Soledad Municipal Code Ch. 13.52 Stormwater Quality

A. This chapter sets forth the administrative procedures, standards, and enforcement remedies which shall be used by the city in meeting the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) General Permit as promulgated by the California State Water Resources Control Board.

B. The provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, general welfare and environment. This chapter shall therefore be regarded as remedial and shall be liberally construed to further its underlying purpose.

C. This chapter is not intended to interfere or conflict with, abrogate, or annul any other regulation, ordinance, statute or provision of law.

D. Whenever a provision of this chapter and a provision of any other law, ordinance, resolution, rule, or regulation of any kind, including any other provision of this chapter, contains any restrictions covering the same subject matter, the more restrictive shall govern.

E. The foregoing principles notwithstanding, the city directs those city officials responsible for enforcement of this chapter to utilize a reasonable common sense approach in the interpretation and application of the specific provisions of this chapter. To this end, city officials charged with the responsibility for enforcement and administration of provisions of this chapter shall be entitled to utilize discretion in waiving specific application requirements, provided that such discretion shall be exercised in a manner to preserve the purposes and intention of this chapter and to not jeopardize the health, safety, or general welfare of the public or the environment. When exercising discretion to waive or modify any specific application requirements, the city official shall consider:

1. The scope and nature of the proposed project;

2. The impact of the project on the properties in the general vicinity of the project;

3. The impact of the project on municipal facilities and services, including without limitation, streets, water, sewer, drainage, police and fire protection services; and

4. Whether the information contained in a requirement sought to be waived is reasonable and readily available from other materials submitted in conjunction with the application.

(Ord. 617 § 1 (part), 2005)

A. Intent. The intent of this chapter is to prevent the pollution, impairment, or destruction of a natural resource or the public trust in the city unless (1) there is no feasible and prudent alternative, and (2) the activity is consistent with the promotion of public health, safety, and welfare rather than the public's paramount concern for protection of its natural resources.

B. Objectives. The objectives of this chapter are protecting the quality of water in the city's drainage ways and subsequent receiving waters in accordance with state and local regulations.

(Ord. 617 § 1 (part), 2005)

Except as otherwise provided in this chapter, the city manager, shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon the city manager, may be delegated to an appointed representative.

(Ord. 617 § 1 (part), 2005)

If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this chapter.

(Ord. 617 § 1 (part), 2005)

The following abbreviations, when used in this chapter, shall mean the following:

(Ord. No. 690, § 3, 7-1-2015; Ord. 617 § 1 (part), 2005)

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:

"Affidavit" means a sworn statement in writing, submitted by a person, or persons, to the city manager, that is to be used as a legal document committing the person to a long-term maintenance agreement with the city for maintenance of post-construction control measures.

"Animal waste" includes, but is not limited to, animal fecal material.

"Applicant" means any person that submits an application for a stormwater permit and is (1) the owner of the property upon which construction is proposed or is taking place; or (2) the lessee if the lessee undertakes development of the property under the terms of the lease.

"Best management practices (BMPs)" means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States and to prevent or reduce the pollution of waters of the United States. Best management practices include but are not limited to: treatment requirements; operating and maintenance practices to control runoff, sludge, waste disposal, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and other such provisions as the city determines appropriate for the control of pollutants.

"CASQA" means California Stormwater Quality Association.

"City manager" means a person appointed to the position of city manager, or his or her duly appointed representative.

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

"Closure activities" mean activities, or the process thereof, that result in the final stabilization of a construction site and leave the site in good repair.

"Commencement of construction" means the first disturbance of soils associated with or caused by move-in of equipment, installation of access roads or trails, storage of materials or equipment, clearing, grading, demolition, building, excavation or similar activities at a construction site.

"Compliance order" means an order issued by the city manager requiring a discharger to comply with this chapter by means specified in the order.

"Consent order" means an order issued by the city manager to which a discharger agrees to bring the discharge into compliance to this chapter.

"Construction activity" means activities involving clearing, grading, demolition, excavation, filling, or building of above and below ground structures and buildings, support and auxiliary facilities, transportation facilities, container and containment structures, above and below ground utilities and associated auxiliary facilities, pipelines and conveyances, and similar activities undertaken for public purposes or needs; for preparation of land, structures, or facilities for commercial purposes, use or sale; or for preparation of land, structures, or facilities for industrial purposes, use or sale.

"Construction site" means the entire location where any construction or construction related activities occur which is part of a common plan of development or project.

"Construction stormwater permit" means authorization issued by the city to conduct construction activities.

"Discharge" means the release or placement, either directly or indirectly, of any substance into or from the storm drain system, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance.

"Discharger" means any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site.

"Emergency cease and desist order" means an order issued by the city manager requiring immediate cessation of a discharge because of imminent endangerment to the public or the environment.

"Final stabilization" means the condition, or the activities leading thereto, of a construction site wherein all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover, or equivalent permanent erosion prevention measures, has been established over all areas not paved or covered by permanent structures or impervious surfaces.

"General permit" means the waste discharge requirements for small municipal separate storm sewer systems (Order No. 2013-0001-DWQ) and the National Pollutant Discharge Elimination System General Permit No. CAS000004, including any amendments thereto or successor permit, issued by the state board under which the city must enroll as a permittee.

"Hazardous materials or hazardous substances" 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 or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous materials include, but are not limited to, those specified in California Health and Safety Code, Section 25117 and in 40 C.F.R. part 116.

"Illicit connection" means any of the following:

1. Any conveyance system, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system.

2. Any connection to the storm drain system from indoor drains and sinks.

3. Any unpermitted connection of a stormwater system to the publicly owned treatment works or POTW as defined in Chapter 14.08 of the Municipal Code.

4. Illicit connections include pipes, drains, open channels or other conveyances that have a potential to allow an illicit discharge to enter the storm drain system.

"Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term "illicit discharge" includes all non-stormwater discharges not composed entirely of stormwater and discharges that are identified under the discharge prohibitions section of the general permit.

"Incidental runoff" means the unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

"MS4" means the municipal separate storm sewer system, incorporating the entire system of stormwater conveyances, but not sanitary or industrial wastewater sewers, or a single conveyance in such entire system, natural or man-made, lying within the boundaries of the city.

"MS4 permit" means the NPDES permit issued to the city for the discharge of stormwaters from the MS4.

"Municipal separate storm sewer system (MS4)" means stormwater conveyances lying within the corporate limits of the city, including but not limited to, stormwater sewers, inlets, catch basins, traps, gutters, drains, ditches, culverts, canals, ponds, and other stormwater conveyances, both natural and man-made, designed or used for collecting or conveying stormwater, and which are not used for collecting or conveying sewage.

"National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued pursuant to § 402 of the Clean Water Act, 33 USC. 1342, and administered by the state under the authority of the U.S. Environmental Protection Agency, permitting the discharge of pollutants into navigable waters of the United States.

