Yreka Municipal Code Ch. 12.40 Stormwater Quality Management and Discharge Control Ordinance

This chapter shall be known as the "City of Yreka Stormwater Quality Management and Discharge Control Ordinance."

(Ord. No. 846, § 2, 11-3-2016)

The city of Yreka is a Phase II, Small MS4 permittee under the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges". The purpose and intent of this chapter is to comply with the requirements imposed upon the city in the Phase II Small MS4 permit and to protect and promote the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §1251 et seq.), and the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), so that, to the maximum extent practicable, any discharges shall not cause or contribute to any exceedances of water quality standards contained in the statewide Water Quality Control Plan, the California Toxics Rule, or in the North Coast Region Regional Water Board Basin Plan amended and supplanted, and by prohibiting non-stormwater discharges to the storm drain system, excepting non-significant non-stormwater contributors.

This chapter is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal stormwater system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the storm drain system accountable for their contributions of pollutants and flows.

(Ord. No. 846, § 2, 11-3-2016)

The city council of the city of Yreka, California makes the following findings:

A. The Federal Clean Water Act (33 U.S.C. 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to stormwater and urban runoff discharge into municipal storm drain systems.

B. The city of Yreka is authorized by Article XI, Sections 5 and 7 of the State Constitution and the California Water Code to exercise the police power of the state by adopting regulations to promote public health, public safety and general prosperity by:

1. Minimizing non-stormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system.

2. Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality.

3. Controlling the discharge to the city's stormwater system from spills, dumping or disposal of materials other than stormwater.

4. Reducing stormwater run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.

C. As of 2013, the city of Yreka is subject to the "General Permit for Waste Discharge Requirements for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4), State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ" National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS 000004 as it may be amended from time to time.

(Ord. No. 846, § 2, 11-3-2016)

The terms used in this chapter shall have the following meanings:

"Area of special biological significance" or (ASBS) means any areas designated by the state water board as areas requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable. All areas of special biological significance are also classified as a subset of state water quality protection areas.

"Basin plan" means the applicable sections of the Water Quality Control Plan for the North Coast Region, and its subsequent amendments.

"Best management practices" or (BMPs) means activities, prohibitions, practices, or maintenance procedures that prevent or reduce the discharge of pollutants or discharges directly or indirectly to the storm drain system and waters of the state and/or United States consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbooks or equivalent.

Best management practices include but are not limited to: Treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, and procedures and such other provisions as the city determines appropriate for the elimination of pollutants into Yreka's watershed.

"CASQA" means the California Stormwater Quality Association.

"City" means the city of Yreka, in the county of Siskiyou, California

"Clean Water Act" or (CWA) means the federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC § 1251 et seq., and any subsequent amendments thereto.

"Construction activity" means activities subject to NPDES Construction General Permits. These include construction activity as defined in 40 CFR § 122.26(b)(14)(x) and small construction activity as defined in 40 CFR § 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more.

"Control" means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities.

"Costs of enforcement" or "enforcement costs" means the total cost incurred by the city in connection with a public nuisance including, but not limited to:

A. Any cost incurred in removing or remedying a public nuisance;

B. All costs incurred by the city or imposed by any state, federal or local administrative agency upon the city proximately caused by, or contributed to, as result of any discharge made by a person, including but not limited to city's costs incurred in responding to the administrative agency, staff and attorney's fees together with all fines imposed upon city, penalties imposed upon city, remediation and/or corrective action costs, and other expenses incurred by the city to comply with that administrative agencies orders;

C. The actual expenses and costs of the city in preparation of notice and order, reconsideration, appeal and termination fees for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this code:

1. Notice and order, appeal and termination fees in such amounts as are determined from time to time by resolution of the city council;

2. Notice and order, appeal and termination fees based on services rendered by the city from the time of the initial complaint intake for the purpose of documenting a violation of this code until the violation is corrected;

3. The actual costs of conducting any hearing, including hearing officer and court reporter fees.

4. The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this code or other laws;

5. Specifications and contracts;

6. Any attorney's fees expended by the prevailing party related to the abatement of the nuisance, through inspection warrant, administrative hearing, civil action or otherwise whenever the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees;

7. The fees of any professional rendering services relating to the Inspection, notification, prosecution and abatement procedures authorized by this chapter.

