Each industrial discharger described in any general stormwater
permit addressing such discharges, as may be adopted by the United
States Environmental Protection Agency, the State Water Resources
Control Board, or the California Regional Water Quality Control Board,
Central Valley Region, or the City shall provide notice of intent
to comply with, and undertake all other activities required by any
general stormwater permit applicable to such discharges. Furthermore,
each discharger identified in an individual NPDES permit relating
to stormwater discharges shall comply with and undertake all activities
required by such permit.
(Prior code § 7-853)
Following the adoption of the ordinance codified in this chapter,
the first revision of the business plan for any facility subject to
the City's hazardous materials inventory and response program shall
include sections which address the elimination of any or all illicit
connections, prohibition of all illicit discharges, inspection compliance
procedures to assure the success of the program, and the general requirement
to reduce stormwater pollutants to the maximum extent practicable.
(Prior code § 7-854)
The provisions of this chapter shall not operate to deprive
any landowner of substantially all of the market value of his or her
property or otherwise constitute an unconstitutional taking without
compensation.
(Prior code § 7-855)
A.
Information
and data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs, and from inspections shall be made
available to the EPA, State agencies, and other local governmental
agencies consistent with applicable law. Such information and data
shall also be made available to the public or other nongovernmental
agencies unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets of the user. However, in no event shall
stormwater constituents and characteristics be recognized as confidential
information.
B.
Information
accepted by the City as confidential shall not be transmitted without
the City Attorney's approval. Furthermore, when requested by the person
furnishing a report for uses related to this chapter, the National
Pollutant Discharge Elimination System (NPDES) Permit, State General
Industrial Storm Water Permit and/or State General Construction Activity
Water Permit, the portions of a report which might disclose trade
secrets or secret processes shall not be made available when requested
by the public or nongovernmental agencies. However, such portions
of such reports shall be made available to the EPA, State agencies,
or local governmental agencies upon the written request of such agency
consistent with applicable law.
(Prior code § 7-856)
Special agreements and arrangements between the City and any
persons or agencies may be established when, in the opinion of the
City, unusual or extraordinary circumstances compel special terms
and conditions. However, in no event shall any such agreement be interpreted
so as to authorize the violation or waiver of applicable standards
or requirements as delineated in the City's NPDES permit.
(Prior code § 7-857)
