Victorville Municipal Code Art. I General Provisions

This chapter is enacted pursuant to the direction set forth in the State of California's Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (Water Quality Order No. 2013-0001-DWQ) and NPDES General Permit No. CAS000004 (the "Municipal NPDES Permit") issued by the California State Water Resources Control Board ("SWRCB"), pursuant to Section 402 of the Federal Clean Water Act ("CWA") and the Porter-Cologne Water Quality Control Act, ("Porter-Cologne Act"), California Water Code § 13000 et seq.

(Ord. No. 2343, § 2, 10-20-15)

(a) This chapter shall be known as the City of Victorville "Storm Water and Urban Runoff Management and Discharge Control Ordinance," and may be cited as such.

(b) The purpose of this chapter is to ensure the health, safety and welfare of the residents of the city and to protect and enhance the water quality of receiving waters in a manner pursuant to and consistent with the CWA, the Porter-Cologne Act and the municipal NPDES permit by reducing pollutants in storm water discharges and by limiting non-storm discharges into the MS4 to the maximum extent practicable.

(c) This chapter is also intended to confirm and consolidate the city's legal authority necessary to control discharges to and from the city's municipal separate storm sewer system ("MS4") as required by the municipal NPDES permit.

(d) This chapter is further enacted to ensure the health, safety and general welfare of the residents of the city by prescribing reasonable regulations to effectively control non-storm water discharges containing pollutants into the city's MS4 to the maximum extent practicable, and to establish legal authority to implement and enforce storm water management requirements, and carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.

(Ord. No. 2343, § 2, 10-20-15)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by the subdivisions of this section. Words used in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neuter. Any term(s) defined in the CWA and the Porter-Cologne Act and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency ("EPA"), as amended, and/or defined in the municipal NPDES permit, and which are not specifically defined in this section or elsewhere in this chapter shall, have the same meaning as set forth in said act or regulation.

"Authorized enforcement officer" means any city code enforcement officer, the building official, a public works inspector, or such other persons authorized by the city manager to enforce the provisions of this chapter.

"Basin plan" means the Water Quality Control Plan for the Lahontan Region.

"Best management practice" or "BMP" means any schedule of activities, prohibitions of practices, maintenance procedures, and other management practices or guidelines as adopted by any federal, state, regional or local agency to prevent or reduce the discharge of pollutants directly or indirectly to the city's MS4 and surface or groundwaters. BMPs include, but are not limited to: treatment requirements; operating and maintenance practices to control runoff, sludge, waste disposal, spillage or leaks of non-storm water and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and other such provisions as the city determines appropriate for the control of pollutants. Examples of BMPs may include: public education and outreach; proper planning of development projects; proper cleaning of catch basin inlets; proper sludge or waste handling and disposal; treatment requirements; operating procedures; and practices to control site runoff, spillage or leaks, sludge or waste storage and disposal or drainage from raw material or chemical storage.

"CASQA" means the California Stormwater Quality Association.

"City engineer" means the City Engineer of the City of Victorville, or his/her designee.

"City" means the City of Victorville, California.

"Clean Water Act" or "CWA" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 U.S.C. 1251, et seq.)

"City manager" means the City Manager of the City of Victorville or his/her designee.

"Construction activity" means any activity used in the process of developing, redeveloping, enhancing or maintaining land that involves soil disturbing activities; including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.

"Construction general permit" or "CGP" means the current version of the NPDES Permit for Storm water discharges from construction activity issued by the SWRCB regulating storm water discharges associated with construction projects over one acre, or smaller sites that are part of a larger common plan of development or sale.

"Discharge" means the release or placement, either directly or indirectly, of any substance into the city's MS4, including, but not limited to, storm water, non-storm water, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance.

