The purpose of this chapter is to ensure the future health,
safety, and general welfare of the citizens of the city by:
1. Regulating
non-stormwater discharges to the municipal separate storm drain;
2. Controlling
the discharge to municipal separate storm drains from spills, dumping
or disposal of materials other than stormwater; and
3. Reducing
pollutants in stormwater discharges to the maximum extent practicable;
4. Protecting
and enhancing the water quality of city watercourses, water bodies,
groundwater, and wetlands in a manner pursuant to and consistent with
the Clean Water Act.
(Ord. 1543 § 1, 1997)
The terms as used in this chapter shall have the following meanings:
"40 CFR"
means Title 40 of the Code of Federal Regulations.
"Best management practice (BMPs)"
means schedules of activities, prohibitions of practices,
general good housekeeping practices, maintenance procedures, educational
programs, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to waters of the United
States. BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, and drainage from raw materials storage. The California
Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial
and Construction Activity provide a detailed discussion of BMPs.
"CEQA"
means the California Environmental Quality Act, California
Public Resource Code Sections 21000 et seq., and the regulations thereunder.
"City"
means the city of Palm Springs.
"Clean Water Act"
means the Federal Water Pollution Control Act, amended in
1977 as the Clean Water Act (Title 33 U.S.C. Section 1251 et seq.),
and amended in 1987 to establish new controls on industrial and municipal
stormwater discharges, and any and all subsequent amendments thereto.
"Director"
means the city of Palm Springs Director of Transportation
or his or her designee.
"Discharge"
means any release, spill, leak, pump, flow, escape, dumping,
or disposal of any liquid, semisolid or solid substance except discharges
pursuant to a NPDES permit, exempted discharges or conditionally exempted
discharges.
"Hazardous substance"
means any hazardous substance as that term is defined under
California Health and Safety Code Sections 25281(g), 25501(o) and
25501.1, and pursuant to Title 42, Section 9601(14) of the United
States Code; any hazardous waste as that term is defined under Title
42 Sections 6903(5) of the United States Code, and under California
Health and Safety Code Section 25550(p); any hazardous material as
that term is defined under California Health and Safety Code Section
25501(n); and chemical which the Governor of California has identified
as a chemical known to cause cancer or reproductive toxicity, pursuant
to California Health and Safety Code 25249.8; and any crude oil or
refined or unrefined petroleum product, or any fraction or derivative
thereof, and any asbestos or asbestos containing material. The term
"hazardous substance" includes any amendments to the above-referenced
statutes and regulations.
"Illicit connection"
means any physical connection to a storm drain system which
has not been permitted by the city, the county of Riverside, the Riverside
County Flood Control and Water Conservation District, the Regional
Board, or other appropriate public body.
"Illicit discharge"
means any discharge to the storm drain system that is not
composed entirely of stormwater runoff except discharges made pursuant
to a National Pollutant Discharge Elimination System (NPDES) permit
or as otherwise authorized by the Santa Ana, San Diego, or Colorado
River Basin Regional Water Quality Control Boards.
"Impervious surface"
means any surface that prevents or significantly reduces
the entry of water into the underlying soil resulting in runoff from
the surface in greater quantities and/or at increased rates when compared
to natural conditions prior to development including but not limited
to parking lots, driveways, roadways, storage areas, rooftops. The
impervious surfaces commonly result from paving, compacted gravel,
connected earth, and oiled earth.
"MS4"
means municipal separate storm sewer system.
"Maximum extent practicable"
means the standard for implementation of stormwater management
programs to reduce pollutants in stormwater. Deciding factors shall
include, but are not limited to, gravity of the problem, public health
risk, societal concern, environmental benefits, Pollutant removal
effectiveness, regulatory compliance, public acceptance, chance for
successful implementation, cost and technical feasibility.
"Municipal NPDES permit"
means an area-wide NPDES permit issued to a government agency
or agencies for the discharge of stormwater from a stormwater system.
"Person"
means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity
which is recognized by law as the subject of rights or dues.