"New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision on an area that has not been previously developed.

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

"Notice of termination of construction (NOTC)" means a notice provided by a construction site operator to the city notifying the city of intended completion of construction activities.

"Notice of violation (NOV)" means a legal notice issued by the city manager indicating a discharge is in violation of this chapter and that the violator must eliminate such discharge.

"NPDES permitting authority" means the environmental agency that is responsible for the oversight and enforcement of the NPDES Phase II MS4 stormwater permit.

"Open space design" means a low impact site design technique that concentrates dwellings in a compact area in one portion of the development in exchange for open space and natural areas elsewhere on the site. Open space designs are used to reduce impervious surfaces, stormwater pollutants, and the loss of natural areas on a site.

"Operator of a construction site" means the person or persons who either individually or taken together,

(1) Have by virtue of ownership or lease, operational control over the construction specifications (including the ability to make modifications in specifications):

(2) Have by virtue of ownership, lease or contract, the day-to-day operational control over those activities at the construction site sufficient to ensure compliance with pollution prevention requirements and any permit conditions; or

(3) Have financial control of construction and authority to direct, either directly or indirectly, the construction activities to be undertaken at the site.

"Outfall" means the outlet of a body of water, in particularly, the point where a storm conveyance reaches its receiving water.

"Owner" means the person who owns a facility, property on which a facility occurs, part of a facility, or part of the property on which a facility occurs; in the case of a mortgaged facility or property, the person who has a mortgage on the property and who will obtain, upon proper payment to a financial institution, ownership of the property; in the case of a facility or property for which a person has an option to purchase and such person acts, in effect, as an owner. Also, the person who owns a site or facility and who has ultimate financial responsibility for activities conducted at the site or facility.

"Performance bond" means bonds issued by commercial institution on behalf of contractors, such as construction companies, to protect project owners from the consequences the contractors' failure to complete contracts in accord with plans and specifications. Performance bonds can be particularly helpful in the case of especially environmentally risky or complex projects.

"Person" means any individual as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

"Petition for reconsideration" means a written document submitted by a person to the city manager requesting reconsideration of a previously issued SWO; compliance order; remediation, abatement, and restoration order; or emergency cease and desist order.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous 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 residuals; and noxious or offensive matter or of any kind, dredged spoil, waste, incinerator residue, filter backwash, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.

"Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the beneficial uses of the water or facilities which serve those beneficial uses.

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

"Prohibited discharge" means any direct or indirect discharge to the storm drain system or to natural creeks and small streams, which is not otherwise specifically authorized by this chapter, the state or regional board, state or federal law, or an NPDES permit.

"Receiving waters" means surface water that receives regulated and unregulated discharges from activities on land.

"Redevelopment" means land disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.

"Regional board" means the California Regional Water Quality Control Board, Central Coast Region.

"Remediation, abatement, and restoration order" means a legally issued order by the city manager to correct or repair damage; stop, or otherwise control pollutant discharge; and/or to rehabilitate and return to original quality some condition in the environment.

"Responsible person" means any person who owns, operates, leases, or has control over the day-to-day activities of a premises and any person who facilitates, causes or permits any discharge.

"Runoff coefficient" means a measurement of the amount of the precipitation that falls on a specific surface actually ends up as stormwater runoff.

"Scour velocity" means the velocity, measured in feet per second, at which water has the ability to cause erosion. Scour velocities depend on topography, soils and runoff rates.

"Show cause hearing" means a hearing for which a violator of this chapter must provide reason why a proposed enforcement action by the city manager should not be undertaken.

"Source control" means land use or site planning practices, or structural or nonstructural measures, that aim to prevent runoff pollution by reducing the potential for contact with rainfall runoff at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff.

"State board" means the state water resources control board.

"Stop work order (SWO)" means a legal order issued by the city manager to stop construction because of noncompliance to this chapter.

"Storm drain system" means the infrastructure in a municipal separate storm sewer system that collects and conveys stormwater runoff, whether publically or privately owned, and includes but is not limited to roads, sidewalks, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels and swales, reservoirs, creeks, waters of the United States and other drainage structures which are within the city's jurisdiction and are not part of a publicly owned treatment works (POTW) as defined in Title 40 Section 122.2, of the Code of Federal Regulations.

"Stormwater" means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation. Stormwater runoff is generated when precipitation flows overland and does not percolate into the ground.

"Stormwater control plan" means a plan, developed by the regulated project applicant, detailing how the project will achieve the applicable post-construction stormwater management requirements (for both onsite and offsite systems) as defined in the most recent edition of the city's department of public works, standard details and specifications and the most recent post construction requirements adopted by the State Water Resource Control Board and/or the Central Coast Regional Water Quality Control Board (i.e. Resolution No. R3-2013-0032, Attachment 1: Post-construction stormwater management requirements for development projects in the central coast region, dated July 12, 2013, or revisions thereafter).

"Stormwater permit" means authorization issued by the city to conduct construction activities.

"Stormwater pollution prevention plan (SWPPP)" means a plan that describes the practices, and the procedures for their implementation, that are to be used to reduce the pollutants in stormwater discharges associated with construction or other industrial activity at a facility.

"Threatened prohibited discharge" means any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the city manager to be a condition which results in a substantial likelihood of a future prohibited discharge.

"Urban forestry" means a low impact site design technique that utilizes environmentally sensitive practices and promotes the planting of trees and other vegetation to help control erosion and improve the quality of stormwater runoff from construction sites within urbanized areas.

"Warning notice" means a notice issued by the city manager stating that a discharge is in violation of this chapter and requesting that the cause of discharge be investigated and that any violations be stopped.

"Watercourse" means a natural or artificial channel, above or below ground, through which water may flow, excluding pipelines.

"Waters of the state" means any surface water or ground water, including saline waters, within the boundaries of the state.

"Waters of the United States" means the surface watercourses and water bodies as defined in 40 CFR § 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.

"Wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

"Working day" means any calendar day, eight a.m. to five p.m., but not including Saturday, Sunday, any legal holiday recognized by the city or any day for which the city manager's offices are closed for ordinary and general business.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015; Ord. 617 § 1 (part), 2005)

A. Discharge Prohibitions.

1. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause and/or contribute to a violation of applicable water quality standards, other than stormwater.