8. The cost of printings and mailings required under this code;

9. All costs or expenses to which the city may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlement;

10. All costs and expenses for which the city may be liable under state or federal law, regulations, or order arising from or related to the nuisance.

D. Any cost incurred by the city in collecting the costs enumerated in subsections A, B and C of this definition.

"Development" means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development), industrial project, commercial project, retail project, and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Director" means the city of Yreka public works director or designee.

"Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

"Discharge of pollutants" means any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone." The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

"Discharger" means the person, corporation, partnership or other entity directly causing or allowing the discharge.

"Environmentally sensitive area" or (ESA) means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code Section 30107.5).

Areas subject to stormwater mitigation requirements are areas designated as significant ecological areas by the county of Siskiyou (Siskiyou County Significant Areas Study, Siskiyou County Department of Regional Planning (1976) and amendments); an area designated as a significant natural area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the basin plan as supporting the rare, threatened, or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.

"Hazardous materials" or "hazardous substances" means without limitation, any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment. It includes any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code. Hazardous substances also include, but are not limited to, those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in any local, state or federal law or regulation.

"Illicit connection" means any human-made conveyance that is connected to the storm drain system without a permit, including roof-drains and other connections intended to remove stormwater from residential properties. Illicit connections include either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water enter the storm drain system, and any connections to the storm drain facilities, whether from pipes, drains, open channels, or other conveyances, and/or from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain facilities which has not been documented in plans, maps, or equivalent records and approved by the city. "Illicit discharge" means any discharge that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations and is:

a. Into the MS4;

b. From the MS4 into a receiving water;

c. Through a natural drainage channel into the MS4 or into a receiving water; or

d. Directly into a receiving water. The term illicit discharge includes any non-stormwater discharge, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the NPDES permit.

"Industrial activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

"Incidental runoff" means the unintended amounts of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use is not considered incidental if it is part of the facility design, if is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

"Infiltration" means the downward entry of water into the surface of the soil.

"Inspection" means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, at reasonable times, any facilities, equipment, practices, or operations for active or potential stormwater discharges, or non-compliance with local ordinances/standards or requirements in this order, as consistent with any applicable state and federal laws to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

1. Pre-inspection documentation research;

2. Request for entry;

3. Interview of facility personnel;

4. Facility walk-through;

5. Visual observation of the condition of facility premises;

6. Visual and mechanical observation of illicit discharges and illicit connections.

7. Examination and copying of records as required;

8. Sample collection (if necessary or required);

9. Exit conference (to discuss preliminary evaluation); and

10. Report preparation, and if appropriate, recommendations for coming into compliance.

"National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued pursuant to section 402 of the Clean Water Act, 33 USC. 1342, and administered by the State of California under the authority of the U.S. Environmental Protection Agency, permitting the discharge of pollutants into navigable waters of the United States.

"MS4" means municipal separate storm sewer system (MS4). The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. Owned or operated by a state, city, county, district, association, or other public body (created by or pursuant to California state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer; and

4. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2. (40 CFR Section 122.26(b)(8)).

"Material" means 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) means the standard for implementation of stormwater management programs to reduce pollutants in stormwater, including management practices, control techniques and system, design and engineering methods. See also municipal NPDES permit.

"Municipal NPDES permit" means the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges pursuant to state Water Resources Control Board Water Quality Order No. 2013-0001-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. Cas000004, which also serves as, a NPDES permit under the Federal Clean Water Act (NPDES No. CAS004001), as well as waste discharge requirements under California law including the statewide Water Quality Control Plan, the California Toxics Rule (the "municipal NPDES permit"), and any successor permit to that permit.

"Natural drainage course" means any creek, ravine, gully, channel, swale or depression or any unofficial ditch, or over which surface water periodically flows in its natural course.

"Non-stormwater discharge" means any discharge: (1) into the MS4; (2) into a natural drainage course; (3) directly to a receiving water; (4) from the MS4 into a receiving water; or (5) into the ASBS and/or ESA, that is not composed entirely of stormwater or is authorized by a separate NPDES permit or exemptions.

