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:
"Best management practice" or "BMP"
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.
"CFR"
means the Code of Federal Regulations.
"City"
means the City of Roseville.
"City council"
means the controlling leadership of the city's municipal
body having legislative and administrative powers, such as passing
ordinances and appropriating funds.
"City engineer"
means the city engineer of the City of Roseville or the city
engineer's authorized representative.
"Clean Water Act"
means the Federal Water Pollution Control Act (33 U.S.C.
Section 1251 et seq.), and any amendments thereto.
"Commercial"
means property use types that include the distribution, sale
and rental of goods, and the provision of services.
"Construction activity"
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.
"Director"
means the environmental utilities director of the City of
Roseville or the director's authorized representative.
"Enforcement officer"
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.
"Garbage"
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.
"Hazardous materials"
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.
"Illegal discharge"
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.
"Illicit connection"
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.
"Incidental runoff"
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.
"Industrial activity"
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).
"Industrial stormwater NPDES permit"
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.
"Industrial wastes"
means the liquid wastes from industrial manufacturing processes,
trade, or business.
"Landowner"
means the legal or beneficial owner of land or any other
person holding proprietary right to land.
Clean water act.
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.
"Natural outlet"
means any non-man made outlet into a watercourse, pond, ditch,
lake or other body of surface or groundwater.
"Person"
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.
"Pollutant"
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.
"Pollution"
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).
"Premises"
means any building, lot, parcel of land, or portion of land,
whether improved or unimproved, including adjacent sidewalks and parking
strips.
"Redevelopment" or "development"
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.
"Regional Board"
means the California Regional Water Quality Control Board
for the Central Valley Region.
"Regulated projects"
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:
1.
Detached single-family home projects that are not part of a
larger plan of development;
3.
Routine maintenance or repair such as: exterior wall surface
replacement, pavement resurfacing within the existing footprint; or
4.
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."
"Rubbish"
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.
"Sewage"
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.
"Site design measures"
means measures to reduce project site runoff from development
or redevelopment projects, and can include one or more of the following:
1.
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;
2.
Soil Quality Improvement and Maintenance - improvement and maintenance
soil through soil amendments and creation of microbial community;
3.
Tree Planting and Preservation - planting and preservation of
healthy, established trees that include both evergreens and deciduous,
as applicable;
4.
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;
5.
Porous Pavement - pavement that allows runoff to pass through
it, thereby reducing the runoff from a site and surrounding areas
and filtering pollutants;
6.
Green Roofs - a vegetative layer grown on a roof (rooftop garden);
7.
Vegetated Swales - a vegetated, open-channel management practice
designed specifically to treat and attenuate stormwater runoff; and/or
8.
Rain Barrels and Cisterns - system that collects and stores
stormwater runoff from a roof or other impervious surface.
"Spill"
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.
"Storm drain system"
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.
"Stormwater"
means surface flow, urban runoff, and drainage consisting
entirely of water from precipitation events such as rain, snow, sleet,
or hail.
"Stormwater control maintenance agreement"
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.
"Stormwater control measures"
means post-construction source control measures, structural
control measures, and treatment control measures as defined in the
city's Stormwater Quality Design Manual.
"Urban runoff"
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.
"Watercourse"
means a channel or depression in which a flow of water occurs,
either continuously or intermittently.
"Water of the United States"
means surface watercourses and water bodies as defined within
40 CFR Section 122.2, including waters such as lakes, rivers, streams,
and wetlands.
"West Placer Storm Water Quality Design Manual"
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.
"Wetland"
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.
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(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)