Rolling Hills Estates Municipal Code Ch. 8.38 Stormwater and Urban Runoff Pollution Control

Footnotes:

--- (5) ---

Editor's note— Ord. No. 742, § 3(Exh. A), adopted August 23, 2022, amended Chapter 8.38 in its entirety to read as herein set out. Former Chapter 8.38, §§ 8.38.010—8.38.090, pertained to similar subject matter, and derived from Ord. No. 698, § 2(Exh. A), 5-26-2015.

For the purposes of this chapter, the following words and phrases will have the meanings set forth in this section. Words and phrases not defined in this section or elsewhere in this chapter will have the meanings set forth in the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and the Porter-Cologne Water Quality Control Act, as they may be amended from time to time, and if not defined in such laws, then the applicable definitions in the municipal NPDES permit will apply.

"Best management practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.

"Biofiltration" is a low impact development (LID) BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Biofiltration BMPs include bioretention systems with an underdrain and bioswales.

"Bioretention" is an LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES Permit, a bioretention BMP may be designed with an overflow drain but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated as a biofiltration BMP.

"City" means the city of Rolling Hills Estates.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 and following) as amended.

"Construction general permit" means NPDES general permit for stormwater discharges associated with construction and land disturbance activities, NPDES No. CAS000002, SWRCB Order No. 2009-0009-DWQ, as amended by SWRCB Order 2010-0014-DWQ, as amended by SWRCB Order No. 2012-0006-DWQ and any amendments or successor permit to that permit.

"Development" means any construction, rehabilitation, redevelopment or reconstruction for which either a discretionary land use approval or a permit is required for any public or private residential (whether single-family, multi-unit or planned unit development); industrial; commercial; retail; institutional; and other nonresidential projects, including public agency projects; or mass grading for future construction.

"Discharge" when used without qualification means the discharge of a pollutant.

"Discharger" means any person causing a discharge.

"Enforcement officer" means any person authorized to enforce the provisions of this chapter.

"Hydromodification" means the alteration of the hydrogeomorphic characteristics of coastal and non-coastal surface waters, including the beds or banks of rivers, streams or creeks, which in turn could cause degradation of water resources.

"Illicit connection" means any human-made conveyance that is connected to the MS4 without a permit, through or by which an illicit discharge may be discharged. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4.

"Illicit discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state or federal law. This includes any non-stormwater discharge, except authorized non-stormwater discharges in accordance with the municipal NPDES permit, conditionally exempt non-stormwater discharges in accordance with the municipal NPDES permit; and non-stormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit.

"Inspection" means the entry and conducting of an on-site review of structures and devices on a property, at reasonable times, to determine compliance with this chapter or other applicable legal requirements.

"Low impact development (LID)" means implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire and/or 3) harvest and use precipitation near to where it falls to earth.

"Municipal NPDES permit" means the "Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties " (Order No. R4-2021-0105), NPDES Permit No. CAS004004, effective September 11, 2021, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any amendments or successor permit to that permit.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

A. Owned or operated by the city or the county of Los Angeles within the jurisdiction of the city that discharges to waters of the United States;

B. Designed or used for collecting or conveying stormwater;

C. Which is not a combined sewer; and

D. Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

"Natural drainage systems" means drainage courses that have not been modified using engineering controls or drainages that are tributary to a natural drainage system. Examples of engineering modifications to a drainage course include channelization, armoring with concrete, and application of riprap. The clearing or dredging of a natural drainage system does not constitute a "modification" for purposes of this definition.

"New development" means land disturbing activities, structural development, including construction or installation of a building or structure, creation and replacement of impervious surfaces; and land subdivision.

"Non-stormwater discharge" means any discharge to the MS4 that is not composed entirely of stormwater.

"Occupant" means any person who dwells, resides or works at a property.

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. "Pollution" also means an alteration of the quality of waters of the state by waste to a degree that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

"Porter-Cologne Water Quality Control Act" means the legislation codified as Division 7 of the California Water Code.

