Sebastopol Municipal Code Ch. 13.20 Stormwater Ordinance

This chapter shall be known as the “Stormwater Ordinance” of the City of Sebastopol and may be so cited. (Ord. 1068, 2014)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to 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 stormwater discharges to the maximum extent practicable and by prohibiting nonstormwater discharges to the storm drain system. (Ord. 1068, 2014)

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

“Best management practices (BMPs)” 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 stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of nonstormwater, 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.

“City” means the City of Sebastopol.

“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 activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

“Discharger” means any individual or private or public facility that releases, spills, leaks, pumps, flows, dumps, or disposes of any substance into the City’s storm drain system.

“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).

“Illegal discharge” means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in SMC 13.20.060(B)(1), (2) and (3).

“Illicit connections” is defined as either of the following:

1. 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 nonstormwater discharge including sewage, process wastewater, and wash water 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

2. 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/discharger” means any public or private activity/facility which is associated with any of the 11 categories of activities defined by 40 CFR Section 122.26(b)(14), and required to obtain an NPDES permit.

“National pollutant discharge elimination system (NPDES) stormwater discharge permits” means general, group, and individual stormwater discharge permits which regulate facilities de fined in Federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general stormwater discharge permits, including but not limited to the general construction activity and general industrial activity permits.

“Nonstormwater discharge” means any discharge to the storm drain system that is not com posed entirely of stormwater or any release of pollutants that potentially or actually discharges to the City’s storm drain system.

“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 human-induced 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).

“Porter-Cologne Act” means the Porter-Cologne Water Quality Control Act, as amended (California Water Code Section 13000 et seq.).

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

“Program leader” means the Engineering Director or other person designated by the City Manager to administer the City’s stormwater management program.

“Storm drain system” means publicly owned facilities operated by the City or by the State of California Department of Transportation by which stormwater 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 humanmade 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 CFR Section 122.2.

“Stormwater” 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 CFR Section 122.2, 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 stormwater at and during all times and seasons. (Ord. 1068, 2014)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City of Sebastopol. (Ord. 1068, 2014)

The program leader of the City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the program leader may be delegated in writing by the program leader to persons or entities acting in the beneficial interest of or in the employ of the City. (Ord. 1068, 2014)

A. The release of nonstormwater discharges to the City’s stormwater system is prohibited.

B. The following discharges are exempt from the prohibition set forth in subsection A of this section:

1. Any discharge in compliance with a National Pollution Discharge Elimination System (NPDES) permit issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency;

2. Discharges from the following activities will not be considered a prohibited discharge to the City’s stormwater system when properly managed:

a. Flushing of potable water from potable water lines and other discharges from potable water sources,

b. Landscape irrigation and lawn watering,

c. Irrigation water,

d. Diverted stream flows,

e. Rising ground waters,

f. Uncontaminated ground water infiltration to storm drains,

g. Uncontaminated pumped ground water,

h. Foundation and footing drains,

i. Water from crawl space pumps,

j. Air conditioning condensation,

k. Springs,

l. Runoff from individual residential car washing,

m. Flows from riparian habitats and wetlands,

n. Dechlorinated swimming pool discharges,

o. Flows from emergency fire fighting, and

p. Other flows necessary for implementing BMPs directed or approved by the program leader;

3. With written concurrence of the Regional Board, the City of Sebastopol may exempt in writing other nonstormwater discharges that are neither a source of pollutants to the storm drain system nor waters of the U.S.

C. Any discharge that would result in, or contribute to, a violation of any NPDES permit for stormwater discharges within the City and any amendment, revision, or reissuance of such permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge.

D. It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City’s stormwater system.

E. It is unlawful to establish, use, maintain or continue drainage connections to the City’s stormwater system that are or may be a source of prohibited discharges.

F. It is unlawful to commence or continue any unauthorized and/or prohibited discharges to the City’s stormwater system.

G. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any stormwater system or upon any public or private plot of land in the City so that the same might become a pollutant, except in lawfully established waste disposal facilities. (Ord. 1068, 2014)

A. Any person engaging in activities that may result in pollutants entering the City’s storm drain system shall undertake all practicable measures to reduce and/or eliminate such pollutants.

B. Any construction contractor performing work in the City shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the stormwater system.

C. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related stormwater systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the stormwater system.

D. Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

E. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

F. Each industrial discharger, discharger associated with construction activity or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general stormwater permit to the program leader, and shall pay any associated monitoring and enforcement fees to the City that may be set by the City Council. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

G. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any State of California agency, any North Coast Area agency, or the City, for any activity, operation or facility which may cause or contribute to prohibited discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement.

H. The program leader may require any business in the City that is engaged in activities which may result in prohibited discharges to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

I. The City may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter. (Ord. 1068, 2014)

The program leader may require by written notice that a person responsible for an illegal dis charge shall immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal dis charges. (Ord. 1068, 2014)

A. The program leader may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 1068, 2014)

Whenever the program leader finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the program leader may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time. (Ord. 1068, 2014)

The program leader may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or nonstormwater discharges to the storm drain system or waters of the United States shall undertake at said person’s expense such monitoring and analyses and furnish such reports to the City of Sebastopol as deemed necessary to determine compliance with this chapter. (Ord. 1068, 2014)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the City’s Building Official in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City’s Building Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 1068, 2014)

Whenever it is necessary to make an inspection to enforce any provision of this chapter, or whenever the program leader has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the program leader may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 1068, 2014)

During any inspection as provided herein, the program leader may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 1068, 2014)

Whenever the program leader finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the program leader may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illicit connections or discharges;

C. That violating discharges, practices, or operations shall cease and desist;

D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

E. Payment of a fine to cover administrative and remediation costs;

F. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the program leader and the expense thereof shall be charged to the violator. (Ord. 1068, 2014)

Notwithstanding the provisions of SMC 13.20.190, any person receiving a notice of violation under SMC 13.20.150 may appeal the determination of the program leader to the City Manager. The notice of appeal must be received by the City Manager within five days from the date of the notice of violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of City’s receipt of the notice of appeal.

The decision of the City Manager or designee shall be final. (Ord. 1068, 2014)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under SMC 13.20.160, within 10 days of the decision of the City Manager upholding the decision of the program leader, then the City or a contractor designated by the program leader shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. Should any person, owner, agent or person in possession of any premises refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above, the City or designated contractor shall obtain a warrant to enter the subject property. (Ord. 1068, 2014)

Within 30 days after abatement of the nuisance by City, the program leader shall notify the property owner of the subject property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days of said notification. The City Clerk shall set the matter for public hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final.

If the amount due is not paid within 10 days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 1068, 2014)

The program leader is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the program leader, the City of Sebastopol is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Sebastopol shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this chapter. (Ord. 1068, 2014)

A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor.

B. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the City may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the City for noncompliance with the municipal stormwater discharge permit for the Santa Rosa area.

C. Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.

D. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 1068, 2014)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the pro gram leader may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 1068, 2014)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. (Ord. 1068, 2014)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the PorterCologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability. (Ord. 1068, 2014)