Williams Municipal Code Ch. 13.05 Storm Water and Urban Runoff Pollution Control

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act § 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board - Central Valley, as such permits may be amended from time to time.

Best management practices or BMP's shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants in discharges. BMP's include, but are not limited to, public education and outreach, proper planning of development projects, proper clean-out of catch basins, and proper waste handling and disposal.

Discharge shall mean any release, spill, leak, pump, flow, escape, dumping or disposal into the environment, including waters of the United States, and city's MS4, of any pollutant.

Illicit connection shall mean any device or artifice, excluding roof drains and other similar connections, into the municipal separate storm sewer system, without a permit, through or by which an illicit discharge may be discharged.

Illicit discharge shall mean any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit, discharges which are exempt or conditionally exempt in accordance with any applicable order of the RWQCB-CV, and discharges resulting from firefighting activities. "Illicit discharges" includes, but is not limited to, untreated wash waters from gas stations, auto repair garages and similar automotive repair facilities, untreated wastewaters from mobile auto washing, steam cleaning and mobile carpet cleaning, untreated discharges from area where repairs of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, are undertaken, discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials, untreated runoff from washing of toxic materials from paved or unpaved areas, discharge of untreated runoff from washing impervious surfaces at sites of industrial activity, unless specifically required by state or local health and safety codes, and discharged from washing out of concrete trucks, discharged to the MS4.

Municipal separate storm sewer system or "MS4" shall mean a conveyance or system of conveyances, including municipal streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities owned, operated, maintained or controlled by city and used for the purpose of collecting, storing, transporting or disposing of storm water.

Non-storm water discharge shall mean any discharge to a municipal storm sewer system that is not composed of storm water. "See "Illicit discharge" above.

NPDES shall mean "National Pollutant Discharge Elimination System" established by § 402 of the Clean Water Act, 33 U.S.C. § 1342, as it, from time to time, may be amended.

Pollutant shall mean a "pollutant" as defined in § 502(6) of the Clean Water Act, 33 U.S.C. 1362(6) or incorporated into California Water Code § 13373, discharged into water, but shall not mean uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility, or any substance, the discharge of which into the MS4, through best management practices, has been reduced to the maximum extent practicable. Subject to the foregoing, "pollutant" also includes but is not limited to, untreated wash waters from gas stations, auto repair garages and similar automotive repair facilities, untreated wastewaters from mobile auto washing, steam cleaning and mobile carpet cleaning, discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken, discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials, commercial/municipal swimming pool filter backwash, untreated runoff from the washing of toxic materials from paved or unpaved areas, discharge of untreated runoff from washing impervious surfaces at sites of industrial activity, unless specifically required by state or local health and safety codes, discharge from washing out of concrete trucks, or solid waste, discharged to the MS4.

Solid waste shall have the meaning ascribed by Public Resources Code § 40191, as it, from time to time, may be amended.

Storm water shall mean storm water runoff, snow melt runoff, and surface runoff and drainage.

(Ord. No. 191-12, § 1, 3-21-2012)

No person shall cause any illicit discharge to enter the MS4 unless such discharge: (1) consists of non-storm water that is authorized by an NPDES permit; or (2) is associated with firefighting activities; or (3) is a discharge which is exempt or conditionally exempt in accordance with an applicable order of the California Regional Water Quality Control Board.

(Ord. No. 191-12, § 1, 3-21-2012)

No person shall use or suffer any illicit connection to convey an illicit discharge from premises of which that person is an owner or is in day-to-day charge to the MS4.

(Ord. No. 191-12, § 1, 3-21-2012)

A. It shall be a violation of this chapter for any person or entity required under federal or state law to have an NPDES storm water permit for a facility or activity in the city to operate such a facility or activity in the city which discharges to the city's MS4 without a NPDES storm water permit.

B. Any person or entity in the city required to have a NPDES storm water permit for a facility or activity in the city which discharges to the city's MS4 shall retain at such facility or activity the following documents which evidence compliance with permit requirements: (i) a copy of the notice of intent to comply with the state permit to discharge storm water associated with industrial activity where appropriate; (ii) a waste discharge identification number issued by the SWRCB where appropriate; (iii) a storm water pollution prevention plan (iv) any storm water quality data; and (v) a plan containing urban runoff mitigation features where appropriate.