"Priority Development Projects" are land development projects that fall under the city's planning and building authority which are subject to specific requirements including the implementation of structural BMPs to meet the Priority Development Project Structural BMP Performance Requirements of the Municipal NPDES Permit.

"Rainfall Harvest and Use" is an LID BMP system designed to capture runoff and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used to replace certain potable water uses such as toilet flushing if the system includes disinfection treatment and is approved for such use by the local building department.

"Redevelopment" includes but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Regional board" means the California Regional Water Quality Control Board—Los Angeles Region.

"Regional stormwater mitigation program" means a program to substitute in part or wholly for new development and redevelopment requirements for the area covered.

"Routine maintenance" includes projects conducted to:

A. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility;

B. Perform as needed restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities;

C. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders, and performing ditch cleanouts;

D. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity;

E. Repair leaks; or

F. Conduct landscaping activities without changing existing or natural grades.

Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

"Separate NPDES permit" means any waste discharge requirements issued by the state board or regional board as an NPDES permit (other than the municipal NPDES permit).

"Significant ecological area (SEA)" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan.

"Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Examples of such BMPs include vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

"State board" means the California State Water Resources Control Board.

"State general permit" means a permit issued by the state board or the regional board pursuant to 40 CFR 122 and 123 to regulate a category of point sources. The term "state general permit" includes, but is not limited to, the general permit for stormwater discharges associated with construction activity and the general industrial activities stormwater permit and the terms and requirements of both. In the event the USEPA revokes the in-lieu permitting authority of the state board, then the term "state general permit" will also refer to any USEPA administered stormwater control program for industrial, construction, and any other category of activities.

"Stormwater" or "storm water" means any surface flow, runoff, or drainage associated with precipitation events or snow melt, as defined in 40 CFR 122.26(b)(13).

"USEPA" means the United States Environmental Protection Agency.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

The purpose of this chapter is to implement the Clean Water Act, the Porter-Cologne Water Quality Control Act, and the city's municipal NPDES permit by:

A. Reducing pollutants in stormwater discharges to the maximum extent practicable;

B. Eliminating illicit connections and illicit discharges, thereby reducing the level of pollutants in stormwater and urban runoff into the MS4;

C. Regulating non-stormwater discharges to the MS4, with the exception of those resulting from natural flows as defined in the municipal NPDES permit; and

D. Incorporating structural best management practices and other mitigation measures and design features regarding stormwater runoff in new development and redevelopment projects.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

This chapter will be construed to assure consistency with the requirements of the Clean Water Act and the Porter-Cologne Water Quality Control Act, and their implementing regulations, and the municipal NPDES permit.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

A. Illicit Connections. No person may construct, use, maintain, operate or utilize an illicit connection; or cause, permit, or allow any agent, employee, independent contractor or other person, to construct, maintain, operate, or utilize an illicit connection.

B. Illicit Discharges. No person may cause, allow or facilitate an illicit discharge; or cause, permit, or allow any agent, employee, or independent contractor, to cause, allow, or facilitate an illicit discharge.

C. Littering or dumping. No person may throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, manure or any animal waste, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the city, so that such object or material might be or become a pollutant. No person may throw or deposit litter in any fountain, pond, stream or other body of water within the city. This subsection does not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

D. Disposal of Landscape Debris. No person may intentionally dispose of leaves, dirt, or other landscape debris into the MS4.

E. Septic Waste. No person may deposit, discharge, dump, or otherwise leave any chemical waste or septic waste exposed to precipitation.

