Tracy Municipal Code Art. 1 General Provisions

This chapter shall be known as the City "Stormwater Management and Discharge Control Ordinance," and may be cited as such, and will be referred to herein as "this chapter."

(Ord. 1072 § 1 (part), 2005)

The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the City by controlling nonstormwater discharges to the stormwater conveyance system, by eliminating discharges to the stormwater conveyance system from spills, dumping, or disposal of materials other than stormwater, and by reducing pollutants in urban stormwater discharges to the maximum extent practicable. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to 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. CAS000004, as such permit is amended and/or renewed.

(Ord. 1072 § 1 (part), 2005)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Accelerated erosion" means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.

"Basin plan" means the water quality control plan for the San Joaquin River Basin adopted by the State Board.

"Best management practices" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the State or the United States. "Best management practices" also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. A "best management practice" is any program, technology, process, siting criteria, operational methods or measures, or engineering systems, which when implemented prevent, control, remove, or reduce pollution.

"Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

"Channel" means a natural or artificial watercourse with a definite bed and banks that conduct continuously or periodically flowing water.

"Detention" means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

"Developer" means a person who undertakes land disturbance activities.

"Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single- or multi-family planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Director" means the Director of Public Works, his or her designee, or any agent for the City authorized to enforce compliance with this chapter.

"Employee training program" means a documented training program implemented pursuant to a stormwater pollution prevention plan for the purpose of educating employees regarding methods for reducing the discharge of pollutants to the stormwater conveyance system.

"Erosion and sediment control plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

"Hazardous materials" means any materials, wastes or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to section 311(b)(2) of the Clean Water Act, 33 U.S.C. section 1321(b)(2), or the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. sections 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code sections 25300, et seq., and all future amendments to any of them, or as defined by the State Board or the Regional Board. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous waste or water pollution, the terms "hazardous materials," as used herein, shall be construed to have the broader, more encompassing definition.

"Illegal discharge" means any discharge to the stormwater conveyance system that is prohibited under this Code or local, state or federal statutes, ordinances, codes or regulations. This includes all non-stormwater discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with State Board - Water Quality Order (WQO) No. 2003-0005-DWD, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004, Waste Discharge Requirements for Stormwater Discharges from MS4s (General Permit) and discharges resulting from fire fighting activity. "Illegal discharge" includes but is not limited to discharge of any pollutant. "Illegal discharge" also includes any other discharge to the stormwater conveyance system that is prohibited by this Code, or any state or federal law.

"Illicit connection" means any human-made conveyance that is connected to the stormwater conveyance system without a permit, excluding roof-drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the stormwater conveyance system.

"Individual residential vehicle washing" means the washing and rinsing of an individual vehicle owned by the resident, or the resident's social guest, on whose private property that vehicle is being washed.

"Infiltration" means the process of percolating stormwater into the subsoil.

"Maintenance agreement" means a legally binding and recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

"Maximum extent practicable" means the standard for implementation of stormwater management programs to reduce pollutants in stormwater, including management practices, control techniques and systems, design and engineering methods, and such other provisions as the City or the State determines appropriate for the control of such pollutants. See State Board Order WQ 2000-11.

"National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the Regional Board or the State Board pursuant to division 7, chapter 5.5 of the California Water Code (commencing with section 13370) to control discharges from point sources to waters of the United States.

"Nonstormwater discharge" means any discharge to the stormwater conveyance system that is not composed entirely of stormwater.

"Notice of Intent" means a document submitted to the State Board which constitutes notice that the person intends to be authorized to discharge pollutants to waters of the United States under EPA's Stormwater General Permit.

"Notice to Abate or Show Cause" means a written notice, issued by the Director pursuant to chapter 1.32 of this Code.

"NPDES" means the National Pollutant Discharge Elimination System as authorized by the Clean Water Act.

"Order 2003-0005-DWQ" means State Board Order 2003-0005-DWQ, which constitutes NPDES Permit No. CAS000004, together with all attachments and amendments.

