Sonoma Municipal Code Ch. 13.32 Stormwater Management and Discharge Control

This chapter shall be known as the city “stormwater management and discharge control,” and may be cited as such, and will be referred to herein as “this chapter.” (Ord. 02-2006 § 1, 2006).

The purpose of this chapter is to protect the health, safety and general welfare of city of Sonoma residents; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of stormwater as a resource; and to ensure the city is compliant with applicable state and federal law. This chapter seeks to promote these purposes by:

A. Prohibiting illicit discharges to the stormwater conveyance system;

B. Establishing authority to adopt requirements for stormwater management, including source control requirements, to prevent and reduce pollution;

C. Establishing authority to adopt requirements for development projects to reduce stormwater pollution and erosion both during construction and after the project is complete;

D. Establishing authority to adopt requirements for the management of stormwater flows from development projects, both to prevent erosion and to protect existing water-dependent habitats;

E. Establishing authority to adopt standards for the use of off-site facilities for stormwater management to supplement on-site practices at new development sites. (Ord. 02-2006 § 1, 2006).

The following words, when used in this chapter, shall have the following meanings:

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“Development” means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

“Discharge” shall mean the release, addition or deposit of any fluid, liquid, solid, flowing substance, or any other material or substance to the stormwater conveyance system.

“Employee training program” means a documented employee training program which may be required to be implemented by a business pursuant to a stormwater pollution prevention plan for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system.

“Enforcement agency” means city of Sonoma.

“Enforcement official” means the public works director, or his or her designee or any agent of the city authorized to enforce compliance with this chapter.

“Erosion and sediment control plan” is a set of plans and/or specifications prepared by, or under the direction of, a licensed professional engineer or other qualified person indicating the specific measures and sequencing to be used to control erosion and sedimentation on a development site during and after construction.

“Food establishment” means any premises, restaurant, soda fountain, cafe, diner, grocery store, fruit stand, vegetable stand, bakery, abattoir, meat processing or packing plant, dairy, ice cream parlor, and any other place where food or drink is sold or offered for sale, processed, stored, prepared or otherwise handled for sale or distribution within the city. Such term shall include any vehicle or mobile unit, shed, stand, building or structure used for the purposes of selling, distribution, processing, preparing or otherwise handling food or drink. This term shall also include frozen desserts retail preparation establishments, mobile food service units, mobile frozen dessert units, prepackaged food establishments, supermarkets, and temporary food establishments.

“Hazardous materials business plan” means a document containing detailed information on the storage of hazardous materials at a facility. Chapter 6.95 of the California Health and Safety Code requires that facilities which use or store such materials at or above reporting thresholds submit this information.

“Illicit connection” means a pipe, facility, or other device, whether on the surface or subsurface, which allows an illicit discharge to enter the stormwater conveyance system regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency.

“Illicit discharge” means any discharge to a stormwater conveyance system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting activities.

“Incidental runoff” means illicit discharges of trivial volume except where the discharge is due to facility design, excessive application, intentional overflow, intentional over-application, or negligence.

“Maximum extent practicable (MEP)” means a technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) for stormwater discharge that municipalities must meet. MEP is generally the result of emphasizing pollution prevention and source control best management practices (BMPs) primarily (as the first line of defense) and in combination with treatment methods serving as backup (additional line of defense). The MEP approach is an ever evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does what constitutes MEP.

“National Pollutant Discharge Elimination System (NPDES)” means a permit issued by the U.S. Environmental Protection Agency, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act, 33 U.S.C. Section 1251 et seq., (CWA) that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge.

“Noncommercial vehicle washing” means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or fundraising is being conducted in the washing of those vehicles.

“Nonpoint source” means any source of water pollution that does not meet the definition of “point source” as set forth in the most current version of Section 502(14) of the Clean Water Act and incorporated into California Water Code Section 13373.

“Nonstormwater discharge” means any discharge to the stormwater conveyance system that is not entirely composed of stormwater.

“Plan standard” means any and/or all applicable requirements of the Water Quality Control Plan for Basin 2, adopted by the Regional Water Quality Control Board, San Francisco Bay Region in 1995, and all subsequent amendments.

“Point source” means any source defined in the most current version of Section 502(14) of the Clean Water Act and incorporated into California Water Code Section 13373. Point sources include any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Point sources do not include any agricultural stormwater discharges or return flows from irrigated agriculture.

“Pollutant” means any “pollutant” defined in Section 502(6) of the CWA or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to, the following:

A. Residential, commercial and industrial waste (such as trash, litter, fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

B. Metals such as cadmium, lead, zinc, silver, nickel, chromium, copper and nonmetals such as phosphorous and arsenic;

C. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease);

D. Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

E. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and

F. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

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

“Public works director” or “director” means the director of the city of Sonoma public works department.

