Windsor Municipal Code Art. 3 Regulations and Requirements

a. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board shall provide the notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such dischargers.

b. The Public Works Director or designee may require any business in the Town that is engaged in activities that may result in prohibited discharges to develop and implement a storm water pollution prevention plan. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

c. By resolution, the Town Council may adopt requirements identifying appropriate BMPs to control the volume, rate, and/or potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The Town shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter. Technical design exceptions to BMPs as set forth in this paragraph (c) shall be subject to review and approval of the Town Engineer.

d. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm drain systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.

e. Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.

f. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the Town in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property 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 or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2010-261, § 1, 5-5-2010; Ord. No. 2016-303, § 2, 12-7-2016)

a. Grading Restrictions.

1. No grading shall occur between October 1 and April 30 for construction projects on hillsides with slopes ten (10%) percent or steeper unless the project is granted an exception by the Town Engineer in accordance with this chapter.

2. If grading on hillsides with slopes ten (10%) percent or steeper is not completed before October 1 and no exception is granted, grading shall be halted until May 1 and effective erosion control measures shall be put in place to control erosion.

b. Exception to Grading Restrictions. The Town Engineer may grant an exception to the grading restrictions if the applicant can demonstrate, to the satisfaction of the Town Engineer, through plan review, inspections, monitoring and the use of effective Best Management Practices (BMPs) that the following goals will be met:

1. The storm water discharge from the construction site will not cause or contribute to the degradation of water quality or impair beneficial uses.

2. The storm event daily average turbidity of the storm water discharge from the site will not exceed fifty (50) NTU; and the field pH of the storm water discharge from the site is between six point five (6.5) and eight point five (8.5).

3. If an exception to the grading restrictions is granted by the Town Engineer, the applicant must conduct a monitoring program to demonstrate BMP effectiveness and compliance with the above goals.

4. If the results of the monitoring program indicate that one (1) or more of the above goals are not being satisfied, grading activities shall cease and the applicant shall improve BMPs. Grading may not resume until the applicant demonstrates to the satisfaction of the Town Engineer that the improved BMPs are effective at meeting the above goals.

(Ord. No. 2016-303, § 4, 12-7-2016)

a. All projects that cause land disturbance of less than one (1) acre shall prepare an erosion and sediment control plan to be submitted to the Town Engineer for written approval. The plan shall contain the information set forth below and shall implement an effective combination of the following erosion and sediment control BMPs, or equivalent, to prevent erosion and sediment loss and the discharge of construction wastes from the construction site:

1. Erosion and sediment controls such as scheduling, preservation of existing vegetation, silt fencing, fiber rolls, sand bag barriers, gravel bag berms and stabilized construction site entrance/exit.

2. Non-storm water management controls such as water conservation practices and dewatering operations for prevention of discharges to local storm drains and surface waters.

3. Waste management controls such as material delivery and storage, stockpile management, spill prevention and control, solid waste management, concrete waste management and sanitary/septic waste management.

b. Erosion and sediment control BMPs shall be selected and installed in accordance with BMP handbooks such as those published by the California Storm Water Quality Association, the California Regional Water Quality Control Boards, the State Water Resources Control Board, the California Department of Transportation, or equivalent.

(Ord. No. 2016-303, § 4, 12-7-2016)

a. All projects that cause land disturbance of one (1) acre or more shall comply with the following requirements:

1. An erosion and sediment control plan shall be prepared and submitted to the Town Engineer for written approval. The plan shall be developed and certified by a Qualified SWPPP Developer (QSD).

2. A Storm Water Pollution Prevention Plan (SWPPP) must be developed in accordance with the state general construction storm water permit. The SWPPP may be substituted for the erosion and sediment control plan, if approved by the Town Engineer.

3. Coverage under all applicable permits shall be obtained, including but not limited to, the state general construction storm water permit and 401 Water Quality Certifications.

4. An effective combination of BMPs addressing erosion and sediment control, non-storm water management, and waste management shall be selected and installed to prevent erosion, sediment loss, and the discharge of construction waste in accordance with BMP handbooks, such as those published by the California Stormwater Quality Association, Regional Water Quality Control Board, or equivalent. BMPs to be implemented may include, but are not limited to, the following:

(a) Erosion controls such as scheduling, preservation of existing vegetation, hydraulic mulch, hydroseeding, soil binders, straw mulch, geotextiles and mats, and mulching.

(b) Sediment controls such as fiber rolls, gravel bag berms, street sweeping and/or vacuum, storm drain inlet protection, sediment basins, check dams, silt fences, and sand bag barriers.

(c) Sediment tracking controls such as stabilized construction entrance/exit and entrance/exit tire wash.

(d) Non-storm water management controls such as water conservation practices, dewatering operations, vehicle and equipment washing, vehicle and equipment fueling, and vehicle and equipment maintenance.

(e) Waste management controls such as material delivery and storage, stockpile management, solid waste management, spill prevention and control, concrete waste management, and sanitary/septic waste management.

b. An erosion and sediment control plan shall contain the following information:

1. Appropriate construction site BMPs;

2. The specific locations where BMPs will be installed;

3. A maintenance schedule; and

4. The rationale for selecting the BMPs, including soil loss calculations if necessary.

(Ord. No. 2016-303, § 4, 12-7-2016)

The Public Works Director or designee may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

The Public Works Director or designee may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

Whenever a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or waters of the United States, the Public Works Director or designee may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

The Public Works Director or designee may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the United States, undertake at said person's expense such monitoring and analyses and furnish such reports to the Town as deemed necessary to determine compliance with this chapter.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the Town's Public Works Department. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town's Public Works Department within three (3) business days of the initial notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.

(Ord. No. 2008-249 § 3 (part))