This chapter shall be known as the "City of Imperial Beach Stormwater
Management, and Discharge Control Ordinance."
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
The purposes of the ordinance codified in this chapter are to
restore and maintain the water quality of receiving waters and further
protect the health, safety and general welfare of City of Imperial
Beach residents; to effectively prohibit non-stormwater discharges
to the MS4; to cause the use of stormwater best management practices
by the City, its residents, and businesses that will reduce polluted
stormwater runoff discharging from the MS4 to receiving waters to
the maximum extent practicable; and to ensure the City is compliant
with applicable state and federal law. This chapter seeks to promote
these purposes by:
A.
Preventing
prohibited non-stormwater discharges to the stormwater conveyance
system, receiving waters, and the environment;
B.
Establishing
minimum best management practices for stormwater management for existing
developed areas;
C.
Establishing
requirements for the design of stormwater best management practices
for development projects;
D.
Establishing
requirements for the management of stormwater flows from construction
projects;
E.
Controlling
the contribution of stormwater pollutants through the development
and implementation of watershed based plans and through interagency
agreements;
F.
Controlling
the contribution of stormwater pollutants from discharges not covered
under NPDES Permit No. CAS0109266 or as amended such as Caltrans,
U.S. Federal Government, and Mexico through inter-agency agreements
and other collaborative efforts;
G.
Establishing
standards to meet the requirements of state and federal law and the
NPDES Permit No. CAS0109266 or as amended;
H.
Assessing
the effectiveness of BMPs and updating the City's stormwater management
program through an adaptive planning and management process to reduce
the discharge of pollutants in stormwater from the stormwater conveyance
systems to the maximum extent practicable (MEP);
I.
Requiring
enforcement of the this chapter to hold dischargers to the stormwater
conveyance system accountable for their contribution of pollutants
and flows.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
The following definitions shall be applicable when the following
words or phrases are used hereafter in this chapter whether or not
these words or phrases are capitalized:
means the City Manager or designee.
means any City employee assigned to duties involving permits
and other City approvals, inspections, and enforcement related to
this chapter.
means schedules of activities, pollution treatment practices
or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures,
and other management practices or devices to prevent or reduce the
discharge of pollutants directly or indirectly to stormwater, receiving
waters, or the stormwater conveyance system. Best management practices
also include but are not limited to treatment requirements, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
Best management practices may include any type of pollution prevention
and pollution control measure, approved by the City and consistent
with San Diego Regional Water Quality Control Board Stormwater Permit,
that can help to achieve compliance with this chapter.
means best management practices.
means a natural or improved watercourse designed to convey
stormwater runoff.
means the City of Imperial Beach.
means all non-residential facilities engaged in business
or commerce, whether for profit or not-for-profit, or publicly or
privately owned, except for regulated industrial facilities and municipal
facilities; plus residences used for commercial repair, maintenance,
cleaning, manufacturing, food preparation or painting activity if
that activity has the potential to result in the discharge of non-stormwater
or the discharge of pollutants to stormwater.
means any activity that moves soils, substantially alters
the preexisting vegetated or man-made cover of any land, or any building
activity that may potentially release stormwater pollutants. This
includes, but is not limited to, grading, digging, cutting, scraping,
stockpiling or excavating of soil; placement of fill materials; paving,
pavement removal, exterior construction; substantial removal of vegetation
where soils are disturbed including, but not limited to, removal by
clearing or grubbing; or any activity which bares soil or rock or
involves streambed alterations or the diversion or piping of any watercourse.
Land disturbance activity does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or the original
purpose of the facility, nor does it include emergency construction
activities (i.e., land disturbances) required to protect public health
and safety.
means a person who seeks or receives permits for or who undertakes
land development activities.
means developer.
when used as a verb, means to allow pollutants to directly
or indirectly enter stormwater, or to allow stormwater or non-stormwater
to directly or indirectly enter the stormwater conveyance system or
receiving waters, from an activity or operations that one owns or
operates. When used as a noun, "discharge" means the pollutants, stormwater
and/or non-stormwater that are discharged.
means any person or entity engaged in activities or operations
or owning facilities, which will or may result in pollutants entering
stormwater, the stormwater conveyance system, or receiving waters;
and the owners of real property on which such activities, operations
or facilities are located; provided, however, that a local government
or public authority is not a discharger as to activities conducted
by others in public rights-of-way.
means development and redevelopment projects that are subject
to personal judgment or the freedom to choose among possible courses
of action.
means a legal right granted by a land-owner to a grantee
allowing the use of private or public land for stormwater management
purposes.
