South Lake Tahoe Municipal Code Art. I General Provisions

This chapter shall be known as the "urban runoff and storm water quality management ordinance" of the city of South Lake Tahoe.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-1)

A. The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the city and to protect and enhance the water quality, beneficial uses, habitats and ecosystems in receiving waters by reducing pollution and pollutant loads discharged in urban runoff from areas within the city's jurisdiction by the maximum extent practicable, and by prohibiting non-storm water discharges to municipal storm drain systems. This chapter is intended to assist in protection and enhancement of watercourses, water bodies (such as Lake Tahoe), and wetlands in a manner pursuant to and both compliant and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and National Pollutant Discharge Elimination System (NPDES) Permit No. CAG616001 (Tahoe municipal storm water permit), as such laws and permits are amended and/or renewed.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-2)

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

"Best management practice(s) (BMP(s))"

means a schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other pollution control practices to infiltrate or retain increased flows generated on developed lands in urban areas or to prevent the discharge of pollution directly or indirectly into storm water, receiving waters, or storm water conveyance systems. BMPs include, but are not limited to: treatment practices and facilities; operating and facility management procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.

"City manager"

means the city manager of the city of South Lake Tahoe or his or her designee.

"Clean Water Act"

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

"Commercial activity"

means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services. "Commercial activity" includes all commercial land uses.

"Construction sites"

are sites where activities including but not limited to clearing and grubbing, grading, excavating, demolition, new construction, reconstruction, additions or remodeling of any structure or property are being performed.

"Contamination"

is as defined in California Water Code Section 13050(k).

"Discharge"

means any release, threatened release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid or solid substance to the storm drain system.

"Discharger"

means any person who discharges or causes to discharge, either directly or indirectly, storm water or any other material into municipal storm drain systems or to natural surface waters.

"Hazardous materials"

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 present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (49 CFR Section 105).

Illicit Connection.

An "illicit connection" is defined as either of the following:

Any drain or conveyance, either surface or subsurface, which allows or may allow an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-storm water 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

Any drain or 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" or "illegal discharge"

means any of the following:

Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in SLTCC § 7.15.070; or

Any direct discharge to the storm drain system from an illicit connection; or

Any discharge to a storm drain system or surface water that is prohibited under local, regional, state, or federal statutes, or which causes or contributes to a violation of any water quality standard or objective in the Tahoe municipal storm water permit, including the introduction of pollution into the storm drain system.

"Industrial activity"

means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14).

"Maximum extent practicable"

is a standard for implementation of best management practices to reduce pollutants in storm water. It is the maximum extent possible taking into account equitable consideration and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.

"National Pollutant Discharge Elimination System (NPDES) storm water discharge permits"

means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Lahontan Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity and general industrial activity permits.

"Natural surface water"

means creeks, natural ponds or lakes, wetlands, Lake Tahoe, Truckee River, Trout Creek, and shall include any waters of the United States contained within the jurisdictional boundaries of the city. "Natural surface water" does not mean any wet or dry detention or infiltration basin, constructed wetland, storm water treatment facility, artificial lake or pond or other manmade body of water.

"Non-storm water discharge"

means any discharge to the storm drain system that is not composed entirely of storm water.

"Nuisance"

means any "nuisance" established by California Water Code Section 13050(m) or the South Lake Tahoe City Code.

"Pollutant"

means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: sediment discharged from lands lacking effective BMPs due to runoff from impermeable surfaces or runoff from unpaved surfaces impacted by vehicle use; paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous 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 rinsates); and noxious or offensive matter of any kind.

"Pollution"

means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050(l)(1)).

"Porter-Cologne Act"

means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

"Premises"

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

"Remediation"

means 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"

means publicly owned facilities operated by the city or Caltrans, by which storm water 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 and are not part of a publicly owned treatment works as defined at 40 CFR Section 403.3(q).

"Storm water"

means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

"Storm Water Pollution Prevention Plan (SWPPP)"

means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm drain systems, and/or receiving waters to the maximum extent practicable.

"Super-chlorinated water"

means water with chlorine concentrations above four mg/l, often associated with disinfection of new or repaired potable water lines and shock treatment of swimming pools.

"Waters of the state"

means any surface water or groundwater (California Water Code Section 13050(e)), 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 storm water at and during all times and seasons. This definition is broader than "waters of the United States" as defined at 40 CFR Section 122.2.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-3)

This chapter, 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, unless explicitly exempted in writing by the city manager.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-4)

The city manager or his or her designee shall administer, implement, and enforce the provisions of this chapter.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-5)

This chapter 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. 1050 § 1 (Exh. A); Code 1997 § 35-6)