"NPDES permit" means any waste discharge requirements issued by the regional board or the state water resources control board as an NPDES permit pursuant to Water Code Section 13370 (other than the municipal NPDES permit).

"Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to, the following:

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

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

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

4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

5. Human wastes such as septic effluent or gray water discharge;

6. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, and stables, and show facilities);

7. Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

8. A pollutant shall also include any increment or increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this chapter in which a stormwater limit had been set as a condition of approval.

The term "pollutant" shall not include uncontaminated stormwater, potable water, reclaimed water, or generated by a lawfully permitted water treatment facility.

"Pollution" means the human-made or human-induced alteration of the quality of waters by pollutant(s) to a degree that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities that serve these beneficial uses (California Water Code §13050).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code §13000 et seq.).

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

"Project" means all development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA (Public Resources Code Section 21065).

"Receiving water" means "water of the United States" into which waste and/or pollutants are or may be discharged.

"Records" means writings as defined by California Evidence Code §250 deemed by the director to be expedient or necessary to assess compliance with federal state and local laws and regulations, including this chapter, the NPDES permit, the municipal NPDES permit and all permits issued to the party being inspected as well as designs and proposals for new development and redevelopment to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post-construction).

"Regional board" means the California Regional Water Quality Control Board-North Coast Region.

"Routine maintenance" includes, but is not limited to, projects conducted to:

1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

3. Work on road shoulders, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Update existing pipelines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

5. Repair leaks.

Routine maintenance does not include construction of new pipelines or facilities resulting from compliance with applicable codes, standards and regulations. New pipelines are those that are not associated with existing facilities and are not part of a project to update or replace existing pipelines.

"Responsible person" means any person who owns, operates, leases, or has control over the day-to-day activities of a premises and any person who facilitates, causes, or permits any discharge. See also "discharger".

"Runoff" means any runoff including stormwater and dry weather flows that leaves the site from which it originates. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

"Storm drain system" means any facilities or any part of those facilities, comprised of stormwater control facilities and any other natural facilities which store control, treat and/or convey storm and surface water. Storm drain system shall include all natural and constructed elements used to convey stormwater from the first point of contact with the surface of the earth to a suitable receiving body of water or location, internal or external, to the boundaries of the city.

Storm drain system means the infrastructure in a municipal separate storm sewer system that collects and conveys stormwater runoff whether publicly or privately owned, and includes but is not limited to: pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities whether public or private. including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city that are not a part of a publicly owned treatment works (POTW) as defined in Title 40, Section 122.2 of the Code of Federal Regulations.

"Storm event" means a rainfall event that produces more than one-tenth inch of precipitation in 24 hours unless specifically stated otherwise.

"Storm water" or "stormwater" means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces, surface runoff and drainage. Without any change in meaning, this term may be spelled or written as one word or two separate words.

"Stormwater Management Plan" or "SWMP" means a plan which shall be required in connection with any new development or redevelopment for the purposes of construction erosion and sediment control, runoff detention to control runoff rate to predevelopment levels, and runoff retention or other treatment measures to prevent dry-weather pollution from entering the storm drain system.

"Stormwater runoff" means that part of precipitation (rainfall or snowmelt), which travels via flow across a surface to the MS4 or receiving waters from impervious, semi-pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases.

"Treatment" means the application of engineered or designed systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

"Urban runoff" means surface water flow produced by nonstormwater resulting from residential, commercial, and industrial activities involving the use of potable or nonpotable water.

"Waters of the United States" means surface watercourses and water bodies as defined at 40 CFR § 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

(Ord. No. 846, § 2, 11-3-2016)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within, or entering the storm drain system of the city of Yreka.

(Ord. No. 846, § 2, 11-3-2016)

The director shall administer, implement and enforce the provisions of this chapter.

(Ord. No. 846, § 2, 11-3-2016)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 846, § 2, 11-3-2016)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. No. 846, § 2, 11-3-2016)

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 that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state and/or waters of the United States caused by said person. This chapter shall not create liability on the part of the city of Yreka, 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.

(Ord. No. 846, § 2, 11-3-2016)

Every person owning property through which a watercourse passes, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, vegetation, and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.