means a pipe, facility, or other device connected to the
stormwater conveyance system or receiving waters, which has not been
reviewed and authorized by the City; or a permitted/authorized pipe,
facility, or other device, which conveys illegal discharges.
means any discharge to the stormwater conveyance system or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of non-stormwater that are not exempt discharges listed in Section 8.30.060, any discharge from an illegal connection, and any discharge that contains additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a City permit or a NPDES permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES permit are illegal discharges for purposes of this chapter unless compliance with all applicable permit conditions is maintained.
means the stormwater requirements for all development or
redevelopment projects in the City adopted by resolution that provides
procedures for planning, selecting, and designing permanent stormwater
BMPs based on performance standards presented in the 2013 NPDES Permit
No. CAS0109266 or as amended. All references in this chapter to the
"Imperial Beach BMP Design Manual" update and replace the Standard
Urban Stormwater Mitigation Plan (SUSMP) formally contained in Chapter
8.32.
means constructed or modified surfaces that cannot effectively
infiltrate rainfall. The term includes, but is not limited to, building
rooftops, pavement, sidewalks, and driveways.
means any facility subject to the state general industrial
stormwater permit; any other facility primarily engaged in manufacturing,
processing, storage or handling of raw materials, processed bulk materials,
or refuse; and any other facility with a total outdoor uncovered area
of more than two acres that is used for an industrial activity. Municipal
facilities are not regulated industrial facilities, unless they are
subject to the state general industrial stormwater permit.
means the holder of legal title to the land, and other persons
or entities that exercise control over a land development project
pursuant to rights granted in a purchase agreement, joint venture
agreement, development agreement, or long-term lease.
means periodic action taken to maintain the as-designed performance
of a BMP, and includes, but is not limited to, repairs to the BMP
as necessary, and replacement of the BMP by an equally effective or
more effective BMP at the end of its useful life.
means the technology-based standard established by Congress
in the Clean Water Act Section 402(p)(3)(B)(iii) for stormwater that
operators of MS4 must meet. Technology-based standards establish the
level of pollutant reductions that dischargers must achieve, typically
by treatment or by combination of source control and treatment control
BMPs. MEP generally emphasizes pollution prevention and source control
BMPs primarily (as the first line of defense) in combination with
treatment methods serving as a backup (additional lines of defense).
MEP considers economics and is generally, but not necessarily, less
stringent than best available technology.
means new development and redevelopment projects undertaken
in a manner prescribed by law or order, without the exercise of personal
judgment.
means the municipal separate storm sewer system holds the
same definition as the stormwater conveyance system.
means any discharge to the stormwater conveyance system that
is not entirely composed of stormwater from a rain event.
means a National Pollutant Discharge Elimination System permit
issued by the U.S. Environmental Protection Agency, the SWRCB, or
the RWQCB.
means any agent introduced to stormwater or non-stormwater
that may cause or contribute to the degradation of water quality such
that public health, the environment, or beneficial uses of waters
may be affected. The term may include, but is not limited to, dredged
soil, rock, sand, or silt (excluding sediment, silt, or substances
in quantities which would enter stormwater from a natural undeveloped
watershed); solid waste, sewage, garbage, or medical waste; wrecked
or discarded equipment; radioactive materials; industrial waste; fecal
coliform, fecal streptococcus, and enterococcus bacteria and other
pathogens that pose a threat to human health; volatile organic carbon,
surfactants, oil and grease, petroleum hydrocarbons, total organic
carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides,
phenols, and biocides; and any contaminant which can significantly
degrade the quality of receiving waters by altering pH, total suspended
or settleable solids, biochemical oxygen demand, chemical oxygen demand,
nutrients, or temperature.
means a structural BMP (other than a temporary construction-related
BMP) put in place in connection with a land development or redevelopment
project to prevent or reduce contamination in stormwater or receiving
waters, or to prevent or reduce erosion downstream from the project.
means all categories listed as follows (or as defined in
Order No. R9-2013-0001, NPDES No. CAS0109266 issued by the San Diego
Regional Water Quality Control Board) or as amended:
New development projects that create 10,000 square feet or more
of impervious surfaces (collectively over the entire project site).
This includes commercial, industrial, residential, mixed-use, and
public development projects on public or private land.
Redevelopment projects that create and/or replace 5,000 square
feet or more of impervious surface (collectively over the entire project
site on an existing site of 10,0000 square feet or more of impervious
surfaces). This includes commercial, industrial, residential, mixed-use,
and public development projects on public or private land.
New and redevelopment projects that create and/or replace 5,000
square feet or more of impervious surface (collectively over the entire
project site), and support one or more of the following uses:
Restaurants. This category is defined as a facility that sells
prepared foods and drinks for consumption, including stationary lunch
counters and refreshment stands selling prepared foods and drinks
for immediate consumption (SIC code 5812).
