This chapter shall be known as the "Storm Water Quality Management and Discharge Control Ordinance" of the city of Buellton and may be so cited.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The purpose and intent of this chapter is to protect and enhance the water quality of waters of the state and water bodies in a manner pursuant to and consistent with the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ (Order) and subsequent orders by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.
All regulated projects, except those exempted in the Order and subsequent orders, shall be subject to the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Storm Water Management Requirements for Developmental Projects in the Central Coast Region. In addition, please refer to the Buellton Storm Water Manual that provides the most current applicable BMPs, low impact design tools, and/or post-construction requirements that will be required for all regulated construction projects.
The objectives of this chapter are:
A.
To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;
B.
To prohibit illicit discharges and illegal connections to the MS4;
C.
To eliminate, to the maximum extent practicable, the discharge of pollutants that would degrade the water quality of local creeks and streams;
D.
To reduce storm water runoff rates and volumes and non-point source pollution whenever possible through storm water management controls, and ensuring that these management controls are properly maintained and pose no threat to public safety; and
E.
To establish legal authority to implement and enforce storm water management requirements, and carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The terms used in this chapter shall have the following meanings:
means employees or designees of the director of public works of the city of Buellton designated to enforce this chapter.
means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the municipal storm drain system and waters of the state. Best management practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; soil stabilization, dewatering, source controls, pollution prevention measures 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 Buellton Storm Water Manual.
means a manual provided to staff and/or the public which provides the most current applicable best management practices guides, low impact design tools, and post construction requirements and parameters as established by the Regional Water Quality Control Board and other agencies and by the city of Buellton to be incorporated with city practices and required for owners or developers of construction sites and/or other target audiences.
means the city of Buellton.
means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.
means sites where activities, including, but not limited to, clearing and grubbing, grading, excavating, and demolition.
means contamination as defined in California Water Code Section 13050(k), as amended, as follows:
means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected."
means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.
means a series of topic specific BMP Guides developed for target audiences that provide pollution prevention practices to help eliminate illicit discharges to the MS4.
means any material, including any substance, waste, or combination thereof, 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.
is defined as either of the following:
Any pipe, drain, open channel or other conveyance, whether on the surface or subsurface, which has the potential to allow an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, wash water, and any solid materials and debris to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
Any pipe, drain, open channel or other 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 any direct or indirect non-storm water discharge to the storm drain system including discharges from organized car washes, mobile cleaning and pressure wash operations, except as exempted in Section 15.01.080 of this chapter.
means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b)(14).
means development features designed to reduce run-off and impacts to the post developed site. These features include items such as grass drainage swales, depressed reten-tion/filtration ponds, etc.
means the general, group, and individual storm water discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water 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 storm water.
has the meaning ascribed to nuisance by California Water Code Section 13050(m), as amended, as follows:
means anything which meets all of the following requirements:
Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
Occurs during, or as a result of, the treatment or disposal of wastes."
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; non-hazardous 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 construction wastes such as dirt and sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.; beverage (alcoholic and non-alcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, and waste alcohol; and noxious or offensive matter of any kind.
means 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. Pollution also includes Contamination
means the Porter-Cologne Water Quality Control Act and as amended, California Water Code Section 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 the abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.
means the publicly-owned facilities operated by the city by which storm water 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.
means any surface flow, runoff, and drainage consisting entirely of water from precipitation.
means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
means surface watercourses and water bodies as defined at California Water Code Section 13050, as amended, 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 storm water at and during all times and seasons.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
This chapter, including any amendments or revisions thereto, shall apply to all water entering the storm drain system generated on or flowing over any developed and undeveloped land lying within the city of Buellton.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The director of public works/city engineer for the city ("director") shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the director may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any amendments thereto, or any applicable implementing regulations.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the state caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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 storm water.
A.
Illicit discharges from industrial and/or commercial sources into the storm drain system or waters of the state include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit, or as allowed by the proper application of BMPs as specified within the BMP guide adopted by the city:
1.
Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;
2.
Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial activities;
3.
Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners (individual residential car washing is exempt per subsection B of this section);
4.
Water from the washing or rinsing of vehicles, with or without soap, from auto body 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.
Pools, spas, and backwash water containing chlorine, salt, diatomaceous, or any other pollutant is not permitted;
14.
Wash out from concrete trucks;
15.
`Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed per subsection C of this section;
16.
Super-chlorinated water normally associated with the disinfection of potable water systems;
17.
Construction wastes such as dirt, sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.;
18.
Sewage or other forms of pollutants from recreational activities including boating and camping, and from recreational vehicles and boats;
19.
Wine, beer, and/or distillery manufacturing wastes such as beverage (alcoholic and non-alcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, waste alcohol, or other associated industry waste;
20.
Cooking oil/grease from food service facilities;
21.
Sediment runoff from commercial or industrial properties;
22.
Trash and debris accumulation from commercial and industrial facilities.
B.
The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described as follows:
1.
Discharges other than storm water to waters shall be effectively prohibited, except for the following non-storm water discharges which are not prohibited, provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. This provision does not obviate the need to obtain any other appropriate permits for such discharges:
a.
