The purpose and intent of this chapter is to ensure the public health, safety and general welfare of the citizens of Sand City and the region and to protect and enhance the water quality of watercourses and water bodies in a manner consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting nonstormwater discharges to the storm drain system.
The terms used in this chapter shall have the following meanings:
means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include, but are not limited to: treatment facilities to remove pollutants from stormwater, operating and maintenance procedures; facilities management practices to control runoff, spillage or leaks of nonstormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants. Please refer to the City's Best Management Guidance Series, as described further in Section 13.05.100 of this chapter, for specific requirements.
means the City of Sand City.
mean the Federal Water Pollution Control Act (33 U.S.C. Sections 1251 et seq.), and any subsequent amendments thereto.
means construction projects subject to NPDES construction permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
means any material, including any substance, waste or combination there of, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section 13.05.060 of this chapter.
means either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by a government agency; or
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the City.
means activities subject to NPDES industrial permits as defined in Title 40, Code of Federal Regulations, Section 122.26(b)(14).
means general, group or individual stormwater discharge permits defined in the National Pollutant Discharge Elimination System regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board and the State Water Resources Control Board have adopted general stormwater discharge permits, including, but not limited to, the general construction activity and general industrial activity permits.
means any discharge to the storm drain system that is not composed entirely of stormwater.
means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
means human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
means the Porter-Cologne Water Quality Control Act and as amended, California Water Code Sections 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 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 Title 40, Code of Federal Regulations, Section 122.2.
means any surface flow, runoff, and drainage consisting entirely of water from rain storm events.
means surface watercourses and water bodies as defined in Title 40, Code of Federal Regulations, Section 122.2, including all natural waterways and definite channels and depressions in the earth, that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City. The provisions and requirements of this chapter shall become effective upon adoption by the City Council, except that:
A.
The provisions and requirements pertaining to construction sites, as described in Section 13.05.100(C) and in the BMP Guidance Series as described in Section 13.05.100(A), shall not become effective until September 8, 2008, and
B.
The provisions and requirements pertaining to new development and redevelopment as described in Section 13.05.100(D), shall not become effective until September 8, 2008. In addition, the provisions and requirements pertaining to new development and redevelopment as mandated by Regional Board Resolution No. R3-2013-0032 shall not become effective until March 6, 2014.
The Public Works Director of the City shall administer, implement and enforce the provisions for this chapter. Any powers granted or duties imposed upon the Public Works Director may be delegated in writing by the Public Works Director to persons or entities in the beneficial interest of, or in the employ of, the City.
The requirements of this chapter are minimum standards and are not intended to imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the 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. All persons conducting construction activities shall employ, to the maximum extent practicable, erosion prevention and construction site management practices that result in the following outcome: no discharges that cause or contribute to an exceedence of the water quality standards contained in a Statewide Water Quality Control Plan, the California Toxics Rule, or the Central Coast Regional Water Quality Control Board Basin Plan.
No person shall discharge or cause to be discharged into the municipal storm drain system or water courses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
A.
Illegal discharges from industrial and/or commercial activities include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit or is allowed by BMPs published or approved by the Public Works Department.
1.
Water from the cleaning of gas stations, vehicle services garages, or other types of vehicle service facilities.
2.
Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other commercial and industrial operations.
3.
Water from the washing or rinsing of vehicles, containing soap, detergents, solvent, or other cleaners.
4.
Water from the washing or rinsing of vehicles, with or without soap, from auto repair shops.
5.
Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning.
6.
Vehicle fluids.
7.
Mat wash and hood cleaning water from food service facilities.
8.
Food and kitchen cleaning water from food service facilities.
9.
Leakage from dumpsters or trash containers.
10.
Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained.
11.
Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces.
12.
Wastewater or cleaning fluids from carpet cleaning.
13.
Swimming pool and spa water.
14.
Wash out from concrete trucks.
15.
Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored.
16.
Super-chlorinated water normally associated with the disinfection of potable water systems.
B.
The discharge of sewage or other forms of polluted water from recreational activities, including boating and camping, and from recreational vehicles and boats, to the municipal storm drain system or watercourses is prohibited.
C.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except that discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the Porter-Cologne Act, Clean Water Act or this chapter.
1.
Water line flushing.
2.
Landscape irrigation.
3.
Diverted stream flows.
4.
Rising ground waters.
5.
Uncontaminated ground water infiltration (as defined in Title 40, CFR, Section 35.2005(b)(20)) to separate storm sewers.
6.
Uncontaminated pumped ground water.
7.
Discharges from potable water sources.
8.
Foundation drains.
9.
Air conditioning condensation.
10.
Irrigation water.
11.
Springs.
12.
Water from crawl space pumps.
13.
Footing drains.
14.
Lawn watering.
15.
Individual residential car washing.
16.
Flows from riparian habitats and wetlands.
17.
Dechlorinated swimming pool discharges.
