Sierra Madre Municipal Code Ch. 7.04 General Provisions

The purpose of this title is to protect the public health, welfare and safety and to reduce the quantity of pollutants being discharged to the waters of the United States. This title has the following objectives:

A. Elimination of non-stormwater discharges to the municipal storm sewer system;

B. Elimination of spillage, dumping and disposal of pollutants into the municipal storm sewer system;

C. Reduction of pollutants in stormwater discharges to the maximum extent practicable;

D. To protect and enhance the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act.

(Ord. 1137 § 1 (part), 1997)

For purposes of this title, the following words and terms shall have the meanings set out in this section:

"Best management practice" means activities, practices, facilities and procedures that when implemented prevent or reduce the pollution of waters of the state.

"Building official" means the current building official of the city or his or her authorized designee.

"City" means the city of Sierra Madre.

"CFR" means the current issue of the Code of Federal Regulations.

"Director" means the current director of public works of the city or his or her authorized designee.

"Engineer" means the current city engineer.

"Exempted discharge" means any discharge to the municipal separate storm sewer system that is not subject to the provisions of this title. Exempted discharges are listed in Section 7.06.020 of this title.

"Good housekeeping" means practices for the storage, use, handling or cleanup of materials in a manner that minimizes the discharge of pollutants in stormwater runoff.

"Illicit connection" means any manmade conveyance that is connected to the storm drain system without a permit.

"Illicit discharge" means any material discharged to the municipal separate storm sewer system which has not been generated by and consist primarily of rainfall, or which the discharge occurs seventy-two hours or more after the most recent storm, or that is not either permitted by a valid NPDES permit or, considered an exempted discharge under Section 7.06.020 of this title.

"Municipal separate storm sewer system" means any facility within the city by which stormwater runoff is conveyed to the waters of the United States. This system includes, but is not limited to flood control channels, roads with drainage systems, street, catch basins, inlets, curbs, ditches, gutters, storm drains, canals, pipes, and fabricated and natural channels.

"New development project," for the purposes of this title, includes, but is not limited to: development of a residential subdivision consisting of ten or more individual homes, development of an industrial or commercial building or property of one hundred thousand square feet or greater, a restaurant or other food service establishment, a gasoline station or other similar establishment providing automotive or truck maintenance and repair services, any development in hillside areas, any development required by the director of public works to submit an urban runoff mitigation plan to accomplish, and be consistent with, the goals of this title.

"Non-stormwater discharge" means any discharge to a municipal storm drain system that is not directly generate by and composed primarily of rainfall and discharged within twenty-four hours of the end of the most recent storm.

"NPDES" means National Pollutant Discharge Elimination System.

"Owner," when applied to a building or land, means any part owners, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

"Pollutant" means any substance introduced into the environment that may directly or indirectly result in adverse effects on the beneficial uses of a resource. Pollutants may include, but are not limited to: artificial materials, chips or pieces of natural or manmade materials, household waste, commercial and industrial waste, metals such as cadmium, lead, zinc, copper, silver, nickel, chromium and non-metals such as phosphorus and arsenic, petroleum, hydrocarbons, excessive eroded soils, sediment and particulate materials, animal wastes, substances having characteristics such as pH less than six or greater than nine, unusual coloration or turbidity, excessive levels of fecal coliform, fecal streptococcus, or enterococcus, waste materials and wastewater generated by construction activities, materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon, materials which contain base/neutral or acid extractable organic compounds, those pollutants defined in Section 1362(6) of the Federal Clean Water Act, any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.

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

"Runoff" means any runoff, including storm water and dry weather flows, from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow, either contaminated with pollutants, or uncontaminated and nuisance flows.

"Significant material" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of Title III of Superfund Amendments and Reauthorization Act (SARA); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

"Stormwater runoff" means that part of precipitation which travels via flow across a surface to the storm drain system or receiving waters.

"Stormwater treatment system" means any physical system designed and/or used to reduce the concentrations of pollutants in stormwater runoff.

(Ord. 1200 § 1, 2003; Ord. 1137 § 1 (part), 1997)

Responsibility for the administration and implementation of this chapter is delegated to the city. Delegation of powers, whenever a power is granted to or a duty is imposed upon the director of public works by this title, that power may be exercised or the duty may be performed by a deputy of the director or a person authorized pursuant to law by the director, unless this title expressly provides otherwise.

(Ord. 1137 § 1 (part), 1997)

The provisions of this title shall take precedence over any inconsistent or conflicting provisions of the Sierra Madre Municipal Code.

(Ord. 1137 § 1 (part), 1997)

Any time limit provided for in the provisions of this title may be extended in a manner consistent with federal and state regulations, by mutual written consent of the director of public works and the permittee, applicant, or other affected person consistent with the NPDES permit.

(Ord. 1137 § 1 (part), 1997)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this title or any part thereof, is held invalid, or unconstitutional, such decision shall not affect the validity of the remaining section or portions of this title or part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this title irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

(Ord. 1137 § 1 (part), 1997)

Fees to be charged for plan checking, inspection and enforcement and any other activities carried out by the city under this title shall be specified by resolution of the city council.

(Ord. 1137 § 1 (part), 1997)

This section has been written in accordance with and to comply with the state of California, California Regional Water Quality Control Board (CRWQB), Los Angeles Region Order Number 96-054(Order) and the Municipal NPDES Permit Number CAS61001. The intent of this section is to demonstrate sufficient legal authority which contains all the applicable statues, ordinances, permits, contracts, orders or agreements which govern the city's stormwater management activities, as required by 40 CFR 122.26(d)(2)(1).

A. As prescribed in the order, the city of Sierra Madre has adopted and will implement within its jurisdiction the Storm Water Management Program and those of the Countywide Storm Water Management Plan (CSWMP) that have been developed and approved by the CRWQCB and pursuant to such order.

B. The CSWMP is the unified plan consisting of five model programs developed under the Storm Water Management Program. The model programs herein referred to as the models are identified as; (1) public agency, (2) planning, (3) construction, (4) illicit connections and illicit discharges, (5) public education.

C. The models include the use of best management practices (BMPs) to reduce pollutants discharged to the municipal separate storm sewer system (MS4) to the maximum extent practicable. The BMPs shall be implemented in accordance with the prohibitions followed herein.

(Ord. 1171, 1999)