Water line flushing;
b.
Individual residential car washing;
c.
Diverted stream flows;
d.
Rising groundwater;
e.
Uncontaminated groundwater infiltration (as defined at 40 CFR Section 35.2005(20)) to separate storm sewers;
f.
Uncontaminated pumped groundwater;
g.
Discharges from potable water sources;
h.
Foundation drains;
i.
Air conditioning condensation;
j.
Springs;
k.
Water from crawl space pumps;
l.
Footing drains;
m.
Flows from riparian habitats and wetlands;
n.
Dechlorinated swimming pool discharges; and
o.
Incidental runoff of landscape areas (as defined in accordance with section B.4 of the Order).
Discharges or flows from firefighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to the waters of the U.S. If the city determines that any individual or class of non-storm water discharge(s) listed above may be a significant source of pollutants to waters of the U.S., or poses a threat to water quality standards (beneficial uses), the city may require the discharger to monitor and submit a report and to implement BMPs on the discharge. |
C.
The prohibition shall not apply to any non-storm water discharge permitted under an 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 that 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 of Buellton for any discharge to the storm drain system.
D.
With written concurrence of the Regional Board, the city may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system or waters of the state.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
A.
The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited.
B.
This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection or discharges had been established or approved prior to the ordinance codified in this chapter.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the director prior to or as a condition of a subdivision map, grading permit, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
A.
Generally. Any person engaging in activities that may result in pollutants entering the city's storm water system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include the use of premises that may be a source of pollutants, such as parking lots, gasoline stations, industrial facilities, business enterprises, dwelling units and open spaces/parks.
B.
Litter. No person shall throw, deposit, leave, keep or maintain any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, storm water system, river or any other body of water, or upon any public or private parcel of land, except in proper waste receptacles/containers (for the purposes of trash collection) or in lawfully established waste disposal facilities.
C.
Authorization to Adopt and Impose Best Management Practices. The city may adopt a manual or guide that requires the identification and implementation of BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the state. Where BMPs 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 water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
The Director will periodically report to the city council on the status of implementation of the Storm Water Program including the adoption of a manual or guide that provides the most current applicable BMPs, low impact design tools, and/or post-construction requirements to be implemented by the city staff, owners or developers of construction sites and/or other target audiences.
D.
New Development and Redevelopment. The city shall require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants during the course of construction. The city shall review designs and proposals for new development and redevelopment to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction). 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 the terms, provisions, and conditions of such land use entitlements and building permits as required by the city. In addition, the city shall require any owner or person developing real property to integrate post construction requirements that will control the volume, rate and potential Pollutant load of runoff. These post construction requirements shall comply with the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, "Post-Construction Storm Water Management Requirements for Developmental Projects in the Central Coast Region."
E.
BMP Requirements. The cty requires BMPs to be installed, implemented and maintained through the duration of a project (construction, new or redevelopment) or at a facility (industrial or commercial) to minimize the discharge of pollutants to the storm drain system. These requirements may include a combination of structural and non-structural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.
F.
Construction Sites. The city shall require any owner or developer to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from a construction site to minimize the generation, transport and discharge of pollutants during the course of construction.
The city developed and adopted a Construction Industry's Guide to BMPs that provides a list of typical BMPs that are used in the construction industry that owners or developers will be required to include within a project's Erosion and Sediment Control Plan (E&SCP) and/or Stormwater Pollution Prevention Plan (SWPPP). BMPs include, but are not limited to, erosion control, sediment control, tracking control, run-on and runoff control as well as for good housekeeping, non-stormwater management (including dewatering), stabilized disturbed areas (soil stabilization), post-construction BMPs, etc. The BMP guide also outlines the city's stormwater requirements which are based on project size (total square feet of soil disturbance) and/or creation or replacement of impervious surfaces for the following types of projects:
PROJECT SIZE | STORMWATER REQUIREMENTS |
|---|---|
Any land disturbing activities that may generate pollutants but do not require a grading/building permit Refer to city code for grading/building permit exemptions | • No site plan is required • Discharge of pollutants are prohibited under city code • Implement construction BMPs as appropriate to prevent pollutant discharges and violation of city code |
All projects requiring a grading/building permit Refer to city code for grading/building permit requirements | • Site plan is required • Discharge of pollutants are prohibited under city code • Implement construction BMPs per city code • Prepare and get approval for Erosion and Sediment Control Plan (E&SCP) by city |
All large projects ≥ 1 acre soil disturbance OR < 1 acre but part of a common plan or development (≥ 1 total acres of disturbance) Refer to construction general permit requirements | • Large projects must be permitted before starting any soil disturbances • Implement construction BMPs specified within an approved SWPPP.soil disturbances SWPPPs developed pursuant to the construction general permit may substitute for the E&SCP for those projects where a SWPPP is required, if it contains the requirements of the E&SCP |
Note: Projects that create or replace ≥ 2,500SF or more of impervious surface collectively over the entire project site are regulated projects and must comply with the Central Coast Regional Water Quality Control Board's Post Construction Requirements (R3-2013-0032). Regulated projects must submit a Stormwater Control Plan. Applicants should follow the county of Santa Barbara's Stormwater Technical Guide for Low Impact Development (LID) to assist with the Stormwater Control Plan. (Refer to subsection E of this section). |
The city shall review designs and proposals for the construction site to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction). The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such construction. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required by the city.
