Chapter 12.41 — STORMWATER MANAGEMENT AND DISCHARGE CONTROL

The following words and phrases when used in this chapter shall be as defined herein. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:

A.

Best management practices" or "BMP" are structural devices, measures, stormwater management facilities, activities, prohibitions, or practices; general good housekeeping, pollution prevention practices, maintenance procedures, and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands.

B.

"City's NPDES permit" shall mean the NPDES permit issued to the city of Vallejo, Permit No. CAS612008 and any subsequent amendment, reissuance or successor to this NPDES permit.

C.

"Development runoff requirements" shall mean the provisions in the city's NPDES permit that contain performance standards to address the impacts on stormwater quality of both the construction and postconstruction phase impacts of new projects and redeveloped projects.

D.

"Director" shall mean the director of public works of the city of Vallejo or his or her designee.

E.

"Enforcement officer" or "officer" shall mean those individuals designated by the director to act as authorized enforcement officers.

F.

"Guidebook" shall mean the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook including the most recent version of the city of Vallejo Addendum to the C.3 Guidebook.

G.

"Non-stormwater discharge" is any addition of any pollutant to the stormwater system, except discharges pursuant to an NPDES permit, or discharges further exempted in Section 12.41.06(c) and (d) of this chapter.

H.

"Pollutant" shall mean any material other than stormwater including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or stormwater system.

I.

"Premises" shall mean any building, structure, facility, or installation, (including a building's grounds or other appurtenances), and adjacent sidewalks and parking strips.

J.

"Responsible person" shall mean the owner or occupant of any premises or who engages in any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the stormwater system.

K.

"Stormwater" shall mean flow on the surface of the ground resulting from precipitation.

L.

"Stormwater control plan" shall mean a plan that meets those criteria contained in the most recent version of the guidebook.

M.

"Stormwater management facility" shall mean any device that utilizes detention, retention, filtration, harvest for reuse, evapotranspiration or infiltration to provide treatment (and/or control volume, flows, and durations) of stormwater for purposes of compliance with development runoff requirements.

N.

"Stormwater system" is that system of facilities by which stormwater may be conveyed to waters of the United States, including any stream, watercourse, other body of water or wetlands, including flood control channels, any roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, or storm drains, some of which may be owned by the Vallejo Sanitation and Flood Control District (VSFCD) but which are not part of a publicly owned treatment works ("POTW") as that term is defined in 40 CFR section 122.2.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

The director or his designee shall administer this chapter for the city.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

This chapter shall be construed consistent with the requirements of the Federal Clean Water Act, the State Water Resources Control Board's Porter-Cologne Act, and the city's NPDES permit, and amendments thereto.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

Every application for a development project, including, but not limited to, a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is

subject to the development runoff requirements in accordance with thresholds and effective dates in the city's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the guidebook.

B.

Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section.

C.

All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the guidebook.

D.

All stormwater management facilities shall be maintained according to the guidebook and the approved stormwater control operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the stormwater control operation and maintenance plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The stormwater operation and maintenance plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in Sections 12.41.16 and 12.41.17.

E.

To accept responsibility for the operation and maintenance, inspection, and reporting of the stormwater management facilities according to the stormwater control operation and maintenance plan, recorded covenants shall be provided by the property owner or organization prior to issuance of a certificate of occupancy or as otherwise approved by the director.

F.

The person responsible for operation and maintenance shall cause to be recorded, before a certificate of occupancy may be issued, a covenant or easement for access by the city, VSFCD, the Solano County Mosquito Abatement District, and the regional water quality control board to stormwater management facilities for inspections and maintenance.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

12.41.060 - Prohibited discharge.

A.

The release of non-stormwater discharges to the stormwater system is prohibited.

B.

The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the city's NPDES permit is prohibited.

C.

The following discharges are exempt from the prohibition set forth in subsection A. above:

1.

Any discharge in compliance with an NPDES permit issued to the discharger.

2.

Flows from riparian habitats and wetlands, diverted stream flows, flows from natural springs, rising ground waters, uncontaminated and unpolluted groundwater infiltration, single-family homes' pumped groundwater, foundation drains, and water from crawl space pumps and footing drains, and pumped groundwater from drinking water aquifers.

D.