F. Non-Stormwater Discharges. Non-stormwater discharges to the MS4 are prohibited unless they are: exempted by the state board, regional board, or the regional board executive officer in accordance with the municipal NPDES permit; in compliance with a separate NPDES permit; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the municipal NPDES permit; conditionally exempt non-stormwater discharges as defined in accordance with the municipal NPDES permit; or authorized as a temporary non-stormwater discharge by the USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

G. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the municipal NPDES permit, either separately or in combination with other discharges, is prohibited.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

Discharges from those activities specifically identified in the municipal NPDES permit as being authorized or conditionally exempted discharges will not be considered a violation of this chapter, provided that all required conditions, including applicable BMPs pursuant to the municipal NPDES permit, are implemented prior to discharge to minimize any adverse impacts from such identified sources and that any required municipal permits or approvals are obtained prior to discharge. Conditionally exempt non-essential non-stormwater discharges are exempt only so long as they are not a source of pollutants that will cause or contribute to an exceedance of applicable water quality limitations specified in the municipal NPDES permit.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

Owners and occupants of property within the city must comply with the following requirements:

A. Use of Water. Runoff of water used for irrigation purposes and from the conditionally exempt washing down of paved areas must be minimized to the maximum extent practicable and be consistent with Chapter 13.04 of this code. Conditionally exempt non-stormwater discharges of street/sidewalk wash water only include discharges produced using high pressure, low volume spray washing with only potable water and no cleaning agents at an average usage of 0.006 gallons per square foot of area. Sweeping and collection of debris for trash disposal instead of or prior to use of water should be utilized when possible.

B. Storage of Materials, Machinery, and Equipment. Wherever possible, materials, machinery and equipment should be stored, repaired and maintained in a manner that does not expose them to stormwater. Materials, machinery or equipment that is exposed to stormwater must be repaired or maintained in accordance with BMPs so that leaks, spills and other maintenance-related pollutants are not discharged to the MS4.

C. Storage of Oil or Oily Material, Chemicals, Refuse, Manure or Other Materials That May Result in Pollution. Oil or oily material, chemicals, refuse, manure or any animal waste, or other materials that may result in pollution may not be stored or deposited by any person in areas where they may be picked up by rainfall and carried off of the property or discharged to the MS4. Any such spill of such materials must be contained and removed immediately.

D. Removal and Disposal of Debris from Industrial/Commercial Motor Vehicle Parking Lots. Industrial/commercial motor vehicle parking lots with exposure to stormwater must be swept regularly or other equally effective measures must be utilized to remove oil, chemicals, debris, or other pollutionable materials from such parking lots in a manner that does not cause a discharge of pollutants or debris to the MS4.

E. Food Wastes. Food wastes (including fats, oils, and grease) generated by nonresidential food service and food distribution sources must be properly disposed of and in a manner so such wastes are not discharged to the MS4 or exposed to precipitation or vectors.

F. Best Management Practices. BMPs must be used in areas exposed to stormwater for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries or other materials which have potential adverse impacts on water quality.

G. Industrial/Commercial Facilities Control Program. Industrial/commercial facilities identified as critical sources in the municipal NPDES permit or identified by the city must implement and comply with applicable BMPs specified by the municipal NPDES permit and any other BMPs specified by the city or other regulatory agencies necessary to maintain or achieve water quality objectives as further described in section 8.38.080.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

General. New and redevelopment projects must control pollutants, pollutant loads, and stormwater runoff volume from the completed project site by minimizing the impervious surface area and controlling runoff. To the extent that the city may lawfully impose conditions, mitigation measures, or other requirements on a development project, a new development or redevelopment project must implement stormwater mitigation measures to conserve natural areas, protect slopes and channels, minimize impervious areas, divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability, and direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. Priority Development Projects must incorporate structural BMPs in accordance with the requirements of the municipal NPDES permit.