Hillside Development Projects. This category includes development
on any natural slope that is 25% or greater.
Parking Lots. This category is defined as a land area or facility
for the temporary parking or storage of motor vehicles used personally,
for business, or for commerce.
Streets, Roads, Highways, Freeways, and Driveways. This category
is defined as any paved impervious surface used for the transportation
of automobiles, trucks, motorcycles, and other vehicles.
New or redevelopment projects that create and/or replace 2,500
square feet or more of impervious surface (collectively over the entire
project site), and discharging directly to an environmentally sensitive
area (ESA). "Discharging directly to" includes flow that is conveyed
overland a distance of 200 feet or less from the project to the ESA,
or conveyed in a pipe or open channel any distance as an isolated
flow from the project to the ESA (i.e., not commingled with flows
from adjacent lands).
New development projects, or redevelopment projects that create
and/or replace 5,000 square feet or more of impervious surface, that
support one or more of the following uses:
Automotive Repair Shops. This category is defined as a facility
that is categorized in any one of the following Standard Industrial
Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
Retail Gasoline Outlets (RGOs). This category includes RGOs
that meet the following criteria: (i) 5,000 square feet or more; or
(ii) a projected average daily traffic (ADT) of 100 or more vehicles
per day.
New or redevelopment projects that result in the disturbance
of one or more acres of land and are expected to generate pollutants
post construction.
means all waters that are "waters of the United States."
means any construction, alteration or improvement at an already
developed site that will increase the total impervious surface area
of that site, or that involves activities that could expose contaminants
to rainfall. Redevelopment can include, but is not limited to, the
expansion of building footprints, the addition or replacement of a
structure, exterior construction and remodeling, replacement of existing
impervious surfaces that is not part of a routine maintenance activity,
and other activities that create additional impervious surfaces.
means the California Regional Water Quality Control Board
for the San Diego Region.
means an order issued which requires that specifically identified
activity or all activity on a site be halted.
means surface runoff and drainage associated with storm events.
means private and public drainage facilities other than sanitary
sewers within the City by which urban runoff may be conveyed to receiving
waters, and includes, but is not limited to, roads, streets, alleys,
constructed channels, aqueducts, storm drains, pipes, street gutters,
inlets to storm drains or pipes, or catch basins.
means the use of structural or non-structural BMPs that are
designed to reduce urban run-off pollutant loads, discharge volumes,
and/or peak discharge flow rates or velocities. When applied to the
City or another municipality, stormwater management also includes
planning and programmatic measures.
means a plan, submitted on a City form or in a City-specific
format in connection with an application for a City permit or other
City approval, identifying the measures that will be used for stormwater
and non-stormwater management during the permitted activity.
means Order No. R9-2013-0001, NPDES No. CAS0109266 issued
by the San Diego Regional Water Quality Control Board or as amended.
means a BMP that relies on either a physical condition (other
than an entirely natural and undisturbed condition), or on a constructed
or installed device to reduce or prevent pollutants in urban runoff
discharges and authorized non-stormwater discharges. Constructed or
enhanced BMPs that depend on natural materials and processes (e.g.,
constructed drainage swales or buffers, or constructed wetlands),
and that require periodic maintenance to function as designed, are
structural BMPs.
means the State Water Resources Control Board.
means all flows in a stormwater conveyance system in the
City other than point source discharges in violation of a site-specific
NPDES permit. Urban runoff includes, but is not limited to, stormwater,
exempt non-stormwater discharges, and illicit discharges.
means water subject to the regulatory jurisdiction of the
United States under the Federal Clean Water Act and applicable case
law. In general, this includes "navigable" waters, waters tributary
to "navigable" waters, and adjacent wetlands.
(Ord. 2002-978 § 1; Ord. 2003-996 §§ 1, 2; Ord. 2003-1009 § 1; Ord. 2008-1062 § 1; Ord. 2010-1096 § 1; Ord. 2016-1158 § 1)
A.
Responsibility
for Administration. Its authorized enforcement officials shall administer
this chapter for the City of Imperial Beach.
B.
Effective
Date. This chapter shall take effect on November 2, 2016.
C.
Application.
Interpretation of the meanings of parts of this chapter shall assure
consistency with the purpose and intent of this chapter. This includes,
but is not limited to, consistency with the requirements of NPDES
Permit No. CAS0109266 or as amended. This chapter is not intended
to interfere with, abrogate or annul any other chapter, rule or regulation,
statute, or other provision of law. The requirements of this chapter
should be considered minimum requirements, and where any provision
of this chapter imposes restrictions different from those imposed
by any other chapter, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall take precedence.