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

"Pollutant" means a "pollutant" as defined in section 502(6) of the Clean Water Act, 33 U.S.C. section 1362(6), or incorporated into California Water Code section 13373, discharged into water but shall not mean uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility, or any substance, the discharge of which into the stormwater conveyance system, through best management practices, has been reduced to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the best management practices available. Subject to the foregoing, "pollutant" also includes but is not limited to wash waters from the cleaning of retail gasoline outlets, auto repair garages and similar automotive service facilities; runoff from mobile auto washing, steam cleaning and mobile carpet cleaning, and other similar mobile commercial and industrial operations; discharges from areas where repair of machinery and equipment, including but not limited to motor vehicles which are visibly leaking oil, fluid or antifreeze, is undertaken; discharges of runoff to the stormwater conveyance system from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; chlorinated or brominated swimming pool water and filter backwash; runoff from the washing of toxic materials from paved or unpaved areas; discharge of runoff from washing impervious surfaces at sites of industrial activity, unless specifically required by State or local health and safety codes; discharge of concrete or cement-laden wash water from concrete trucks, pumps, tools and equipment; litter; construction and demolition debris; fuel and chemical wastes; animal wastes; garbage, food and food processing wastes; cooking oil or grease; leaves, grass or other clippings, dirt or any other landscape debris or wastes; any pesticide, fungicide, or herbicide banned by or not registered with the United States Environmental Protection Agency or the California Department of Pesticide Regulation; wash or rinse water from any restaurant, retail gasoline outlet, or automotive service facility floor mats; any liquid used as a cooling fluid in any radiator of any engine; batteries; untreated sewage; and any other materials or solid waste which has potential adverse effects on water quality of receiving waters, beneficial use of the receiving waters or the flora or fauna of the State.

"Premises" means any building, lot, parcel, land or portion of land whether improved or unimproved.

"Receiving waters" means surface bodies of water as described in Order No. 96-105, including creeks, canals, and rivers, which serve as discharge points for the stormwater conveyance system.

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

"Regional Board" means the California Regional Water Quality Control Board-Central Valley Region.

"Shared facilities" means facilities owned by the West Side Irrigation District that are also used by the City for storm drainage.

"Spill" means any accidental or intentional placing, releasing, discharging, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping, or disposing of any material or substance into the environment.

"State" means the State of California and its various divisions, departments, agencies, boards, commissions and officials.

"State Board" means the State Water Resources Control Board created pursuant to article 1, of chapter 3, of division 7 of the California Water Code.

"State Construction Activity Stormwater Permit" means the general permit for discharges of stormwater associated with construction activity (Construction General Permit, 99-08-DWQ).

"State Industrial Activity Stormwater Permit" means the general permit for discharges of stormwater associated with industrial activities (Industrial General Permit, 97-03-DWQ).

"Storm drain master plan" means the City's long-range planning document intended to present a sound approach to providing adequate storm drainage management through capital improvement projects, flood mitigation and establishing drainage infrastructure criteria for new developments.

"Stormwater" means runoff from snow-melt, stormwater, surface and drainage (excluding infiltration and irrigation tail water), urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events, and that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

"Stormwater conveyance system" means the City of Tracy Municipal Separate Storm Sewer System and those artificial and natural facilities within the City of Tracy, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the State or the United States, including any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

"Stormwater management" means the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.

"Stormwater pollution prevention plan" means a document that describes the best management practices to be implemented by the owner or operator of a business or entity to eliminate nonstormwater discharges and/or reduce to the maximum extent practicable pollutant discharges to the stormwater conveyance system.

"Stormwater runoff" means water flow on the surface of the ground, as the result of precipitation.

"Urban runoff" means any flow of water originating from urban areas, including, but not limited to, rain, irrigation, wash water, and air conditioning condensate.

"Watercourse" means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

Any term(s) defined in the Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in the above definitions of this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation.

(Ord. 1122 § 1, 2008; Ord. 1072 § 1 (part), 2005)

In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, that requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. 1072 § 1 (part), 2005)