City of Roseville, CA General Provisions

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.

"Board of appeals"

means the board established pursuant to city ordinance, Chapter 2.26.

"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.

"Local health officer"

means the Placer County health officer.

"National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits"

means general, group, and individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the

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.

"Non-stormwater discharge"

means any discharge to the storm drain system that is not composed entirely of stormwater.

"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).

"Porter-Cologne Act"

means the California Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

"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:

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."

"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:

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.

"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.

(Ord. 4822 § 1, 2010; Ord. 5279 § 14, 2014; Ord. 5787 § 3, 2017)