St. Helena Municipal Code Ch. 13.32 Stormwater and Runoff Pollution Control

STORMWATER AND RUNOFF POLLUTION CONTROL

Sections:

• 13.32.010 Title. 13.32.020 Purpose and intent. 13.32.030 Definitions. 13.32.040 Conflicts with other laws. 13.32.050 Discharge prohibitions. 13.32.060 Exceptions to discharge prohibition. 13.32.070 Proof of compliance with NPDES permit. 13.32.080 Concealment and abetting. 13.32.090 Reduction of pollutants in stormwater. 13.32.100 Containment and notification of spills. 13.32.110 Inspection authority.

• 13.32.120 Enforcement authority. 13.32.130 Appeal. 13.32.140 Violations constituting misdemeanors. 13.32.150 Remedies not exclusive. 13.32.160 Costs and expenses of enforcement—Civil penalties—Authorization for special assessment against subject property—Notice.

• 13.32.170 Civil actions. 13.32.180 Violations deemed a public nuisance.

This chapter shall be known as the “city of St. Helena stormwater and runoff pollution control ordinance,” and may be cited as such, and will be referred to herein as “this chapter.” (Ord. 15-3 § 1; Ord. 04-5 § 2)

The purposes of this chapter are to protect the health, safety and general welfare of city of St. Helena residents; to protect water resources and to improve water quality; to protect and enhance watercourses, fish, and wildlife habitat; 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 minimum requirements for stormwater management, including source control requirements, to prevent and reduce pollution;

C. Establishing requirements for development project site design, to reduce stormwater pollution and erosion;

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

E. Establishing standards for the use of off-site facilities for stormwater management to supplement on-site practices at new development sites. (Ord. 15-3 § 1; Ord. 04-5 § 2)

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

“BASMAA Post Construction Manual” means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post Construction Manual.

“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.

“City” means the city of St. Helena, situated in Napa County, California.

“Construction activity” means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.

“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.

“Development runoff requirements” means the provisions in the Phase II Stormwater Permit that contain design standards or performance criteria to address both the construction and post construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.

“Director of public works” or “director” means the director of the city of St. Helena department of public works.

“Discharge of a pollutant” means: (1) the addition of any pollutant or combination of pollutants to waters of the United States from any point source; or (2) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances leading into privately owned treatment works.

“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 the city of St. Helena public works department.

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

“Erosion and sediment control plan” or “ESCP” means a plan prepared to control erosion and sediment discharges from a construction site that meets those criteria identified in the most recent version of the Napa Countywide Erosion and Sediment Control Plan Model Template and any issued technical bulletins.

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

“Illicit discharge” means any discharge to a storm drain or receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term “illicit discharge” does not include discharges that are regulated by an NPDES permit (other than the Phase II Stormwater Permit) and discharges that are identified under the exceptions to discharge prohibition section of this chapter (Section 13.32.060).

“Incidental irrigation runoff” means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the landscaped 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.

“Low impact development (LID)” means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site’s predevelopment runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

“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. EPA, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act (CWA) that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge.

“NCSPPP” is the Napa Countywide Stormwater Pollution Prevention Program.

“Non-stormwater discharge” means any discharge to the stormwater conveyance system or receiving water that is not entirely composed of stormwater.

“Occupant” means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise occupying a premises.

“Person” means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.

“Phase II Stormwater Permit” means the NPDES general stormwater permit applicable to the city of St. Helena, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.

“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, and all subsequent amendments.

“Pollutant” means any “pollutant” defined in Section 502(6) of the CWA (33 U.S.C. 1362) or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to, the following:

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

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

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

4. 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;

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

6. 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.

“Post construction measures requirements” means the provisions in Section E.12 of the Phase II Stormwater Permit that contain design standards or performance criteria to address the post construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.

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

“Receiving waters” means all waters that are “waters of the United States” within the scope of the federal Clean Water Act or “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 groundwater.

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

“Stormwater control plan (SCP)” means a plan that meets those criteria contained in the most recent version of the BASMAA Post Construction Manual and any technical bulletins.

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

“Stormwater facilities operation and maintenance plan” means a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.

“Stormwater management facility” means any device designated to detain, retain, filter, or infiltrate stormwater.

