Any person performing construction activities in the Town shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering the storm drains or watercourse.
A. 
Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The agency will provide references to current guidance manuals and BMP information on request.
B. 
Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
C. 
When any work is being done contrary to the provisions of this chapter, the Administrator may order the work stopped by serving written notice on any persons engaged in doing or causing the work to be done. Such work shall stop until the Administrator authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the Town Municipal Code.
D. 
The Town 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).
E. 
All construction plans and applications for construction activity submitted to the Town shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.
F. 
An Erosion and Sediment Control Plan (ESCP) shall be required for:
1. 
Any project subject to a grading permit under Chapter 15.02;
2. 
Any project subject to another Town permit that has the potential for significant erosion, or significant non-stormwater discharges of sediment, or construction site waste, including:
a. 
Projects within 50 feet of the storm drain system, or
b. 
Projects disturbing 10,000 square feet (sf) of soil or more, or
c. 
Projects installing new storm drains that discharge to the storm drain system or watercourse, or
d. 
Projects on slopes of five percent or more;
3. 
Any other project as required by the Administrator considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a watercourse, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.
G. 
The ESCP shall be submitted for review and approval by the Administrator. The project applicant shall follow the most recent version of the Napa Countywide Erosion and Sediment Control Plan Model Template to prepare the ESCP. At a minimum, the ESCP shall include:
1. 
Description of the proposed project and soil disturbing activity.
2. 
Site specific construction-phase BMPs.
3. 
Rationale for selecting the BMPs, including if needed, soil loss calculations.
4. 
List of applicable permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).
5. 
Proof that the applicant has obtained the applicable permits associated with the soil disturbing activity must be submitted prior to approval of the ESCP.
6. 
Project information as required by the ESCP applicant checklist provided in the NCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package:
a. 
Owner and contractor contact information;
b. 
Site information (location, status, size of project, size of disturbed area);
c. 
Project watershed;
d. 
Planned start date and anticipated completion date (as may be revised from time to time).
7. 
For projects subject to the State's General Construction Activity Stormwater Permit (CGP), project applicants may submit a Stormwater Pollution Prevention Plan (SWPPP) developed pursuant to the CGP in lieu of submitting an ESCP.
8. 
Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the Town for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the Town for review and approval.
(Ord. 318-01; Ord. 15-434)
A. 
Prior to or during construction, the Administrator 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.
B. 
The Administrator may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project's added or replaced impervious surfaces. The selection and design of such controls shall be in accordance with criteria established or recommended by federal, state, local agencies, and where required, the BASMAA Post-Construction Manual. 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.
C. 
Stormwater Control Plan Requirements.
1. 
For each new development and redevelopment project subject to the post-construction measures requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall submit a Stormwater Control Plan (SCP) that meets the criteria in the most recent version of the BASMAA Post-Construction Manual, 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 post-construction requirements.
2. 
The SCP is separate and distinct from the ESCP requirements described in Section 13.128.010.
3. 
Where projects are required to have a SCP, project applicants shall follow the appropriate SCP template, based on the project type, in the BASMAA Post-Construction Manual.
4. 
Implementation of an approved SCP 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.
5. 
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 agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
6. 
All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post-Construction Manual.
7. 
All stormwater management facilities shall be maintained according to the BASMAA Post-Construction Manual and 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 facilities at least annually. The Stormwater Facilities Operation and Maintenance Plan shall describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with this chapter or the Plan, the Town may perform the maintenance and recover its costs from the responsible person as provided in Section 13.136.010.
8. 
For each new development and redevelopment project subject to the post-construction measures requirements, or where deemed appropriate by the Town, the property owner shall provide the Town with access to stormwater management facilities for inspections, as provided in Section 13.132.010. Access may be granted through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements.
9. 
All project proponents and their successors, or successors in fee title, in control of a new development and redevelopment project subject to the post-construction measures requirements, shall submit at least one of the following as a condition prior to final inspection and approval of building permit closure:
a. 
The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity;
b. 
Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity;
c. 
Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; or
d. 
Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the permittee.
(Ord. 15-434)
A. 
Any person engaged in any land use, activities or operations, or owning facilities or property, which may result in pollutants entering the storm drain system, as determined by the Administrator, shall prepare, be subject to or obtain a BMPs manual and then implement those BMPs to the maximum extent practicable to prevent or reduce such discharge of pollutants to the Town's storm drain system or watercourses.
B. 
The Administrator may adopt requirements identifying appropriate terms, obligations and minimum content of a BMPs manual for any land use, activity, business, operation, or facility which may cause or contribute the discharge of a pollutant to, or contamination of, the storm drain system. If relevant, certain BMPs have been prepared and promulgated by the Town or any Federal, State, or regional agency for certain activities, operations, or facilities, which could cause the discharge of pollutants to the Town's storm drain system or watercourses, and every person undertaking such a designated activity or operation, or owning or operating such facility shall comply with such BMPs.
C. 
Any person engaged in activities which will, or may result in, pollutants entering the storm drains, shall undertake all practicable measures to cease such activities, or eliminate or reduce such pollutants.
D. 
Except for pollutants lawfully disposed of by way of containers or at lawfully established dumping grounds, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the Town, such that, in the opinion of the Administrator, the same might be or become a pollutant discharged to the waters of the United States.
E. 
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the Town in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the recycling or disposal of garbage.
(Ord. 318-01; Ord. 15-434)
A. 
Each responsible party, owner or discharger associated with any industrial activity, construction activity, or any other discharger described in any general stormwater permit as may be adopted by the EPA, the State Water Resources Control Board, or the Regional Board, shall provide notice of intent, shall comply with, and shall undertake all other activities required by such permit applicable to such discharges.
B. 
Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.
(Ord. 318-01; Ord. 15-434)
A. 
After written notification is mailed, personally delivered or posted, the Administrator may require any person responsible for an illicit discharge to immediately, or by a specified date, eliminate or discontinue the illicit discharge. If the discharge is not discontinued in the time specified, the Administrator may take any enforcement measure described in this chapter and steps reasonably necessary to eliminate the source of the illicit discharge or to prevent the reoccurrence of future illicit discharges. If necessary as the result of an imminent or pending storm event, the Administrator may take immediate measures to eliminate the source of the illicit discharge.
B. 
After written notification is mailed, personally delivered or posted, the Administrator may require a person in control of, or responsible for, an illicit connection to the storm drain system to 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 the ordinance codified in this chapter. If, subsequent to eliminating a connection found to be in violation of this chapter, the person can demonstrate that an illicit discharge will no longer occur, such person may request approval to reconnect. The reconnection or reinstallation of the connection shall be at the Administrator's discretion, and shall be subject to such conditions as the Administrator may determine. Such reconnection or reinstallation shall be at the requesting person's sole expense.
(Ord. 318-01; Ord. 15-434)