The purpose of this chapter is to:
A. 
Protect the health, safety and general welfare of Town of Yountville residents;
B. 
Protect water resources and to improve water quality;
C. 
Establish local regulations, as mandated by the Federal Water Pollution Control Act (referred to as the Clean Water Act), 33 U.S.C. Section 1251, et seq. (as amended) and the California Water Code, to prohibit certain acts and reduce the adverse effects of non-stormwater discharges into the storm drain system and watercourses;
D. 
Secure benefits from the use of stormwater as a resource; and
E. 
Require certain conduct and the implementation of best management practices by property owners or those in possession of any land within the Town, in order to reduce the discharge of pollutants in stormwater to the maximum extent practicable.
This chapter seeks to promote these purposes by:
A.
Prohibiting illicit discharges to the stormwater conveyance system;
B.
Establishing authority to adopt minimum requirements for stormwater management, including source control requirements, to prevent and reduce pollution;
C.
Establishing authority to adopt requirements for development project site design to reduce stormwater pollution and erosion both during construction and after project is complete;
D.
Establishing authority to adopt requirements for the management of stormwater flows from development projects, both to prevent erosion and to protect and enhance existing water-dependent habitats;
E.
Establishing authority to adopt standards for the use of off-site facilities for stormwater management to supplement on-site practices at new development sites.
(Ord. 318-01; Ord. 15-434)
Any words and phrases used in this chapter and not otherwise defined shall be interpreted as defined in the regulations ascribed by the Federal Clean Water Act Section 402, and Division 7 of the California Water Code, as amended. For the purposes of this chapter, the following words and phrases shall have the meanings as defined below.
"Administrator"
means the Town Manager of the Town and any person(s) designated by the Town Manager to fulfill any of the duties or powers of the Administrator as set forth in this chapter.
"BASMAA post-construction manual"
shall mean the most recent version of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual.
"Best management practices (BMPs)"
means the collection of written activities, practices, policies and procedures prepared and proposed by a responsible party, and then approved by the Administrator, to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the storm drain system which might be generated from any site in the Town on land under the possession or control of that responsible party, or those written standardized activities, practices, policies and procedures for the same purpose, as prepared and approved by the Administrator but without regard to any specific site and kept on file by the Public Works Department for guidance, reference or incorporation by any person not required to prepare an individualized Best Management Practices Manual. In addition to other matters, a Best Management Practices Manual may be required to include a description of:
1. 
Educational efforts;
2. 
Planning of development projects and treatment facilities to capture and remove pollutants from stormwater;
3. 
Operation, monitoring, cleanup and maintenance procedures;
4. 
Discharge notification steps;
5. 
The schedule for construction of needed preventative or protective devices; and
6. 
The prohibition of specific activities, practices, and procedures which could cause a discharge.
"Construction activity"
means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.
"Development"
means any grading, digging, construction, rehabilitation, redevelopment, addition to, or reconstruction of any private structure, or connected with any residential (whether single-family, multi-unit or planned unit development), industrial, commercial, or retail project; or mass grading for any future construction or project, for which either a Town land use approval or any type of Town permit is required.
"Development runoff requirements"
shall mean the provisions in the Phase II Stormwater Permit that contain design standards or performance criteria to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.
"Discharge"
when used without qualification, means the discharge of a pollutant.
"Discharge of a pollutant"
means any addition of any pollutant to waters of the United States or the storm drainage system.
"Discharge permit"
means an authorization, license or equivalent control document issued by the U.S. EPA, the State Water Resources Control Board or the Regional Board, and includes NPDES general and individual permits.
"Discharger"
means any person causing, or failing to take reasonable steps to stop a discharge.
"Erosion and sediment control plan"
means a plan prepared to control erosion and sediment discharges from a construction site that meets those criteria identified in the most recent version of the Napa Countywide Erosion and Sediment Control Plan Model Template.
"EPA"
means the Environmental Protection Agency of the United States of America.
"Illicit connection"
means any device or method, including but not limited to a man-made conveyance or drainage system pipeline, graded channel, conduit, inlet or outlet, or condition of property, whether on the surface or subsurface, through which conveys non-stormwater discharges of any pollutant to the storm drain system. The term "illicit connection" shall not include a connection to the storm drain system that is approved and authorized by the Town.