"Discharger" means any person engaged in any activities or operations on any premises, or owning or having control over the day to day operations of facilities or premises which may result in the release or placement, either directly or indirectly, of any substance into the city's MS4, including, but not limited to, storm water, non-storm water, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance. Dischargers include, but are not limited to: real property owners; occupants, tenants and lessees of real property; contractors and developers; industrial, commercial and other business facility owners, and the agents, managers or employees of any of the foregoing.

"Hazardous material" or "hazardous substance" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous materials include, but are not limited to, those specified in Division 20, Chapter 6.5 of the California Health and Safety Code; 40 CFR Part 116; or 40 CFR Part 302.

"Hydromodification" means modification of hydrologic pathways (precipitation, surface runoff, infiltration, groundwater flow, return flow, surface-water storage, groundwater storage, evaporation and transpiration) that results in negative impacts to watershed health and functions.

"Illegal connection" means either of the following:

(1) Any drain, pipe, open channel or other conveyance, whether on the surface or subsurface, which allows, or has the potential to allow, an illicit discharge to enter the MS4, including, but not limited to, any connections to the MS4 from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by a government agency; or

(2) Any drain or conveyance connected to the MS4 that is not permitted pursuant to a valid NPDES permit or which has not been documented in plans, maps or equivalent records approved by the city.

"Illicit discharge" means any of the following:

(1) Any direct or indirect non-storm water discharges to the MS4 that are not composed entirely of storm water, except as exempted in section 10.30.100 of this chapter;

(2) Any direct discharge to the MS4 from an illegal connection; or

(3) Any direct or indirect discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations, including but not limited to, those discharges prohibited by the discharge prohibitions section of the municipal NPDES permit.

"Impervious surface" means a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways.

"Incidental runoff" means unintended amounts (volume) of runoff, such as unintentional, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental runoff if it is: (1) part of a facility's design; (2) due to intentional overflow or application; or (3) due to negligence.

"Industrial general permit" or "IGP" means the current version of the NPDES Permit for Storm water discharges from industrial activities issued by the SWRCB regulating storm water discharges associated with industrial activities listed in 40 CFR Section 122.26(b)(14).

"Low impact development" or "LID" means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's predevelopment runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

"Maximum extent practicable" or "MEP" is a standard for implementation of best management practices, control techniques and system, design and engineering methods to reduce pollutants in storm water as required by Section 402(p)(3)(B)(ii) of the CWA. The MEP standard is an ever-evolving, flexible, and advancing concept, which is interpreted as the maximum extent possible, taking into account equitable consideration and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.

"Municipal NPDES permit" means the NPDES general permit for waste discharge requirements for storm water discharges from small municipal separate storm sewer systems applicable to the City of Victorville (Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004), and any subsequent amendment, reissuance or successor to the municipal NPDES permit.

"Municipal separate storm sewer system"; "MS4" or "city's MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels or storm drains) which is: (1) owned or operated by the city; (2) designated or used for collecting of conveying storm water; (3) not a combined sewer; and (4) not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.12.

"New development" means all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, on an area/land that has not previously been developed and for which a city discretionary land use permit or approval is required.

"NPDES permit" means a National Pollutant Discharge Elimination System ("NPDES") Permit issued pursuant to the CWA by the EPA, the SWRCB or a RWQCB.

"Non-storm water discharge" means any discharge to the city's MS4 that is not composed entirely of storm water.

"Notice of intent" or "NOI" means the application form persons must complete and submit to the SWRCB to obtain coverage under one of the NPDES permits prior to the start of certain construction, industrial discharge and other covered activities.

"Owner" means the person with the right of possession of a parcel of real property, or the structure or facility on such real property. Owner also means and includes any part owner, joint tenant, tenant, tenant in common, or joint tenant of the whole or a part thereof.

"Person" means any individual as well as any partnership, committee, business entity, association, corporation, public agency, joint venture, and any other organization, entity or group of persons, public or private, or the agent, employee or representative of any of the above.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; 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, concrete rinsates, lime, and asphalt); pollutants as defined in Section 1362(6) of the CWA; and noxious or offensive matter of any kind.