“Stormwater pollution prevention plan (SWPPP)” 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 pollutant discharges to the stormwater conveyance system.

“Technical bulletin” means a document issued by and under the authority of the director of public works to revise, amend, or augment guidance manuals, documents, and templates including but not limited to the BASMAA Post Construction Manual and the Napa Countywide Erosion and Sediment Control Plan Model Template.

“Urban runoff” means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters.

“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.

B. Any term(s) defined in the federal Clean Water Act and the California Water Code, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and/or defined in the Phase II Stormwater Permit and which are not specifically defined in subsection A of this section shall, when used in this chapter, have the same meaning as set forth in the act or regulation. (Ord. 15-3 § 1; Ord. 04-5 § 2)

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. Nothing in this chapter is intended to duplicate nor shall preclude enforcement of any other applicable law, regulation, order, or permit. (Ord. 15-3 § 1; Ord. 04-5 § 2)

A. Illicit Discharges. Except as provided in Section 13.32.060, it is unlawful for any person to make or cause to be made any illicit discharge. Notwithstanding the exemptions provided by Sections 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 to a storm drain or watercourse 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. 15-3 § 1; Ord. 04-5 § 2)

Subject to the authority granted to the enforcement official in this chapter, the following discharges are exempt from the prohibition set forth in Section 13.32.050:

A. Any discharge or connection regulated under an NPDES permit (other than the Phase II 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 or flows from fire-fighting activities unless they are identified as significant sources of pollutants to waters of the United States.

C. Discharges from the following activities, which do not cause or contribute to the violation of any plan standard provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented:

1. Waterline flushing and other discharges from potable water sources;

2. Rising groundwaters or springs;

3. Passive foundation and footing drains;

4. Uncontaminated infiltration to storm drains;

5. Water from crawl space pumps and basement pumps;

6. Air conditioning condensate;

7. Individual residential car washing;

8. Natural flows from riparian habitats and wetlands;

9. Dechlorinated swimming pool discharges;

10. Diverted stream flows;

11. Uncontaminated groundwater infiltration (as defined at 40 C.F.R. Section 35.2005(20)) to separate storm sewers;

12. Uncontaminated pumped groundwater;

13. Incidental irrigation runoff from landscaped areas provided the conditions in subsection D of this section are met.

D. Incidental irrigation. Irrigation runoff from landscaped areas is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by:

1. Detecting and correcting leaks and correcting from the irrigation system within seventy-two (72) hours of discovering the leak.

2. Properly designing and aiming sprinkler heads to only irrigate the planned application area.

3. Not irrigating during precipitation events.

4. Where recycled water is used for irrigation, designing and managing holding ponds to such that no discharge occurs unless it is the result of the twenty-five (25) year twenty-four (24) hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the city of St. Helena within twenty-four (24) hours of the discharge.

E. 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.

F. 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.

• G. Any exceptions under state or federal law. (Ord. 15-3 § 1; Ord. 04-5 § 2)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit and provide proof of compliance with the permit in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, 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. 15-3 § 1; Ord. 04-5 § 2)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this chapter. (Ord. 15-3 § 1; Ord. 04-5 § 2)

Any person engaged in activities which may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, comply with the requirements set forth in this section to reduce the risk of illicit discharge and/or pollutant discharge.

• A. Urban Runoff.

1. Compliance with Best Management Practices (BMPs). 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 implement BMPs consistent with the California Stormwater Quality Association BMPs or equivalent, and pollution control requirements as may be established by resolution of the city council.

2. Except for pollutants lawfully disposed of by way of containers or at lawfully established dumping grounds, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, such that, in the opinion of the authorized enforcement official, the same might be or become a pollutant discharged to the waters of the United States.

   3. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor, of any real property in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and/or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for recycling or disposal of garbage.

• B. Business Related Activities.

1. 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.

• C. Best Management Practices for Development and Redevelopment.

1. Prior to and/or during construction, the enforcement official may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume, and/or to mimic the predevelopment site hydrology. These controls may include limits on impervious area or provisions for detention and retention of runoff on site.

2. The enforcement official may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project’s added or replaced impervious surfaces. The selection and design of such controls shall be in accordance with criteria established or recommended by federal, state, local agencies, and where required, the BASMAA Post Construction Manual and any issued technical bulletins. Where physical and safety conditions allow, the preferred control measure is to retain drainageways above ground and in as natural a state as possible or other biological methods such as bioretention areas.