"Pollutant"
means the following liquid, solid or semisolid substances,
or any combination thereof:
(A)
Artificial materials, chips or pieces of natural or man-made
materials (such as floatable plastics, wood or metal shavings);
(B)
Household waste (such as trash, paper, plastics, lawn clippings
and yard wastes; animal fecal materials; excessive pesticides, herbicides
and fertilizers; used oil and fluids from vehicles, lawn mowers and
other common household equipment);
(C)
Metals, including but not limited to cadmium, lead, zinc, copper,
silver, nickel, chromium, and non-metals, such as phosphorus and arsenic;
(D)
Petroleum hydrocarbons (such as crude oils, fuels, lubricants,
surfactants, waste oils, solvents, coolants, condensate and grease);
(E)
Excessive eroded soils, sediment and particulate materials;
(F)
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including, stables, show
facilities, or polo fields);
(G)
Substances having characteristics with a pH of less than 6.5
or greater than 8.5, or unusual turbidity, or excessive levels of
fecal coliform, fecal streptococcus or enterococcus;
(H)
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants, glues, limes; excessive pesticides, fertilizers or herbicides;
use of wood preservatives and solvents; disturbance of asbestos fibers,
paint flakes or stucco fragments; application of oils, lubricants,
hydraulic, radiator or battery fluids; construction equipment washing,
concrete pouring and cleanup wash water or use of concrete detergents;
steam cleaning or sand blasting residues; use of chemical degreasing
or diluting agents; and super chlorinated water generated by potable
water line flushing);
(I)
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
(J)
Materials which contain base/neutral or acid extractable organic
compounds;
(K)
Pollutants defined in Title 33 U.S.C. Section 1362(6) of the
Federal Clean Water Act;
(L)
Any other constituent or material that may adversely affect
the beneficial uses of the receiving waters, flora or fauna of the
state, as determined by the state board or the regional board. The
term "pollutant" shall not include uncontaminated stormwater runoff,
potable water or reclaimed water generated by a lawfully permitted
water treatment facility.
"Premises"
means any building, lot, parcel of land, land or portion
of land whether improved or unimproved.
"Receiving waters"
means all surface water bodies within the permit area, including
the White Water River Basin.
"Regional Board"
means the Colorado River Basin Regional Water Quality Control
Board.
"Runoff"
means any runoff including stormwater and dry weather flows
from a drainage area that reaches a receiving water body or subsurface.
During dry weather it is typically comprised of many base flow components
either contaminated with pollutants or uncontaminated.
"Storm drain system"
means any facility by which stormwater may be conveyed to
waters of the United States. The storm drain system includes but is
not limited to any roads with drainage systems, streets, curbs, gutters,
catch basins, natural and artificial channels, ditches, aqueducts,
storm drains, inlets, conduit or other drainage structure.
"Stormwater"
means water which originated from atmospheric moisture (rainfall
or snow melt) and that falls onto land, water, or other surfaces.
"Stormwater runoff"
means surface runoff and drainage associated with rain storm
events and snow melt.
"U.S. EPA"
means the United States Environmental Protection Agency.
(Ord. 1543 § 1, 1997)
This chapter shall be administered for the city by its director
of transportation and his or her designee.
(Ord. 1543 § 1, 1997)
This chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and acts amendatory thereof or
supplementary thereto, applicable implementing regulations, and any
existing or future municipal NPDES permits and any amendments, revisions
or reissuance thereof.
(Ord. 1543 § 1, 1997)
No person shall construct, utilize, maintain, operate or permit
the existence of any illicit connection on any premises owned or operated
by such person that connects directly or indirectly to the storm drain
system. Any illicit connection constructed, utilized, maintained,
operated, or permitted to be operated on any premises owned or operated
by such person from and after the date of the adoption of the ordinance
codified in this chapter shall be terminated and removed and/or otherwise
sealed in a manner approved by the director of transportation.
(Ord. 1543 § 1, 1997)
No person shall use, store, maintain or place any hazardous
substance, including any grease or oil from motor vehicles, machine
parts, or other equipment, in such a manner and/or in areas that create
a release or a threat of a release of hazardous substances into the
storm drain system. The city, county, and/or Regional Board may require
the installation of a spill containment system to prevent or avoid
the creation of any release or threat of a release of such a discharge.
Spill containment systems may include but are not limited to a system
of dikes, walls, barriers, berms, or other devices as may be required.
(Ord. 1543 § 1, 1997)
Any person performing construction work in the city shall comply
with the provisions of this chapter, and Ordinance 457 of the County
of Riverside for erosion and sediment control. A copy of Ordinance
No. 457, an ordinance of the county of Riverside, is on file in the
office of the city clerk.
(Ord. 1543 § 1, 1997)
(a) When
required by the City Engineer, the applicant shall submit hydrology
and hydraulic calculations, and drainage area maps to the City, to
determine the quantity of stormwater runoff generated by a site or
tributary to it, as well as its effects on the site, and to upstream
or downstream properties. Erosion and sediment transfer studies, and
other supporting data may be required as determined by the City Engineer.
(b) Limits
of inundation on the subject property during condition of specified
storm frequencies may be required to be delineated on the grading
plan, along with the submittal of supporting calculations.
(c) The
use of streets for flood control and drainage purposes may be prohibited
by the City Engineer if the use of the streets is not in the interest
of the public health, safety, and welfare. If the City Engineer permits
the use of streets for flood control and drainage purposes, the 10-year
storm frequency design discharge shall be contained between the tops
of curbs or asphalt concrete dikes, and the 100-year storm frequency
design discharge shall be contained within the street right-of-way.
