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.
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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.
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(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:
means the following city officials: city manager or other
staff designated by the city manager.
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.
means the city of West Sacramento.
means the city manager for the city of West Sacramento or
authorized representative.
means the federal Water Pollution Control Act (33 U.S.C.
Section 1251 et seq.) and any subsequent amendments thereto.
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.
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.
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.
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.)
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.
means BMPs used to minimize soil detachment.
means a plan prepared to control erosion and minimize pollutant,
including sediment, discharges from a development or other construction
activity.
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).
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.
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).
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.
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.
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.
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.
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.
means any discharge to the storm drain system that is not
composed entirely of stormwater.
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.
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.
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).
means the Porter-Cologne Water Quality Control Act and as
amended (California Water Code Section 13000 et seq.).
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.
means any building, lot, parcel, real estate, or land or
portion of land whether improved or unimproved, including adjacent
sidewalks and parking strips.
means the plan that meets the post-construction requirements of the Phase II permit and runoff control requirements of Section 15.08.280.
means best management practices used to trap and/or retain
detached soil before discharging off a construction site.
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.
means any surface runoff, stormwater runoff, snow melt runoff
and drainage consisting entirely of water from rain storm events.
has the same meaning as "storm drain system."
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.
means any device designated to detain, retain, filter, or
infiltrate stormwater.
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.
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.
means a channel or depression in which a flow of water occurs,
either continuously or intermittently.
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)
