The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the city and to protect and enhance watercourses, fish and wildlife habitat by:
A. 
Minimizing discharges other than storm runoff to the stormwater conveyance system or watercourses;
B. 
Responding to the discharge of spills, preventing and controlling the discharge of spills to the stormwater conveyance system or watercourses, and prohibiting dumping or disposal of materials other than stormwater;
C. 
Reducing pollutants in urban stormwater discharges to the maximum extent practicable;
D. 
Requiring operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices (BMPs); and
E. 
Requiring newly developed and redeveloped lands to reduce the rate and quantity of stormwater runoff, prevent stormwater pollution through stormwater management controls, and properly maintain these management controls.
This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004 (Phase II Stormwater Permit) or subsequent revisions and amendments thereto.
(Ord. 15-2 § 3)
A. 
Agricultural lands, as defined in Title 8 Chapter 28, are exempt from the provisions of this chapter.
B. 
This exemption, and as provided in Title 8 Chapter 28, shall not invalidate any provision contained in the Health and Safety Code, city weed abatement ordinance, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code if the agricultural operation, or appurtenance thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.
(Ord. 15-2 § 3)
Any terms defined in the Phase II Stormwater Permit, the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in said act or regulations. Such terms include, but are not limited to, the following:
"Authorized enforcement official"
means the following city officials: city manager or other staff designated by the city manager.
"Best management practices" or "BMPs"
mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the municipal stormwater conveyance system and waters of the United States. BMPs include, but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater; sludge or waste recycling or disposal; 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.
"City"
means the city of West Sacramento.
"City manager"
means the city manager for the city of West Sacramento or authorized representative.
"Clean Water Act"
means the federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and any subsequent amendments thereto.
"Construction activity"
means private and public construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, paving, grading, disturbances to ground such as stockpiling, excavating and demolition. Construction projects disturbing more than one acre of land are subject to compliance with the SWRCB-issued NPDES General Permit No. CAS000002 establishing waste discharge requirements ("WDRs") for discharges of stormwater runoff associated with construction activity, as amended from time to time.
"Development"
means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project, industrial, commercial, retail, transportation, institutional, or other nonresidential project including public agency projects.
"Development runoff requirements"
means the provisions in the Phase II Stormwater Permit that contain design standards or performance criteria to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.
"Discharge of a pollutant"
means the addition of any pollutant or combination of pollutants to waters of the United States from any point source within the jurisdiction of the city. The term includes addition of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. (See definition of pollutant.)
"Erosion"
means the physical detachment of soil due to wind or water. Often the detached fine soil fraction becomes a pollutant transported in storm water runoff.
"Erosion control"
means BMPs used to minimize soil detachment.
"Erosion and sediment control plan"
means a plan prepared to control erosion and minimize pollutant, including sediment, discharges from a development or other construction activity.
"Hazardous materials"
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 (California Health and Safety Code Section 25117).
"Illicit connection"
means any physical connection to the stormwater conveyance system which is not expressly authorized by the city after the effective date of the ordinance codified in this chapter.
"Illicit discharge"
means any nonpermitted or nonexempt discharge to the stormwater conveyance system that violates this chapter or is prohibited under federal, state, or local statutes, ordinances, codes, or regulations, or which degrades the quality of receiving waters. The term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater, and discharges that are identified under Section 13.10.090 of this chapter. The term does not include discharges that are regulated by an NPDES permit (other than the NPDES permit for discharges from the MS4).
"Incidental irrigation runoff"
means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
"Industrial activity"
means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14) and consistent with SWRCB-issued NPDES General Permit No. CAS000001 establishing waste discharge requirements ("WDRs") for discharges of stormwater runoff associated with industrial activities excluding construction activity, as amended from time to time.
"Low impact development (LID)"
means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's predevelopment runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.
"Maximum extent practicable (MEP)"
means a standard for water quality that applies to all MS4 operators regulated under the NPDES program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the administrator or the state determines appropriate for the control of pollutants.