A. Compliance with Municipal NPDES Permit. The following new development and redevelopment projects are required to comply with the Priority Development Project requirements of the municipal NPDES permit:

1. New development projects that are in any of the following categories:

a. Projects equal to one acre or greater of disturbed area and adding ten thousand square feet or more of impervious surface area (collectively over the entire project site)

b. Industrial parks of ten thousand square feet or more of surface area

c. Commercial malls of ten thousand square feet or more of surface area

2. Redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) on any of the following:

a. Existing sites of ten thousand square feet or more of impervious surface area

b. Industrial parks of ten thousand square feet or more of surface area

c. Commercial malls of ten thousand square feet or more of surface area

3. New development and redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) and support one or more of the following uses:

a. Restaurants (SIC 5812)

b. Parking lots

c. Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539)

d. Retail gasoline outlets

4. New development and redevelopment projects that create and/or replace two thousand five hundred square feet or more of impervious area, discharge stormwater that is likely to impact a sensitive biological species or habitat, and are located in or directly adjacent to or are discharging directly to a Significant Ecological Area as identified by the County of Los Angeles Significant Ecological Areas Program.

5. The Priority Development Project Structural BMP Performance Requirements of the municipal NPDES permit are applicable to redevelopment Priority Development Projects as follows:

a. Where redevelopment results in an alteration to more than fifty percent of the impervious surface area of a previously existing development the entire project must be mitigated.

b. Where redevelopment results in an alteration to less than fifty percent of the impervious surface area of a previously existing development only the alteration must be mitigated, and not the entire development.

Redevelopment does not include routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety.

B. Street and road construction of ten thousand square feet or more of impervious area must follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways and freeway projects. Temporary access roads are not subject to this requirement. Projects under this category must follow the city's green street policy and are exempt from the Priority Development Project Structural BMP Performance Requirements of the municipal NPDES permit.

C. Incorporation of Municipal NPDES Planning and Land Development Program Requirements into Project Plans. New development and redevelopment projects subject to the Priority Development Project requirements under the municipal NPDES permit must incorporate structural BMP performance requirements and hydromodification management requirements into plans submitted to the city as follows:

1. Stormwater Mitigation. Prior to the issuance of any grading, building, or construction permit, project applicants must prepare a post-construction stormwater mitigation plan that includes those BMPs necessary to control stormwater pollution from the completed priority development project. The structural or treatment control BMPs (also referred to as post-construction BMPs) in the stormwater mitigation plan must meet the Priority Development Project Structural BMP Performance Requirements of the municipal NPDES permit in the following order of preference:

a. On-site infiltration, bioretention and/or rainfall harvest and use;

b. Where subpart a. above is infeasible, then on-site biofiltration, off-site groundwater replenishment, and/or offsite retrofit; or

c. On-site treatment where a. and b. above are infeasible.

2. Priority Development Project Structural BMP Performance Criteria.

a. Project applicants must incorporate required structural/post-construction BMPs into the plans submitted to the city in a form and content acceptable to the city.

b. Structural/post-construction BMPs are required for all priority development projects unless technical infeasibility is demonstrated and alternative compliance measures are approved as provided in the municipal NPDES permit. Structural/post-construction BMPs must be implemented to retain on-site the storm water quality design volume (SWQDv), defined as runoff from the greater of either:

i. The 0.75-inch, twenty-four-hour rain event; or

ii. The eighty-fifth percentile, twenty-four-hour rain event.

3. Alternative Compliance Measures. Priority development projects unable to retain one hundred percent of the SWQDv on-site due to technical infeasibility, must implement alternative compliance measures in accordance with the municipal NPDES permit. To be eligible for alternative compliance measures due to technical infeasibility, the project applicant must submit a site-specific hydrologic and/or design analysis consistent with Technical Infeasibility Demonstration requirements of the municipal NPDES permit conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect for approval by the city.