Stormwater and non-stormwater discharges regulated under a valid facility-specific
NPDES permit or facility-specific RWQCB Waste Discharge Requirements
Permit are not subject to this chapter, but shall instead be regulated
exclusively by the RWQCB.
D.
Severability
and Validity. If any section of this chapter is declared invalid by
a court of law, the remaining sections shall remain valid.
E.
City
Permits and Approvals. An application for any of the following discretionary
or ministerial permits or approvals shall be accompanied by plans
demonstrating how the stormwater pollution control requirements of
this chapter will be met, and the permit or approval shall not be
approved unless the decision maker determines that the application
complies with the requirements of this chapter:
1.
Demolition
permit;
2.
Grading
plan (including modification or renewal);
3.
Improvement
plan (including modification);
4.
Conditional
use permit (including modification or minor deviation);
5.
Design
review approval (including modification, minor deviation, or extension);
6.
Site
plan (including amendment);
7.
Tentative
map (including resolution amendment or time extension);
8.
Tentative
parcel map;
9.
Coastal
development permit;
10.
Encroachment permit.
F.
Imperial
Beach BMP Design Manual. The City may establish and adopt by resolution
minimum standards for post-construction stormwater BMPs for development
and redevelopment projects to establish procedures for planning, selecting,
and designing permanent stormwater BMPs based on performance standards
presented in NPDES Permit No. CAS0109266 or as amended by the RWQCB.
These standards shall be known as the Imperial Beach BMP Design Manual.
G.
Guidance
Documents. Any authorized enforcement official may prepare, disseminate
and maintain guidance documents adopted through resolution to address
pollution prevention practices and BMPs for specific activities or
facilities, illicit connections, and illegal discharges. Guidance
documents include, but may not be limited to, the adopted City of
Imperial Beach Jurisdictional Runoff Management Plan (JRMP), Tijuana
River Water Quality Improvement Plan, San Diego Bay Water Quality
Improvement Plan, NPDES Permit No. CAS0109266 or as amended by the
RWQCB, and the Imperial Beach BMP Design Manual. These guidance documents
identify practices that have been determined by the authorized enforcement
official to be additional BMPs that must be implemented to prevent
or control pollution to the maximum extent practicable (MEP).
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Illegal Discharges. The discharge of pollutants, including non-stormwater dry weather discharges, directly or indirectly into the stormwater conveyance system or receiving waters is prohibited, except as exempted in Section 8.30.060 of this chapter and unless the applicable requirements of this chapter have been met. It is unlawful for any person to cause or contribute any discharge into the stormwater conveyance system that results in a violation of the stormwater permit.
B.
Illegal
Connection. The establishment of illegal connections to the stormwater
conveyance system is prohibited. The use of illegal connections is
prohibited, even if the connection was established pursuant to a valid
City permit and was legal at the time it was constructed.
C.
Prevention
of Illegal Discharges. Throwing, depositing, leaving, abandoning,
maintaining or keeping materials or wastes on public or private lands
in a manner and place where they may discharge pollutants or result
in an illegal discharge to the stormwater conveyance system is prohibited
unless written authorization is provided by the City.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Permitted
Discharges. Any discharge to the stormwater conveyance system that
is authorized by a separate NPDES permit issued to the discharger
by the state pursuant to Division 7 of the California Water Code are
exempt from discharge prohibitions established by this chapter, provided
compliance with all relevant permit conditions are maintained to the
satisfaction of the RWQCB.
B.
Permitted
Groundwater Discharges. Non-stormwater discharges to the MS4 from
the following categories are allowed if: (1) the discharger obtains
coverage under NPDES Permit No. CAG919001 (RWQCB Order No. R9-2007-0034,
or subsequent order) for discharges to San Diego Bay, and the discharger
is in compliance with all requirements of the applicable NPDES permit
and all other applicable laws and regulations; or (2) the RWQCB determines
in writing that coverage under NPDES Permit No. CAG919001 (or subsequent
permit) is not required. Otherwise, non-stormwater discharges from
the following categories are illegal discharges:
1.
Discharges
from uncontaminated pumped groundwater;
2.
Discharges
from foundation drains when the system is designed to be located at
or below the groundwater table to actively or passively extract groundwater
during any part of the year;
3.
Discharges
from water from crawl space pumps;
4.
Discharges
from water from footing drains when the system is designed to be located
at or below the groundwater table to actively or passively extract
groundwater during any part of the year.
C.
