Temple City Municipal Code Ch. 1 General Provisions

The purpose of this chapter is to protect the public health, welfare and safety and to reduce the quantity of pollutants being discharged to the waters of the United States.

A. Objectives:

1. Elimination of nonstormwater discharges to the municipal storm sewer system.

2. Elimination of spillage, dumping and disposal of pollutants into the municipal storm sewer system.

3. Reduction of pollutants in stormwater discharges to the maximum extent practicable.

4. To protect and enhance the quality of the waters of the United States in a manner consistent with the provisions of the federal clean water act. (Ord. 96-799)

BEST MANAGEMENT PRACTICE (BMP): Activities, practices, facilities, and procedures that when implemented prevent or reduce the pollution of waters of the state.

CFR: The current issue of the Code of Federal Regulations.

CITY: The city of Temple City.

CONDITIONALLY EXEMPT NON-STORMWATER DISCHARGE: Conditionally exempt non-stormwater discharges are certain categories of discharges that are not composed entirely of stormwater and that are either not sources of pollutants or may contain only minimal amounts of pollutants and when in compliance with specified BMPs do not result in significant environmental impacts. (See 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990).)

CONSTRUCTION GENERAL PERMIT: General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.

EXEMPTED DISCHARGE: Any discharge to the municipal stormwater system that is not subject to the provisions of this chapter. Exempted discharges are listed in subsection 8-2-1 B of this title.

ILLICIT CONNECTION: Any manmade conveyance that is connected to the storm drain system without a permit, excluding roof-drains and other similar type connections, that serves as a pathway for any illicit discharge. Examples include channels, pipelines. conduits, inlets or outlets that are connected directly to the storm drain system.

ILLICIT DISCHARGE: Any discharge into the municipal stormwater system or from the municipal stormwater system into a receiving water that is prohibited under local. state, or federal statutes, ordinances. codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except authorized non-stormwater discharges: conditionally exempt non-stormwater discharges: and non-stormwater discharges resulting from natural flows specifically identified in Part III.A of the Municipal NPDES permit.

INDUSTRIAL GENERAL PERMIT: General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board. which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

MANAGER: The current city manager of the city of Temple City or authorized deputy, agent, representative or inspector.

MUNICIPAL STORMWATER SYSTEM: Any facility within the city by which stormwater runoff is conveyed to the waters of the United States. This system includes, but is not limited to, flood control channels, roads with drainage systems, streets, catch basins, inlets, curbs, ditches, gutters, storm drains, canals, pipes, and fabricated and natural channels.

NPDES: National pollutant discharge elimination system.

NONSTORMWATER DISCHARGE: Any discharge into the municipal storm drain system that is not composed entirely of stormwater.

OWNER: When applied to a building or land, shall mean any part owners, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

PERSON: Any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

POLLUTANT: Any substance introduced into the environment that may directly or indirectly result in adverse effects on the beneficial uses of a resource as defined in Section 502(6) of the Clean Water Act (33 U.S.C. Section 1362(6)) or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to:

A. Artificial materials, chips or pieces of natural or manmade materials.

B. Household waste.

C. Commercial and industrial waste.

D. Metals such as cadmium, lead, zinc, copper, solver, nickel, chromium and nonmetals such as phosphorus and arsenic.

E. Petroleum hydrocarbons.

F. Excessive eroded soils, sediment and particulate materials.

G. Substances having characteristics such as a pH level of less than 6 or greater than 9, unusual coloration or turbidity, excessive levels of fecal coliform, fecal streptococcus, or enterococcus.

H. Waste materials and wastewater generated by construction activities.

I. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.

J. Materials which contain base/neutral or acid extractable organic compounds.

K. Those pollutants defined in section 1362(6) of the Federal Clean Water Act.

L. Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora, or fauna of the state.

PREMISES: Any building, lot, parcel of land, land, or portion of land whether improved or unimproved.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A plan, as required by a state general permit for discharges of stormwater (e.g.. Construction General Permit or Industrial General Permit), identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from activities covered by the general permit.

STORMWATER RUNOFF: That part of precipitation which travels via flow across a surface to the storm drain system or receiving waters.

STORMWATER TREATMENT SYSTEM: Any physical system designed and/or used to reduce the concentrations of pollutants in stormwater runoff. (Ord. 96-799; amd. Ord. 23-1072)

Responsibility for the administration and implementation of this title shall be the responsibility of the city manager for the city of Temple City.

A. Delegation Of Powers:

1. Whenever a power is granted to or a duty is imposed upon the city manager by this title, that power may be exercised or the duty may be performed by a deputy of the city manager or a person authorized pursuant to law by the manager, unless this title expressly provides otherwise. (Ord. 96-799)

The provisions of this title shall take precedence over any inconsistent or conflicting provisions of this code. (Ord. 96-799)

Any time limit provided for in the provisions of this title may be extended by mutual written consent of the city manager and the permittee, applicant, or other affected person. (Ord. 96-799)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this title or any part thereof, is held invalid, or unconstitutional, such decision shall not affect the validity of the remaining section or portions of this title or part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. (Ord. 96-799)

Fees to be charged for plan checking, inspection and enforcement and any other activities carried out by the city under this section shall be specified by resolution of the city council. (Ord. 96-799)