Truckee Municipal Code Ch. 11.03 Adoption of Best Management Practices

A. Each Town department may adopt requirements identifying best management practices for any activity, construction activity, operation or facility, which may cause or contribute to pollution or contamination of stormwater, the MS4 system or waters of the United States. Where best management practice requirements are promulgated or adopted by the Town 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 MS4 system or water of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements.

B. All BMPs shall be protected and maintained to ensure continuous and fully effective performance as designed. All structural and non-structural permanent BMPs not owned by the Town shall be maintained by the property owner or person's lessee. The enforcement official shall have the authority to inspect any permanent stormwater BMP whether permitted or not, as allowed for in Chapter 11.06. The purpose of inspections may be to verify BMP function. The enforcement official shall also have the authority to require monitoring, remediation, or issue citations or compliance orders for any BMP that is not properly maintained or operated.

C. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, titles, and accumulations, so that the same may cause or contribute to pollution.

D. Every property owner or any tenant in legal possession of the property upon which there is a paved sidewalk shall maintain that portion of the sidewalk on the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept into or otherwise allowed to enter the gutter or roadway, storm drain system, or any waters of the State, but shall instead be disposed of in receptacles maintained as required for proper disposal of solid waste.

E. Every property owner or any tenant in legal possession of the property upon which there is an unpaved road or driveway shall maintain that portion of the road or driveway and associated cuts or fills on the property free of litter or to prevent erosion to the maximum extent practicable.

F. Persons owning, operating, or maintaining a paved area, including the paved areas of a parking lot, gas station, paved street, road, or driveway, and related storm drain systems shall clean those structures as frequently and as thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.

G. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, 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 utility and trail construction and or maintenance, flood control or fire protection, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to unnaturally high rates of erosion.