Selma Municipal Code Ch. 10 Urban Storm Water Quality Management

This chapter shall be known as the URBAN STORM WATER QUALITY MANAGEMENT ORDINANCE of the city of Selma. (Ord. 2007-9, 9-17-2007)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to protect and enhance the quality of the city's watercourses, water bodies, and wetlands pursuant to and consistent with all applicable state and federal laws related to storm water management, including, but not limited to, the clean water act (33 United States Code section 1251 et seq.), the national pollution discharge elimination system regulations (40 code of federal regulations part 122) and the city's storm water discharge permit for small municipal storm sewer systems (MS4). (Ord. 2007-9, 9-17-2007)

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

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

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

CLEAN WATER ACT: The federal water pollution control act, as amended, 22 United States Code section 1251 et seq.

DIRECTOR: The public works director.

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

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

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES): Storm water discharge permit for small municipal storm sewer systems (MS4) permit issued by the California state water resources control board which authorizes the discharge of storm water pursuant to the clean water act section 402 (33 USC section 1342).

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

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

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

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

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

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

STORM WATER: Storm water runoff, surface runoff and drainage. (Ord. 2007-9, 9-17-2007)

The director of public works shall have the authority to exercise the powers and perform the duties set forth in this chapter and to administer and enforce provisions of this chapter. The director of public works may designate other employees to exercise such powers and perform such duties, as he/she deems appropriate. (Ord. 2007-9, 9-17-2007)

This chapter shall be construed to assure consistency with requirements of the federal clean water act and its implemented regulations for storm water management, and to comply with the California state water resources control board's storm water discharge permit for small MS4s, and shall be applicable to all storm water generated on any developed or undeveloped urban lands lying within the city of Selma or conveyed by the public storm drain system. (Ord. 2007-9, 9-17-2007)

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, or unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the city of Selma, or any agent or employee thereof, for any damages, claims, or liabilities that result from any dischargers, reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2007-9, 9-17-2007)

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

(B) Addition Of Pollutants Prohibited: Unless expressly authorized or exempted by this chapter, no person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to storm water.

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

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

2. The following categories of nonstorm water discharges are permissible unless otherwise prohibited under subsection (C)3, (C)4 or (C)5 of this section:

Air conditioning condensation.

Dechlorinated swimming pool discharges.

Discharges from emergency firefighting activity.

Discharges from potable water sources.

Diverted stream flows.

Flows from riparian habitats and wetlands.

Footing drains.

Foundation drains.

• Individual residential car washing.

• Irrigation water.

• Landscaping irrigation.

• Lawn watering.

Rising ground waters.

Springs.

Uncontaminated ground water infiltration as defined in 40 CFR section 35.2005(20).

Uncontaminated pumped ground water.

Water from crawl space pumps.

Water line flushing.

Or any other activity that the director identifies is not a significant contributor of pollutants during the city of Selma's NPDES storm water discharge permit for small MS4's permit term.

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

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

5. No person shall establish, use, maintain, or continue any connection to the public storm drain system which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 2007-9, 9-17-2007)

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

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

(C) If best management practice is required by the public works director or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council of the city of Selma to reconsider the application of the BMPs to the premises or activity. The written petition must be received by the city clerk within ten (10) working days of the notice issued by the public works director or city engineer. The petition shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2007-9, 9-17-2007)

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

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

(C) If best management practice is required by the public works director or city engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the city council of the city of Selma to reconsider the application of the BMPs to the premises or activity. The written petition must be received within ten (10) working days at the issuance of the notice by the public works director or city engineer and shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such a requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2007-9, 9-17-2007)

Property owners or operators shall ensure long term operation and maintenance of postconstruction storm water runoff control mechanisms, such as retention basins, dry wells and other measures described in 40 CFR 122.34(b)(5)(iii). (Ord. 2007-9, 9-17-2007)

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

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

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

2. By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventative measures put into place to prevent a subsequent discharge. (Ord. 2007-9, 9-17-2007)

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

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

(C) Access Refusal: If an authorized employee of the city of Selma has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect, interview, copy, photograph or sample as part of an inspection and sampling procedure of the city designed to determine compliance with the requirements of this chapter or any related laws or regulations designed to protect the environment and the public health, safety and welfare of the community, then the public works director or city engineer may seek issuance of a search warrant from a magistrate judge or judicial officer of the Fresno County superior court. (Ord. 2007-9, 9-17-2007)

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

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

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

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

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

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

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

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

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

(J) Liability For Costs: The public works director or city engineer may assess liability for costs to any person found in violation of this chapter for all actual costs incurred by the city of Selma in surveillance, sampling and testing, abatement, and remediation associated with a discharge that is in violation of this chapter. Additionally, the public works director or city engineer may assess liability for costs to any person whose discharge resulted in a violation of the city's storm water discharge permit. (Ord. 2007-9, 9-17-2007)

In the event of any conflict between this chapter and any federal or state law, regulation, permit, or other ordinance of the city of Selma, the requirements which establishes the stricter standard shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law. (Ord. 2007-9, 9-17-2007)

If any section, subsection, sentence, clause, phrase or portion of this chapter or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. (Ord. 2007-9, 9-17-2007)

Any person found guilty of violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine or by imprisonment, or both such fine and imprisonment as specified herein. Each day that a violation continues shall be a separate offense punishable as herein described. (Ord. 2007-9, 9-17-2007)