This chapter shall be known as the "Urban Stormwater Quality Management and Discharge Control Ordinance" of the City of Roseville and may be so cited.
(Ord. 4822 § 1, 2010)
The city council adopts this chapter based upon the following findings:
A.
The Federal Clean Water Act regulates the discharge of pollutants into the waters of the United States and requires National Pollutant Discharge Elimination System (NPDES) permits requiring the reduction of pollutants to the maximum extent practicable for all discharges of stormwater and urban runoff discharges from the city's stormwater conveyance system.
B.
Stormwater and urban runoff may flow from individual properties to the city's municipal storm drain system and then ultimately to the waters of the United States.
C.
The city holds a permit under the Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ), which also serves as an NPDES permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this NPDES permit, the city is required to possess the necessary legal authority and implement appropriate procedures to regulate the entry of pollutants and non-stormwater discharges into the city's stormwater conveyance system.
(Ord. 4822 § 1, 2010; Ord. 5787 § 1, 2017)
The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act and the city's NPDES permit by reducing pollutants in stormwater discharges to the maximum extent practicable and by effectively prohibiting non-stormwater discharges to the city's stormwater conveyance system.
(Ord. 4822 § 1, 2010; Ord. 5787 § 2, 2017)
For the purposes of this chapter, the following definitions shall apply:
means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the city's municipal storm drain system and waters of the United States to the maximum extent practicable. Best management practices may include, but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management and good housekeeping practices to control urban runoff, spillage, or leaks of non-stormwater; proper waste disposal; controlling drainage from materials storage; erosion and sediment control practices; the prohibition of specific activities, practices, and procedures; and such other provisions as the city determines appropriate for the control and reduction of pollutants. Please refer to the City of Roseville BMP guidance series as discussed further in Section 14.20.290 herein, for specific requirements.
means the board established pursuant to city ordinance, Chapter 2.26.
means the Code of Federal Regulations.
means the City of Roseville.
means the controlling leadership of the city's municipal body having legislative and administrative powers, such as passing ordinances and appropriating funds.
means the city engineer of the City of Roseville or the city engineer's authorized representative.
means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any amendments thereto.
means property use types that include the distribution, sale and rental of goods, and the provision of services.
means construction projects or activities resulting in land and soil disturbance and include, but are not limited to, clearing and grubbing, grading, excavating, demolition and utility work. These activities may also be subject to the State Water Resources Control Board's NPDES construction permit requirements if land disturbance area exceeds one acre.
means the environmental utilities director of the City of Roseville or the director's authorized representative.
means any city employee or agent of the city with the authority to enforce any provision of this chapter and the authority to make any decision on behalf of the director or city engineer required or called for by this chapter.
means trash or other solid waste from domestic, commercial, and industrial sources, and includes wastes from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
means 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 environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the environment.
means any direct or indirect non-stormwater discharge to the city's storm drain system, including sewage, process wastewater, and wash water from organized car washes, mobile cleaning, and pressure washing operations, except as specified by the exemptions listed in Section 14.20.130 of this chapter.
is defined as any pipe, drain, conveyance or other physical or non-physical connection, whether on the surface or subsurface, which allows an illegal discharge to enter the city's storm drain system, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency, or had been documented in plans, maps, or equivalent records and approved by the city.
means unintended amounts (volume) of non-stormwater runoff, such as minimal over spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered "incidental runoff" if runoff is part of the facility design, is due to excessive application, is due to intentional overflow or application, or is due to negligence.
means industrial business or activities, such as manufacturing, finishing, production, or processing of products, and materials or waste recycling, transportation, or storage, whether or not subject to NPDES industrial permit requirements as defined in 40 CFR Section 122.26(b)(14).
means an NPDES permit issued to an industry or group of industries that regulates the pollution levels associated with industrial stormwater discharges or specifies on-site pollution reduction and control strategies.
means the liquid wastes from industrial manufacturing processes, trade, or business.
means the legal or beneficial owner of land or any other person holding proprietary right to land.
means the Placer County health officer.
means general, group, and individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the
The California Regional Water Quality Control Board, Central Valley Region and the State Water Resources Control Board have adopted general stormwater discharge permits that regulate small municipal separate storm sewer systems, general construction activity, and general industrial activity.
means any non-man made outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
means any discharge to the storm drain system that is not composed entirely of stormwater.
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, municipality, state or federal agency, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste. Pollutants may also include paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; water or waste containing fecal coliform and pathogens, including animal wastes; dissolved and particulate metals; construction and industrial wastes.
means the alteration of the quality of water by wastes or other materials in concentrations sufficient to unreasonably affect the designated beneficial uses of water (e.g., agricultural supply; municipal or industrial supply; recreation and aesthetic enjoyment; groundwater recharge; preservation and enhancement of fish, wildlife, and other aquatic resources). Pollution may include "contamination" as defined in California Water Code Section 13050(k).
means the California Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).
