Yuba City Municipal Code Art. 4 Regulations and Requirements

(a) The Director is authorized to designate as subject activities any activities, operations, or facilities identified as sources or potential sources of pollutant discharges to the City storm drain system, natural surface waters, or watercourses. A subject activity may occur at a stationary facility or it may occur as a mobile activity that takes place at various job sites. The City may require the implementation of best management practices (BMPs) for any of such subject activities that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S.

(b) All persons engaged in activities which will or may result in pollutants entering the City storm drain system, natural surface waters, or watercourses shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting City streets. Such persons shall implement BMPs to prevent and/or reduce such pollutants from entering non-stormwater discharges and/or stormwater discharges.

(c) All BMPs shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing and a record shall be kept with dates, the BMP inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. This record shall be made available to the Director upon request.

(d) Whenever the Director finds that a discharge of pollutants is taking place or has occurred that results in or resulted in pollutants entering the City storm drain system or natural surface waters, the Director shall require by written notice to the owner or occupant of the property that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this chapter.

(e) The Director shall by written notice require that persons engaged in subject activities and/or owning or operating designated facilities, which may cause or contribute to stormwater pollution, illicit discharges, and/or non-stormwater discharges into the City storm drain system, natural surface waters, or watercourses, to undertake at said person's expense such monitoring and analyses and furnish such reports to the Director as deemed necessary to determine compliance with this chapter.

(f) The City may establish requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City 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.

(Ord. No. 003-16, § 2, 2-16-2016)

Any person performing any ground disturbing activities shall implement appropriate best management practices (BMPs) consistent with the California Stormwater Quality Association BMPs or equivalent to prevent the discharge of sediment, construction wastes, or pollutants from construction materials, tools, and equipment from entering into the City storm drain system or natural surface waters. These pollutants may include, but are not limited to, soils, construction wastes, or debris, contaminants from construction materials, tools, and equipment.

(a) Authorization to review. The City has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post-construction).

(b) Erosion and sediment control. All construction plans and applications submitted to the City pursuant to any permit application shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.

(c) Erosion and sediment control plan requirements.

(1) When required by the City, a project shall have an erosion and sediment control plan (ESCP) that addresses erosion and sediment control and pollution prevention during the construction phase and final stabilization control measures. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site.

(2) Implementation of an approved ESCP by the applicant shall be a condition precedent to the issuance of a grading permit, building permit, or a construction permit for a project subject to this section. Subsequent changes to the ESCP must be submitted to the City for review and approval.

(3) The Director may issue guidance and requirements specifying the content of ESCPs. The City will provide references to current guidance manuals and BMP information on request.

(4) The City shall collect a fee in accordance with the fee schedule to ensure compliance with the ESCP. The fee schedule would be adopted under a separate resolution.

(5) Financial security may be required to ensure that BMPs operate and are maintained during the construction period. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the City.

(Ord. No. 003-16, § 2, 2-16-2016)

(a) New development and redevelopment projects shall be required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport, and discharge of pollutants.

(b) Post-construction BMPs.

(1) Prior to and/or during construction, the City may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume, and to mimic the pre-development site hydrology. These controls may include limits on impervious area or provisions for detention and retention of runoff on-site.

(2) Permanent structural controls. The City may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by federal, state, or local agencies. Where physical and safety conditions allow, the preferred control measure is to retain drainageways above ground and in as natural a state as possible or other biological methods such as bioretention areas.

(3) The Director may issue design guidelines for post-construction BMPs consistent with the small MS4 general permit and may amend the guidelines from time to time in accordance with state and federal laws.

(4) The City shall incorporate such post-construction design guideline 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. The City shall collect a fee in accordance with the fee schedule to ensure compliance with the post-construction BMPs.

(5) Any permit issued for the construction of a privately-owned post-construction BMP shall be conditioned upon the applicant providing a written acknowledgement of the obligation to maintain the BMP in accordance with the original design capacity and standards. In the event that future improvements negate the need for a privately-owned post-construction BMP, the maintenance obligation may be altered or removed by the Director upon the receipt and review of a document evidencing the removal of such obligation.

(c) Runoff control plan requirements.

(1) For each new development and redevelopment project subject to the development runoff requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the City, every applicant will submit a runoff control plan and shall implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures. Increases in runoff shall be managed in accordance with the development runoff requirements.

(2) Implementation of an approved runoff control plan and submittal of an approved stormwater facilities operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a building permit or a construction permit for a project subject to this section. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the City. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the City.

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

(4) For each new development and redevelopment project subject to the development runoff requirements, or where deemed appropriate by the City, access by the City to stormwater management facilities for inspections, as provided in Section 4-21.74, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.

(Ord. No. 003-16, § 2, 2-16-2016)

Notwithstanding the requirements of this chapter, the Director 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. 003-16, § 2, 2-16-2016)

(a) It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or abatement by the City. This prohibition expressly includes, without limitation, illicit connections made in the past regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(b) The prohibition set forth in subsection (a) above shall apply to illicit connections in existence at the time this chapter becomes effective. Upon the effective date of this chapter, any person who maintains an illicit connection shall have 30 days to disconnect and discontinue use of such connection or secure approval of such connection.

(Ord. No. 003-16, § 2, 2-16-2016)

(a) The Director 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.

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

(c) If any person fails to disconnect an illicit connection upon notification by the Director or enforcement officer, the Director or enforcement officer may direct that such connection be disconnected from the storm drain system. The City may pursue the recovery of costs for such disconnection.

(Ord. No. 003-16, § 2, 2-16-2016)

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for utility and bikeway construction and/or maintenance, flood control, or fire protection, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to unnaturally high rates of erosion.

(Ord. No. 003-16, § 2, 2-16-2016)

It shall be unlawful for any person to allow a spill to discharge into the municipal storm drain system or any watercourse.

(Ord. No. 003-16, § 2, 2-16-2016)

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 stormwater, the municipal storm drain system, any watercourse, or water of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(a) In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). Said person should also notify the Public Works Department immediately. 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.

(b) In the event of a release of nonhazardous materials, said person shall notify the City's Public Works Department, Stormwater Management Program, no later than 5:00 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, Engineering Division, Stormwater Management Program, 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) For any discharge subject to the reporting requirements of the State of California Water Code §§ 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. No. 003-16, § 2, 2-16-2016)

Any person engaged in activities which may result in pollutants entering the municipal storm drain system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-stormwater discharge and/or pollutant discharge.

(a) 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 and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges or connections, and requiring the release of pollutants to be reduced to the maximum extent practicable.

(b) Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, Title 22, sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

(Ord. No. 003-16, § 2, 2-16-2016)