The tributary drainage area for which an applicant is responsible
shall extend to the centerline of adjacent public streets.
(d) On-site
stormwater retention requirements for new development and redevelopment
projects in the City of Palm Springs are defined as follows:
(i) A required on-site stormwater retention system shall have sufficient
capacity to contain the volume of stormwater runoff representing the
difference between the existing (undeveloped) condition and the proposed
(developed) condition resulting from the most conservative duration
(1-hour, 3-hour, 6-hour, or 24-hour) 100-year storm (hereafter defined
as the "project storm"). This volume of stormwater runoff is defined
as the "incremental volume of stormwater runoff".
(ii) For single family residential in-fill lots, if a drainage area is
70% or more developed, individual single family residential projects
located on an in-fill lot will be exempt from the on-site stormwater
retention requirements, except in the case of hillside lots. A "drainage
area" is defined as the area within the boundaries of the separate
drainage areas defined on the Master Drainage Plan for the Palm Springs
Area (either "North", "Central", "South", "East", "Southeast", or
"Eagle Canyon") or as may be determined by the City Engineer. Front
yards shall drain to the street unless constrained by the overall
lay of the land. Hillside development shall be designed to retain
on-site the incremental volume of stormwater runoff.
(iii) For non-residential (commercial or industrial) in-fill lots, if a
drainage area is 70% or more developed, non-residential (commercial
or industrial) construction projects two (2.0) acres or less in size,
will be exempt from the on-site stormwater retention requirements,
except in the case of hillside development. Hillside development shall
be required to retain on-site the incremental volume of stormwater
runoff.
(iv) If an existing retention or disposal site is available and has adequate
capacity to accept the incremental volume of stormwater runoff, an
on-site retention system may be eliminated if a drainage system is
provided which adequately conveys the incremental volume of stormwater
runoff to the existing retention or disposal site as approved by the
City Engineer. Such a drainage system shall include a provision to
fully address disposal of nuisance water to the satisfaction of the
City Engineer.
(v) On-site retention areas shall be clearly shown on site plans to demonstrate
compliance with these stormwater retention requirements. Site plans
shall be designed to ensure that adequate area exists for on-site
retention, minimizing the use of parkway and setback landscaped areas
exclusively as retention areas. Parkway and setback landscaped areas
shall balance the need for retention and community/project design.
As a general rule, a maximum of 40% to 50% of any parkway and setback
landscape area may be designed as a retention area. Retention basin
side slopes and depth shall be subject to the approval of the City
Engineer.
(vi) In the design of retention facilities, the maximum percolation rate
shall be two inches per hour. The percolation rate shall be considered
zero unless the applicant provides site-specific data that indicates
otherwise.
(vii) The site shall be graded to allow stormwater runoff in excess of
the incremental volume of stormwater runoff to flow out of the site
through a designated overflow outlet and into the historic drainage
relief route. Stormwater runoff historically received from adjoining
property shall be received and retained on-site, or passed through
to the historic downstream drainage relief route.
(viii)
No site design shall cause any increase in flood boundaries,
flood levels, flood duration or flood occurrence in any off-site area.
(e) The civil engineer or design professional responsible for preparation of the plans shall certify that the building pads to be created through any proposed grading are free from inundation from stormwater runoff from the project storm, and to provide floodplain elevations and widths, sheet flow depths, floodway elevation and widths (in accordance with the Palm Springs Municipal Code Chapter
8.68 for Flood Damage Prevention), and any other data required by the City Engineer, or by any applicable county, state, or federal flood protection or insurance program or requirement.
(Ord. 1543 § 1, 1997; Ord. 1768 § 1, 2010)
All industrial dischargers, dischargers associated with construction
activity, or other discharger subject to any NPDES permit issued by
the United States Environmental Protection Agency, the State Water
Resources Control Board, the Santa Ana Regional Water Quality Control
Board, the San Diego Regional Water Quality Control Board or the Colorado
River Basin Regional Water Quality Control Board, shall comply with
all requirements of such permit or permits. Proof of compliance with
said NPDES general permits may be required in a form acceptable to
the director of transportation prior to issuance of any city grading,
building, or occupancy permits.
(Ord. 1543 § 1, 1997)
Where BMP guidelines or requirements have been adopted by the
city or by any federal, state of California, regional, and/or county
agency, for any activity, operation, or facility which may cause or
contribute to stormwater pollution or cause pollutants to be discharged
to the storm drain system, every person undertaking such activity
or operation, or owning or operating such facility shall comply with
such guidelines or requirements as may be identified by the director
of transportation.
(Ord. 1543 § 1, 1997)