Turlock Municipal Code Art. 1 General Provisions

This chapter shall be known as the City "Storm Water Management and Urban Runoff Pollution Control Ordinance," and may be cited as such.

(1199-CS, Added, 9/23/2014)

(a) Purpose. The purpose of this chapter is to protect and promote the health, safety, and general welfare of the citizens of the City through the effective prohibition and reasonable control of non-storm water discharges to the municipal separate storm sewer system (MS4) from spills, dumping or disposal of materials other than storm water, and by reducing pollutants in urban storm water discharges to the maximum extent practicable.

(b) Intent. The intent of this chapter is to assist in the protection and enhancement of the water quality of local watercourses, water bodies, and wetlands (receiving waters) in a manner pursuant to and consistent with the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), by reducing pollutants in storm water discharges and by limiting non-storm discharges into the MS4 to the maximum extent practicable.

(c) Scope. This chapter provides for the control and regulation of discharges to the MS4 and receiving waters, through a program of education and enforcement of general and specific prohibitions and requirements. This chapter applies to all dischargers and places of discharge located within the City of Turlock that discharge storm water or non-storm water into any MS4 or receiving waters.

(d) Objectives. Through a program employing watershed-based approaches that balance environmental and economic considerations, the City seeks to protect and promote the public health, safety, and general welfare of its citizens with the implementation of the following objectives:

(1) To comply with all Federal and State laws, lawful standards, and orders applicable to storm water and urban runoff pollution control;

(2) To prohibit and reasonably control any discharge that may interfere with the operation of, or cause any damage to the MS4, or impair the beneficial uses of the receiving waters;

(3) To prohibit illicit discharges to the MS4;

(4) To reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution wherever feasible, through storm water management controls and to ensure that these management controls are properly maintained;

(5) To reduce pollutants in storm water and urban runoff;

(6) To reduce unauthorized non-storm water discharges to the MS4 to the maximum extent practicable;

(7) To develop and implement effective educational outreach programs designed to educate the public on issues of storm water and urban runoff pollution;

(8) To establish adequate legal authority to carry out all inspection, surveillance and monitoring, or other procedures necessary to ensure compliance with this chapter.

(e) Violations. Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter may be prosecuted in accordance with TMC 1-2-01.

(1199-CS, Added, 9/23/2014)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards. Therefore, this chapter does not intend nor imply that compliance by any person will ensure there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by such person. This chapter shall not create liability on the part of the City of Turlock, or any agent, or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.

(1199-CS, Added, 9/23/2014)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Basin plan"

shall mean a water quality control plan adopted by the California Regional Water Quality Control Board for the Central Valley or the State Water Resources Control Board for a specific region, watershed, or other designated area.

"Best management practice" or "BMP"

shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to the MS4. Best management practices may also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from construction or industrial sites or from raw material storage. Examples of BMPs may include: public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste-handling and disposal, among others.

"California Storm Water Quality Association" or "CASQA"

shall mean the California Storm Water Quality Association, a professional member association dedicated to information sharing and the advancement of storm water quality management.

"Charity vehicle washing"

shall mean the washing and rinsing of passenger vehicles on private property by nonprofit organizations.

"City"

shall mean the City of Turlock.

"Clean Water Act" or "CWA"

shall mean the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and any subsequent amendments thereto.

"Commercial activity"

shall mean any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities, or providing professional and/or nonprofessional services.

"Construction activity"

is defined as clearing, grading, or excavation that results in soil disturbance. Construction activity 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 required to immediately protect public health and/or safety.

"Control"

shall mean to minimize, reduce, or eliminate by mechanical, physical, technological, legal, contractual, or other means the discharge of pollutants from an activity or activities.

"Development"

shall mean any construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction; the building or placement of any structure or portion thereof and includes all "construction activity."

"Director"

shall mean the Municipal Services Director of the City of Turlock or the duly authorized representative(s) designated to administer, implement, and enforce the provisions of this chapter.

"Discharge"

shall mean any intentional or unintentional release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance to the MS4 or receiving waters.

"Employee training program"

shall mean a documented employee training program that may be required to be implemented by a business pursuant to a storm water pollution prevention plan (SWPPP), for the purpose of educating its employees on methods of reducing the discharge of pollutants to the MS4.

"Enforcement Agency"

shall mean the City of Turlock

"Enforcement Official"

shall mean any agent of the City authorized to enforce compliance with this chapter.

"Hazardous material(s)"

shall mean any material, including any substance, waste or combination thereof, that, because of its quality, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed, or any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.

"Illicit connection"

shall mean any physical connection including pipes, drains, open channels, or other conveyances to the MS4 that is not authorized by the City and/or the Regional Water Board.

"Illicit discharge"

shall mean any discharge to the MS4 that is prohibited under local, State, or Federal statutes, ordinances, codes or regulations, particularly any discharge that may degrade the quality of local receiving waters. Illicit discharges include all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted by an NPDES permit or granted as a special waiver or exemption by the Regional Water Board.

"Impervious surface"

shall mean any manmade or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, concrete, compacted gravel, compacted earth, and oiled earth. Permeable pavement shall not be considered to be an impervious surface.

"Incidental runoff"

shall mean unintended amounts (volume) of runoff of potable or nonpotable water mainly from urban sources, such as unintended, minimal over spray from sprinklers 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.

"Industrial activity"

shall mean any public or private activity which is associated with any of the eleven (11) categories of activities defined in 40 CFR 122.26(14) (b) and required to obtain an individual NPDES permit or coverage under a general permit.

"Industrial/commercial facility"

shall mean any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC) and/or North American Industry Classification System (NAICS). Facility ownership (Federal, State, municipal, private) and profit motive of the facility are not factors in this definition.

