Truckee Municipal Code Ch. 11.01 Stormwater Quality

The ordinance codified in this title shall be known as the "Stormwater Quality Ordinance" of the Town of Truckee, and may be so cited.

A. The purpose of this title is to ensure that the Town of Truckee (Town) is compliant with state and federal laws and fulfills its requirements to:

1. Protect the health, safety, and general welfare of the citizens of the Town.

2. Enhance and protect the quality of waters of the State in the Town by reducing pollutants in stormwater discharges to the maximum extent practicable and controlling non-stormwater discharges to the storm drain system.

3. To cause the use of best management practices by the Town and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the State.

B. This title seeks to promote these purposes by:

1. Prohibiting illicit discharges to the storm drain system.

2. Establishing authority to adopt requirements for stormwater management, including source control requirements, to reduce pollution to the maximum extent practicable.

3. Establishing authority to adopt requirements for municipal operations to reduce stormwater pollution and erosion to the maximum extent practicable;

4. Establishing authority to adopt requirements for public and private development projects to reduce stormwater pollution and erosion both during construction and after the project is complete.

5. Establishing authority that will enable the Town to implement and enforce all requirements of the State Water Resource Control Board Water Quality Order No. 2013-0001-DWQ.

The Town of Truckee Town Council has determined that the health, safety, and general welfare of the citizens of the Town are adversely affected by the discharge of pollution into storm drain systems and waters of the State. The Town Council further finds that any violation of this title constitutes a public nuisance.

The Town of Truckee is permitted under the Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ), which also serves as a National Pollutant Discharge Elimination System (NPDES) Permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this permit, the Town is required to implement the necessary legal authority and implement appropriate procedures, to regulate the entry of pollutants and non-stormwater discharges into the Town stormwater conveyance system.

This title applies to all areas of the Town of Truckee within Town limits.

Any term(s) defined in the Federal 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 mentioned in this section, shall, when used in this title, have the same meaning as set forth in such act or regulation. As used in this title, the following terms shall have the meanings set forth herein:

A. "Best Management Practices (BMPs)" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the State. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices, to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures, Institutional controls, non-structural best management practices (i.e., no structures are involved) that may include, but not be limited to, street sweeping, sidewalk trash bins, collection of the trash, anti-litter educational and outreach programs, and producer take-back for packaging, and such other provisions as the Town determines appropriate for the control of pollutants.

B. "Bioretention Facility" means a post-construction stormwater treatment BMP that treats stormwater runoff vertically through an engineered soil filter media and vegetation and retains stormwater runoff on-site through infiltration or evapotranspiration. Specific design criteria are found within the current MS4 permit (Order No. 2013-0001-DWQ).

C. "CASQA" means the California Stormwater Quality Association.

D. "Clean Water Act" means the federal Water Pollution Control Act of 1972, codified at Chapter 26 of Title 33 of the United States Code.

E. "Construction Activity" means any soil disturbing activity that requires a building or grading permit from the Town, including, but not limited to, clearing, grading, paving, stockpiling, and excavating.

F. "Construction General Permit" means the General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities issued by the State Board, NPDES No. CAS000002, as it currently exists or may be amended and reissued from time to time. The Construction General Permit is available from the State Board and may be reviewed on the Internet at: http://www.swrcb.ca.gov/water\_issues/programs/stormwater/construction.shtml.

G. "Construction Site" means the premises where any project that involves any construction activity is located, including projects requiring coverage under the Construction General Permit.

H. "Design Storm" means a synthetic rainstorm defined by rainfall intensities and durations. Rainfall intensities and durations are defined in the MS4 permit and are used to determine the quantity or flow that will need to be infiltrated or treated to meet the permit requirements. Current guidance for the local design storm is found within the most current Town of Truckee LID Calculator.

I. "Development" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. Development includes any activity that may be considered new development or redevelopment. This also 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 disturbs 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.

J. "Discharge" means the release, threatened release, or placement of any material into the Town's storm drain system or receiving waters, including but not limited to stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

K. "Drainage Management Area" means discrete portions of a project site that drain to a common point. A site may have multiple Drainage Management Areas.

L. "Drainage Study" means a detailed study, prepared by a state of California registered civil engineer, showing hydrology and drainage design calculations in accordance with requirements found within the Town of Truckee's Development Code, within the Town's Public Improvement and Engineering Standards, and as directed by the Town's Engineer.

M. "Enforcement Agency" means the Town of Truckee Code Compliance is the primary enforcement agency for the purposes of this title. The Town shall coordinate program activities with and authorize personnel of various departments to serve as compliance officials to effectuate the purposes of this title.

N. "Enforcement Official" means any agent of the Town authorized to enforce compliance with this chapter.

O. "Hazardous Material" means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

P. "Hazardous Waste" means any hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which has been suspended under the Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.) by act of Congress.