Permitted
Discharges from Water Line Flushing. Non-stormwater discharges from
water line flushing and water main breaks are allowed if the discharges
have coverage under NPDES Permit No. CAG679001 (RWQCB Order No. R9-2010-0003,
or subsequent order), and the discharge is in compliance with all
requirements of that NPDES permit and other applicable laws and regulations.
This category includes water line flushing and water main break discharges
from water purveyors issued a water supply permit by the California
Department of Public Health or federal military installations. Discharges
from recycled or reclaimed water lines are allowed if the discharges
have coverage under an NPDES permit.
D.
Allowable
Discharges. Non-stormwater discharges to the stormwater conveyance
system from the following categories are allowed, unless the City's
enforcement official or the RWQCB identifies the discharge as a source
of pollutants to receiving waters, in which case non-stormwater discharges
from the following categories are illegal discharges:
1.
Discharges
from diverted stream flows;
2.
Discharges
from rising groundwater;
3.
Discharges
from uncontaminated groundwater infiltration to the MS4;
4.
Discharges
from springs;
5.
Discharges
from flows from riparian habitats and wetlands;
6.
Discharges
from potable water sources, except that irrigation runoff discharges
are considered illegal discharges and are not allowed;
7.
Discharges
from foundation drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharges under unusual circumstances;
8.
Discharges
from footing drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharge under unusual circumstances.
E.
Conditionally
Allowed Discharges. Non-stormwater discharges from the following categories
are conditionally allowed if they are controlled through implementation
of minimum BMPs. Otherwise, non-stormwater discharges from the following
categories are illegal discharges:
1.
Air
Conditioning Condensation. Air conditioning condensation shall be
directed to landscaped areas, pervious surfaces, or sanitary sewer,
where feasible.
2.
Residential
Vehicle Washing. Wash water from residential vehicle washing shall
be directed to landscaped areas or other pervious surfaces, where
feasible. Residents shall minimize the use of water through the use
of an automatic shutoff nozzle or equivalent and minimize the use
of detergents and other vehicle washing products. Discharges from
commercial car washes, car wash fund raisers, or similar non-residential
car wash activities are considered illegal discharges.
3.
Swimming
Pool Water. Residual chlorine, algaecide, filter backwash, or other
pollutants from swimming pools shall be eliminated prior to discharging
to the stormwater conveyance system. Saline swimming pool water must
be directed to the sanitary sewer, landscaped area, or other pervious
surfaces that can accommodate the volume of water, unless the saline
swimming pool water can be discharged via a pipe or concrete channel
directly to a naturally saline water body.
4.
Non-Emergency
Firefighting. Non-emergency firefighting discharges from control burns
or training practices shall implement stormwater BMPs to reduce or
eliminate pollutants from entering the stormwater conveyance system.
Building fire suppression system maintenance water shall be directed
to the sanitary sewer or receive filtration before discharge.
5.
Emergency
Firefighting. Stormwater BMPs are encouraged to reduce or eliminate
pollutants from emergency firefighting discharges. During emergencies,
priority of efforts should be directed toward life, property, and
the environment (in descending order). BMPs shall not interfere with
emergency response operations or impact public health and safety.
F.
Exemptions Not Absolute. Any conditionally allowed discharge category described in Section 8.30.060 above identified as a significant source of pollutants by the City's enforcement official or RWQCB shall be prohibited from entering the stormwater conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Reduce Pollutants to MEP. Every person undertaking any activity or use of premises which may cause or contribute to stormwater pollution, illegal discharges, or non-stormwater discharges to the stormwater conveyance system shall implement stormwater BMPs that reduce the risk of stormwater pollution to the MEP. Stormwater guidance documents in Section 8.30.040(G) establish minimum BMPs for specific facilities and pollutant generating activities.
B.
Responsible and Liable. Private property owners and dischargers are responsible to prevent the release of pollutants from any activity or use on a premises and must mitigate in accordance to subsection D for the release of pollutants that reach the stormwater conveyance system or pollutants that accumulate in the public right-of-way to the property.
C.
Stormwater
Management Plan. Authorized enforcement staff may require any facility
or operation that is engaged in activities which may result in pollutant
discharges to the stormwater conveyance system to develop and implement
a stormwater management plan that will reduce or prevent stormwater
pollution to the MEP.
D.
Mitigation.
All illegal discharges must be mitigated within a reasonable period
of time to correct or compensate for all damage to the environment
caused by the illegal discharge. The authorized enforcement staff,
who issued notice to the discharger that a discharge was illegal,
shall determine whether mitigation measures proposed or completed
by the discharger or property owner meet the standards of this chapter
and applicable permit conditions or other applicable laws. Notwithstanding
the granting of any period of time to the discharger to correct the
damage, the discharger shall remain liable for any fines or penalties
imposed pursuant to this chapter, or by the RWQCB.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Permit
Issuance. No land owner or development project proponent shall receive
any City grading, clearing, building, encroachment or other development
permit required for construction activity without first meeting the
requirements of this chapter with respect to the portion of the project
and construction activity to which the permit at issue would apply.