4. Hydromodification Management Requirements. Priority development projects located within natural drainage systems are subject to hydromodification management requirements and must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. The purpose of hydrologic controls is to minimize impacts from changes in post-development hydrologic stormwater runoff discharge rates, velocities, and duration.

a. All non-exempt priority development projects located within natural drainage systems must implement hydrologic control measures consistent with Hydromodification Management Control Criteria of the municipal NPDES permit to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems.

i. Priority Development Projects disturbing an area less than or equal to one acre may satisfy the hydromodification management requirements of the municipal NPDES permit by meeting the Priority Development Project Structural BMP Performance Requirements of the municipal NPDES permit.

ii. Priority Development Projects disturbing an area greater than one acre within natural drainage systems must demonstrate that one of the Hydromodification Management Control Criteria in the municipal NPDES permit is met as applicable for the disturbed area of the project or, alternatively, may demonstrate that the hydromodification requirements in the current County of Los Angeles Low Impact Development Manual are met as applicable for the disturbed area of the project.

b. The following new development and redevelopment projects are exempt from implementation of hydromodification controls where assessments of downstream channel conditions and proposed discharge hydrology indicate that adverse hydromodification effects are unlikely:

i. Projects that are replacement, maintenance, or repair of an existing flood control facility, storm drain, or transportation network;

ii. Projects with any increased discharge, directly or through a storm drain, to a sump, lake, area under tidal influence, into a waterway with a one-hundred-year peak flow of twenty-five thousand cubic feet per second or greater, or other receiving water that is not susceptible to impacts of hydromodification; and

iii. Projects that discharge, directly or through a storm drain, into concrete or other engineered channels which discharge into a receiving water that is not susceptible to impacts of hydromodification as described in iii. above.

iv. LID BMPs implemented on single family home projects are sufficient to comply with Hydromodification criteria.

D. Approval Procedure. No zone clearance, grading or building permits may be issued for any new development or redevelopment project until the city confirms that the project's post-construction stormwater mitigation plan complies with the applicable municipal NPDES permit requirements including applicable hydromodification management requirements.

1. Review of Project Post-Construction Stormwater Mitigation Plans. The city will review the post-construction stormwater mitigation plan to assure that all applicable requirements have been addressed and that the applicant has identified structural BMPs necessary to protect the MS4 from discharges. If the post-construction stormwater mitigation plan is found to comply with the provisions of this section, the zone clearance, grading or building permits may be issued for the project. If, during construction, the plan is found to be deficient by the city or any other agency with jurisdiction over the project, the applicant must amend the plan to address the deficiency.

2. Review of Operation, Maintenance and Monitoring Plans. With the exception of simple LID BMPs implemented on single-family residences, project owners must provide an operation, maintenance and monitoring plan, and verification of ongoing maintenance provisions for structural/post-construction BMPs and any treatment control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, California Environmental Quality Act (CEQA) mitigation requirements, conditional use permits, and other legally binding maintenance agreements.

3. BMP Certification Statement for Issuance of Certificates of Occupancy or Building Final. As a condition for issuing a certificate of occupancy or building final for new development or a redevelopment project subject to the requirements of the municipal NPDES permit, the city will require facility operators and owners to build all the structural/post-control BMPs and/or treatment BMPs that are shown on the approved project plans and post-construction stormwater mitigation plan and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the municipal NPDES permit and other applicable regulatory requirements and in accordance with the Operation, Maintenance and Monitoring Plans for the structural or treatment control BMPs. The operation and maintenance plan and maintenance and monitoring records must be kept on-site and available for review by the city's authorized enforcement officer upon request.

E. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.

1. The transferee or any other successor or assign of a property subject to a requirement for maintenance of structural and/or treatment control BMPs must either:

a. Assume responsibility for maintenance of any existing structural and/or treatment control BMPs; or

b. Replace an existing structural or treatment control BMP with new structural and/or treatment control BMPs meeting the then current standards of the city and the municipal NPDES permit.

Such requirement will be included in any city approval or permit that runs with the property or project, or in a recorded restrictive covenant for such property, and may also be included in any sale or lease agreement or deed for such property. Such transferee, successor, or assignee must also assume responsibility to conduct maintenance inspections of all structural and/or treatment control BMPs at least once a year and retain proof of inspection.