18.
Flows from fire fighting activities.
D.
The prohibition shall not apply to any nonstormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency; provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City for any discharge to the storm drain system.
E.
With written concurrence of the Regional Board, the City may exempt in writing other nonstormwater discharges which are not a source of pollutants to the storm drain system or waters of the U.S.
The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited. This prohibition expressly includes, without limitations, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway area, street, alley, sidewalk, component of the storm drain system, or waters of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to, or as a condition of, a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or any other reasonable cause.
A.
Authorization to Adopt Best Management Practices. The City shall adopt requirements identifying Best Management Practices (BMPs) for activities, operations, or facilities which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States as a separate BMP guidance series. Where BMP requirements are promulgated by the City or any federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
The Public Works Director will periodically report to the City Council on the status of implementation of BMPs and any new BMPs to be developed for inclusion in the BMP guidance series.
B.
Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to Section 13.05.100(A), any person engaged in activities or operations or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the United States shall implement Best Management Practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expenses.
C.
Construction Sites. The City's BMP guidance series will include appropriate BMPs to reduce pollutants in any stormwater runoff from construction activities. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with terms, provisions, and conditions of such land use entitlements and building permits as required by this chapter.
Construction activities subject to these requirements will also be required to continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
D.
New Development and Redevelopment. The City's BMP guidance series will include BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlements and building permits as required in this chapter. These requirements may include a combination of structural and non-structural BMPs and may include requirements to ensure the proper long-term operation and maintenance of these BMPs.
The Public Works Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge to prevent the occurrence of future illegal discharges.
A.
The Public Works Director may require by written notice that a person responsible for an illegal connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this chapter.
B.
If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.
Whenever the Public Works Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the Public Works Director may require by written notice to the property owner and/or the responsible person that the pollution be remediated and the affected property restored within a specified time.
The Public Works Director may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this chapter.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States from said facility, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch (911). In the event of a release of non-hazardous materials, said person shall notify the City's Public Works Department in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notification in person or by phone shall be confirmed by written notice addresses and mailed to the City's Public Works Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspection has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
During any inspection as provided in this chapter, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the inquiry or to record site activities.
The primary focus of this chapter is to reduce and control stormwater impacts, and the City will use the amount of enforcement necessary to achieve compliance. Where possible, the City will rely on education rather than enforcement. The City Manager may provide educational programs or other informational materials that will assist in meeting the desired erosion and sedimentation controls and other stormwater management practices outcomes.
(Ord. 19-01 §2)
Whenever the Public Works Director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
A.
The performance of monitoring, analyses, and reporting;
B.
The elimination of illicit connections or discharges;
C.
That violating discharges, practices, or operations cease and desist;
D.
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
E.
Payment of a fine to cover administrative and remediation costs; and
F.
The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline for when such remediation or restoration must be completed. The notice shall further advise that should the violator fail to remediate or restore within the established deadline the work may be done by the City or a contractor designated by the Public Works Director and the expense thereof shall be charged to the violator. |
Whenever any activity is being done contrary to and in violation of this chapter, the Public Works Director may order the related activity stopped by issuing a written stop work order on the responsible party. The responsible party shall forthwith stop such work in compliance with the stop work order until authorized by the Public Works Director to proceed.
In addition to any other remedies available at law or in equity to the City for violations of this chapter, the City may issue an administrative compliance order for any violation. The order shall be in writing, specifying the violations(s) and require compliance measures.
All notices/orders shall be served by personal service or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received for purposes of any time computations herein, three days after the dated mailed, if to an address with this State and seven days after the date mailed, if to an address outside this State.
Any person receiving a notice of violation, stop work order or administrative compliance order any appeal the determination of the Public Works Director to the City Manager. The notice of appeal must be received by the City Manager 15 days from the date of the notice of violation or stop work order. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant's objections and the appeal shall be dismissed. Hearing on the appeal before the City Manager or his/her designee shall take place within 30 days from the date of City's receipt of the notice of appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and place of the hearing to the appellant. The decision of the City Manager or designee shall be final.
(Ord. 19-01 §2)
If the violation has not been corrected pursuant to the requirements established in the notice of violation, or in the event of an appeal, under Section 13.05.230, within 10 days of the decision of the City Manager upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director shall enter upon the subject property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It is unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter the premises for the purposes set forth above.
(Ord. 19-01 §2)
Within 30 days after abatement of the nuisance by the City, the Public Works Director shall notify the property owner of the cost of abatement including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final.
If the amount due to the City is not paid to the City within 10 days of the decision of the City Council or the expiration of the time in which to file an appeal under this chapter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
The Public Works Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety and general welfare of the public. If any such violation is not abated immediately as directed by the Public Works Director, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. All remedies for violation for the provisions of this chapter are cumulative.
Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and the general welfare, and is declared to be a public nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions for those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.
(Ord. 07-01; Ord. 14-01)