C. Any person or entity in the city required to have a NPDES storm water permit for a facility or activity in the city which discharges to the city's MS4, upon request from a duly authorized officer of the city, shall make available to the city all of the documents described in subsection B of this section, during any city storm water-related educational program and to demonstrate compliance with such NPDES storm water permit, including but not limited to the adequacy of and compliance with any SWPPP required thereunder.

(Ord. No. 191-12, § 1, 3-21-2012)

A. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment any solid waste or liquid waste, including any pollutant, in or upon any part of the MS4, or upon any public or private premises in the city, or to cause, suffer, or permit any solid waste or liquid waste or other pollutant to come to be located upon, in, on or under any premises in the city, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility or publicly owned or privately owned treatment works.

B. No person shall dispose of leaves, dirt or other landscape debris into any part of the MS4.

C. No person shall dispose of any pesticide, fungicide, or herbicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulations, or it successor, into any part of the MS4.

D. No person shall dispose of any hazardous substance of hazardous material into any civic litter container.

(Ord. No. 191-12, § 1, 3-21-2012)

The owner, occupant or other person in charge of day-to-day operation of each premise within the city shall implement best management practices or use good housekeeping practices, as applicable, as follows:

(a) For premises with parking lots with more than twenty-five parking spaces exposed to storm water which parking lots are associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Code, the owner, occupant or other person in charge of day-to-day operations shall use BMPs or other steps to prevent discharge of maintenance or repair related pollutants to the MS4.

(b) For premises where machinery or other equipment which is repaired or maintained at facilities or activities associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Code, the owner, occupant or other person in charge of the day-to-day operations shall use BMPs or other steps to prevent discharge of maintenance or repair related pollutants to the MS4.

(c) For other premises exposed to storm water, the owner, occupant or other person in charge of day-to-day operations shall use BMPs, if they exist, or other steps to reduce the discharge of pollutants to the maximum extent practicable, including the removal and lawful disposal of any solid waste or any other substance which, if it were to be discharged to the MS4, would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal wastes, from any part of the premises exposed to storm water.

(Ord. No. 191-12, § 1, 3-21-2012)

A. On or after January 1, 2011, each person applying to the city for a grading permit for projects with disturbed areas of five or more acres must submit satisfactory proof to city: (i) that a notice of intent (NOI) to comply with a state construction activity storm water permit has been filed; and (ii) that a storm water pollution prevention plan has been prepared before the city shall issue any grading or building permit on the construction project.

B. On an after the effective dates of development construction guidance adoption by the regional water quality control board pursuant to an effective NPDES storm water permit, as adopted by the city, applicants for approval of projects to which the development construction guidance applies shall prepare and submit to city, and implement appropriate wet weather erosion control and storm water pollution prevention plans which include all applicable BMPs.

(Ord. No. 191-12, § 1, 3-21-2012)

Violation of any provision of this chapter, any storm water pollution prevention plan or any permit issued pursuant to this chapter shall be a misdemeanor.

(Ord. No. 191-12, § 1, 3-21-2012)

The director of public works, or the director's designee, may issue notices of violation and administrative orders to achieve compliance with the provisions of this chapter, any approved storm water pollution prevention plan or any permit issued pursuant to this chapter. Failure to comply with the terms and conditions of such notice of violation or an administrative order shall constitute a violation of this chapter.

(Ord. No. 191-12, § 1, 3-21-2012)

The violation of any provision of this chapter is hereby declared to be a nuisance, and may be abated by the city in accordance with its authority to abate nuisances.

(Ord. No. 191-12, § 1, 3-21-2012)

The remedies listed in this chapter are not exclusive of any other remedies available to the city under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.

(Ord. No. 191-12, § 1, 3-21-2012)

Whenever necessary to make an inspection to enforce any provisions of this chapter, the enforcement officer for the city may enter any property in the city regulated by this chapter in a manner authorized by state law.

(Ord. No. 191-12, § 1, 3-21-2012)

The city council may establish fees for the services provided under this chapter and such fees shall be fixed and established from time to time by the city council by resolution.

(Ord. No. 191-12, § 1, 3-21-2012)