(Ord. No. 846, § 2, 11-3-2016)

A. No person shall discharge or cause to be discharged into the storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

B. Non-Stormwater Discharges. Any non-stormwater discharge is prohibited unless in compliance with a separate NPDES permit or pursuant to a conditional discharge exemption by the regional board, the regional board's executive officer, or the state water resources control board, or special protections by the state water resources control board.

Non-stormwater discharges include, but are not limited to:

1. Wash waters when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

2. Wash water from organized auto washing, professional cleaning services, steam or pressure cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. Runoff from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;

4. Runoff from storage areas of materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts), and uncovered receptacles containing hazardous materials or trash;

5. Swimming pool, spa, decorative fountain, and decorative pond water and filter backwash, including water containing bacteria, detergents, wastes, algaecides or other chemicals. Swimming pool, spa, decorative fountain, and decorative pond water may be used as landscape irrigation only if the following items are met:

(A) The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;

(B) There are sufficient BMPs in place to prevent soil erosion; and

(C) The discharge does not reach into the MS4, natural drainage courses, or receiving water.

6. Runoff from irrigation activities, including runoff caused by over-watering, misdirected sprinklers, broken irrigation fixtures, and watering impervious surfaces;

7. Runoff from washing impervious surfaces in commercial and industrial areas, unless specifically required by state's, or the city's, or Siskiyou County's health and safety codes, or permitted under a separate NPDES permit;

8. Runoff from the washing out of concrete trucks or other construction equipment;

9. Any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation;

10. Disposal of hazardous wastes where such disposal causes or threatens to cause a direct or indirect non-stormwater discharge;

11. Any food or food processing wastes;

12. Any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality;

13. Wash water from cleaning any paved or unpaved areas including Dischargers such as organized car washes, mobile cleaning and pressure wash businesses; and

14. Wash water from restaurants and other commercial facilities, including wash water from cleaning floor mats, filters, garbage cans, and outdoor areas.

C. The following categories of non-stormwater discharges are conditionally exempt from the non-stormwater discharge prohibition in the municipal NPDES permit and shall not be considered a violation of this chapter; provided that they meet all required conditions and BMPs as specified, or as otherwise approved by the regional board when the discharger conducts the activity such that the least amount of non-stormwater as practicable enters the stormwater drain system:

1. Exterior washing of personal motorized vehicles by residents; provided however, that nothing herein is intended to exempt a discharger from liability for wasting water;

2. Flushing of water lines and hydrants, or other discharges from potable water sources if the chlorine concentration is less than 1.0 milligrams per liter measured at the point of entry into the storm drain system;

3. Flows from firefighting;

4. Crawl space and basement sump pumps which are properly permitted;

5. Condensation from air conditioning units;

6. Gravity drainage from groundwater piping systems, including foundation and footing drains, and roof drainage downspouts;

7. Discharges from naturally occurring rising groundwaters, floodwaters, springs and flows from riparian habitats and wetlands.

D. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the municipal NPDES permit or the special protections, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge, including attorney's fees and costs of the proceedings.

E. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the city of Yreka for any discharge to the storm drain system.

F. With written concurrence of the regional water quality control board, the city may exempt in writing other non-stormwater discharges that are not a source of pollutants to the storm drain system nor waters of the United States.

(Ord. No. 846, § 2, 11-3-2016)

A. Prohibition of Illicit Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the storm drain system or MS4, or to commence or continue any illicit discharges. For example, such illicit connections include but are not limited to those that could allow sewage, wastewater, and wash water to enter the storm drain system and connections from indoor drains and sinks, regardless of whether the connection had been previously allowed, permitted, or approved by the city. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated stormwater runoff flows.

B. Littering. No person shall throw, deposit, leave, blow, keep or permit to be thrown, deposited, placed, blown, left or maintained, any refuse, rubbish, trash, garbage, material or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, storm drain, business place, or upon any public or private property in the city so that the same can become a pollutant by entering the MS4. No person shall throw or deposit litter or material in any fountain, pool, lake, stream, irrigation canal, river or any other body of water in a park or elsewhere within the city.

C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4, into a natural drainage course, or directly to a receiving water.

D. Industrial Activities. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a general permit for stormwater associated with industrial activity when required.