The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

a. The following discharges are exempt from discharge prohibitions established by this chapter:

1. Water line flushing;

2. Individual residential car washing;

3. Diverted stream flows;

4. Rising ground waters;

5. Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(20)) to separate storm sewers;

6. Uncontaminated pumped ground water;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensation;

10. springs;

11. Water from crawl space pumps;

12. Footing drains;

13. Flows from riparian habitats and wetlands;

14. Dechlorinated swimming pool discharges; and

15. Incidental runoff from landscaped areas (as defined and in accordance with subsection B.4 of this section). Discharges in excess of an amount deemed to be incidental runoff shall be controlled. Regulated small MS4s shall require parties responsible for such to implement subsections B.4.a - d below. Incidental runoff is defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. Parties responsible for controlling runoff in excess of incidental runoff shall:

a. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within seventy two hours of learning of the leak;

b. Properly design and aim sprinkler heads;

c. Not irrigate during precipitation events; and

d. Manage pond containing recycled water such that no discharge occurs unless the discharge is a result of a twenty-five year, twenty four hour storm event or greater, and the appropriate regional water board is notified by email no later than twenty four hours after the discharge. The notification is to include identifying information, including the pond owner's name and permit identification number.

b. Discharges specified in writing by the city as being necessary to protect public health and safety.

c. Dye testing is an allowable discharge, but requires a verbal notification to the city prior to the time of the test.

d. The prohibition shall not apply to any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NPDES permitting authority, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

2. Prohibition of Illicit Connections.

a. The construction, use, maintenance, or continued existence of illicit connections to the storm drain are prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

B. Suspension of MS4 Access.

1. Suspension Due to Illicit Discharges in Emergency Situations.

a. The city manager may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States.

b. If the violator fails to comply with a suspension order issued in an emergency, the city manager may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to the public.

2. Suspension Due to the Detection of Illicit Discharge.

a. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city manager will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing pursuant to the provision of Section 13.57.120 of this chapter.

b. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city manager.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015; Ord. 617 § 1 (part), 2005)

A. Any person engaged in commercial or industrial activities or operations, or owning commercial or industrial facilities or property which will, or may, result in pollutants entering stormwater, the storm drain system, or receiving waters, shall first obtain any required NPDES stormwater permit and shall install and maintain BMPs consistent with the CASQA industrial/commercial BMP handbook or equivalent. BMPs must be designed to implement the requirements of this chapter and any applicable permit.

B. The city manager may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any NPDES permit.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015)

This section pertains to the requirements of implementing temporary BMPs during construction for erosion and sediment control during construction activities. All discharges are prohibited except for the stormwater and non-stormwater discharges specifically authorized by the state construction general permit (CGP), this chapter or any other NPDES permit.

Any construction or demolition activity that results in a land disturbance of equal to or greater than one acre, or less than one acre if the construction activity is part of a larger common plan of development or sale that is subject to the statewide construction general permit (CGP) and shall comply with all provisions of such permit in addition to the provisions of this chapter (i.e. a stormwater pollution prevention plan, SWPPP, will be required). Proof of compliance with the CGP is required prior to obtaining a grading or building permit.

All other construction or demolition activity (i.e. those not subject to the CGP and requirements to develop a SWPPP) shall comply with the provisions of this chapter and shall prepare an erosion and sediment control plan that meets the requirements of subsection E.10 of the state water resources control board waste discharge requirements for stormwater discharge from small municipal separate storm sewer systems (MS4s) (Order 2013-0001-DWQ, or subsequent versions).

The following shall be considered construction related violations:

A. General Provisions.

1. Construction Related Violations.

a. Construction not conducted in accord with the requirements of this chapter shall be deemed a violation of this chapter.

b. Construction not initiated or terminated within the time frame authorized by the city manager by notice, permit or license when such authorization is required by this chapter shall be a violation of this chapter.

c. It is a violation of this chapter to not comply with requirements for timely application for a construction stormwater permit, requirements for an erosion and sediment control plan and a notice of termination of construction (NOTC).

2. Pollution Prevention Requirements.

a. Any and all owners and/or operators of a construction site and any and all other persons undertaking construction activities as a contractor or subcontractor at a construction site shall use best management practices to control, reduce, and prevent, to the maximum extent practicable, the discharge of pollutants to the MS4 and/or waters of the United States.

b. The discharge of pollutants to the MS4 and/or waters of the United States from activities conducted by the operator, contractor, or subcontractor include but is not limited to: sediment, silt, earth, soil, dirt, sand and gravel; lime, liquids, solids, and semi-solids used for soil treatment, preparation, or amendment; concrete, slurries, grout, tar, and asphalt; construction vehicle cleaning and wash waters; construction vehicle maintenance fluids such as hydraulic fluids, lubricants, fuels, brake fluids, and coolants; hazardous or extremely hazardous materials; materials resulting from repair, renovation, or demolition such as concrete, reinforcing bar, steel, wire, tar paper, roofing materials, sheet rock, plaster, wood, cellar dirt and carpeting; residual and surplus construction materials; paint, paint thinner, paint equipment cleaner and wastewater from the cleaning of painting equipment and supplies; waste construction material packaging and containers; and construction trash, debris and waste.

3. Stop Work Order (SWO).

a. Whenever the city manager determines that the operation of a construction site has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, as it may pertain to the operation of the construction site, the city manager may order that a SWO be issued.

b. When a SWO is issued, it shall be issued to the operator of the construction site for which construction is to stop, be posted at the site, and distributed to all city departments and divisions whose decisions affect any activity at the site.

c. Unless express written exception is made by the city manager, the SWO shall prohibit any and all further construction activity at the site, and shall bar any further inspection or approval by the city of any work associated with a building permit, construction stormwater permit, or any other city approval necessary to commence construction or to assume occupancy at the site.

d. Issuance of a SWO shall not be a bar against, or a prerequisite for, taking any other action against the construction site operator.

B. Construction Site.

1. Site Limits. A construction site is the location and all the areas wherein construction activity, which is all or part of a common development or project, are occurring, proposed to occur, or have occurred, irrespective of whether that construction is in compliance with this chapter, irrespective of whether that construction activity is ongoing or temporarily suspended for any purpose, and irrespective of whether the city manager has granted authorization to undertake the construction activity. For purposes of this chapter, a construction site shall encompass:

a. All land and surface water areas where the construction activities of any type, including all areas of land surface disturbed by or as a consequence of the construction activities or other activities in support of the construction activities, are undertaken as part of a common plan of development or project;

b. All areas of land to be disturbed by construction of a common plan of development or project, irrespective of whether such construction is undertaken or planned to be undertaken in one phase or stage or different phases or stages and irrespective of whether such construction is undertaken or planned to be undertaken at different, separate or simultaneous times;

c. All areas of land where the land is to be disturbed by construction of a common plan of development or project, irrespective of whether untaken at contiguous or separate locations within the general area encompassed by the common plan of development or project, provided such boundary lies on or is within the boundary of property collectively owned or leased by one or more parties undertaking any or all of the construction activities; and

d. All areas of ongoing, temporarily suspended, yet-to-be undertaken, and completed construction encompassing the totality of the construction activities, irrespective of whether any or all the construction activities are within compliance with this chapter.

