South Lake Tahoe Municipal Code Art. III Regulations And Requirements

A. Authorization to Adopt and Impose Best Management Practices. The city may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the state. Where BMP requirements are promulgated by the city or any federal, state of California, 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 U.S., every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements. The city manager will periodically report to the city council on the status of implementation of BMPs, the development of new and effectiveness of existing BMPs, and area-wide BMPs which may be included in BMP guidance documents promulgated by the city or other regional or state agencies.

B. New Development and Redevelopment. The city may require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The owner and developer shall comply with the terms, provisions, and conditions of any land use entitlements and building permits which require such BMPs. These BMP requirements may include a combination of structural and nonstructural BMPs, and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.

C. Construction Sites. Temporary and permanent BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and grading, encroachment, construction or building-related permit (see Chapter 7.20 SLTCC, Grading, Erosion, and Sediment Control). The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements, building, grading, encroachment, or demolition permits as required by the city.

D. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (A), (B) and (C) of this section, any person or entity engaged in activities or operations or owning facilities or property which will or may result in pollutants or non-storm water discharging into storm water, the storm drain system, or waters of the state shall implement, operate and maintain BMPs to the extent they are technologically achievable to prevent and reduce such pollutants to the maximum extent practicable. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or waters of the state. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-10)

Notwithstanding the requirements of Article IV of this chapter, the city manager may require by written notice that a person or entity responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-11)

A. The city manager may require by written notice that a person or entity responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the illicit connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of this chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person or entity can demonstrate that an illegal discharge will no longer occur, said person or entity may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible party's expense.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-12)

Every person or entity owning property through which a watercourse passes, or such owner's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner, or such owner's lessee, shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-13)

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 storm water, the storm drain system, or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Said person shall also identify, implement, and keep records of BMPs utilized to prevent further spills, dumping, or material disposals that resulted in illegal discharges. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city's public works department in person or by phone or email no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's public works department, within three business 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 actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. 1050 § 1 (Exh. A); Code 1997 § 35-15)