G.
Responsibility to Implement and Maintain Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A, B and C above, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the state shall implement and maintain BMPs 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 waters of the state. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be maintained at the operator's or property owner's expense.
H.
Stormwater Pollution Prevention. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, will be required to implement, at said person's expense, additional structural and non-structural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit or storm water/water quality management plan shall be provided and maintained at the owner or operator's expense.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Notwithstanding the requirements of Section 15.01.180 herein, the director may require by written notice that a person or entity responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
A.
The director may require by written notice that a person or entity responsible for an illegal connection to the storm drain system comply with the requirements of this chapter to disconnect an illegal connection until the person or entity can secure approval for the connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of the ordinance codified in this chapter.
B.
If, subsequent to disconnecting a connection found to be in violation of this chapter, the responsible person or entity can demonstrate that an illicit discharge will no longer occur, said person or entity may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible party's expense.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Every person or entity owning property through which a watercourse passes, or such owner's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or such owner's lessee, shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Whenever the director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or waters of the U.S., the public works director may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 15.01.220 through 15.01.250 of this chapter.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The director may require by written notice that any person or entity engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the storm drain system or waters of the state, to undertake at said person's or entity's expense such monitoring and analyses and furnish such reports to the city of Buellton as deemed necessary to determine compliance with this chapter.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
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 illicit discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. from said facility, said 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 services (911). In the event of a release of non-hazardous materials, said person shall notify the city's public works/engineering department in person or by phone or email no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's public works/engineering department, within three business days of the phone/email notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge, the actions taken to contain and clean-up the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. The city will respond to a complaint, or notice of spill, illicit discharge or illegal connection within 72 hours of a non-storm water discharge; and within 24 hours if related to sewage and/or significantly contaminated discharges; and conduct investigation to locate and identify the source of the non-storm water discharge in accordance to the city's Spill Response Plan.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
By September 30th of every year, property owners of parcels or premises containing storm water management facilities shall submit a compliance letter to the public works department. The compliance letter shall certify that the storm water site design measures, treatment measures and source control measures (as applicable) have been properly operated and maintained during the preceding year, and have been recently inspected and repaired as necessary to ensure continued operation. The compliance letter shall also include certification and signature from the property owner, and qualified storm water practitioner (QSP).
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the 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 or designee may enter such premises at all reasonable times to inspect any facility, equipment, practices or operations for active or potential storm water discharges, or non-compliance; and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 13-05 § 3, 2013; Ord. 20-08 §3, 2020)
During any inspection as provided herein, the public works director or designee may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
A.
Facility operators shall allow the city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) ready access to all parts of the premises for the purposes of inspecting any facility, equipment, practices or operations for active or potential storm water discharges, sampling, and to inspect and copy records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
B.
The city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge.
C.
The city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) and shall not be replaced. The costs of clearing such access shall be borne by the operator.
E.
Unreasonable delays in allowing the city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
F.
If the city of Buellton, its staff, authorized contract staff or other designee (authorized enforcement agency) has been refused access to any part of the premises from which storm water is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation or other type of enforcement response as deemed appropriate to the responsible person in accordance to the city's Enforcement Response Plan.
Violations of this chapter may be remedied using the procedures set forth in Title 1, Chapter 1.28 Code Violations, Penalties and Enforcement, of the Buellton City Code. These remedies include the issuance of administrative citations (Chapter 1.30). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violations of this chapter. In addition, the director may require without limitation:
A.
The performance of monitoring, analyses, and reporting;
B.
The elimination of illicit discharges and illegal connections;
C.
That violating discharges, practices, or operations shall cease and desist;
D.
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property must be completed within 72 hours of notification and/or no later than the agreed upon compliance date; and no later than 30 days of notification for uncontrolled sources of pollutants that could pose an environmental threat;
E.
The implementation of source control or treatment BMPs;
F.
Payment of a fine to cover administrative and remediation costs (fines shall be a minimum of $3000 per day and equitable to those imposed through violations of the California State Water Code Section 13385 and Federal Clean Water Act Section 301—penalties of up to $10,000 per day of violation and $10 per gallon of waste discharged);
G.
Cease and desist of operations and shut-off of water meter.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Should the violator require a new timeframe to complete abatement or remediation activities, the director will notify the Regional Board when all parties agree that clean-up activities cannot be completed within the original timeframe and notify the Regional Board in writing five business days of the determination that the timeframe requires revision. |
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
The director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the director, the city of Buellton, its staff, authorized contract staff or other designee 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 of Buellton shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
In addition to the enforcement processes and penalties hereinbefore provided, 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 welfare, and is declared and deemed a 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 may be taken by the city.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2021)
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 of 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. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)
Any civil penalties collected by the city as a result of violations of this chapter shall be deposited in the general fund for appropriation to fund costs related to storm water compliance programs.
(Ord. 13-05 § 3, 2013; Ord. 20-08 § 3, 2020)