Chapter 1 — TITLE, PURPOSE AND GENERAL PROVISIONS

This title shall be known as the "Stormwater Management Ordinance" of the city of Solvang and may be so cited.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

The purpose and intent of this title is to protect and enhance the water quality of waters of the state and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 USC Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (WAT § 13000 et seq.) and the State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ (Order) and subsequent Orders by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges to the storm drain system. All regulated projects, except those exempted in the Order and subsequent Orders, shall be subject to the California Regional Water Quality Control Board, Central Coast Region, Resolution R3-2013-0032, Post-Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region. In addition, please refer to the "Stormwater Technical Guide for Low Impact Development" as set forth by the county of Santa Barbara for guidance in complying with the PostConstruction Stormwater Management Requirements for Developmental Projects in the Central Coast Region. The objectives of this title are.

• A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;

• B. To prohibit illicit discharges and illegal connections to the MS4;

• C. To eliminate, to the maximum extent practicable, the discharge of pollutants that would degrade the water quality of local creeks and streams;

• D. To reduce stormwater runoff rates and volumes and nonpoint source pollution whenever possible through stormwater management controls, and ensuring that these management controls are properly maintained and pose no threat to public safety; and

• E. To establish legal authority to impose stormwater management fees, and carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this title.

• (Ord. 13-302, 2013; Ord. 20-0346, 2020)

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

Authorized Enforcement Agency. Employees or designees of the director of public works of the city of Solvang designated to enforce this title.

Best Management Practices (BMPs). Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the municipal storm drain system and waters of the state. Best management practices include, but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; soil stabilization, dewatering, source controls, pollution prevention measures and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the "Stormwater Technical Guide for Low Impact Development."

City. The city of Solvang.

Clean Water Act. The Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

Commercial Activity. Any public or private enterprise involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.

Construction Activity. Sites where activities are occurring including, but not limited to, clearing and grubbing, grading, excavating, and demolition.

Contamination. Contamination is as defined in California Water Code Section 13050(k) . "Contamination" means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

Discharge. Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid or solid substance.

Guide. A series of topic specific BMP Guides developed for target audiences that provide pollution prevention practices to help eliminate illicit discharges to the MS4.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal Connection. An illegal connection is defined as either of the following:

1. Any pipe, drain, open channel or other conveyance, whether on the surface or subsurface, which has the potential to allow an illicit discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

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

Illicit Discharge. Any direct or indirect non-stormwater discharge to the storm drain system including discharges from organized car washes, mobile cleaning and pressure wash operations, except as exempted in Section 14-2-1 of this title.

Industrial Activity. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14) .

Low Impact Development. Development features designed to reduce runoff and impacts to the post developed site. These features include items such as grass drainage swales, depressed retention/filtration ponds, etc.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge

Permits. General, group, and individual stormwater discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. The California regional water quality control board, central coast region (hereinafter, regional board) and the State Water Resources Control Board have adopted general stormwater discharge permits, including, but not limited to, the general construction activity and general industrial activity permits.

Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.

Nuisance. Meaning ascribed to nuisance by California Water Code Section 13050(m) . "Nuisance" means anything which meets all of the following requirements:

1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

3. Occurs during, or as a result of, the treatment or disposal of wastes.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes, 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; construction wastes such as dirt and sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.; beverage (alcoholic and non-alcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, and waste alcohol; and noxious or offensive matter of any kind.

Pollution (WAT § 13050(I)(1)). Alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. Pollution also includes contamination.

Porter-Cologne Act (WAT § 13000 et seq.). The Porter-Cologne Water Quality Control Act, as amended.

Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Remediation. The abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.

Storm Drain System. Publicly owned facilities operated by the city by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs, and other drainage structures which are within the city.

Stormwater ("Storm Water"). Any surface flow or storm drainpipe flow, runoff, and drainage consisting entirely of water from precipitation.

Stormwater Control Plan. A plan that meets those criteria contained in the most recent version of the "Stormwater Technical Guide for Low Impact Development" as set forth by the county of Santa Barbara.

Stormwater Management Facility. Any device designed to collect, convey, detain, retain, filter or infiltrate stormwater.

Wastewater. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Waters of the State. Surface watercourses and water bodies as defined by California Water Code Section 13050 , including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (Ord. 13-302, 2013; Ord. 20-0346, 2020)

This title, including any amendments or revisions thereto, shall apply to all water entering the storm drain system generated on or flowing over any developed and undeveloped land lying within the city of Solvang.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

The director of public works/city engineer for the city ("director") shall administer, implement, and enforce the provisions of this title. Any powers granted or duties imposed upon the director may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

• A. Findings of Fact. The city council finds that all properties within the city limits whether developed or undeveloped, from time to time produce stormwater runoff that ultimately enters the public drainage system. The city council further finds that a stormwater management program is necessary to implement this title and is beneficial to the health, safety, and welfare of the residents of the city. The city council further finds that the fees, as hereinafter specified, are fairly apportioned on the basis of benefits conferred on the properties within the city limits. The city council further finds that the fees, as hereinafter specified, do not exceed the pro rata share of the amount of the total actual or estimated cost of the stormwater management program if such costs were apportioned uniformly on a per acre basis.

• B. Annual Fee. The city council may follow the procedures set forth in the California constitution in relation to property related fees and establish an annual fee, adjusted from time to time, sufficient to cover the full costs of implementation of a stormwater management program.

• C. Stormwater Fund. All fees paid to the city under the provisions of this chapter shall be deposited in the city's stormwater fund, and shall be used exclusively for implementation of a stormwater management program and/or drainage system improvements.

• (Ord. 13-302, 2013; Ord. 20-0346, 2020)

The provisions of this title are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this title or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this title. (Ord. 13-302, 2013; Ord. 20-0346, 2020)

This title shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any amendments thereto, or any applicable implementing regulations. (Ord. 13-302, 2013; Ord. 20-0346, 2020)

The standards set forth herein and promulgated pursuant to this title are minimum standards; therefore this title does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the state caused by said person. This title 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 title or any administrative derision lawfully made thereunder. (Ord. 13-302, 2013; Ord. 20-0346, 2020)