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act, California Water Code section 13000, et seq.

"Preliminary Hydrology Study" means a document submitted to the city by an applicant seeking a permit for a new development, redevelopment or regulated project prior to obtaining planning commission or zoning administrator approval. A Preliminary Hydrology Study will demonstrate the concepts of how a site will route the drainage in compliance with the provisions of this Code and the municipal NPDES permit, and will include the site master plan hydrology, existing hydrology and proposed hydrology.

"Premises" means any building, lot, parcel or land, or portion thereof, whether improved or unimproved, including adjacent sidewalks and parking strips.

"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 San Bernardino County that are identified by the regional board in a basin plan. A receiving water may or may not be properly defined as a Water of the United States.

"Redevelopment" means any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred and for which a city discretionary land use permit or approval is required. Redevelopment does not include trenching, excavation and resurfacing associated with linear underground projects ("LUPs"); 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, non-contiguous sections of roadway.

"Regional board" or "RWQCB" means the California Regional Water Quality Control Board—Lahontan Region.

"State board" or "SWRCB" means the California State Water Resources Control Board.

"Storm water pollution prevention plan" or "SWPPP" means a pollution control plan documenting stormwater and non-stormwater BMPs required under 40 CFR Part 122, the CWA, the CGP and IGP.

"Source control BMP" means non-structural activities, practices, and procedures that are designed to prevent urban runoff pollution.

"Storm water" or "stormwater" means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation. Storm water runoff is generated when precipitation flows over land or impervious surfaces and does not percolate into the ground. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

"Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution, including treatment control BMPs.

"Treatment control BMP" shall mean any engineered system designed to remove pollutants by gravity of particulate pollutants, filtration, biological uptake, media adsorption or any physical, biological or chemical process.

"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 non-potable water.

"Water quality management plan" or "WQMP" means the document required by the city for all new development and redevelopment projects and regulated projects as defined in the provisions of Section E.12 of the municipal NPDES permit which demonstrates that a project site is in compliance with the post-construction requirements set forth in the municipal NPDES permit. A WQMP will specify appropriate measures for site design, source control, runoff reduction, storm water treatment, baseline Hydromodification management and LIDs required for such projects.

(Ord. No. 2343, § 2, 10-20-15)

(a) Except as otherwise provided in this chapter, the city manager shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city manager may be delegated to persons authorized by the city manager, including but not limited to, the city engineer, the building official and authorized enforcement officers. The city manager is hereby authorized to establish any rules and regulations necessary for the administration and enforcement of this chapter, which rules and regulations shall become effective following their adoption or ratification by resolution of the city council.

(b) Upon recommendation of the city manager, the city council may adopt by resolution additional, revised or new BMP manuals or other guidance documents to supplement or replace those specified in this chapter as may be necessary to ensure compliance with the municipal NPDES permit. Such additional revised or new BMP manuals or guidance documents will be effective following the adoption of such resolution.

(c) This chapter applies to all dischargers and places of discharge located within the city that discharge storm water or non-storm water into the MS4 or receiving waters.

(Ord. No. 2343, § 2, 10-20-15)

In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the 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. No. 2343, § 2, 10-20-15)

This chapter shall be construed to assure consistency with the requirements of the CWA and the Porter-Cologne Act, as they now exist or may hereafter be amended, any permit issued under these acts, and any applicable regulations.

(Ord. No. 2343, § 2, 10-20-15)

Unless otherwise provided in this chapter, any notice required hereunder shall be in writing and served in person, or by first class, registered or certified mail. Notice by mail shall be deemed to have been given at the time of deposit, postage, or prepaid, in a facility regularly serviced by the United States Postal Service.

(Ord. No. 2343, § 2, 10-20-15)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into receiving waters. This chapter shall not create liability on the part of the city, 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 under this chapter.

(Ord. No. 2343, § 2, 10-20-15)