009-2014 § 1)

Any person engaged in activities which may result in pollutants entering the storm water conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-storm water discharge and/or pollutant discharge. Any person or business holding an NPDES general or individual storm water permit shall not be exempt from compliance to the local storm water regulations under this chapter.

A. Business Related Activities.

1. Storm Water Pollution Prevention Plan. The director may require any business in the city that is engaged in activities which may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or clean up processes which are carried out partially or wholly out of doors.

2. Hazardous Materials Release Planning. Any business requiring a Hazardous Material Release Response Plan and Inventory, under Chapter 6.95 of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

3. Hazardous Waste Contingency Planning. Any business requiring a Hazardous Waste Generator Contingency Plan and Emergency Procedures pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Development Activities.

1. Construction Activities. Any person performing construction in the city shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, state, and local laws, ordinances or regulations including, but not limited to, the general permit for storm water discharges associated with construction activity and the city grading, erosion and sediment control ordinance.

2. Long-Term Post Construction Storm Water Discharges. Any person performing construction in the city shall implement controls as appropriate to minimize the long-term, post construction discharge of storm water pollutants from new development(s) or modifications to existing development(s). Controls shall include source control measures, low impact development design standards, and hydromodification management to prevent pollution of storm water and/or treatment controls designed to remove pollutants from storm water.

C. General and Individual NPDES Storm Water Permits.

1. Construction NPDES General Storm Water Permit. Each discharger associated with construction activity shall comply with the provisions of the general NPDES permit for construction activities issued by the US EPA and/or the California State Water Resources Control Board.

2. Industrial NPDES General Storm Water Permit. Any industrial discharger covered under the industrial NPDES general permit issued by the US EPA and/or the California State Water Resources Control Board shall comply with the provisions of the general permit.

3. Individual NPDES Storm Water Permit. Any person or business holding an individual NPDES storm water permit issued by the US EPA and/or the California State Water Resources Control Board shall comply with the provisions of the individual permit.

D. Best Management Practices/Pollution Prevention. Any person or business undertaking any activity or use of a premises which may cause or contribute to storm water pollution or contamination, illegal discharges, or non-storm water discharges shall comply with best management practices guidelines or pollution control requirements as may be reasonably established by the director.

(Ord. 009-2014 § 1)

Any person owning or occupying a premises who has knowledge of any release of pollutants or non-storm water discharge from or across those premises which might enter the storm water conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or non-storm water discharge and shall notify the director or city notification hotline, within 24 hours of the release of pollutants or non-storm water discharge.

(Ord. 009-2014 § 1)

A. Right of Entry. The director, designated agent, and representatives of the state and/or US EPA has the authority to enter private property, business, premises, or facility to conduct appropriate monitoring of those activities with the potential to generate a discharge to the storm water conveyance system. All entries shall be conducted at reasonable hours. Reasonable hours is interpreted to mean, during normal business hours or at times when suspected activities are taking place that would result in the generation of a storm water discharge. The city representatives must ask permission to enter the premises and present appropriate credentials upon entry. The discharger may refuse entry to the city. The city representatives are instructed to station an observer on public property to observe activities at the premises should entry be refused. The city will then obtain a search warrant from the appropriate judicial magistrate and return to the premises accompanied by a uniformed police officer to effect the search warrant.

B. Authority to Conduct Inspections. The director, designated agent, and representatives of the state and/or US EPA has the authority to inspect all areas of the premises to determine compliance to this chapter. Inspection may include the review and copying of documents associated with the generation and disposal of storm water. In addition, inspectors are authorized to photograph storm water discharges and connections to demonstrate compliance and/or noncompliance to the city codes.

C. Authority to Conduct Sampling. The director, designated agent, and representatives of the state and/or US EPA has the authority to collect samples, install temporary automatic samplers, and measurement devices to gather data to demonstrate compliance to the city codes.

D. Sample Collection and Analysis. All water samples used to determine compliance to this chapter shall use sample collection protocols recommended by the US EPA for the collection of environmental samples. All water samples shall be analyzed using methods approved by the US EPA and approved in 40 CFR 136. If a pollutant analysis is not listed in the approved methods of 40 CFR 136, then the analytical method must be approved by the director prior to analysis. All samples must be analyzed capable of achieving the minimum detection levels specified in most recent State Implementation Policy (SIP) for implementation of the State Water Quality Standards.

E. Confidentiality. The discharger may petition the director to hold certain information, including photographs and copied data, as confidential information. The city will determine the confidential status of the request and provide official notification to the petitioner. It is unlikely that the discharge characteristics, volume of discharges, and photographs of discharges and discharge connections will be granted confidential status. Proprietary information and trade secrets will likely be granted confidential status.

(Ord. 009-2014 § 1)

The director is authorized to assess the following fees associated with the implementation and enforcement of this chapter:

A. Permit fees associated with the cost of preparation of permit applications and permits, and the administration of the permit.