“Receiving waters” means all waters that are “waters of the state” within the scope of the California Water Code, including but not limited to natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean, and ground water.

“Regional Water Quality Control Board” means the California Regional Water Quality Control Board, for the San Francisco Bay Region or the designated state agency required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary, thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance.

“Stormwater” means surface runoff and drainage associated with storm events, which is free of pollutants to the maximum extent practicable.

“Stormwater conveyance system” means those artificial and natural facilities within the corporate limits of the city of Sonoma, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the state, including any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, and natural and artificial channels or storm drains.

“Stormwater pollution prevention plan” means a document which describes the best management practices to be implemented by the owner or operator of a business or construction site to eliminate illicit discharges and/or reduce to the maximum extent practicable pollutant discharges to the stormwater conveyance system.

“Watercourse” means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs, and rivulets.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined above shall, when used in this chapter, have the same meaning as set forth in said act or regulation. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

In the event of any conflict between this chapter and any federal or state law or regulation, that requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit. (Ord. 02-2006 § 1, 2006).

A. Illicit Discharges. Except as provided in SMC 13.32.060, it is unlawful and a public nuisance for any person to make or cause to be made any illicit discharge into the stormwater conveyance system in excess of incidental runoff. Notwithstanding the exemptions provided by SMC 13.32.060(A) and (B), if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any plan standard, or conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the stormwater conveyance system.

B. Illicit Connection. The construction, use, maintenance or continued existence of illicit connections is prohibited. This prohibition includes illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection.

C. Litter, Dumps, and Stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge is prohibited. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

Subject to the authority granted to the Regional Water Quality Control Board and the enforcement official, the following discharges to the stormwater conveyance system are exempt from the prohibition set forth in SMC 13.32.050.

A. Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the state of California pursuant to Division 7, Chapter 5.5 of the California Water Code; provided, that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations;

B. Discharges from the following activities, which do not cause or contribute to the violation of any plan standard:

1. Water line flushing and other discharges from potable water sources,

2. Incidental runoff,

3. Rising ground waters or springs,

4. Foundation and footing drains,

5. Water from crawl space pumps and basement pumps,

6. Air conditioning condensate and hot water temperature and pressure release drains,

7. Noncommercial vehicle washing,

8. Natural flows from riparian habitats and wetlands,

9. Dechlorinated swimming pool discharges,

10. Flows from fire suppression activities, including fire hydrant flows,

11. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117,

12. Diverted stream flows,

13. Uncontaminated ground water infiltration (as defined at 40 Code of Federal Regulations Section 35.2005(b)(20)) to separate storm sewers,

14. Uncontaminated pumped ground water;

C. Any discharge, which the enforcement official, the local health officer, or the Regional Water Quality Control Board determines in writing, is necessary for the protection of the public health and safety;

D. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, grading permit, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation. (Ord. 02-2006 § 1, 2006).

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any stop order, prohibition, or effluent limitation, may also be in violation of the CWA and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13020 et seq.) and may be subject to the sanctions of those Acts including civil and criminal penalties. (Ord. 02-2006 § 1, 2006).

Any person engaged in activities which may result in pollutants or increased volumes or rates of stormwater runoff entering the stormwater conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of illicit discharge and/or pollutant discharge.

A. Business Related Activities – Stormwater Pollution Prevention Plan. The enforcement official may require any business in the city that is engaged in activities which may result in pollutant discharges to develop and implement a stormwater pollution prevention plan, which shall, without limitation, include an employee training program. Business activities which may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

B. Development. All development shall incorporate best management practices to control the volume, rate and potential pollutant load of stormwater runoff to comply with all applicable provisions of the city’s current NPDES permit. The city shall incorporate the requirements therein as conditions in any land use entitlement and construction or building-related permit to be issued relative to such development. All development projects subject to such requirements shall submit sufficient evidence to demonstrate the adequacy of proposed best management practices prior to issuance of any associated land use entitlement or construction or building-related permit. Applicants are required to utilize the latest version of the Bay Area Stormwater Management Agencies Association Post-Construction Manual to design and document applicable best management practices. The owner and developer shall remain in compliance at all times with the terms, provisions, and conditions required by this chapter that are incorporated into the terms and conditions of such land use entitlements and building permits.

C. Construction Activity. Every construction activity for which a building or grading permit is required, and which will result in soil disturbance due to clearing, excavation, or filling, shall submit an erosion and sediment control plan which meets the following criteria:

1. Where a building permit is required, the erosion and sediment control plan shall comply with all applicable provisions of the city’s current NPDES permit. Where coverage under the California NPDES construction general permit is obtained in addition to a building permit, the stormwater pollution prevention plan prepared prior to obtaining coverage may be submitted in lieu of an erosion and sediment control plan.