Q. "Hydromodification Management Project" means a project that has a significant opportunity to change runoff characteristics within a watershed by changes in land use conditions. Hydromodification results in an artificially altered rate of natural channel erosion and sedimentation processes. These projects are defined by the MS4 permit as any project that creates or replaces one acre or more of impervious surface. A project that does not increase impervious surface area over the pre-project condition is not a hydromodification project.

R. "Illicit Connection" means either of the following define an illicit connection:

1. Any drain or water conveyance facility, either surface or subsurface, which allows an [illicit] discharge to enter the storm drain system or waters of the State, including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system or waters of the State and any connection to the storm drain system from indoor drains and sinks, regardless of whether such drain or connection has been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by the Town of Truckee, Nevada County, or other permitting agency.

S. "Illicit Discharge" means any direct or indirect non-stormwater discharge to the Town's municipal storm drain system or waters of the State, except as otherwise exempted in Section 11.02.020 of this title including the introduction of pollution into the storm drain system.

T. "Incidental Runoff" means unintended amounts (measured in volume) of runoff from landscape irrigation, such as unintended, minimal over-spray from a sprinkler that escapes the 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.

U. "Industrial or Commercial Facility" has the meaning set forth for "industrial activity" in Sections 122.2(b)(14)(i) through (xi) of Title 40 of the Code of Federal Regulations.

V. "Licensed Professional" means a California registered civil engineer.

W. "Low Impact Development (LID)" means a site development strategy that emphasizes the integration of site planning and best management practices that mimic the natural hydrologic functions of a site.

X. "Materials" means any substance including but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners; and any other fluid or solid containing chemicals.

Y. "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 to apply to all small municipal separate storm sewer system (MS4) operators regulated under the NPDES program. MEP is generally the result of emphasizing pollution prevention and source control Best Management Practices (BMPs) as the preferred method of preventing water pollution. 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.

Z. "Multi-Benefit Project" means a treatment control project designed to achieve more than one of the benefits set forth in section 10562, subsection (d) of the Water Code. Examples include projects designed to: infiltrate, recharge or store stormwater for beneficial reuse; develop or enhance habitat and open space through stormwater and nonstormwater management; and/or reduce stormwater and nonstormwater runoff volume.

AA. "Municipal Separate Storm Sewer System (MS4)" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned by a state, county, city, or other public body, that is designed or used for collecting or conveying stormwater, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

BB. "National Pollutant Discharge Elimination System (NPDES)" means the primary permitting program under the Clean Water Act (33 U.S.C. Section 1251 et seq.) which regulates most discharges to surface water. Permits under this program include the Construction General Permit, Industrial General Permit, and the Municipal Stormwater Permits.

CC. "NPDES Municipal Stormwater Permit (MS4 Permit)" means a statewide permit issued to local government agencies (Dischargers) placing provisions on allowable discharges of municipal stormwater to Waters of the State.

DD. "New Development" means land disturbing activities that fall under the Town's planning or permitting authority; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision on an area that has not been previously developed.

EE. "Operation and Maintenance Plans (O & M Plan)" means documentation for operation and maintenance of all new post-construction treatment/hydromodification BMPs. The documents shall outline specific provisions for routine maintenance, repair, replacement, specific locations of BMPs, and schedule of maintenance. Annual self-certification reports shall be submitted to the Town indicating that the BMP maintenance has been performed and that BMPs are functioning as intended. O & M Plans are required for all Regulated Projects that require Baseline Hydromodification Management measures, or other structural BMP controls, beyond Site Design Measures. O & M Plans shall require at least one of the following from all project proponents and their successors in control of the Project or successors in fee title:

1. The project proponent's signed statement accepting responsibility for the O & M of the post-construction treatment/hydromodification BMP(s) until such responsibility is legally transferred to another entity.

2. Written texts in project deeds, or conditions, covenants and restrictions for multi-residential projects that require the homeowners association or each individual owner if there is no association, to assume responsibility for the operation and maintenance of the installed permanent post-construction BMPs until such responsibility is legally transferred to another entity.

3. Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operation and maintenance of all installed permanent post-construction BMPs until such responsibility is legally transferred to another entity.

4. Any other legally enforceable agreement of mechanism, such as recordation in the property deed, that assigns the O & M responsibility for the installed treatment/hydromodification BMP(s) (if any) to the project owner(s).

5. Projects completed in the Town's right-of-way shall be addressed using a maintenance schedule approved by the Town.

FF. "Pollutant" means anything that causes or contributes to pollution, as defined in this section. Pollutants include, but are not limited to: paints, varnishes, solvents, oil, automotive fluids, yard wastes, refuse, rubbish, garbage, litter, discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, detergents, soaps, hazardous substances, hazardous waste, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates), and noxious or offensive matter of any kind.

