Stockton Municipal Code Art. I General Provisions

This chapter establishes uniform requirements for the selection and incorporation of site design, controls, source controls, volume reduction measures, and treatment controls into public and private new development projects and significant redevelopment projects in a manner consistent with the Federal Clean Water Act, the adopted municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit and the City's corresponding Stormwater Management Plan. The incorporation of these controls and measures into these projects will promote the future health, safety, general welfare, and protection of property of the citizens of the City and protect and enhance the water quality of the City's watercourses, water bodies, and wetlands.

In order to implement the goals and objectives of the City's General Plan and Stormwater Management Plan, provide guidance regarding the regulatory requirements and project specific requirements, and to reduce pollutants in stormwater discharges to the maximum extent practicable (MEP), the City Council has determined that a Stormwater Quality Control Criteria Plan (SWQCCP) is necessary and needs to be updated periodically to reflect evolving regulatory requirements. The SWQCCP has the following goals:

A. Protect water resources of the City from the adverse impacts of urban stormwater runoff;

B. Ensure that the implementation of the measures in the SWQCCP is consistent with the NPDES permit and other State requirements, including trash control;

C. Provide clear development standards for developers, design engineers, agency engineers, and planners to use in the selection and implementation of appropriate control measures;

D. Emphasize the implementation of low impact development (LID)-based strategies; and

E. Provide maintenance procedures to ensure that the selected control measures will be maintained to provide effective, long-term pollution control.

(Prior code § 7-859; Ord. 2021-01-26-1601 § 2)

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

"Authorized enforcement officer"

means an individual designated by the Director to enforce the provisions of this chapter.

"City"

means City of Stockton.

"Clean Water Act"

means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any amendments thereto, referred to as the Clean Water Act or CWA. Requirements of the National Pollutant Discharge Elimination System program are defined under Sections 301, 307, 318, 402, and 405 of the CWA.

"Director"

means the Director of the Municipal Utilities Department of the City of Stockton or such person designated by the Director of the Municipal Utilities Department.

"Maximum extent practicable" (MEP)

means the technology-based standard for implementation of municipal stormwater management programs to reduce pollutants in stormwater.

"National pollutant discharge elimination system (NPDES) permit"

means a permit issued pursuant to the Clean Water Act which authorizes discharges to the waters of the United States from the City storm drainage system.

"New development"

means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

"Permit holder"

means the holder of a building or use permit for a priority project, priority land use (PLU) project, or project that is both a priority project and a PLU project.

"Priority land use project"

means a project as defined by the SWQCCP.

"Priority project"

means a project as defined by the SWQCCP.

"Significant redevelopment"

means the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site.

"Site design controls"

means those best management practices (BMPs) that reduce stormwater runoff peak flows and volumes by incorporating design features and land considerations.

"Source controls"

means any schedule of activities, structural devices, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

"Stormwater"

means stormwater runoff, snow-melt runoff, surface runoff, and drainage, excluding infiltration and irrigation tailwater. Urban runoff and snow-melt runoff consist only of those discharges which originate from precipitation events. Stormwater is that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

"Stormwater management plan"

means the overarching Stormwater management program planning document and includes comprehensive details on the City's process for implementing the permit requirements.

"Stormwater quality control plan" (SWQCP)

means the plan that is submitted by the project proponent to the City for review and approval that demonstrates how the proposed project will conform to the requirements of the SWQCCP.

"Treatment controls"

means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. For the purposes of the SWQCCP there are two types of treatment controls: LID treatment controls and conventional treatment controls.

"Volume reduction measures"

means BMPs that can be used to direct, retain, reuse and/or infiltrate stormwater runoff.

B. Any terms defined in the Clean Water Act and any acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990, and as thereafter amended from time to time 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 said act or regulation.

(Prior code § 7-859.1; Ord. 2021-01-26-1601 § 2)

This chapter shall be administered by the City Manager of the City, or such person designated by the City Manager who shall be referred to herein as the "Director", in a manner that is consistent with the adopted SWQCCP and/or any amendments hereto that incorporate nonsubstantial changes.

(Prior code § 7-859.2; Ord. 2021-01-26-1601 § 2)

The rules and regulations set forth in this chapter shall be construed in a manner consistent with, and shall in no way be construed in such a manner so as to diminish the authority of, the requirements of the Federal Clean Water Act and any amendments or supplements thereto and its applicable implementing regulations; the City municipal stormwater NPDES permit and any amendment, revision, or reissuance thereof; and all other provisions contained in this code, particularly, those in Titles 1, 8, 10, 13, 15 and 16. The project must also comply with other applicable federal/state/local requirements.

(Ord. 2021-01-26-1601 § 2)

The City Council shall, adopt or revise a fee by resolution, for the City review(s) and approval of a stormwater quality control plan (SWQCP), maintenance plan, and/or other plans or materials as required by the SWQCCP as well as inspections that may be required.

(Ord. 2021-01-26-1601 § 2)