B.
Owners
and Operators Both Responsible and Liable. Persons or entities performing
construction activities in the City, and the owners of land on which
construction activities are performed, are dischargers for purposes
of this chapter; provided, however, that a local government or public
authority is not a discharger as to activities conducted by others
in public rights-of-way.
C.
Stormwater Management Plan. All applications to the City for a permit or approval associated with construction activity must be accompanied by a stormwater management plan, on a form or in a format specified by the City. The stormwater management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including, but not limited to, the applicable BMPs required by subsection D of this section.
D.
Additional
Minimum BMPs for Construction Management Activities. Whether a City
permit or approval is required or not, and whether a Stormwater Management
Plan is required to be submitted or not, all dischargers engaged in
construction activities shall implement BMPs that protect construction
activities from the unintended release of pollutants. All property
owners and contractors performing construction activity must install,
implement, and maintain BMPs to prevent the discharge of pollutants
to the MEP.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City permit or approval listed in Section 8.30.040(E) of this chapter for development activity or redevelopment activity unless the project meets or will meet the requirements of this chapter. The application of post-construction BMP requirements imposed by this section and/or by the Imperial Beach BMP Design Manual as a condition of a permit or other approval shall not require retroactive application of the post-construction BMP requirements to a project that has received prior lawful approval pursuant to a previously issued valid City permit.
B.
Owners
and Developers Responsible and Liable. Developers, development project
proponents, and land owners for land on which development activities
are performed, are dischargers for purposes of this chapter; provided
however that a local government or public authority is not a discharger
as to activities conducted by others in public rights-of-way.
C.
Post-Construction
Best Management Practices Required. Development and redevelopment
projects with the poten-tial to add pollutants to stormwater or to
affect the flow rate or velocity of stormwater runoff after construction
is completed, shall be designed to include and shall implement post-construction
BMPs to ensure that pollutants and runoff from the development will
be reduced to the MEP and will not cause or contribute to an exceedance
of receiving water quality objectives in accordance with the requirements
defined in the Imperial Beach BMP Design Manual.
D.
Required
BMPs. Development and redevelopment projects must implement source
control BMPs and site design (low impact development) BMPs where applicable
and feasible to maximize stormwater infiltration and pollution control
on site.
E.
Post-Construction
Best Management Practices Required for Priority Development Projects.
Development or redevelopment projects that meet the criteria as a
priority development project shall design and implement post-construction
treatment control BMPs that meet the design criteria for treatment
and retention of stormwater as established in the Imperial Beach BMP
Design Manual and NPDES Permit No. CAS0109266 or as amended. Priority
development projects must develop a stormwater management plan for
post-construction treatment control BMPs for certification by the
City engineer prior to receiving a grading or building permit.
F.
Stormwater
Management Plan Review Deposit. Stormwater management plan review,
fees may be set, from time to time, by resolution of the City Council.
G.
Control
to the Maximum Extent Practicable. All discharges engaged in development
and redevelopment activities shall install, implement and maintain
post-construction BMPs in order to prevent or reduce pollutant discharges
in stormwater from new development to the MEP.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Existing
Development. Dischargers shall maintain the BMPs they rely upon to
achieve and maintain compliance with this chapter.
B.
Post-Construction
BMPs. The owners and occupants of lands on which post-construction
BMPs have been installed to meet the requirements of this chapter
shall ensure the maintenance of those BMPs, and shall themselves maintain
those BMPs if other persons or entities who are also obliged to maintain
those BMPs (by contract or covenant, or pursuant to this chapter)
fail to do so.
C.
Maintenance
Obligations Assumed by Contract or Other Agreement. Primary responsibility
to maintain a BMP may be transferred through a contract or other agreement.
If that contract provides that it will be submitted to the City pursuant
to this chapter as part of a development permit application, and if
that contract is so submitted, the person or entity accepting a maintenance
obligation in such a contact or agreement will also be legally obliged
to maintain that BMP pursuant to this chapter.
D.
Obligation
to Maintain BMPs Not Avoided by Contracts or Other Agreements. For
purposes of City enforcement, no contract or other agreement imposing
an obligation to maintain a BMP can relieve a person or entity of
any obligation to maintain a BMP imposed by this chapter.
E.