means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
means any significant construction, alteration or improvement to any portion of real property that replaces or creates more than 2,500 square feet of impervious surface (including projects with no net increase in impervious footprint, and detached single-family homes that are not part of a larger plan of development), or as otherwise defined in the city's most current NPDES permit. This includes, but is not limited to: creation or expansion of a building footprint; replacement of a structure; replacement of an impervious surface that is not part of routine maintenance activity; land-disturbing activities related to structural or impervious surfaces; and significant construction, alteration, or improvement to multiple adjacent parcels owned by the same person.
means the California Regional Water Quality Control Board for the Central Valley Region.
means and includes all development or redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface. However, "regulated projects" do not include:
Detached single-family home projects that are not part of a larger plan of development;
Interior remodels;
Routine maintenance or repair such as: exterior wall surface replacement, pavement resurfacing within the existing footprint; or
LUPs)nderground/overhead Projects (LUPs) - Unless the LUP has a discrete location that has 5,000 square feet or more of newly constructed contiguous impervious surface. When the LUP has a discrete location that has 5,000 square foot or more of new contiguous impervious surface, only that specific discrete location is a "regulated project."
means any and all solid waste materials, including, but not limited to, paper, rags, bottles, cans, glass, boxes, packing material, yard waste and trimmings from lawns, trees and gardens, magazines, books, ashes, and construction debris.
means a combination of the municipal wastewater from residences, business buildings, institutions, portable restroom facilities, and industrial establishments, combined with any groundwater, surface water, and stormwater that may be present.
means measures to reduce project site runoff from development or redevelopment projects, and can include one or more of the following:
Stream Setbacks and Buffers - a vegetated area including trees, shrubs, and herbaceous vegetation that exists or is established to protect a stream system, lake, reservoir, or wetland area;
Soil Quality Improvement and Maintenance - improvement and maintenance soil through soil amendments and creation of microbial community;
Tree Planting and Preservation - planting and preservation of healthy, established trees that include both evergreens and deciduous, as applicable;
Rooftop and Impervious Area Disconnection - rerouting of rooftop drainage pipes to drain rainwater to rain barrels, cisterns, or permeable areas instead of the storm sewer;
Porous Pavement - pavement that allows runoff to pass through it, thereby reducing the runoff from a site and surrounding areas and filtering pollutants;
Green Roofs - a vegetative layer grown on a roof (rooftop garden);
Vegetated Swales - a vegetated, open-channel management practice designed specifically to treat and attenuate stormwater runoff; and/or
Rain Barrels and Cisterns - system that collects and stores stormwater runoff from a roof or other impervious surface.
means any leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any liquid or solid waste into the environment, unless permitted or authorized by a regulatory agency.
means publicly-owned facilities operated by the city by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2 or privately owned facilities outletting to waters of the United States or connected to the city storm drain system.
means surface flow, urban runoff, and drainage consisting entirely of water from precipitation events such as rain, snow, sleet, or hail.
means a legally recorded document that stipulates the long term maintenance obligations for stormwater control measures, and can include, but is not limited to, sales or lease agreement conditions, recorded property deed restriction, contract, or other legal mechanism.
means post-construction source control measures, structural control measures, and treatment control measures as defined in the city's Stormwater Quality Design Manual.
means water runoff generated in or by urbanized areas, including precipitation and dry weather flows from a drainage area that reaches a receiving water body. Dry weather flows include incidental nuisance flows, such as excess irrigation water and washing activities.
means a channel or depression in which a flow of water occurs, either continuously or intermittently.
means surface watercourses and water bodies as defined within 40 CFR Section 122.2, including waters such as lakes, rivers, streams, and wetlands.
means the most recent version of the design manual for the Sacramento and South Placer regions, which sets forth the design criteria and operation and maintenance requirements for stormwater control measures for development and redevelopment projects and regulated projects. A copy of the Stormwater Quality Design Manual is available to view in the city's development services department and can be found on the city's website.
means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (commonly known as hydrophytic vegetation). Wetlands may be regulated by either the United States Army Corps of Engineers or the California Regional Water Quality Control Board, or both.
Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation. |
(Ord. 4822 § 1, 2010; Ord. 5279 § 14, 2014; Ord. 5787 § 3, 2017)
This chapter shall apply to all water or other material entering the storm drain system generated on any developed and undeveloped lands lying within the City of Roseville, unless an exemption or waiver is granted by the city or the Regional Board.
(Ord. 4822 § 1, 2010; Ord. 5787 § 4, 2017)
The director and the city engineer shall administer, implement, inspect, and enforce the provisions of this chapter. Any powers granted or duties of the director and the city engineer may be delegated by them to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 4822 § 1, 2010; Ord. 5787 § 5, 2017)
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. 4822 § 1, 2010)
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, including the city's current NPDES stormwater permit.
(Ord. 4822 § 1, 2010; Ord. 5787 § 6, 2017)
In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the requirement establishing 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. 4822 § 1, 2010; Ord. 5787 § 7, 2017)
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 with this chapter will ensure that there will be no contamination, pollution, or 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 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. 4822 § 1, 2010; Ord. 5787 § 8, 2017)
Any discharge that threatens, results in, or contributes to a violation of the city's NPDES permit(s) or any amendment, revision, or reissuance thereof, 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 against the city resulting from such discharge.
(Ord. 4822 § 1, 2010.; Ord. 5787 § 9, 2017)