Seaside Municipal Code Art. I Title, Purpose and General Provisions

This chapter shall be known as “urban storm water quality management and discharge control” of the city of Seaside and may be so cited.

(Ord. 959 § 2 (Exh. A), 2007)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system. This chapter shall provide a comprehensive and integrated plan to regulate urban storm water quality management and discharge control.

(Ord. 959 § 2 (Exh. A), 2007)

The terms used in this chapter shall have the following meanings:

“Best management practices”

means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the city’s BMP Guidance Series, as discussed further in SMC § 8.46.130(A), for specific requirements. The city may adopt and amend, from time to time, its BMP series, as discussed in SMC § 8.46.130, to define specific requirements imposed in conjunction with the term “best management practices.” The term “BMP” shall have the same definition as the term “best management practices.”

“City”

means the city of Seaside.

“Clean Water Act”

means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.

“Construction activity”

means construction projects subject to National Pollution Discharge Elimination System (NPDES) construction permits or industrial permits. Such construction activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.

“Hazardous materials”

means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117 as it may be amended from time to time).

“Illegal discharge”

means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in SMC § 8.46.090.

“Illicit connections”

is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater, and washwater to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.

“Industrial activity”

means activities subject to NPDES industrial permits as defined in 40 C.F.R. Section 122.26(b)(14), as it may be amended from time to time.

“National Pollutant Discharge Elimination System (NPDES) storm water discharge permits”

means general, group, and individual storm water discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including, but not limited to, the general construction activity and general industrial activity permits.

“Non-storm water discharge”

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

“Pollutant”

means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries and concrete rinsates); and noxious or offensive matter of any kind.

“Pollution”

means the human-made or humaninduced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050 as it may be amended from time to time).

“Porter-Cologne Act”

means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq., as it may be amended from time to time).

“Premises”

means any building, structure, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Storm drain system”

means publicly owned facilities operated by the city by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 C.F.R. Section 122.2, as it may be amended from time to time.

“Storm water”

means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

“Waters of the United States”

means surface watercourses and water bodies as defined at 40 C.F.R. Section 122.2, as it may be amended from time to time, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(Ord. 959 § 2 (Exh. A), 2007)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city.

The provisions and requirements of this chapter shall become effective upon its adoption by the city council of the city of Seaside except that:

A. The provisions and requirements pertaining to construction sites, as described in SMC § 8.46.130(C) and in the BMP Guidance Series as described in SMC § 8.46.130(A), shall not become effective until September 8, 2007; and

B. The provisions and requirements pertaining to new development and redevelopment, as described in SMC § 8.46.130(D) and in the BMP Guidance Series as described in SMC § 8.46.130(A), shall not become effective until September 8, 2008.

(Ord. 959 § 2 (Exh. A), 2007)

The city engineer of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city engineer may be delegated in writing by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 959 § 2 (Exh. A), 2007)

The provisions of this chapter are declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 959 § 2 (Exh. A), 2007)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. 959 § 2 (Exh. A), 2007)

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, nor unauthorized discharge of pollutants into waters of the U.S. caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof, for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder. All persons undertaking construction activities shall employ, to the maximum extent practicable, erosion prevention and construction site management practices that ensure discharges do not cause or contribute to an exceedence of the water quality standards contained in a statewide water quality control plan, the California Toxics Rule or the Central Coast Regional Water Quality Control Board Basin Plan.

(Ord. 959 § 2 (Exh. A), 2007)