2. Redefining of Construction Site Limits. The city manager shall have the right to redefine, for purposes of compliance with this chapter, the limits of a construction site in an extent and amount necessary and sufficient in the judgment of the city manager to prevent the actual or potential discharge of pollutants from the construction site to the MS4 or waters of the United States to the maximum extent practicable, provided the limits so defined lies on or within the boundary of property collectively owned or leased by one or more operators undertaking any or all of the construction activities at the site.

3. Cessation of Construction Site. A construction site shall, for the purposes of this chapter, cease to be a construction site only at such time that all requirements for closure of the construction site as specified by this chapter have been met.

C. Operators, Owners and Applicants.

1. Definition of Owner and/or Operator. A construction owner/operator, as defined by and for the purposes of this chapter, is the person or persons who, individually or collectively, own or lease the property upon which the construction activity is proposed to, or does, take place; has legal, financial, and operational control over construction specifications (including the ability to make modifications in specifications); has control over activities at the construction site sufficient to ensure compliance with applicable requirements of this chapter either directly, by delegation, by authorized representative, or by contract; and has the authority for undertaking or directing the undertaking of any or all construction activities at a construction site in accord with plans and specifications.

a. Owner and/or Operator Responsibility. A construction owner and/or operator shall be fully responsible for compliance with all requirements of this chapter for construction activities, as may be applicable to the type of construction activities being conducted, proposed to be conducted, or that have been conducted by the owner and/or operator at a construction site, including but not limited to making application for a construction stormwater permit, preparing a erosion and sediment control plan, performing closure of the construction site, and filing a notice of termination of construction.

b. Change in Owner and/or Operator. In the event that the owner and/or operator of the construction site changes, all or in part, any and all construction stormwater permits, erosion and sediment control plans, and notices of termination of construction for construction yet to be completed must name the new and continuing owners' and/or operators' names. Any permits, plans, or notices that have been issued or approved by the city for the construction to the original owner(s) must be reissued or re-approved, as appropriate, with the name(s) of the new owner(s) and/or operator(s) in the same manner as the original owner and/or operator, such reissuance or re-approval being obtained no later than two working days after such change.

2. Applicant. For the purpose of any applications for construction activities that may be required by this chapter, an applicant is the person or persons making such application and is:

a. An owner of the property upon which construction is proposed or is taking place; or

b. A lessee if the lessee undertakes development of the property under the terms of the lease.

3. Division of Responsibility. In the event the owner and/or operator of a construction site is more than one legal entity, the city manager may, but is not required to, define those areas or sub areas of a construction site or those construction activities at a construction site for which each entity shall be considered responsible and held liable for complying to this chapter.

D. Construction Activities.

1. Types of Construction Activities.

a. Construction activities are those activities which result in exposure of raw soil on a temporary or permanent basis and may include, but are not necessarily limited to, one or more of the following activities or practices when such activities are done for the purpose(s) of: smoothing, clearing, removing trees and vegetation, configuring or shaping the land surface or subsurface; modifying drainage, drainage patterns, drainage conveyances, or drainage facilities removing, destroying, or demolishing existing structures, surfaces or facilities; preparing the land for construction of roads, highways, curbs, gutters, drainage devices, vehicle parking, buildings, structures, walls, roofs, floors, pads, foundations, tanks, basements, pipes or utilities.

b. For the purposes of this chapter, the city manager may define any activity or practice that is similar to, in support of, or associated with such activities as a construction activity.

2. Construction Conduct.

a. Any construction at a construction site shall be performed so as to reduce, to the maximum extent practicable, the discharge of sediments and other pollutants from the construction site.

b. An owner and/or operator of a construction site shall maintain on-site and make available for inspection by the city manager, or appointed representative thereof, any notice, permit or license for construction, and any pollution control plan that may be required by this chapter or other state or federal regulation.

c. Application for a construction stormwater permit shall be submitted to the city manager at least two working days prior to beginning construction activities of any type, including clearing and leveling activities, for any construction site for which construction activities are not subject to the provisions of the CGP.

d. A construction stormwater permit, issued by the city manager prior to commencement of construction activities, shall be obtained for any construction site for which construction activities are not subject to the provisions of the CGP.

e. An erosion and sediment control plan shall be submitted to, and approved by, the city manager prior to commencement of any construction activity at a construction site for which a construction stormwater permit is required.

f. A notice of termination of construction (NOTC) shall be submitted to the city manager prior to final completion of construction activities for any construction site for which a construction stormwater permit was required.

g. The city manager may require that a construction site of any size conform to any and all conditions of this chapter for construction activities if the city manager determines that such requirements are necessary to prevent a significant discharge of pollutants to the city's MS4 or waters of the United States, or are necessary because of imminent harm to the public or the environment.

3. Closure and Final Stabilization of Construction Site.

a. Closure Activities. Construction activities at a site, for the purposes of this chapter, shall not be complete until proper closure of the site has been accomplished. Until such time proper closure has been achieved, the owner and/or operator of the site is subject to all applicable requirements for conduct and completion of construction activities at the construction site. Any owner and/or operator of a construction site shall complete all construction activities at a construction site in compliance with the requirements of this chapter for proper closure.

b. Proper Closure. Proper closure includes, but is not limited to, the following:

i. Final stabilization of the site;

ii. Removal of all construction surplus and residual materials, supplies, packaging, drums, cans and containers;

iii. Removal of all surplus and residual soaps, cleaners, pastes mastics, solvents, materials for soil amendment or preparation and similar construction materials;

iv. Removal of all excess, surplus, and unused construction vehicle maintenance fluids, including lubricants, fuels, brake fluids and coolants;

v. Removal of all wastes, trash and debris;

vi. Removal of any waste bins, enclosures, drums, or similar containers which are not intended to serve as permanent waste storage containers at the site;

vii. Removal of all temporary stormwater pollution control devices, structures and materials;

viii. If not intended for removal in city approved plans or specifications for the site, and to the extent a construction owner and/or operator or their activities are responsible for the damage or loss of function or capacity of stormwater conveyances and appurtenances:

(A) Repair or replacement of damaged stormwater conveyances and appurtenances,

(B) Repair or replacement of damaged drainage works and facilities, and

(C) Restoration of proper function and capacity of stormwater conveyances.

4. Inactive Construction Sites. A construction site for which active and ongoing on-site construction activities have halted for a period of fourteen continuous calendar days and for which proper closure actions as required by this chapter have not been conducted, shall be considered in violation of this chapter, unless the construction site owner and/or operator has submitted a NOTC for the site, or it is demonstrated to the satisfaction of the city manager that:

i. Such lack of active and ongoing on-site construction activity is a result of only temporary suspension of activities; and

ii. Site conditions are and will be maintained in a condition satisfactory to prevent the discharge of pollutants to the city's MS4 or waters of the United States to the maximum extent possible during the period of temporary suspension of construction activities or until a NOTC is submitted and approved.

