Yuba City Municipal Code Art. 1 General Provisions

This chapter shall be known as the "Stormwater Quality Management and Discharge Control Ordinance" of the City of Yuba City and may be so cited.

(Ord. No. 003-16, § 2, 2-16-2016)

The City Council adopts this chapter based upon 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 (NPDES) requirements to stormwater and urban runoff discharge into the City storm drain system.

(b) The State Water Resources Control Board ("State Board") is the State water pollution control agency for all purposes of the Clean Water Act pursuant to California Water Code § 13160 of the California Water Code. The State Board is authorized by the United States Environmental Protection Agency (USEPA) to administer the NPDES program within the State. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) provides authority for the State NPDES program, including provisions to issue NPDES permits and waste discharge requirements to regulate discharges of stormwater to waters of the State.

(c) Due to amendments to the Clean Water Act, the USEPA developed a phase I and a phase II program requiring municipalities to develop and implement stormwater pollution management programs. Smaller municipalities and contiguous areas with small, but still urban, communities come under the phase II regulations of the State Board's General Permit for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (hereafter called the "small MS4 general permit" where "MS4" stands for "municipal separate storm sewer system"). Yuba City is subject to the phase II regulations, which requires the submittal of a notice of intent (NOI) to seek coverage under the "small MS4 general permit."

(d) The Council finds in this regard that the provisions of this chapter are necessary to provide the City with the legal authority necessary to implement and otherwise comply with the requirements of the small MS4 general permit and to protect the waters of the United States for the benefit of its people and the environment.

(Ord. No. 003-16, § 2, 2-16-2016)

The purpose and intent of this chapter is to protect and enhance the water quality of watercourses and water bodies within the incorporated areas of the City in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, the small MS4 general permit, and the City Stormwater Management Program, by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges from entering the storm drain system.

(Ord. No. 003-16, § 2, 2-16-2016)

This chapter shall apply to all urbanized areas covered under the small MS4 general permit.

(Ord. No. 003-16, § 2, 2-16-2016)

The Department of Public Works Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons or entities acting in the beneficial interest of or in the employ of the City. In administering this chapter, the Director has the authority to request and require the submittal of information deemed necessary to assess compliance with this chapter and the small MS4 general permit.

(Ord. No. 003-16, § 2, 2-16-2016)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, 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. 003-16, § 2, 2-16-2016)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act, the Porter-Cologne Act, the small MS4 general permit, and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. No. 003-16, § 2, 2-16-2016)

In the event of any conflict between this chapter and any Federal or State law, regulation, order, or permit, that requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. No. 003-16, § 2, 2-16-2016)

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 United States caused by said person. This chapter shall not create liability on the part of the City of Yuba City or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 003-16, § 2, 2-16-2016)

Any discharge which would result in or contribute to a violation of the City's small MS4 general permit, either separately, considered or when combined 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 against any claim, expense, liability, or payment for injury or damage to any person or property and shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement or any legal action resulting from such discharge.

(Ord. No. 003-16, § 2, 2-16-2016)