GG. "Pollution" means the human-made or human-induced alteration of the quality of waters to a degree that causes or contributes to an exceedance of water quality standards contained in the Statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable Regional Water Quality Control Board Basin Plan.

HH. "Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act, as amended (California Water Code Section 13000 et seq.).

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

JJ. "Property Owner" means any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this title.

KK. "Qualified SWPPP Developer" means an individual authorized to develop and revise Stormwater Pollution Prevention Plans (SWPPPs) and Town of Truckee Erosion and Sediment Control Plans.

LL. "Regional Water Quality Control Board (RWQCB)" means the California Regional Water Quality Control Board, Lahontan Region.

MM. "Receiving Waters" means a river, ocean, stream, or other watercourse into which water, wastewater or treated effluent is discharged.

NN. "Redevelopment" means land disturbing activities that result in the creation, addition or replacement of exterior impervious surface area on a site on which some past development has occurred and that fall under the Towns planning or permitting authority. Redevelopment does not include trenching, excavation and resurfacing associated with linear underground/overhead projects; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, noncontiguous sections of roadway.

OO. "Runoff" means water and substances carried in it that drains from the surface of an area of land, a building or structure.

PP. "Site Assessment" means an evaluation of how site conditions, such as soils, vegetation, and flow paths, will influence the placement of buildings and paved surfaces.

QQ. "Source Control Measures" means any schedule of activities, prohibitions, structural controls, 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.

RR. "Storm Drain System" means facilities owned or operated by the Town or privately by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drain, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the Town and are not part of a publicly owned treatment works as defined by law.

SS. "Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from precipitation events, which has not been polluted.

TT. "Stormwater Pollution Prevention Plan (SWPPP)" means a document, which describes the best management practices implemented to eliminate illicit discharges and/or reduce pollutant discharges to the MS4 from Industrial General Permit sites or construction projects that are required to comply with the Construction General Permit.

UU. "Stormwater Quality Plan (SWQP) or an equivalent document" means a plan that addresses site-specific construction site BMPs and post-construction BMPs which meet the minimum requirements, including the rationale used for selecting the BMPs, and the methodology used for sizing the post-construction BMPs.

VV. "Town" means the Town of Truckee.

WW. "Town Manager." All references to the Town Manager shall mean Town Manager, or his/her designee.

XX. "Trash" means all improperly discarded solid material from any production, manufacturing, or processing operation including, but not limited to, products, product packaging, or containers constructed of plastic, steel, aluminum, glass, paper, or other synthetic or natural materials, as defined by the 2015 "Trash Amendments."

YY. "Trash Amendments" means the 2015 "Trash Amendments" approved by the State Water Resources Control Board pursuant to Resolution no. 2015-0019, as such, Trash Amendments may be amended from time to time.

ZZ. "Trash Full Capture System" means a treatment control, or series of treatment controls, including but not limited to, a multi-benefit project or a low impact development control that traps all particles that are 5 mm or greater, and has a design treatment capacity that is either: a) of not less than the peak flow rate, Q, resulting from a one-year, one-hour, storm in the subdrainage area, or b) appropriately sized to, and designed to carry at least the same flows as, the corresponding storm drain.

AAA. "Trash Capture Treatment Controls" means structural best management practices to either (a) remove pollutants and/or solids from stormwater runoff, wastewater, or effluent, or (b) capture, infiltrate or reuse stormwater runoff, wastewater, or effluent. Treatment controls include trash full capture systems and low impact development controls) that meet the requirements for certification as "full capture systems" as defined in the Trash Amendments.

BBB. "Treatment/Hydromodification Best Management Practice" means stormwater facilities that are designed to infiltrate, evapotranspire, and/ or bioretain stormwater.

CCC."Watercourse"

means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

DDD."Waters

of the State" means all surface watercourses and water bodies, including lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface waters as defined by state law, and which are within the Town of Truckee. This definition includes, but is broader than, waters of the United States.

EEE. "Waters of the United States" means surface watercourses and water bodies as defined by federal law, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

FFF. "Wet Season." For the Town of Truckee, the wet season is the calendar period beginning October 15 and ending April 30.

GGG. "Winterization" means implementing erosion and/or sediment controls that will prevent the discharge of earthen materials from the site and the controls will remain effective throughout the wet season without requiring maintenance. In general, this requires stabilizing bare disturbed soils with mulch, erosion protection blankets, or other suitable materials, and installing perimeter sediment controls such as fiber logs or other similar materials that will remain effective during significant rain and snow events (Lahontan Region, Board Order R6T-2003-0004).

The Town Manager or his/her designee shall administer the provisions of this title. Any duties herein may be performed by other departments of the Town.

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