The following discharges are exempt from the prohibition set forth in subsection A., above if the discharges are in accordance with conditions including, but not limited to, specific conditions for each type of discharge set forth in Section C.15 of the city's NPDES permit: pumped groundwater from non-drinkingwater aquifers; pumped groundwater from other sources, foundation drains, and water from crawl space pumps and footing drains; air conditioning condensate; planned discharges from routine operation and maintenance activities in the potable water distribution system; unplanned discharges from breaks, leaks, overflows, fire hydrant shearing, or emergency flushing of the potable water distribution system; emergency discharges of the potable water distribution system as a result of firefighting, unauthorized hydrant openings, or natural or manmade disasters; individual residential car washing; swimming pool, hot tub, spa, and fountain water discharges, and discharges from irrigation water, landscape irrigation, and lawn or garden watering.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

Any discharge that would result in or contribute to a violation of the city's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the stormwater system, and to commence or continue any unauthorized discharges to the stormwater system.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

Where BMPs, guidelines, or requirements have been adopted by any federal, state of California, regional and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges and/or discharge of non-stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements or as may be identified by the director. Examples of BMPs include, but are not limited to, those described in publications by the United States Environmental Protection Agency, the California Water Boards, the California Stormwater Quality Association, the Bay Area Stormwater Management Agencies Association, the Contra Costa Clean Water Program, the VSFCD, and the city of Vallejo.

B.

Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.

C.

Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

D.

Maintenance of Facilities and Landscaped Areas. BMPs shall be implemented to minimize the release of pesticides, fertilizers, herbicides, and other related materials used to maintain landscaping and facilities.

E.

Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the stormwater system. The director may require installation and maintenance of devices or facilities to prevent the discharge of trash or other pollutants from private parking lots, streets, roads, and drainage facilities into the storm drain system.

F.

Construction Activities. Any construction contractor performing work in the city, where discharge of stormwater to the stormwater system is possible, shall at a minimum implement BMPs to retain any debris, dirt, or other pollutant on the project site from flowing into the stormwater system. The director may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. All construction sites must implement and maintain at least the following minimum BMPs:

1.

Erosion control at the site;

2.

Run-on and run-off controls to and from the site;

3.

Control of sediments and fines on the site;

4.

Active treatment systems (as necessary);

5.

Good site management;

6.

Non-stormwater management.

G.

Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.

H.

Development Runoff Requirements. For each new development project subject to the development runoff requirements, every applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in

runoff volume, flows, and durations shall be managed in accordance with the development runoff requirements.

I.

Stormwater Pollution Prevention Plan. The director may require any business or utility in the city that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures, carried out partially or wholly outdoors.

J.

Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, California Health and Safety Code Section 25500 et seq. shall include, in that plan, provision for compliance with this chapter, including the prohibitions of non-stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.

erial Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, California Health and Safety Code Section 25500 et seq. shall include, in that plan, provision for compliance with this chapter, including the prohibitions of non-stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

Authority to Inspect. The city shall have the right to perform routine site or area inspections. The inspections shall be based upon such reasonable selection processes as may be deemed necessary by the city to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the public storm sewer system, or similar factors. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the city has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the city shall be permitted to enter such building or premises, without delay. Provided that (1) if such building or premises be occupied, the city shall first request entry; and (2) if such building or premises be unoccupied, the city shall first make a reasonable effort to locate the owner or

other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, the city may seek assistance from any court of competent jurisdiction in obtaining such entry. Inspections may be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special districts, including but not limited to the VSFCD, Solano County Environmental Health, the Solano County Mosquito Abatement District, and the Regional Water Quality Control Board. The city council may by resolution establish a schedule of fees for inspections.

B.

Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property, including within the building(s) on such property, such devices as are necessary to conduct

sampling or metering operations deemed necessary to aid in the pursuit of any inquiry or in the recordation of the activities on any individual site.

C.

Requirement to Test or Monitor. The city has the right to request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the storm drain system, undertake such monitoring activities and/or analyses and furnish such reports as the city may specify. The recipient of such request shall undertake and bear the cost of providing the monitoring, analyses and/or reports requested.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

When any person in charge of a facility or responsible for emergency response for a facility, has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the stormwater system, that person shall immediately take all necessary steps to ensure the discovery and containment and clean-up of such release and shall immediately notify the city of the occurrence by telephone and confirming the notification by correspondence to the director.

B.