5. Notice of Termination of Construction (NOTC). A notice of termination of construction (NOTC) shall be submitted by the owner and/or operator at the completion of construction for any site for which a construction stormwater permit is required or issued. No construction activities can take place at a construction site identified in a construction stormwater permit after a NOTC has been submitted to the city manager, unless the construction stormwater permit has been amended, or another construction stormwater permit has been applied for.

a. Contents of NOTC. When a NOTC is submitted for a construction site, the following shall be submitted with the NOTC:

i. A description of the means, methods and extent of final stabilization of the construction site, including a summary of actions, procedures or practices that the construction owner and/or operator proposes to perform or be performed by agreement with others after issuance of the NOTC; any other information the city manager may deem necessary, whether or not required of all construction owners and/or operators; and

ii. Certification by the operator of the construction site that the site has been stabilized or that agreement for stabilization has been accomplished in accordance with an erosion and sediment control plan approved by the city manager.

b. Application Timeline. A NOTC must be submitted by the owner and/or operator of a construction no later than fourteen calendar days after the date for termination of construction given in the construction stormwater permit.

c. Amendment to NOTC.

i. Amendment to a NOTC can be made without penalty by filing application of an amended NOTC at least two working days prior to the date of termination of construction specified in the NOTC.

ii. If amendment to a NOTC is filed less than two working days prior to the date of termination of construction specified in the NOTC, such amendment may be rejected or require reasonable additional fee as may be established by the city manager.

d. Acceptance, Conditional Acceptance, or Rejection of NOTC.

i. Acceptance of NOTC. The city manager shall issue an acceptance of an NOTC by written communication or default (without written communication) when the city manager is satisfied that:

(A) Conditions for closure have been met;

(B) The site has been adequately stabilized or provision for final stabilization of the site has been accomplished;

(C) The person submitting the NOTC is not in violation of this chapter;

(D) The submission of the NOTC has been made in a timely fashion and all other conditions that the city manager may specify have been met.

ii. Conditional Acceptance. The city manager may issue a conditional acceptance of the NOTC if the city manager determines there is reasonable expectation that the applicant will meet the conditions specified for conditional acceptance and, by doing so, will meet all conditions for acceptance of the NOTC. Conditions for which the city manager may issue a conditional acceptance include but are not limited to the following:

(A) Final stabilization of the construction site is not complete, but is progressing satisfactorily and can be reasonably expected to reach a satisfactory level of complete stabilization without further action on the part of the owner and/or operator;

(B) Adequate provision has been made by the owner and/or operator to ensure that satisfactory stabilization will be accomplished by others;

(C) Deficiencies in meeting closure requirements will be remedied by others; or

(D) Site conditions are such that as to not warrant further stabilization activities at the current time but would warrant further stabilization in the future if site conditions were to change.

iii. Final Acceptance to Conditional Acceptance. The owner and/or operator receiving the conditional acceptance shall make application to the city manager in a manner specified by the city manager to receive the final acceptance of the NOTC. Means by which the owner and/or operator can demonstrate satisfaction of the terms of the conditional acceptance include but are not limited to the following:

(A) All mandatory deadlines for inspection by the city manager of the areas of the construction site for which the conditions established in the conditional acceptance have passed;

(B) The owner and/or operator submits a certification to the city manager that the conditions of the conditional acceptance have been met, the owner and/or operator requests in writing to the city manager that such certification be accepted and the city notifies the owner and/or operator that the request for such acceptance of such certification is accepted; or

(C) The owner and/or operator submits a certification to the city manager that the conditions of the conditional acceptance have been met, the owner and/or operator requests in writing to the city manager that such certification be accepted and the city does not notify the operator within thirty calendar days of receipt of such written request that the request for such acceptance of such certification is accepted or denied.

iv. Rejection of NOTC. The city manager may reject an application for issuance of a NOTC if the city manager determines conditions for issuance of acceptance of the NOTC are not satisfied.

(A) Any rejection of a NOTC shall include notice to the owner and/or operator receiving the rejection, with the reasons for the rejection.

v. Revocation of NOTC. The city manager shall have the right to revoke a NOTC within three years of issuance if:

(A) Acceptance is found to have been based upon false or misleading information submitted by the owner and/or operator; or

(B) Conditions specified in the conditional acceptance were not met.

E. Construction Stormwater Permit.

1. General Provisions.

a. A construction stormwater permit authorizes a construction owner and/or operator to conduct construction activities. Obtaining a construction stormwater permit does not relieve an owner and/or operator of complying to any and all applicable requirements of this chapter exclusive of those dealing with construction.

b. A construction stormwater permit, when required, shall be obtained prior to the start of any construction activity at a site by application to the city manager by the owner and/or operator of the construction site at which construction occurs or is proposed, such application providing such information the city manager may require.

c. Application for a construction stormwater permit shall require the submission of an erosion and sediment control plan to the city manager for review, such plan providing the information the city manager shall deem as necessary to judge the sufficiency of the plan, when implemented, to reduce the discharge of pollutants from the site to the maximum extent practicable.

d. The construction stormwater permit must be obtained from the city manager at least two working days prior to commencement of construction. Only that construction activity which is described in the construction stormwater permit can be undertaken.

e. The construction stormwater permit shall be posted at the construction site, and no construction activity can occur prior to the date of commencement, or after the date of termination, authorized by the construction stormwater permit.

f. Construction must be started no later than thirty calendar days after the date of commencement of constructions specified in the construction stormwater permit. Failure to begin construction within the specified time frame will render the construction stormwater permit void.

g. Application for a change in the date of commencement of construction or the date of termination of construction specified in a construction stormwater permit, must be made at least two working days prior to: (1) the date of the proposed change for commencement; and/or (2) the date of the originally specified termination date or latest previously approved date of extension.

h. If for any reason the construction stormwater permit is suspended, revoked, terminated or voided, construction activity at the site shall immediately cease.

i. The city manager will not issue a construction stormwater permit until the construction owner and/or operator has submitted evidence that all permits directly associated with grading activities, including but not limited to, the CGP, State Water Board 401 Water Quality Certification, U.S. Army Corps 404 Permit, and California Department of Fish and Game 1600 Agreement, have been obtained.

