This chapter shall be known as the "City of Stockton Stormwater Management and Discharge Control Ordinance" and may be so cited.
(Prior code § 7-800)
This establishes uniform requirements for protecting and enhancing the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act. This chapter is also intended to promote the future health, safety, general welfare, and protection of property of the City citizens by establishing requirements for:
A. 
Operating and maintaining the municipal stormwater system.
B. 
Eliminating nonstormwater discharges to the municipal separate storm drain.
C. 
Controlling the discharge to municipal separate storm drains from spills, dumping, or disposal of materials other than stormwater.
D. 
Reducing pollutants in stormwater discharges to the maximum extent practicable.
(Prior code § 7-801)
A. 
The following words, when used in this chapter, shall have the meanings as ascribed below:
"Act"
means the Federal Water Pollution Control Act, including any amendments thereto, referred to as the Clean Water Act or CWA.
"Approval authority"
means the State of California Central Valley Regional Water Quality Control Board (Region 5) (also "RWQCB").
"Authorized enforcement officer"
means the Director of Municipal Utilities and those individuals designated by the Director to enforce the provisions of this chapter.
"Authorized representative of industrial activity"
means an authorized representative of an industrial user may include, but is not limited to, the following persons:
1. 
A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
2. 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
3. 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the discharge originates.
"Best Management Practices ("BMPs")"
means any program, technology, process, siting criteria, operating method, measure, device, schedule of activities, prohibition, practice (including, but not limited to, general housekeeping practices and pollution prevention practices), procedure or other management policy which controls, prevents, removes, or reduces the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include plans addressing the treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"California General Construction Activities Stormwater Permit"
means the general permit as adopted by the California State Water Resource Control Board for the permitting of stormwater discharges associated with construction activities.
"California General Industrial Activities Stormwater Permit"
means the general permit as adopted by the California State Water Resource Control Board for the permitting of stormwater discharges associated with given industrial activities.
"Certificate of exemption (COE)"
means written notification from the City certifying that a discharger has developed and implemented an effective Stormwater Pollution Prevention Plan, and is exempted from sampling requirements.
"CFR"
means Code of Federal Regulations.
"City"
means the City of Stockton.
"City storm drainage system"
means and includes, but is not limited to, those facilities owned and operated by the City through which stormwater may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains which are not part of a publicly owned treatment works ("POTW") as defined at 40 Code of Federal Regulations Section 122.2 and all conduits, pumping plants, collection facilities, and other appurtenances owned and operated by the City for carrying, collecting, pumping, and/or disposing of stormwater, surface water, groundwater, roof runoff, or other unpolluted water.
"Collection system"
means the combined pipes, conduits, maintenance holes, and other structures either above or underground, primarily used to convey stormwater.
"Commercial Customer Class"
means and includes all land use parcels not identified in the Residential Class, Industrial Class, and Institutional Class.
"Composite sample"
means the sample resulting from a combination of individual samples taken at selected intervals based on increments of flow or time.
"Condition of acceptance (COA)"
means written notification from the control authority indicating the conditional acceptance of an industry's or other designated facility's stormwater discharge to the City storm drainage system.
"Control authority"
means the Director of the City Municipal Utilities Department or the Director's duly appointed representative.
"Cooling water"
means the water discharged from any uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
"Co-permittees"
means co-applicants on an NPDES application.
"Density development factor"
means the average percent impervious coverage for parcels in a given custom class.
"Director"
means the Director of the City Municipal Utilities Department.
"Discharge of a pollutant"
means: (i) any addition of any pollutant to navigable waters from any point source, or (ii) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
"Equivalent Residential Unit ("ERU")"
means the total amount of impervious area for all residential parcels in the service area divided by the total number of residential units.
"Facility"
means any nonresidential premises.
"Illicit discharge"
means any discharge to the City storm drainage system that is not composed entirely of stormwater except discharges, pursuant to a NPDES permit, and discharges expressly exempted elsewhere in this chapter.
"Impervious area"
means the portion of a parcel which is covered by pavement or contains other hard surfaces such as concrete walkways, buildings, roofs, etc., which causes or facilitates stormwater runoff.
"Industrial activity"
means any activity that involves manufacturing, processing, or raw materials storage areas. Further definition of activities covered is given in 40 Code of Federal Regulations Section 122.26(b).
"Inspector"
means an authorized enforcement officer as defined above.
"Institutional customer class"
means and includes private/public schools, junior colleges, colleges/universities, cemeteries, hospitals (not in commercially zoned property), garden and agriculturally zoned property, and public land agencies.
"Level 1 priority—industrial facilities"
means municipal landfills, hazardous waste treatment, disposal, and recovery facilities, industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system.
"National Pollution Discharge Elimination System ("NPDES") permit"
means a permit issued by the approval authority pursuant to the Act which authorizes discharges to the waters of the State from the City storm drainage system.
"Nonresidential Customer Class"
means and includes all other classes of land use identified in the code, further classified as commercial, industrial, and institutional for stormwater purposes.
"Nonstormwater discharge"
means any discharge that is not entirely composed of stormwater.
"Notice of intent ("NOI")"
means the formal notification to the State Water Resources Control Board by the applicant that either a construction or industrial activity will occur in compliance with the conditions of the general permit and thereby commits the applicant to prepare and implement a Stormwater Pollution Prevention Plan.
"Outfall"
means the point at which the City storm drainage system discharges to the waters of the State.
"Person"
means any natural person, corporation, or association or other entity.
"Point of discharge"
means the point at which any private drainage, concentrated, or sheet flow enters the City storm drainage system.
"Pollutant"
means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
"Premises"
means any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips or other surface area which is capable of contributing runoff to the City storm drainage system.
"Priority industrial facility ("PIF")"
means an industry required to file an NOI in accordance with the California General Industrial Activities Stormwater Permit.
"Rate structure"
means the method, or formula, used to calculate the service charge for each customer class.
"Residential customer class"
means and includes all single-family, two-family, apartments, and townhouse land use parcels identified in the Stockton Municipal Code.
"Standard Industrial Classification ("SIC")"
means the standardized classification of all industrial users by their primary processes, products, or services as set forth in the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of the ordinance codified in this chapter and as amended from time to time thereafter.
"State"
means the State of California.
"Stormwater"
means stormwater runoff, snow melt runoff, and surface runoff and drainage.
"Stormwater pollution prevention plan ("SWPPP")"
means the report required by the control authority of stormwater dischargers which sets forth the site map, identifies the activities that have the potential to pollute stormwater which may enter the City storm drainage system, and describes the proposed BMPs to be implemented by the discharger.
"Unpolluted water"
means water to which no pollutant has been intentionally or accidentally introduced so as to render such water unacceptable to the City for disposal to storm or natural drainages or directly to surface waters.
"User"
means any person who contributes, causes, or permits the contribution of stormwater to the City storm drainage system.
"User classification"
means a classification of user based on the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of said ordinance and as amended from time to time thereafter.
"Waters of the State"
means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
B. 
Any terms defined in the Federal Clean Water Act and any 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, and as thereafter amended from time to time and which are not specifically defined in subsection A of this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation.
(Prior code § 7-802)
The rules and regulations set forth in this chapter shall be construed in a manner consistent with and shall in no way be construed in such a manner so as to diminish the authority of the requirements of the Federal Water Pollution Control Act and any amendments thereto, referred to as the Clean Water Act, and any amendments or supplements thereto and its applicable implementing regulations; the City NPDES permit and any amendment, revision, or reissuance thereof; and all other provisions contained in the Stockton Municipal Code, particularly, those in Titles 1, 8, 10, 13, 15 and 16.
(Prior code § 7-804)