(Ord. No. 846, § 2, 11-3-2016)

A. Any person performing construction in the city shall prevent pollutants from entering the MS4 and comply with all applicable federal, state, and local laws, ordinances, rules or regulations, including but not limited to, the general permit for stormwater discharges associated with construction activity.

B. Each industrial activity discharger, construction activity discharger, or other discharger subject to any general or individual stormwater permit issued by the U.S. EPA, the state water resources board, the state water board, or the regional water board shall comply with the requirements of such permit.

C. Every person undertaking any activity or use that may cause or contribute to stormwater pollution or contamination, illicit discharges, or non-stormwater discharges shall comply with BMPs, pollution prevention techniques, and source control requirements, including related to the storage and parking of vehicles, as may be reasonably established by the director.

D. The director may implement, at its discretion, controls as appropriate to minimize the long-term, post-construction discharge of stormwater pollutants from new development(s), or modification(s) to existing development(s). Controls may include source control measures to prevent pollutants from entering stormwater and/or structural and nonstructural treatment controls designed to remove pollutants from stormwater. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

E. To minimize the discharge and transport of pollutants, the director may require, at its discretion, any development project to control the volume, rate, and quality of stormwater runoff from the project site to prevent any deterioration of receiving water quality, which would impair the designated and existing beneficial uses. The director may establish standards and guidelines implementing BMPs designed to control the rate and volume of stormwater runoff from development sites to minimize the discharge and transport of pollutants, including compliance with, at a minimum, the BMPs contained in the California Stormwater Quality Association BMP construction handbooks or equivalent.

F. Proof of compliance with any NPDES permit issued may be required in a form acceptable to the director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

G. Outdoor storage. In outdoor areas, no person shall openly or improperly store grease, oil, petroleum products, hazardous substances, motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, pollutants or other hazardous substances, without an approved spill containment system or approved sand-oil separator. To prevent the discharge of grease, oil, petroleum, or other hazardous substances from the site, the city may require the installation of a spill containment system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system that allows incompatible liquids to mix and thereby create a hazardous condition.

H. Stormwater pollution prevention plan (SWPPP).

1. The director may require, at its discretion, any business in the city engaged in activities that may result in pollutant discharges to develop and implement a SWPPP, which must include an employee-training program.

2. Business activities that may require a SWPPP include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, organized car washes, mobile pressure washing or other businesses where cleanup procedures are carried out partially or wholly outdoors.

I. Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health & Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting unauthorized non-stormwater discharges and illicit discharges, and requiring the release of pollutants to be reduced to meet applicable water quality standards and the best available technology economically achievable.

J. Coordination with hazardous waste generator contingency plan and emergency procedures. Any business requiring a hazardous waste generator contingency plan and/or emergency procedures, pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, or is otherwise required comply with a requirement to prevent runoff and discharges, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting unauthorized non-stormwater discharge and illicit discharges, and requiring the release of pollutants to be reduced to meet applicable water quality standards and the best available technology economically achievable.

(Ord. No. 846, § 2, 11-3-2016)

A. The director may require, at its discretion, formulate and develop a best management practices or stormwater implementation manual for activities, operations, or facilities that may cause or contribute to pollution or contamination of the storm drain system, waters of the United States.

B. The best management practices manual may, at the director's discretion, be revised and updated on a regular basis as needed to address new development, new regulations, or changing circumstances.

C. The best management practices manual and all revisions thereto shall be effective immediately upon adoption

(Ord. No. 846, § 2, 11-3-2016)

A. Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that there exists upon any premises any condition constituting a violation of this chapter, the director may, with consent, enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter.

1. Any 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, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

2. In the event the owner or occupant refuses entry after such request has been made, the director is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B. Photographs. The director may, in the course of inspection, photograph the Premises to memorialize the inspection as it relates to regulation by this chapter or any other local, state, or federal law. Photographs may be taken of any facility, mechanism, apparatus, means or method thought to contribute to or facilitate a suspected violation.

C. Sampling. Inspections shall be based upon such reasonable selection processes as may be deemed necessary 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, illegal discharge, non-stormwater discharge to the MS4, or similar factors.