Disclosure
of Maintenance Obligations. Any developer who transfers ownership
of land on which a BMP is located or will be located, or who otherwise
transfers ownership of a BMP or responsibility for the maintenance
of a BMP to another person or entity, shall provide clear written
notice of the maintenance obligations associated with that BMP to
the new or additional responsible party prior to that transfer.
F.
Maintenance
Plans for Development Projects. The proponents of any priority development
project that requires a discretionary City permit, shall provide to
the City for review and approval prior to issuance of such permit,
a plan for maintenance of all post-construction BMPs associated with
the project. The plan shall specify the persons or entities responsible
for maintenance activity, the persons or entities responsible for
funding, schedules and procedures for inspection and maintenance of
the BMPs, worker training requirements, and any other activities necessary
to ensure BMP maintenance. The plan shall provide for servicing of
all post-construction structural BMPs at least annually, and for the
retention of inspection and maintenance records for at least three
years.
G.
Access
Easement/Agreement. The proponents of any priority development project
that requires a discretionary City permit, shall provide to the City
for review and approval prior to issuance of such permit an executed,
permanent, easement onto the land on which post-construction BMPs
will be located (and across other lands as necessary for access),
to allow inspection and/or maintenance of those BMPs.
H.
Assurance
of Maintenance for Land Development Projects. The proponents of any
priority development project that requires a discretionary City permit,
shall provide to the City prior to issuance of such permit, proof
of a mechanism acceptable to the City which will ensure ongoing long-term
maintenance of all post-construction BMPs associated with the proposed
project. The proponents shall be responsible for maintenance of BMPs
unless and until an alternative mechanism for ensuring maintenance
is accepted by the City and becomes effective.
I.
Security
for Maintenance for Land Development Projects. If it is determined
by the authorized enforcement official that the public interest requires
the posting of bond or other security to assure the maintenance of
a BMP, such bond or security may be required by the authorized enforcement
official.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Regulatory
Inspections and Certification Programs. Authorized enforcement staff
may establish inspection or certification programs to evaluate and
enforce compliance with the requirements of this chapter. Authorized
enforcement staff may inspect commercial businesses, construction
activities and private residences subject to this chapter at reasonable
times and in a reasonable manner to carry out the purposes of this
chapter. If entry for a regulatory inspection is refused by the facility
owner or operator, or by the occupant of a residence, an inspection
warrant shall be obtained prior to inspection.
B.
Inspections
of Post-Construction BMPs. When any new post-construction BMP is installed
on private property as part of a project that requires a City permit,
in order to comply with this chapter, the property owner shall grant
to the City an easement to enter the property at reasonable times
and in a reasonable manner to ensure that the BMP is working properly.
This includes the right to enter the property without prior notice
once per year for routine inspections, to enter as needed for additional
inspections when the City has a reasonable basis to believe that the
BMP is not working properly, to enter for any needed follow-up inspections,
and to enter when necessary for abatement of a nuisance or correction
of a violation of this chapter.
C.
Scope
of Inspections. Inspections may include all actions necessary to determine
whether any illegal discharges or illegal connections exist, whether
the BMPs installed and implemented are adequate to comply with this
chapter, whether those BMPs are being properly maintained, and whether
the facility or activity complies with the other requirements of this
chapter.
D.
Sampling,
Testing, Inspection, Monitoring, and Reporting. The authorized enforcement
official or authorized enforcement staff may order a discharger to
conduct sampling, testing, inspection or monitoring and to report
the results to the City if: (1) the authorized enforcement official
determines that it is needed to assess whether BMPs are effectively
preventing or reducing pollution in stormwater to the MEP, or to determine
whether the facility is a significant source of contaminants to receiving
waters; or (2) the authorized enforcement official or authorized enforcement
staff determines that sampling, testing, inspection or monitoring
is needed to assess the impacts of an illegal discharge on health,
safety or the environment; or (3) an illegal discharge has not been
eliminated after written notice by an authorized enforcement official
or authorized enforcement staff; or (4) repeated violations have been
documented by written notices from authorized enforcement officials
or authorized enforcement staff; or (5) the RWQCB requires the City
to provide any information related to the discharger's activities.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
In addition to failing to comply with any of the other requirements
of this chapter, the following acts and omissions are violations of
this chapter, whether committed by a discharger or by another person
or entity:
A.
Causing,
Permitting, Aiding, or Abetting Noncompliance. Causing, permitting,
aiding, or abetting non-compliance with any part of this chapter constitutes
a violation of this chapter.
B.