3. Stormwater Control Plan Requirements.

   • a. For each new development and redevelopment project subject to the post construction measures requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall submit a stormwater control plan (SCP) that meets the criteria in the most recent version of the BASMAA Post Construction Manual and any technical bulletins, and shall implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures. Increases in runoff shall be managed in accordance with the post construction requirements.

   • b. The SCP is separate and distinct from the ESCP requirements described in subsection D of this section.

c. Where projects are required to have an SCP, project applicants shall follow the appropriate SCP template, based on the project type, in the BASMAA Post Construction Manual and any technical bulletins.

d. Implementation of an approved SCP and submittal of an approved stormwater facilities operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a building permit or a construction permit for a project subject to this section.

e. When any work is being done contrary to the provisions of this chapter, the enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the City of St. Helena Municipal Code.

f. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

g. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post Construction Manual and any technical bulletins.

h. All stormwater management facilities shall be maintained according to the BASMAA Post Construction Manual and the approved stormwater facilities operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facilities at least annually. The stormwater facilities operation and maintenance plan shall describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in Section 13.32.160.

i. For each new development and redevelopment project subject to the post construction measures requirements, or where deemed appropriate by the agency, access by the city to stormwater management facilities for inspections, as provided in Section 13.32.110 and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.

j. All project proponents and their successors, or successors in fee title, in control of a new development and redevelopment project subject to the post construction measures requirements, shall submit one of the following as a condition prior to final inspection and approval of building permit closure:

i. The project proponent’s signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity;

ii. Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity;

iii. Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; or

iv. Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the permittee.

• D. Best Management Practices for Ground Disturbing Activities.

1. Any person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering a city storm drain or watercourse.

2. All construction plans and applications submitted to the city pursuant to any permit applications shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering a city storm drain or watercourse.

a. Construction phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The agency will provide references to current guidance manuals and BMP information on request.

b. Financial security may be required to insure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

c. When any work is being done contrary to the provisions of this chapter, the enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the City of St. Helena Municipal Code.

d. The city has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction).

e. All construction plans and applications for construction activity submitted to the city shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.

3. Erosion and Sediment Control Plan Requirements.

   • a. An erosion and sediment control plan (ESCP) shall be required for:

     • i. Any project subject to a grading permit under Chapter 15.12;

ii. Any project subject to another city permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste including:

• (A) Projects within fifty (50) feet of the storm drain system, or

• (B) Projects disturbing ten thousand (10,000) square feet (sf) of soil or more, or

• (C) Projects installing new storm drains that discharge to the storm drain system or watercourse, or

• (D) Projects on slopes of five percent or more; or

iii. Any other project as required by the enforcement official considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a watercourse or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.

b. The ESCP shall be submitted for review and approval by the enforcement official. The project applicant shall follow the most recent version of the Napa Countywide Erosion and Sediment Control Plan Model Template and any issued technical bulletins to prepare the ESCP. At a minimum, the ESCP shall include:

• i. Description of the proposed project and soil disturbing activity.

• ii. Site specific construction phase BMPs.

• iii. Rationale for selecting the BMPs, including, if needed, soil loss calculations.

iv. List of applicable permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).

v. Proof that the applicant has obtained the applicable permits associated with the soil disturbing activity must be submitted prior to approval of the ESCP.

vi. Project information as required by the ESCP applicant checklist provided in the Napa Countywide Erosion and Sediment Control Plan Model Template and any issued technical bulletins:

• (A) Owner and contractor contact information.

• (B) Site information (location, status, size of project, size of disturbed area).

• (C) Project watershed.

• (D) Planned start date and anticipated completion date (as may be revised from time to time).

c. For projects subject to the state’s General Construction Activity Stormwater Permit (CGP), project applicants may submit a stormwater pollution prevention plan developed pursuant to the CGP in lieu of submitting an ESCP.

d. Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the city for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the city for review and approval.