2. Where a grading permit is required, the erosion and sediment control plan shall meet the applicable requirements set forth in SMC 14.20.205 in addition to all applicable provisions of the city’s current NPDES permit. Where coverage under the California NPDES construction general permit is obtained in addition to a grading permit, the stormwater pollution prevention plan prepared prior to obtaining coverage may be submitted in lieu of an erosion and sediment control plan if the stormwater pollution prevention plan satisfies all applicable requirements set forth in SMC 14.20.205.

D. Compliance with Best Management Practices. Every person undertaking any activity or use of a premises which may cause or contribute to stormwater pollution or contamination, illicit discharges, or nonstormwater discharges shall comply with best management practices guidelines or pollution control requirements as may be reasonably established by the enforcement official. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

Any person owning or occupying a premises who has knowledge of any release of pollutants or illicit discharge from or across those premises which might enter the stormwater conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or illicit discharge, and shall notify the enforcement agency within 24 hours of the release of pollutants or illicit discharge. (Ord. 02-2006 § 1, 2006).

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter. Any request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction. In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharge, nonstormwater discharge to the stormwater conveyance system, or similar factors.

A. Sampling Authority. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

B. Monitoring, Analysis and Reporting Authority. The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the stormwater conveyance system. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.

C. Compliance Inspection Authority. In accordance herewith, the enforcement official may conduct site visits and inspections upon knowledge of discharges from any premises to the stormwater conveyance system.

D. Fee Authority. The city has the authority to conduct inspections and collect fees for the purpose of ensuring compliance with this chapter from any person, firm, corporation or business.

A fee schedule for the purpose of recovering the costs to enforce this chapter may be adopted by city council resolution and may, from time to time, be amended by resolution.

E. Classified or Sensitive Information. The enforcement official shall only require classified or sensitive information in compliance with the Homeland Security Act or any other federal law that concerns security in the United States. (Ord. 05-2015 § 1, 2015; Ord. 04-2011 § 1, 2011; Ord. 02-2006 § 1, 2006).

Enforcement of this chapter shall be by the enforcement official.

A. Violations. It shall be a violation for any person to fail to comply with, violate, or cause any other person to fail to comply with or violate any of the provisions of this chapter. Any violation of this chapter shall be deemed a public nuisance and shall be enforceable as described by this chapter.

B. Procedures for Enforcement.

1. Initial Site Visit. The enforcement official, upon receiving notice or other complaint of a potential stormwater violation, will conduct a site visit to determine whether a violation exists. If the enforcement official determines a violation exists, he/she will communicate with the property owner or occupant of the property upon which the violation has occurred and/or the person causing the violation and provide to said person a verbal warning of the violation and description of the corrective action to be taken by said person. The enforcement official shall require said person to complete corrective actions as soon as possible, but no later than 72 hours following issuance of said verbal warning for point source discharges and no later than 30 days following issuance of said verbal warning for nonpoint source discharges that could pose an environmental threat.

2. Confirmation That Violation Has Ceased. The enforcement official, at his/her discretion, will conduct a follow-up site visit to determine if the violation has been corrected. If the violation has not been corrected, the enforcement official will send a written notice of violation in a letter to the property owner or occupant of the property upon which the violation has occurred and/or the person causing the violation. The notice of violation will state that a violation has occurred, a description of the violation, when the violations were observed, and a general description of the actions or measures that must be taken in order to correct the violation and a revised time frame within which corrective actions must be completed.

C. General Penalty. The penalty for violation of this chapter is provided for under Chapter 1.12 SMC.

D. Civil Actions – Injunctive Relief. The city may elect to proceed with a civil action, including seeking injunctive relief, rather than proceed with criminal enforcement actions. Any person, firm or corporation, whether acting as principal, agent, employer or otherwise, who willfully violates any provision of this chapter, or the terms and/or conditions of any permit issued pursuant to this chapter, shall be liable for a civil penalty not to exceed $1,000 for each day or portion thereof that the violation continues to exist. Any person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator.

E. Additional Remedy. If it is necessary for the city to perform cleanup of the public right-of-way or public property that is affected by the violation, the cost of the cleanup shall be borne by the property owner or occupant of the property upon which the violation occurs or the person causing the violation. (Ord. 05-2015 § 1, 2015; Ord. 04-2011 § 2, 2011; Ord. 02-2006 § 1, 2006).

The enforcement official is hereby authorized to issue stop orders against a corporation, limited liability company, partnership, sole proprietorship, or individual where the activities of said entity cause or contribute to violations of this title, and such stop orders shall remain in effect until such violations have been resolved. (Ord. 05-2015 § 1, 2015; Ord. 02-2006 § 1, 2006).

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 02-2006 § 1, 2006).

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the state. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on the code or any administrative decision lawfully made thereunder. (Ord. 02-2006 § 1, 2006).

The enforcement official is authorized to make any decision on behalf of the city required or called for by this chapter. (Ord. 02-2006 § 1, 2006).