D. Sampling authority. During any inspection, the director may take samples as necessary in order to implement and enforce the provisions of this chapter. The inspections provided for herein may include but are not limited to:

E. Inspecting efficiency or adequacy of construction or post-construction BMPs;

F. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges;

G. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;

H. Inspection of all records of the owner, contractor, developer or occupant of the site relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary;

I. Identifying points of stormwater discharge from the site whether surface or subsurface and locating any illicit connection or illicit discharge.

J. Monitoring, analysis, and reporting authority.

1. The director may require monitoring, analysis, and reporting of Discharges from any site to the MS4.

2. The burden and all costs of enforcement, including cost of these activities analyses, and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the responsible person for which testing and monitoring has been requested.

3. In the event the owner, occupant, or operator of a site subject to a monitoring and/or analysis order fails to conduct required monitoring and/or analysis and furnish the required reports, the director may, in its discretion, cause a notice of violation to be processed.

K. Providing false information or tampering with monitoring equipment. Knowingly making any false statement or knowingly rendering any monitoring device or method inaccurate may result in punishment under the provisions of this chapter.

(Ord. No. 846, § 2, 11-3-2016)

Notwithstanding the requirements of this chapter, a responsible person for an illicit discharge shall immediately, or upon notice by the director to comply 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 illicit discharges.

(Ord. No. 846, § 2, 11-3-2016)

A. The director may require, at its discretion, by written notice that a Discharger responsible for an illicit connection to the storm drain facilities 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.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible discharger can demonstrate that an illegal discharge will no longer occur, said discharger may request the director's approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible discharger's expense.

(Ord. No. 846, § 2, 11-3-2016)

A. No person shall allow or permit a spill to discharge into the MS4 or any receiving water.

B. All persons in charge of a facility or responsible for emergency response for a facility shall have personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed, or unconfirmed release of material, Pollutants or waste creating a risk of discharge into the city's MS4.

Any person owning or occupying a site, who has knowledge of any discharge of pollutants or non-stormwater discharge from or across those premises that might enter the MS4, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the discharge of pollutants or non-stormwater discharge. In the event of such a release of a hazardous material or pollutant 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 city's public works director in person, by phone or facsimile no later than five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's public works department within three business days of the phone 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 years.

C. The director may, at its discretion, respond to any such notification of suspected, confirmed, or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city's MS4.

D. For the purpose of containment in the event of a spill, all vehicles shall be stored and parked on a surface capable of containing all reasonably expected discharges from vehicles to the satisfaction of the director.

(Ord. No. 846, § 2, 11-3-2016)

Parties responsible for controlling runoff in excess of incidental runoff shall:

1. Detect leaks or discharges and correct the leaks within seventy-two hours;

2. Properly design, maintain, and aim sprinkler heads;

3. Not irrigate during precipitation events; and

(Ord. No. 846, § 2, 11-3-2016)

A. Violations Deemed a Public Nuisance.

1. Any condition caused or permitted to exist in violation of:

a. Any of the provisions of this chapter;

b. Failure to comply with any applicable stormwater requirement of an approved SWMP with respect to a site;

c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or

d. Any failure to properly operate and maintain any structural or treatment control BMP on a site in accordance with an approved SWMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any director, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

e. Any such nuisance may be summarily abated and/or restored by any authorized city personnel.

2. The costs of enforcement shall be borne by the responsible party and the cost thereof shall be invoiced to the owner of the site and a lien for the costs of enforcement shall be placed against the real property of the site, as provided by law or ordinance for the recovery of nuisance abatement costs.

If the invoice is not paid within sixty days, the director shall have the authority to place a lien upon and against the property.

If the lien is not satisfied within three months, the director is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action bought for a money judgment, or by delivery to the county assessor of a special assessment against the property in accordance with California Government Code Section 38773.5.

3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the director may so declare. The failure of any person to take appropriate annual precautions to prevent such violations after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter.

B. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

C. Civil Actions. In addition to any other remedies provided in this section, 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 or all of the following remedies:

1. A temporary and/or permanent injunction;

2. Assessment of the Responsible Person for the Costs of Enforcement;

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation;

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

5. Assessment of penalties under the Government Code §53069.4 and/or Water Code § 13385 and mandatory minimum penalties.

D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the director has the authority to issue a cease and desist order to require remediation of any existing or potential violation of this chapter. When an director finds that a violation of this chapter has taken place or is likely to take place, the officer may issue an order to cease and desist such action and/or cleanup and abate a discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; (3) take timely appropriate cleanup, remedial, abatement or preventive action to prevent the violation from recurring (4) order the cessation of activities until such problems are adequately addressed if a situation persists where pollutant-causing sources or activities are not abated; (5) levy citations or administrative fines Government Code §53069.4 and/or Water Code § 13385 and mandatory minimum penalties; (6) require the responsible party to pay the costs of enforcement; (7) require a new timeframe when all parties agree that cleanup activities cannot be completed within the original timeframe; and (8) impose more substantial civil or criminal sanctions (including referral to a city or district attorney) and escalate corrective response, consistent with its enforcement response plan, for persistent non-compliance, repeat or escalating violations, or incidents of major environmental harm.

E. Violations and Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10. Each day that a violation continues shall constitute a separate offense.

F. Requests for Relief or Reconsideration.

1. Requests for Relief. In any matter that has not been determined by the Director to constitute an emergency, any person or entity unable to comply with the requirements of this chapter, or any person affected by any city decision, action, or determination related to this chapter, may submit to the city a written request for relief setting forth in detail the facts supporting the request. The director shall designate a city officer or employee with managerial authority who will consider the matter without a hearing and decide whether to grant relief where no request to cross-examine witnesses has been made. The director's designee may request additional information. The director's designee may decide the matter within fifteen business days from the receipt of the request, or, if additional information is requested and received within fifteen business days from the receipt of the request, then fifteen business days from the date the city receives all additional requested information. If the director's designee does not decide the matter within the above-stated time period, the request for relief shall be deemed denied on the first day following that time period. Notice of any decision will be mailed to the person or entity requesting relief.

2. Requests for Reconsideration.

a. Within ten days after the date of mailing of written notice of any City decision granting or denying relief under paragraph 1 of this Section, or within ten days after the date the request for relief is deemed denied, any person or entity affected by the requirements, decision, action or determination that was the subject of the request for relief may submit to the director a written request for reconsideration. The request for reconsideration must set forth in detail the facts supporting the request.

b. Upon receipt of such request, the city shall request a report and recommendation from the director 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 city shall be considered, and the city may reject, affirm, or modify the director's decision. Formal rules of evidence shall not apply. The decisions of the city shall be final. Failure to appear at the hearing shall constitute a waiver and failure to exhaust administrative remedies.

c. The city's decision shall become final and binding at the time the city mails its decision.

d. Any person or entity affected by a decision, action or determination related to this chapter who wishes to appeal or challenge the decision, action or determination must request reconsideration using the process specified in this paragraph 2. This requirement is jurisdictional. The failure to seek reconsideration shall be deemed a failure of the person or entity subject to the decision, action or determination to exhaust administrative remedies.

G. Appeal.

1. In any matter deemed an emergency, the decision of the director is final and any appeal may be taken.

2. The decision on any request for reconsideration is final and any appeal may be taken.

3. Within twenty calendar days after mailing, by first class mail, of the final decision. Pursuant to Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the city. Appeal notices shall be sent to: City Manager, 701 Fourth Street, Yreka, California 96097. If no appeal notice is filed within the twenty calendar day period, the final decision shall be deemed confirmed.

H. Emergency orders and abatements.

1. The director may order the immediate abatement of any discharge from any source to the MS4 when, in the opinion of the director, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of this chapter or an NPDES permit.

2. In emergency situations, where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare, or environment, or a violation of this chapter or an NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate the threat or danger.

I. Violations and Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of chapter 1.01.140. Each day that a violation continues shall constitute a separate offense.

J. Permit Revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to permit revocation.

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

(Ord. No. 846, § 2, 11-3-2016)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 846, § 2, 11-3-2016)

A. The degree of protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific, engineering, and other relevant technical considerations.

B. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into waters of the United States.

C. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any damages that result from reliance on the code or any administrative decision lawfully made thereunder.

(Ord. No. 846, § 2, 11-3-2016)