E. Compliance with General Permit. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board or the Regional Water Quality Control Board, shall provide permit registration documents, shall comply with, and shall undertake all other activities required by any general stormwater permit applicable to such discharges. (Ord. 15-3 § 1; Ord. 04-5 § 2)

Any person owning or occupying a premises who has knowledge of any release of any pollutant 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 also shall promptly notify the enforcement agency within twenty-four (24) hours of the release of any pollutant or illicit discharge. (Ord. 15-3 § 1; Ord. 04-5 § 2)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the 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, non-stormwater 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. Fee Authority. The enforcement agency has the authority to conduct inspections and collect fees for the purpose of ensuring compliance with this chapter from any person or business issued one or more of the following permits:

1. Hazardous material business plan;

2. Food establishments except restricted food service transient occupancy establishments;

3. Building permits;

4. Grading permits.

A fee schedule for the purpose of enforcing this chapter shall be set by council resolution.

D. Records Review. The enforcement official may demand the production of such records as is necessary to determine compliance with the provisions of this chapter and for the purpose of examination and copying. (Ord. 15-3 § 1; Ord. 04-5 § 2)

The enforcement official is authorized to enforce the provisions of this chapter and to exercise any enforcement powers authorized or provided in this chapter, including without limitation the imposition of administrative requirements, orders and penalties pursuant to this chapter, as may be necessary to effectively implement and enforce this chapter. Without limitation on the enforcement authority set forth in this section, the enforcement official is authorized to exercise any and all of the following supplemental enforcement powers as he or she determines may be necessary or appropriate in the enforcement official’s judgment under the circumstances:

A. Administrative Actions. In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance and such other remedial and/or preventive action as may be necessary. Upon the violator’s failure to comply with such an order, the city shall take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, state or federal law. At the discretion of the authorized enforcement official, enforcement may take the following forms:

1. Verbal warnings, as may be issued during inspections;

2. Warning letters and orders to abate pollution;

3. Warning letters with requirements to submit written reports;

4. Administrative citations. The following penalty schedule applies to the administrative citation process for violations within a twelve (12) month period. First offense: two hundred fifty dollars ($250.00) per violation; second offense: five hundred dollars ($500.00) per violation; each additional offense: one thousand dollars ($1,000.00) per violation;

5. Civil actions or criminal enforcement actions as authorized by the City Municipal Code.

B. Notice of Violation (NOV). Whenever the enforcement official determines that any person owning or occupying a premises has violated or is violating this chapter or order issued hereunder, the enforcement official may serve, by personal service, or by registered or certified mail, upon the person a written NOV. Within thirty (30) days of the receipt of this notice, or shorter period as may be prescribed in the NOV, the person to whom the NOV has been issued shall provide the enforcement official a written explanation or denial of the violation and, if the person does not deny the violation, a plan for the satisfactory correction and prevention thereof, which shall include without limitation specific actions or mitigations required by the enforcement official in the NOV. Submission of this plan shall in no way relieve the person of liability for any violation before or after receipt of the NOV.

C. Cease and Desist Orders. The enforcement official may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to discharge in violation of this chapter. This order may also require such person to: (1) comply with the applicable provisions of this chapter within a designated period of time; or (2) take such other appropriate remedial or preventative action the enforcement official determines to be necessary to prevent the violation from recurring.

D. Notice to Clean and Abate. The enforcement official may require any person owning or occupying a premises to clean up and abate any release of one or more pollutants on those premises which otherwise would result in a violation of this chapter. The enforcement official may also order abatement of activities or practices which otherwise reasonably would result in such a violation.

E. Mitigation. The enforcement official shall have authority to order the mitigation of any condition, activity or circumstance which otherwise would result in or contribute to illicit discharges.

F. Stormwater Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a stormwater pollution prevention plan, and to require any business or person to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

G. Best Management Practices. The enforcement official may establish and impose the requirements of best management practices for any premises.

H. Seasonal and Recurrent Nuisance. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

I. Emergency Orders and Abatements. The enforcement official may order the abatement and cleanup of any discharge from any source to the stormwater conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment. Discharges in violation of this chapter are considered as presenting an imminent danger to the environment. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare, or the environment or a violation of a NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate the threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of this chapter.

J. Contents of Notice. Any NOV, cease and desist order, or other civil notice or civil order issued by the enforcement official pursuant to this chapter shall include a copy of Section 13.32.130 outlining appeal rights.