"Illicit discharge"
means any discharge to the storm drain system receiving water or an upstream flow, which is tributary to the storm drain system, and which is not composed entirely of stormwater, except for discharges pursuant to a discharge permit and discharges that are exempt in accordance with any applicable order of the Regional Board. The term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater. The term illicit discharge does not include discharges that are regulated by an NPDES permit (other than the Phase II Stormwater Permit) and discharges that are identified under Section 13.124.010(H), Exceptions to discharge prohibition.
"Incidental irrigation runoff"
means unintended amounts (volume) of runoff, such as minimal unintentional sprinkler over-spray that escapes the intended landscaped area. If the water runoff is part of the facility design, due to excessive application, due to intentional overflow or application, or due to negligence, then said runoff is not incidental.
"Low impact development (LID)"
means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's predevelopment runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.
"NCSPPP"
is the Napa Countywide Stormwater Pollution Prevention Program.
"National Pollutant Discharge Elimination System (NPDES) permit"
means a permit issued by the U.S. EPA, State Water Resources Control Board, or the Regional Board pursuant to the Clean Water Act (CWA) that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge.
"Operator"
means any person in charge of day-to-day operations of a property addressed in this chapter.
"Person"
means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.
"Phase II stormwater permit"
means the NPDES general stormwater permit applicable to the Town of Yountville, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.
"Pollutant"
means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or discarded equipment, sediment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
"Post-construction measures requirements"
shall mean the provisions in Section E.12 of the Phase II Stormwater Permit that contain design standards or performance criteria to address the postconstruction phase impacts of new projects and redeveloped projects on stormwater quality and quantity. The BASMAA Post-Construction Manual describes projects subject to the post-construction measures.
"Premises"
means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
"Receiving waters"
means all waters that are "Waters of the United States" within the scope of the Federal Clean Water Act or "Waters of the State" within the scope of the California Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean, and groundwater.
"Regional Board"
means the California Regional Water Quality Control Board, San Francisco Bay Region.
"Responsible party"
means the person(s) identified in and responsible for compliance with the provisions of a stormwater pollution prevention plan, stormwater control plan, erosion and sediment control plan, or stormwater quality master plan.
"State general permit"
means a permit issued by the State of California or the Regional Board to regulate a category of point sources. The term "state general permit" includes, but is not limited to, the general permit for stormwater discharges associated with construction activity and the general industrial activities stormwater permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.
"Stormwater" or "storm runoff"
means any surface flow, runoff, or drainage associated with rain storm events or snow melt.
"Storm drain system"
means a conveyance or system of conveyances including streets, gutters, channels, artificial drains, lined diversion structures, wash areas, inlets, outlets or any other flood control or drainage facility, which is owned, operated, maintained or controlled by the Town, the Napa County Flood Control and Water Conservation District (NCFCD), or other public entity, and used for the purpose of collecting, storing, conveying, or disposing of stormwater to waters of the United States, and also means any natural channel, arroyo, or creek which is a tributary to or located in the watercourse.
"Stormwater Control Plan"
shall mean a plan that meets those criteria contained in the most recent version of the BASMAA Post-Construction Manual.
"Stormwater Pollution Prevention Plan"
means the plan prepared by a responsible party as required by the state general permit identifying potential pollutant sources and describing the design, placement and implementation of that responsible party's BMPs to effectively prohibit non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the general permit.
"Stormwater Facilities Operation and Maintenance Plan"
shall mean a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.
"Stormwater management facility"
means any device designated to detain, retain, filter, or infiltrate stormwater.
"Town"
means the Town of Yountville, situated in Napa County, California.
"Urban runoff"
means stormwater runoff from an urbanized area, including streets and adjacent domestic and commercial properties, that carries pollutants of various types into the storm drainage system and receiving waters.
"Watercourse"
means any natural or artificial channel for passage of water within the Town, including the Napa County Flood Control District ("NCFCD") jurisdictional channels.
(Ord. 318-01; Ord. 15-434)