Concealment,
Misrepresentation and False Statements. Any falsification or misrepresentation
made to the City concerning compliance with this chapter, including
any misrepresentation in a voluntary disclosure, any submission of
a report that omits required material facts without disclosing such
omission, and any withholding of information required to be submitted
by or pursuant to this chapter in order to delay City enforcement
action, is a violation of this chapter. Concealing a violation of
this chapter is a violation of this chapter.
C.
Failure
to Promptly Correct Non-Compliance. Violations of this chapter must
be corrected with the time period specified by an authorized enforcement
official or authorized enforcement staff. Each day (or part thereof)
in excess of that period during which action necessary to correct
a violation is not initiated and diligently pursued is a separate
violation of this chapter.
D.
City
Permits and Stormwater Management Plans. Any failure to conform to
an applicable stormwater management plans prepared pursuant to this
chapter; any failure to comply with stormwater-related provisions
of a City-issued grading permit or grading plan prepared to secure
such a permit; and any failure to comply with stormwater-related provisions
in any other City permit or approval, is also a violation of this
chapter. For purposes of this chapter a permit provision or condition
of approval is "stormwater-related" if compliance with the provision
or condition would have the effect of preventing or reducing contamination
of stormwater or of moderating runoff flow rates or velocities, whether
or not the provision or condition was initially imposed to promote
those out-comes.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
Authorized enforcement officials and authorized enforcement
staff may enforce this chapter and abate public nuisances as follows:
A.
Administrative
Authorities.
1.
Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in this chapter and in accordance with Chapter 1.22 of the Imperial Beach Municipal Code. Administrative penalties may include the recovery of fines assessed against the City of Imperial Beach by the RWQCB. Any later-enacted administrative penalty provision in the Imperial Beach Municipal Code shall also be applicable to this chapter, unless otherwise provided therein.
2.
Cease
and Desist Orders. Written and/or verbal orders may be issued to stop
illegal discharges and/or remove illegal connections.
3.
Notice and Order to Clean, Test, or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter, including, but not limited to, abate a discharge that is in violation of Section 8.30.050. In such case, the authorized enforcement official may order the discharger to install, implement, and maintain additional BMPs to prevent or reduce contamination in stormwater and non-stormwater to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. Failures to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
4.
Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and are identified as a public nuisance. If actions ordered pursuant to this chapter are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapter 1.16 of the Imperial Beach Municipal Code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with this procedure.
5.
Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this chapter, or other laws implemented through enforcement of
this chapter, an authorized enforcement official may order the work
stopped by notice in writing served on any person engaged in the doing
or causing such work to be done, and any such person shall immediately
stop such work until authorized by the authorized enforcement official
to proceed with the work.
6.
Permit
Suspension or Revocation. Violations of this chapter may be grounds
for permit and/or other City license suspension or revocation in accordance
with applicable sections of the Imperial Beach Municipal Code.
B.
Judicial
Authorities.
1.
Civil Penalties and Remedies. The Imperial Beach City Attorney or designee is hereby authorized to file civil actions in Superior Court to enforce this chapter, seeking civil penalties and/or other remedies as provided in this section or in Chapter 1.12 of the Imperial Beach Municipal Code. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2.
Injunctive
Relief. The City may enforce compliance with this chapter by judicial
action for injunctive relief. Compliance may include assessment of
the violator for the costs of any investigation, inspection, or monitoring
survey, which led to the establishment of the violation, and for the
reasonable costs of preparing and bringing legal action under this
subsection; and/or the costs incurred in removing, correcting, or
terminating the adverse effects resulting from the violation; compensatory
damages for loss or destruction to water quality, wildlife, fish and
aquatic life. Assessments under this subsection shall be paid to the
City of Imperial Beach to be used for costs associated with monitoring
and establishing stormwater discharge pollution control systems and/or
implementing or enforcing the provisions of this chapter.
3.
Arrest or Issue Citations. Noncompliance with any part of this chapter constitutes a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the State of California; provided however that authorized enforcement officials and authorized enforcement staff may charge any violation of this chapter as an infraction at their discretion. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code and/or a citation and notice to appear as prescribed in Imperial Beach Municipal Code Chapter 1.12 and Part 2 of the California Penal Code, including Section 853.6 (or as amended) may be issued. There is no requirement that administrative enforcement authorities be used before such actions are filed. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials and authorized enforcement staff acting in the course and scope of their employment pursuant to this chapter.
C.
Penalties
and Remedies Not Exclusive. Penalties and remedies under this chapter
may be cumulative and in addition to other administrative, civil or
criminal remedies, and these penalties and remedies are in addition
to or cumulative of any administrative, civil or criminal remedy imposed
by any state or federal agency charged with the enforcement of illegal
or unpermitted stormwater discharges, including enforcement by the
SWRCB or the RWQCB.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