2. For residential properties where the structural or treatment control BMPs are located within a common area, which will be maintained by the community association or equivalent organization, this obligation will be enforced through an agreement with the association or in the city-approved covenants, conditions and restrictions (CC&Rs) for the association.

3. If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be issued by the USEPA, the state board, or the regional board, must comply with all requirements of such permit. Each discharger identified in an individual NPDES permit must comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the enforcement officer prior to the issuance of any grading, building, final approval, or any other type of permit or license issued by the city.

B. Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities are prohibited unless the non-stormwater discharges are in compliance with a separate NPDES Permit or are otherwise exempt as summarized in section 8.38.050.

C. Industrial and commercial facilities as defined under the municipal NPDES permit or identified by the city to be sources of pollutants must implement effective BMPs, including source control BMPs, in accordance with the requirements of the municipal NPDES permit to reduce pollutants in stormwater from such sites to the maximum extent practicable.

D. Stormwater runoff containing sediment, construction materials, or other pollutants from the construction site and any adjacent staging, storage or parking areas must be reduced to the maximum extent practicable. Construction sites must implement an effective combination of erosion and sediment control BMPs from the municipal NPDES permit to prevent erosion and sediment loss, and the discharge of construction wastes. The requirements of the municipal NPDES permit apply to all construction activities, including but not limited to the Planning and Land Development Program and the Construction Program provisions, and must be met prior to the issuance of any grading, building, or construction permit issued by the city.

E. Construction sites disturbing one acre or more must also adhere to the requirements set forth in the construction general permit. Evidence of coverage under the construction general permit in the form of an active WDID number and a stormwater pollution prevention plan (SWPPP) for construction sites of one acre or greater must be kept on site at all times available for review by the city's enforcement officer.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)

A. Enforcement officers may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance or noncompliance with the municipal NPDES permit, including the prohibition of non-stormwater discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determine the concentrations of pollutants in stormwater and non-stormwater runoff. The inspections may include but are not limited to:

1. Inspecting efficiency or adequacy of construction or post construction BMPs;

2. Inspecting, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;

3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;

4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and

5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge.

B. Facility Inspections. Commercial and industrial facilities as defined in the municipal NPDES Permit or identified by the city to be sources of pollutants must be periodically inspected by city enforcement officers or authorized inspectors. Inspections will be conducted no less than biennially and as often as necessary as the city deems appropriate to verify compliance with this chapter.

C. Violations Deemed a Public Nuisance.

1. Any condition caused or permitted to exist in violation of any of the provisions of this chapter or the municipal NPDES permit is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance and may be abated or restored by any enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

2. The cost of such abatement and restoration will be borne by the owner of the property and the cost thereof will be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

3. If any violation of this chapter or the municipal NPDES permit constitutes a seasonal and recurrent nuisance, the city manager will so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection will constitute a public nuisance and violation of this chapter.

D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter or the municipal NPDES permit will constitute a violation of such provision.

E. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter or the municipal NPDES permit may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1. A temporary and permanent injunction;

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

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

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

F. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the city may utilize the following administrative remedies:

1. Cease and Desist Orders. When an enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter or the municipal NPDES permit, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying must:

a. Comply with the requirement;

b. Comply with a time schedule for compliance; and

c. Take appropriate remedial or preventive action to prevent the violation from recurring.

2. Notice to Clean. Whenever an enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, solid waste or any other material of any kind that may cause pollution, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, solid waste or other material that may cause pollution, in any manner that the officer may reasonably deem necessary. The recipient of such notice must undertake the activities described in the notice.

G. Penalties. Violation of this chapter or the municipal NPDES permit is punishable as a misdemeanor as set forth in section 1.24.010 of this code. Each day that a violation continues constitute a separate offense.

H. Permit Revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.

I. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for in this chapter are cumulative and not exclusive.

(Ord. No. 742, § 3(Exh. A), 8-23-2022)