2. Contents of a Construction Stormwater Permit.

a. Address or other description of location of the construction site;

b. Name and address of the construction site owner and/or operator, either property owner or lessee, and name and address of general construction contractor, if different from property owner or lessee;

c. Name, address, and business telephone number of the construction site owner and/or operator's on-site representative;

d. Earliest date of commencement of construction activity;

e. Proposed dates of termination of construction activity, completion of final stabilization activities, and closure of the site;

f. Practices to be employed for site stabilization during the course of the construction;

g. A site plan identifying land areas to be disturbed and types of disturbance proposed, with identification of those areas which will, after completion of all construction activity, be pervious and impervious;

h. Description of means by which the site is to be stabilized during suspension of construction activity for periods of fourteen or more days and permanently stabilized by the time of completion of construction activities;

i. Any other information the city manager may deem necessary, whether or not required of any other owner and/or operator making application for a construction stormwater permit; and

j. Certification by the applicant for the construction stormwater permit that the information provided on the construction stormwater permit application is true and accurate.

3. Amendment to Construction Stormwater Permit.

a. Application for amendment to a construction stormwater permit can be made at any time two or more working days prior to the time identified in the construction stormwater permit for completion of construction activities, provided the person(s) making application is not in violation of this chapter.

b. If the application for amendment to a construction stormwater permit requires a change in the erosion and sediment control plan in order for the erosion and sediment control plan to remain true and accurate should construction be undertaken in accordance with the amendment, an appropriately modified erosion and sediment control plan shall also be provided at the time of application for amendment to the city manager.

4. Late Filing of Amendment to a Construction Stormwater Permit.

a. If application for amendment to a construction stormwater permit is made less than two working days prior to the time for which the activities or conditions described by the amendment are to occur, exist or come about, and such activities or conditions are not authorized by the construction stormwater permit prior to application for amendment, the application shall be deemed to be a late filing of construction stormwater permit amendment.

b. A late filing of construction stormwater permit amendment shall meet all the same conditions and requirements as application submitted more than two working days prior to the time for which the activities or conditions described by the amendment are to occur, exist or come about, and include other such information the city manager may require.

c. Construction to be undertaken in accord with a late filing of construction stormwater permit amendment shall not be undertaken until such amendment is approved by the city manager.

d. Approval by the city manager of a late filing of construction stormwater permit amendment or payment of any fees for such filing shall not relieve the applicant from any or all administrative enforcement remedies, judicial enforcement remedies, enforcement actions, or other remedies allowed by this chapter.

5. Exemptions. Exemptions from requirements for a construction stormwater permit and erosion and sediment control plan shall apply for the following situations or conditions:

a. The construction activity is undertaken at a single or multiple family residential property site for the sole purpose of maintenance of the residential property site;

b. The city manager determines the construction is necessary on an emergency basis because of imminent harm or endangerment to the public or environment, in which case the construction may be continued only so long as such imminent harm or endangerment or threat of harm or endangerment exists;

c. The city manager may provide a waiver to the requirement for a construction stormwater permit upon the request of the owner and/or operator seeking such waiver. The waiver is to be provided only if the construction for which waiver is sought is demonstrated to the satisfaction of the city manager to meet all of the following conditions:

i. Will not contribute to a violation of this chapter or any permit or license the city may hold to discharge stormwater,

ii. The construction activity is of such size, extent, magnitude, or location as to neither allow, cause, or have potential to cause a significant discharge of sediments or other pollutants to the city's MS4 or waters of the United States,

iii. There is a compelling public interest for issuance of a waiver,

iv. It is in the general interest of the health and safety of people in the city or protection of the environment that such waiver be provided, such interest not to be based upon cost or economic considerations as they may apply to or affect the owner and/or operator seeking waiver of the permit, and

v. Other such conditions the city manager may deem necessary to ensure that significant discharge of sediment and other pollutants does not occur.

F. Erosion and Sediment Control Plan. An erosion and sediment control plan is required for all projects with ground disturbing activities that are not subject to the provisions of the CGP. A SWPPP developed pursuant to the CGP may be substituted for the erosion and sediment control plan. The erosion and sediment control plan shall be prepared in accordance with good pollution control practices and must meet the requirements of section E.10 of the State Water Resources Control Board Waste Discharge Requirements for Stormwater Discharge from Small Municipal Separate Storm Sewer Systems (MS4s) (Order 2013-0001-DWQ, or subsequent versions).

The main objective of the plan is to identify potential sources of pollution, including sediment, which may reasonably be expected to affect the quality of stormwater discharges associated with construction and development. The plan must describe the implementation of best management practices (BMPs), which will be used to reduce the pollutants in stormwater discharges associated with construction and post-development runoff. The plan must also include the rationale used for selecting BMPs including supporting soil loss calculations, if necessary. Erosion and sediment control plans shall be retained on-site during the course of construction and shall be available for inspection by the city upon request.

1. Contents of Erosion and Sediment Control Plan.

a. Site Description.

i. A description of the construction activity;

ii. A copy of any development plans;

iii. A proposed construction schedule;

iv. Total area of the site, and total disturbed area, including off-site staging/storage areas;

v. An estimate of the runoff coefficient before and after construction activities are completed, and existing data describing the soil and soil erosion potential;

vi. A description of the existing vegetation at the site, including coverage;

vii. The location of other sources of pollution, such as vehicle fueling, storage of chemicals, concrete washout areas, etc.; and

viii. The name of the receiving water(s) and description of any outfalls (size, type and location), if the discharge is to a MS4, the name of the system, the location of the storm sewer discharge, and the ultimate receiving water(s).

ix. List applicable permits directly associated with grading activities, including but not limited to, the CGP, State Water Board 401 Water Quality Certification, U.S. Army Corps 404 Permit, and California Department of Fish and Game 1600 Agreement.

x. Include evidence that all permits directly associated with the grading activity have been obtained prior to commencement of soil disturbing activities.

b. Best Management Practices (BMPs). The plan should indicate locations for and descriptions of control measures that will be used. The plan should clearly describe the implementation of BMPs relevant to each phase of site development such as:

i. Before clearing and grading activities begin;

ii. During all phases of construction; and

iii. Post-construction/post development.

c. Control Measures.

i. Construction Phase. Construction phase control measures to be described in the erosion and sediment control plan may include, but are not limited to, the following:

(A) Temporary Sediment Control Measures.

(1) Silt fence;

(2) Sand bag berms;

(3) Hay bales;

(4) Check dams;

(5) Interceptor swales/dikes.

(B) Temporary Stabilization Measures.

(1) Temporary seeding;

(2) Erosion control blankets/matting;

(3) Mulch/compost;

(4) Temporary sodding.

(C) Final Stabilization Measures.

(1) Permanent seeding;

(2) Permanent sodding;

(3) Impervious surfaces.

d. Good Housekeeping. The plan should include inspection and maintenance procedures during the entire construction phase to ensure that BMPs are in good and effective operation condition.

i. Inspections.

(A) An inspection of the entire construction site should be performed in accordance with the required inspection frequencies determined by the project's priority level.

(B) Complete an inspection report (provided by the city) for each inspection performed.

(C) Provide a copy of each inspection report to the city.

(D) Inspection reports should be retained on-site as part of the erosion and sediment control plan.

ii. Maintenance.