K. The city is authorized to file a citizen suit pursuant to CWA Section 505(a), seeking penalties, damages and orders compelling compliance and other appropriate relief.

L. The city may notify EPA Region IX, the regional board, or any other appropriate state or local agency, of any alleged violation of this chapter, including without limitation regarding notices and orders issued by the city, the timeframe for cleanup, and, if the parties agree that cleanup activities cannot be completed within the original timeframe, notification to such state or local agency within five business days that such timeframe requires revision. (Ord. 16-12 § 1; Ord. 15-3 § 1; Ord. 04-5 § 2)

Any person served with an NOV, who is subject to a cease and desist order, who is subject to an abatement order, who is required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement official, or who is otherwise aggrieved by any decision of the enforcement official, may appeal the decision to the city council. Such appeal shall be in writing, shall fully state all legal and factual bases for the appeal, and shall be filed with the city clerk within ten (10) calendar days following the service of the NOV or decision on the person. Upon receipt of such appeal, the city clerk shall set the matter for hearing by the city council at the earliest practical date, and notice of the hearing shall be provided to the person appealing. At the hearing, the city council may hear additional evidence, and shall overrule, affirm or modify the enforcement official’s decision. The decision by the city council shall be in writing, shall set forth the city council’s findings, and shall be final. Any appeal that does not satisfy all of the requirements of this chapter shall be invalid, and shall not be heard or considered by the city council, in which case the enforcement official’s decision shall be final. (Ord. 15-3 § 1; Ord. 04-5 § 2)

In addition to any enforcement authority under this code, any violation of this chapter may be punishable as a misdemeanor. (Ord. 16-12 § 1; Ord. 15-3 § 1; Ord. 04-5 § 2)

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 in this section shall be cumulative and not exclusive. (Ord. 15-3 § 1; Ord. 04-5 § 2)

A. The city shall be entitled to reimbursement from any person violating any requirement or provision of this chapter for all costs and expenses incurred in connection with the enforcement of this chapter. Such reimbursable costs and expenses shall include, but are not limited to, costs of investigation, administrative overhead, out-ofpocket expenses, costs of administrative hearings, costs of suit, salaries, attorney’s fees, expert fees, testing and monitoring expenses, and other expenses recoverable under state law, incurred during any inspection or investigation conducted pursuant to this chapter. In addition to any and all other costs and expenses, any person who or entity that violates any provision of this chapter shall be liable and responsible for, and shall pay to the city, a civil penalty of one thousand dollars ($1,000.00) for each violation.

B. The enforcement officer shall keep an itemized statement of costs and expenses as set forth in Section 1.12.120.

C. If the property owner does not pay the costs, expenses and civil penalties in full within thirty (30) days after receipt of the statement of costs pursuant to subsection B of this section or, if requested, after any decision on appeal by the city council pursuant to this subsection which confirms in whole or in part the costs, expenses and civil penalties, the costs, expenses and civil penalties shall become a special assessment against the real property upon which the violation(s) of this chapter occurred. A special assessment may be filed against the property as set forth in Sections 1.12.220 and 1.12.230.

D. Any monies recovered under this section shall be used exclusively for costs and programs associated with monitoring and establishing stormwater discharge pollution control systems, implementing or enforcing the provisions of this chapter and/or creating educational and/or remedial programs relating to stormwater discharge pollution. (Ord. 15-3 § 1; Ord. 04-5 § 2)

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city attorney. In any such action, the city attorney shall be authorized to any or all of the following remedies:

• A. A temporary restraining order and/or preliminary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

• C. Costs incurred or required to remove, correct, or terminate the adverse effects resulting from the violation;

• D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;

• E. Attorney’s fees. (Ord. 15-3 § 1; Ord. 04-5 § 2)

In addition or as an alternative to the penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety or welfare and is thus deemed a nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12. The city attorney also is authorized to pursue any remedy he or she deems necessary or appropriate to abate, enjoin, or otherwise compel the cessation of the nuisance. (Ord. 15-3 § 1; Ord. 04-5 § 2)

The St. Helena Municipal Code is current through Ordinance 26-5, passed June 23, 2026.

Disclaimer: The city clerk’s office has the official version of the St. Helena Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofsthelena.gov

Hosted by ICC Code Solutions.