Such notification will not relieve dischargers of any liability or for any expense, loss or damage to the public storm drain system, facilities and equipment, resulting from the spill or for any fines imposed on the city under applicable state and federal regulations.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

The violation of any provisions of this chapter, or failure to comply with any of the mandatory requirements of this article shall constitute a misdemeanor, except that notwithstanding any other provisions of this article, any violation constituting a misdemeanor under this chapter may, at the discretion of the officer or city attorney, be charged and prosecuted as an infraction.

B.

Any person required to perform monitoring, analysis, reporting or corrective activity pursuant to this chapter by any officer shall be informed in writing by a notice of violation. Any person aggrieved by the decision of the officer, may file a written appeal of the notice of violation to the director within ten days following the date of the notice of violation. Upon receipt of such request, the director shall request a report and recommendation from the officer and shall set the matter for hearing at the earliest practical date. At said

hearing, all evidence and testimony deemed relevant and admissible by the director shall be considered, and the director may reject, affirm, or modify the officer's decision. Formal rules of evidence shall not apply. The decisions of the director shall be final. Failure to request a hearing or appear at the hearing shall constitute a waiver and failure to exhaust administrative remedies.

C.

In addition to the penalties and procedures provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a nuisance, which may be enforced through the administrative citation provisions of Chapter 1.15. In addition to any other remedies provided in this section, a violation of this chapter may be enforced by civil action by the city to abate, enjoin or otherwise compel the cessation of such nuisance.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code section 36901.

B.

Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code section 36900.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

Every day that any violation of this chapter shall continue shall constitute a separate offense.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

If a violation is not abated within the time limit specified in the notice of violation or, if appealed, in the written decision of the director, the director may abate the violation with city employees and/or by private contract. The director is hereby authorized to enter the subject property to abate the violation. The costs of abatement shall be billed to the property owner pursuant to Section 12.41.160.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

If a violation is abated by the city, the abatement costs, including incidental costs, shall be billed to the property owner and be due and payable within thirty days of the date the billing is mailed to the property owner. The term "incidental costs" shall include, but not be limited to, direct and indirect personnel costs,

attorney fees, costs incurred in documentation of the violation and actual expenses and costs for the preparation of the notice, specifications, and contracts, and for the inspection of the abatement.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

A.

Cumulative Remedies. At its discretion, the city may pursue any and all legal and equitable remedies for the recovery of abatement costs owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total of administrative and abatement charges have been recovered. Any property owner who fails to pay any abatement costs owed to the city shall be liable in any action brought by the city for costs incurred in securing payment of the delinquent amount. The city's collection costs may include, but are not limited to, those for personnel, materials, overhead, attorney's fees and any other city expenditure required to collect unpaid abatement costs.

B.

Liens. The amount of any unpaid abatement costs may be made a lien on the real property on which the violation occurred. The lien shall attach when the director records a lien listing unpaid abatement costs with the county recorder's office. The lien shall specify the amount of the lien, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specific above shall be recorded by the director. The lien may be foreclosed by an action brought to the city for a money judgment.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

12.41.190 - Acts potentially resulting in violation of the Federal Clean Water Act or Porter-Cologne Act.

Any person who violates any provision of this chapter, or the provisions of any permit issued pursuant to this chapter, or who releases a non-stormwater discharge, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the PorterCologne Act and may be subject to the enforcement provisions of those Acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this chapter may also include notice to the violator of such potential liability pursuant to federal or state law.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

12.41.200 - Civil actions.

A.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any and all of the following remedies:

1.

A temporary restraining order, preliminary injunction and permanent injunction;

2.

An action for an unlawful business practice pursuant to Business and Professions Code section 17206;

B.

In addition any person violating this chapter shall be liable for:

1.

Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation;

2.

Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;

3.

Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and implementing or enforcing the provisions of this chapter;

4.

The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan;

5.

The reasonable costs of preparing and bringing administrative action under this chapter.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

The remedies identified in this chapter are in addition to, and do not supersede or limit, any and all other remedies, administrative, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

Any person aggrieved by the decision of the director may seek judicial review of the decision by filing a petition with a court of competent jurisdiction pursuant to Section 1094.5 and 1094.6 of the California Code of Civil Procedure.

(Ord. No. 1704 N.C.(2d), 3-10-2015)

Chapter 12.44 - HISTORICAL BUILDING CODE ADOPTED