(A) Maintenance shall be performed on applicable BMPs as soon as possible in areas identified in the inspection reports.

(B) Maintenance shall be performed in accordance with manufacturer's specifications or other sources determined by the city manager to be acceptable.

(C) Maintenance records shall be retained on-site as part of the erosion and sediment control plan.

iii. Non-Stormwater Discharges. The erosion and sediment control plan should include a location and description of non-stormwater discharges and a description of the BMPs for managing non-stormwater discharges from sources including but not limited to:

(A) Return flows from landscape irrigation;

(B) Ground water;

(C) Water line flushing;

(D) Discharges from potable water sources.

(E) Dewatering

e. Revisions to erosion and sediment control plan.

i. The erosion and sediment control plan shall accurately reflect site conditions and the construction activities proposed to be undertaken. Revisions necessary to maintain an accurate and up-to-date erosion and sediment control plan shall be made in a timely fashion but in no case later than two working days after the occurrence of conditions or activities requiring such revisions.

ii. If the conditions or activities described by a erosion and sediment control plan revision could be reasonably expected to result in an increase in the actual or potential discharge of pollutants from the site, such revision must be approved by the city manager prior to implementation of the proposed revision at least two working days prior to the implementation of activities described by the revision.

iii. The city manager shall have two working days to approve or reject a revision to a erosion and sediment control plan after submittal of a proposed revision. If the city manager does not issue an approval or rejection of the revision within the acceptable time frame, the revision(s) shall be assumed to be approved.

C. Stormwater Pollution Prevention Plan (SWPPP).

1. For any construction or demolition activity that results in a land disturbance of equal to or greater than one acre or less than one acre if the construction activity is part of a larger common plan of development or sale that is subject to the State Construction General Permit (CGP) and that is required to have a SWPPP, the SWPPP shall be prepared in accordance with applicable state and federal regulations.

2. Any stormwater pollution prevention plan required by federal or state regulation shall be retained on-site during the all phases of construction and made available to inspection by the city upon request. Failure to produce such required SWPPPs shall be grounds for issuance of a SWO.

3. The city manager may request and receive in a timely fashion, at the time of, or after application for a construction stormwater permit, a copy of any SWPPP required by federal or state regulation for discharge of stormwaters from a construction site. Failure to provide such requested pollution control plan within a timeframe specified by the city manager shall be grounds for a SWO.

4. The city manager may require additional information, plans, or specifications are provided in a SWPPP for a construction site if the city manager determines such additional information, plans, or specifications are necessary to prevent the discharge of pollutants to the MS4 or waters of the United States.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015; Ord. No. 617, § 1 (part), 2005)

This section pertains to the requirements of implementing permanent stormwater BMPs into a project design and to help manage stormwater runoff throughout the life of the facility (i.e. post construction). These BMPs are not the same as the temporary BMPs used to comply with during construction requirements discussed separately.

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. These goals are achieved by designing sites that disturb only the smallest area necessary, minimize soil compaction and imperviousness, preserve natural drainages, vegetation and buffer zones, and utilize on-site stormwater treatment techniques. These principles and techniques are collectively known as low impact development (LID). The California Regional Water Resources Control Board has determined that LID techniques are effective, feasible and economically practical, and that they are a component of the maximum extent practicable (MEP) standard.

Any person engaged in activities, which will, or may result in pollutants entering the city storm drainage system or which may otherwise cause or contribute to pollution shall undertake all feasible measures to reduce the introduction of such pollutants, including the implementation of LID techniques. Where best management practices requirements are promulgated by the city or any federal, state or regional agency for any activity, operation or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

A. Authority

1. The Federal Clean Water Act, the implementing regulations for the National Pollutant Discharge Elimination System (NPDES), and the California Porter-Cologne Water Quality Control Act provide for the regulation and reduction of pollutants discharged to waters of the state and United States by extending NPDES requirements to stormwater and urban runoff discharges to and from the storm drain system.

2. The city is required to enroll as a permittee under the State of California's Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ) and the NPDES General Permit No. CAS000004 (General Permit). Under the provisions of the general permit, the city is required to possess the necessary legal authority and implement appropriate procedures to regulate the entry of pollutants and non-stormwater discharges into the storm drain system.

B. Purpose. The purpose of this section 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. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable and by effectively prohibiting non-stormwater discharges to the storm drain system.

C. Definitions. For the purposes of this section, the words and phrases defined in Section 13.52.060 shall have the meanings ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in any applicable permit issued by the regional board, as appropriate, as such permits may be amended from time to time.

D. Regulatory Consistency. This section shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Water Quality Control Act, as they now exist or may hereafter be amended, any permit issued under these acts, and any applicable regulations.

E. Ultimate Responsibility for Discharges. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state or United States. 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 under this chapter.

F. Post Construction Requirements. Each responsible person for any site, activity, operation, or facility that may discharge any pollutant to the storm drain system shall implement those BMPs as may be designated by the city manager.

1. All new development and redevelopment projects must comply with the post-construction stormwater management requirements as defined in the most recent edition of the city's department of public works, standard details and specifications and the most recent post construction requirements adopted by the State Water Resource Control Board and/or the Central Coast Regional Water Quality Control Board (i.e. Resolution No. R3-2013-0032, Attachment 1: Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, dated July 12, 2013, or revisions thereafter).

2. For projects determined to be a "regulated project," subject to the post-construction requirements, the project must implement the applicable performance requirements (No. 1 through No. 5, as applicable), and prepare and process through the city a "stormwater control plan" demonstrating the project complies with each applicable set of post construction requirements.

3. The responsible person for a new development or redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this section on a new development or redevelopment project. Failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to this section shall constitute a violation of this chapter.

4. The city manager may require the responsible person for any new development and redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the county recorder's office.

G. Inspection and Monitoring

1. Whenever necessary to make an inspection to confirm compliance with or enforce any of the provisions of this section, or whenever an authorized enforcement official has reasonable cause to believe that there exists on any premises any condition which may constitute a violation of the provisions of this section, the official may enter such building or premises at all reasonable times, with presentation of proper identification, to inspect the same or perform any duty imposed upon the official by this section including but not limited to sampling and record examination. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

2. The city manager and authorized enforcement officials are authorized to immediately enter any premises, inspect, monitor, sample, and undertake other necessary actions when, in the city manager's opinion, there exists an immediate threat to the health, safety or welfare of the public.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015)

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 waters of the United States, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, such person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, such person shall notify the city in person or by the designated phone number for reporting spills or the designated electronic transmission address no later than the next working day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city manager within three working 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 action taken to prevent its recurrence. Such records shall be retained for at least five years.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015; Ord. 617 § 1 (part), 2005)

A. Report by any Person. Any person shall have the right to report to the city manager or an office designated by the city manager, any spill, release, illicit connection or other instance of anyone (as may be identified by name, title, employing company, legal identity, common place, name, or other description) discharging into the MS4 or waters of the United States, and any other violation of this chapter of which the person becomes aware.