"National Pollutant Discharge Elimination System (NPDES) permit"
means a general, group and individual National Pollutant Discharge Elimination System permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board (SWRCB), or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States. The California Regional Water Quality Control Board, Central Valley Region (Regional Board), and the SWRCB have adopted general stormwater discharge permits, including but not limited to, the general construction activity and general industrial activity permits.
"Non-stormwater discharge"
means any discharge to the storm drain system that is not composed entirely of stormwater.
"Phase II stormwater permit"
means the NPDES general stormwater permit applicable to the city, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.
"Pollutant"
means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: dredged soil; incinerator residue; filter backwash; biological materials; munitions; chemical wastes; radioactive materials; heat; dumped yard wastes; rock, sand and cellar dirt; industrial, municipal and agricultural waste discharged into water; sediment; commercial and household carpet washing waste water; paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes; refuse, rubbish, garbage, litter or other wrecked or discarded or abandoned equipment, objects, articles and accumulations so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, sewage sludge, fecal coliform and pathogens; dissolved and particulate metals; animal wastes and manure; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries and concrete rinsates); and noxious or offensive matter of any kind.
"Pollution"
means the 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 (California Water Code Section 13050).
"Porter-Cologne Act"
means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).
"Post-construction BMPs"
mean structural and non-structural controls which detain, retain, or treat runoff to minimize the discharge of runoff and pollutants from a development site for the life of the project after final stabilization is attained.
"Premises"
means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
"Runoff control plan"
means the plan that meets the post-construction requirements of the Phase II permit and runoff control requirements of Section 15.08.280.
"Sediment control"
means best management practices used to trap and/or retain detached soil before discharging off a construction site.
"Storm drain system"
means publicly-owned stormwater drainage conveyance facilities operated by the city or privately-owned stormwater drainage conveyance facilities operated by private entities by which stormwater is collected and/or conveyed to waters of the United States, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, gutters, curbs, ditches, inlets, piped storm drains, pumping facilities, retention and detention basins, reclamation ditches, natural and human-made or altered drainage channels and reservoirs, which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
"Stormwater" or "storm runoff"
means any surface runoff, stormwater runoff, snow melt runoff and drainage consisting entirely of water from rain storm events.
"Stormwater conveyance system"
has the same meaning as "storm drain system."
"Stormwater facilities operation and maintenance plan"
means a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.
"Stormwater management facility"
means any device designated to detain, retain, filter, or infiltrate stormwater.
"Urban runoff"
means stormwater runoff from an urbanized area, including streets and adjacent domestic and commercial properties that carry pollutants of various types into the storm drain system and watercourses.
"Urbanized area"
means a densely settled core of census tracts and/or census blocks that have population of at least fifty thousand, along with adjacent territory containing nonresidential urban land uses as well as territory with low population density included to link outlying densely settled territory with the densely settled core.
"Watercourse"
means a channel or depression in which a flow of water occurs, either continuously or intermittently.
"Waters of the United States"
means surface watercourses and water bodies as defined at 40 CFR 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.
(Ord. 15-2 § 3)
In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit.
(Ord. 15-2 § 3)
The provisions of this chapter shall be applicable to all dischargers and potential dischargers located within the incorporated area of the city and all dischargers located outside the city limits that discharge either directly or indirectly into the city stormwater conveyance system.
(Ord. 15-2 § 3)
Except as otherwise provided, the city manager shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel. In administering this chapter, the city manager has the authority to request and require the submittal of information deemed necessary to assess compliance with this chapter and the Phase II Stormwater Permit.
Where storm drains and/or watercourses have been accepted for maintenance by a public agency legally responsible for certain storm drains and/or watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency (through contract or agreement executed by the city and such agency) with respect to those storm drains and/or watercourses for which they have accepted maintenance.
(Ord. 15-2 § 3)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. The city council hereby declares that it would have adopted the ordinance codified in this chapter irrespective of the invalidity of any particular portion thereof.
(Ord. 15-2 § 3)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be protection from liability including civil penalties or that there will be no contamination, pollution nor unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the city of West Sacramento, 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. 15-2 § 3)