B. Inspection fees may be assessed for costs associated with inspections, document copying, photographing, and report preparation.

C. Sampling and analysis fees may be assessed for cost associated with the collection of samples, chemical and/or biological analysis of the samples, and preparation of laboratory reports, and cost associated with providing split samples to the discharger.

D. Cost recovery for the response, containment, clean up, and disposal of contaminated materials associated with an illegal discharge.

E. Other costs directly incurred by the city associated with the implementation and enforcement of this chapter.

(Ord. 009-2014 § 1)

The director may exercise any enforcement power authorized or provided in this code, including, without limitation, administrative penalties as may be necessary to effectively implement and enforce this chapter.

A. Administrative Enforcement Actions. The director is authority to take any of the following administrative enforcement actions.

1. Notice of Violation (NOV). The director may issue a notice of violation (NOV) for one or more violations of this chapter or permit. The NOV may be hand delivered or by registered or certified mail to the owner or operator of a business or premises. The NOV is a formal tool that allows the city to communicate the compliance issues concerning the violations, and may include requests for additional information to be provided by the recipient of the NOV. Within 30 days of receipt of the NOV the discharger must submit a written response to the city. Typically, an acceptable response is acknowledgement of the violation; the cause of the violation; the corrective actions taken to return to compliance; if the discharge remains in noncompliance, when the discharge will return to compliance; and the actions taken to prevent future noncompliance.

2. Cease and Desist Order. The director may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to the non-compliance discharge in violation of this chapter. This order may also require such person to: (1) comply with the applicable provisions of this chapter within a designated period of time or; (2) take appropriate remedial or preventative actions to keep the violation from recurring. A cease and desist order requires an immediate action to be taken by the recipient to return to compliance or halt the discharge.

3. Notice to Clean and Abate. The director shall require any person owning or occupying a premises to clean up and abate any release of pollutants within 72 hours of notification; high risk spills should be cleaned up as soon as possible. Conditions that may lead to a release of pollutants on those premises which may result in a violation of this chapter shall be abated within 30 days of notification. The abatement order may include modification or halting of practices that are taking place on the premises that may result in a violation of this chapter.

4. Mitigation. The director has the authority to order the mitigation of circumstances which may result in or contribute to illegal discharges.

5. Storm Water Pollution Prevention Plan. The director has the authority to establish elements of a storm water pollution prevention plan, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

6. Best Management Practices. The director has the authority to establish the requirements of a best management practices for any premises and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

7. Violations Constituting Misdemeanors. In addition to civil penalties provided for in this chapter, any violation of this chapter may be punishable as a misdemeanor as provided by the city municipal code.

8. Public Nuisance. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, or welfare, and is thus deemed a nuisance. Any such nuisance may be summarily abated and/or restored by the director or authorized designee. The city attorney is authorized to pursue civil action(s) pursuant to subsection (A)(3) of this section to abate, enjoin, or otherwise compel the cessation of the nuisance.

9. Cost Recovery. The cost of the abatement and restoration shall be borne by the owner of the property and the cost therefor shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, the director shall have the authority to place a lien upon and against the property. If the lien is not satisfied within three months, the director is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accordance with Government Code Section 38773.5.

10. Seasonal and Recurrent Nuisance. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

11. Costs of Enforcement. If the city prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the city shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable expenses may include, but are limited to, costs of investigation, administrative overhead, out-of- pocket expenses, costs of administrative hearings, and costs of suit. If any such costs are granted to the city, said costs shall be recoverable pursuant to subsection (A)(9) of this section.

B. Civil Actions. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by a civil action brought by the city attorney. Monies recovered under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and implementation of this chapter. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1. Temporary and/or permanent injunction;

2. Assessment of the violator for associated costs identified in this section;

3. Costs incurred in removal, correcting, or terminating the adverse effects resulting from the violation;

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

C. Authority to Arrest or Issue Citations. The director or authorized designee shall have and is vested with the authority to arrest or immediately cite and release any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as described in Chapters 5, 5C, and 5D, Title 3, Part 2 of the California Penal Code (or as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in Section 836.5 if the California Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

D. Emergency Orders and Abatements. The director may order the abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the director, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety or welfare, or the environment, or a violation of a NPDES permit. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety or welfare, or the environment or a violation of a NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of subsection (A)(9) of this section.

E. Remedies Not Exclusive. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulate and not exclusive.

(Ord. 009-2014 § 1)

Any person served with an enforcement order or who is otherwise grieved by the decision of the director or authorized designee, may appeal the decision to the city manager within 10 days following the effective date of the decision by filing a written appeal with the city manager. Upon receipt of such request, the city manager shall request a report and recommendation from the director and shall set the matter for hearing at the earliest practical date. Due notice of the hearing shall be provided to the person appealing the decision. At the hearing, the city manager may hear additional evidence, and may reject, affirm or modify the enforcement order. The decision of appeal hearing shall be final.

(Ord. 009-2014 § 1)