B. Action Upon Report. The city manager or a designated city office shall receive all such reports by telephone, electronic mail transmission, in writing or in person. A written or electronic record of each such report will be maintained and kept on file for a period of at least five years by the city, and a copy of the city's record of the report will be furnished to the reporting person upon request at no charge. Also upon request, the city manager will inform the person making such report of any action undertaken by the city in response to such report.

(Ord. 617 § 1 (part), 2005)

A. Remediation, Abatement and Restoration Orders.

1. When the city manager finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, and the city manager has reasonable evidence to suspect that such a violation has adversely affected the MS4 or waters of the United States, the city manager may issue a remediation, abatement and restoration order to the violator directing such violator to undertake and implement any appropriate action, the city manager may designate to remediate or abate any adverse effects of the violation upon the MS4, and to restore any part of the MS4 within the city that has been harmed, provided such ordered actions are limited to actions lying within city boundaries. Such remediation, abatement, and restoration actions must occur within seventy two hours of notification and as soon as possible for high risk spills and may include but shall not be limited to:

a. Monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, or restoration actions;

b. Confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination;

c. Prevention, minimization, or mitigation of any damage to the public health or the environment that may result from the violation; and

d. Restoration or replacement of city property or natural resources damaged by the violation.

2. The remediation, abatement, and restoration order may direct that the remediation, abatement, or restoration be accomplished on a specified compliance schedule and be completed within a specified period of time. Abatement of uncontrolled sources of pollutants that could pose an environmental threat shall occur within thirty days of notification. When all parties agree that clean-up activities cannot be completed within the original compliance schedule, a new compliance schedule shall be implemented and the appropriate regional board shall be notified in writing within five business days of the determination that the compliance.

(Ord. No. 690, § 2 (exhibit A), 7-1-2015; Ord. 617 § 1 (part), 2005)

A violation of any provision of this chapter may be subject to an administrative citation and fee, as set forth in Section 13.52.170. such citations may be levied against parties responsible for violations of any provision of this chapter either immediately at the site or at any time thereafter.

(Ord. No. 690, § 2 (Exhibit A), 7-1-2015)

A. Reconsideration of and Hearing of Petitions.

1. Any person subject to a stop work order; compliance order; a remediation, abatement and restoration order; or an emergency cease and desist order may petition in writing to the city manager to reconsider the basis for the order within ten calendar days of the affected person's notice of issuance of such an order.

2. Failure to submit a written petition for reconsideration within ten calendar days of the affected person's notice of issuance of such an order shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order.

3. In its petition for reconsideration, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition.

4. The effect of any compliance order; and any remediation, abatement, and restoration order shall be stayed pending the city manager's consideration of the petition for reconsideration, and any hearing thereon, unless the city manager expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order shall not be stayed pending the city manager's reconsideration, or any hearing thereon, unless the city manager expressly and in writing stays the emergency cease and desist order.

5. Within ten calendar days of the submittal of a petition for reconsideration, the city manager shall either: (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition, without hearing if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, schedule a show cause hearing on the petition.

6. Written notice of any hearing set by the city manager as a result of a petition for reconsideration shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.

7. The city manager may conduct the hearing and take evidence, or may designate any employee of the city or any specially-designated attorney or engineer to:

a. Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing;

b. Take and gather evidence; and

c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city manager for action thereon.

8. At any hearing held pursuant to a petition for reconsideration, testimony taken shall be under oath and recorded. Any party is entitled to legal representation and may present his or her case or defense by oral or documentary evidence and may conduct such cross-examination as may be required for a full and true disclosure of the facts. Notwithstanding, the parties thereto shall not be bound by the formal rules of evidence. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof.

9. After the city manager has reviewed the evidence, the city manager shall either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The city manager may modify the order giving rise to the petition for reconsideration as may be the appropriate based upon the evidence and arguments presented at the hearing and the city manager's action on the petition. Further orders and directives as are necessary and appropriate may be issued.

B. Appeal.

1. If a discharger or operator is penalized as a result of a stop work order; compliance order; a remediation, abatement and restoration order; or an emergency cease and desist order, such discharger or operator may file a written appeal to the city manager. The appeal must include evidence proving that the discharger or operator did not violate this chapter. The appeal must be filed within five working days of the discharger or operator receiving the penalty.

2. Failure to submit an appeal within five working days of the discharger or operator receiving the penalty shall be deemed to be a waiver of further administrative review.

(Ord. 617 § 1 (part), 2005)

A. Civil Remedies. City shall be entitled to seek any and all civil penalties available under applicable law in state or federal court for violation of the provisions of this chapter.

B. Criminal Penalties.

1. Any person who has violated any provision of this chapter, or any order issued hereunder, shall be strictly liable for such violation and shall, upon conviction, be subject to a fine of not more than two thousand dollars per violation, per day.

2. Any person who has knowingly made any false statement, representation or certification in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this chapter, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to a fine of not more than four thousand dollars per violation, per day.

C. Determination of Fines. In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.

(Ord. 617 § 1 (part), 2005)

The city manager and/or their appointed representative may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction enter upon any property for examination of the same to ascertain whether a violation of the requirements of this chapter and shall be exempt from any legal action or liability on account thereof.

(Ord. 617 § 1 (part), 2005)

In addition to the enforcement processes and penalties 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 at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisances may be taken.

(Ord. 617 § 1 (part), 2005)

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city manager to seek cumulative remedies.

(Ord. 617 § 1 (part), 2005)

A. Implementation Fees. The city may adopt reasonable fees for reimbursement of costs of implementing this chapter, which costs may include, but not limited to, the following:

1. Fees for monitoring, inspection, and surveillance procedures, including the cost of collecting and analyzing discharges and reviewing monitoring reports submitted by dischargers;

2. Fees for issuance of permits;

3. Fees for review of notices and plans for construction, termination of construction, and stormwater pollution prevention control, irrespective of any acceptance or rejection of such notices or plans by the city manager;

4. Fees for conduct of site inspections by the city when requested by an operator of a site or facility, irrespective of whether such inspection is required by this chapter;

5. Fees for site inspection by the city pursuant to determination of compliance to conditions of a conditional notice of termination of construction;

6. Fees for responding to spills and releases of oil, hazardous and extremely hazardous substances, and other pollutants; and

7. Other fees as the city may deem necessary to carry out the requirements contained in this chapter.

B. Separation of Fees. The fees described in this section relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the city.

C. Fee Summary. The fee schedule shall be as determined from time to time by adoption of resolutions by the city council of the city of Soledad.

(Ord. 617 § 1 (part), 2005)