"Material"

shall mean 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 fluid or solid containing chemicals.

"Maximum extent practicable" or "MEP"

shall mean the standard for implementation of storm water management programs to reduce pollutants in storm water. MEP refers to storm water management programs taken as a whole. This standard represents the maximum extent possible, but takes into account equitable considerations and competing facts, including but not limited to, the gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, ability to implement, cost, and technical feasibility.

"Municipal separate storm sewer system" or "MS4"

shall mean any natural or artificial facilities or any part thereof, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are located within the jurisdiction or geographical extent of the City of Turlock and used for the purpose of collecting, storing, transporting, or disposing of storm water.

"National pollutant discharge elimination system" or "NPDES"

shall mean a discharge permit issued by the US EPA, State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States.

"Noncommercial vehicle washing"

shall mean the washing and rinsing of passenger vehicles on private property in which no commercial enterprise is being conducted in the washing of those vehicles.

"Nonprofit organization"

shall mean any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment, or charitable purposes, which has been issued a tax exempt certificate as required under the Revenue and Taxation Code of the State of California or a group which is an integral part of a recognized national organization having such a tax exempt status. A nonprofit organization shall also mean any organization officially affiliated with and sanctioned by any Turlock School District which serves a significant number of residents from the City of Turlock. This shall include private schools.

"Non-storm water discharge"

shall mean any discharge to a municipal MS4 that is not composed entirely of storm water.

"Notice of intent" or "NOI"

means a document filed with the State Water Resources Control Board that identifies the responsible parties, locations, and scope of operations of dischargers covered by the general NPDES permit and documents the discharger's knowledge of the requirements for a SWPPP.

"Notice of violation" or "NOV"

means a written order served upon a person or entity, by personal service or by registered or certified mail.

"Person"

shall mean any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.

"Phase II small MS4 general permit"

shall mean an NPDES permit providing permit coverage to a small MS4 by the State Water Resources Control Board pursuant to the Clean Water Act that authorizes discharges of storm water and some types of non-storm water to waters of the United States.

"Pollutant"

shall mean any pollutant defined in 33 U.S.C. Section 1362(6) of the Federal Water Pollution Control Act or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to the following:

(a)

Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

(b)

Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium), and nonmetals (such as phosphorus and arsenic);

(c)

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease);

(d)

Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the designated or existing beneficial uses of the receiving waters;

(e)

Animal wastes (including but not limited to discharge from the keeping of household pets and domestic animals, animal confinement facilities, kennels, pens, recreational facilities, stables, and show facilities) or other materials with excessive levels of fecal coliform, fecal streptococcus, or enterococcus bacteria;

(f)

Substances having characteristics such as pH less than 5.5 or greater than 8.5, unusual coloration, or turbidity;

(g)

Any prohibited discharge listed in TMC 6-4-303.

"Receiving waters"

shall mean all surface water bodies, including any natural or manmade stream, whether flowing continuously or not, that is fed from permanent or natural sources, and, without limitation, rivers, creeks, runs, rivulets, and drains within Stanislaus County that are identified by the Regional Water Board in a basin plan. A receiving water may or may not be properly defined as a water of the United States.

"Regional Water Board"

shall mean the California Regional Water Quality Control Board, Central Valley Region.

"Spill response plan"

shall mean a plan required by and for which contents are specified in the State of California Phase II small municipal separate storm sewer system general permit (MS4). A spill response plan is a document that describes the best management practices to be implemented by the City for non-storm water spills that may threaten the MS4.

"State Water Board"

shall mean the California State Water Resources Control Board.

"Storm water" or "stormwater"

shall mean surface water runoff and drainage which originates from atmospheric moisture (rainfall or snow melt) and that falls onto land, water, or other surfaces and that is essentially free of pollutants or has had pollutants reduced to the maximum extent practicable. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

"Storm water pollution prevention plan" or "SWPPP"

shall mean a plan required by and for which contents are specified in the State Water Board's general permit for storm water discharges associated with industrial activities (Order No. 97-03-DWQ and No. 2014-0057-DWQ (effective July 1, 2015)), or for storm water discharges associated with construction activities (Order No. 2009-0009-DWQ. (as amended)). A SWPPP is a document that describes the BMPs to be implemented by the owner or operator of a business to eliminate non-storm water discharges and/or to reduce pollutants in storm water discharges to the MS4 or local receiving waters.

"Storm water runoff"

shall mean that part of precipitation (rainfall or snow melt) that travels across the ground or a surface to the MS4 or receiving waters.

"Toxic materials"

shall mean any material or combination of materials that directly or indirectly cause or substantially contribute to either acute or chronic toxicity in receiving waters. Toxic materials includes toxic pollutants listed in the California Toxics Rule, 40 C.F.R. 131.38(b).

"United States Environmental Protection Agency" or "US EPA"

shall mean the Federal government agency tasked with implementing the Clean Water Act and the NPDES permit program nationally.

"Urban runoff"

shall mean surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and nonpotable water.

"Water quality standard"

shall mean any or all applicable water quality objectives set to protect designated and existing beneficial uses contained in a basin plan or any other approved water quality control plan.

(1199-CS, Added, 9/23/2014)

Except as otherwise provided herein, the Director, or his/her designee, shall administer, implement, and enforce the provisions of this chapter.

(1199-CS, Added, 9/23/2014)

(a) In the event of any conflict between this chapter and any Federal or State law, regulation, order or permit, the requirement that establishes the higher or more stringent standard for public health or safety shall govern.

(b) To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit.

(1199-CS, Added, 9/23/2014)