This chapter shall be known as the "City of Stockton Grading and Erosion Control Ordinance" and may be so cited.
(Prior code § 13-500; Ord. 2021-01-26-1601 § 2)
This chapter establishes uniform requirements for protecting and enhancing the water quality of our watercourses, water bodies, and wetlands in a manner 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 citizens of the City by establishing requirements for:
A.
Clearing and grubbing, grading, filling and excavation of land to minimize damage to surrounding property, public right-of-way, and degradation of water quality;
B.
Controlling the discharge of sediments and pollutant runoff from construction related activities to municipal separate storm drains; and
C.
Reducing pollutants in stormwater discharges to the maximum extent practicable.
(Prior code § 13-501; Ord. 2021-01-26-1601 § 2)
A. "Act" "Authorized enforcement officer" "Best management practices (BMPs)" "California BMP Handbooks" "California General Construction Activities Stormwater Permit (CGP)" "CFR" "City" "City storm drainage system" "Clearing and grubbing" "Collection system" "Construction activity" "Construction site" "CVRWQCB" "Director" "Discharge of a pollutant" "Erosion control measures" "Erosion and sediment control plan (ESCP)" "Good housekeeping" "National pollutant discharge elimination system (NPDES) permit" "Nonstormwater discharge" "Notice of intent (NOI)" "Outfall" "Permit holder" "Person" "Point of discharge" "Point source" "Pollutant" "Premises" "Routine maintenance" "Sediment" "Sediment control measures" "State" "Stormwater" "Stormwater pollution prevention plan (SWPPP)" "SWRCB" "Unpolluted water" "User" "Watercourse" "Waters of the United States" "Wetlands"
The following words and phrases, when used in this chapter, shall have the following meanings:
means the Federal Water Pollution Control Act, including any amendments thereto, referred to as the Clean Water Act or CWA.
means an individual designated by the Director to enforce the provisions of this chapter.
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.
means the California Stormwater Best Management Practice Handbooks, produced, and published by the California Stormwater Quality Association.
means the National Pollutant Discharge Elimination System (NPDES) general permit as adopted by the California State Water Resource Control Board (SWRCB) for the permitting of stormwater discharges associated with construction activities, Order 2009-0009-DWQ (NPDES Permit No. CAS000002) and any subsequent updated or replacement order.
means the Code of Federal Regulations.
means the City of Stockton.
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 CFR 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.
means moving or removing by manual or mechanical means trees, vegetation, and/or, the top four inches, or greater, of soil.
means the combined pipes, conduits, maintenance holes, and other structures either above or underground, primarily used to convey stormwater.
means construction or demolition activity, including, but not limited to, clearing, grading, grubbing, excavation, filling, or other activity that results in disturbance of land. Construction activity does not include emergency construction actions required immediately to protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility.
means any land area on which construction activity is occurring and land used in conjunction with the construction activity, such as material storage or laydown areas.
means the Central Valley Regional Water Quality Control Board.
means the Director of the Municipal Utilities Department of the City of Stockton or such person designated by the Director of the Municipal Utilities Department.
means any addition of any pollutant to navigable waters from any point source, or 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.
means best management practices placed to stabilize areas of disturbed soils, reduce loss of soil due to the action of water or wind, and prevent water pollution. They include vegetation, such as grasses, and other materials, such as straw, fiber, stabilizing emulsion, protective blankets.
means a set of plans describing the specific measures and sequencing to be used to control erosion, and to prevent or minimize discharge of sediment and other pollutants from a construction site during construction activity.
means best management practices that prevent the discharge of construction materials and wastes from the project site. They include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities.
means a permit issued pursuant to the Act which authorizes discharges to the waters of the United States.
means any discharge that is not entirely composed of stormwater.
means the formal notification to the SWRCB by the applicant that either a construction or industrial activity will occur in compliance with the conditions of the applicable general permit that commits the applicant to prepare and implement a stormwater pollution prevention plan (SWPPP).
means the point at which the City storm drainage system discharges to the waters of the United States.
means the person, firm, corporation, partnership, or association that is issued a permit pursuant to this chapter.
means any natural person, corporation, or association, or other entity.
means the point at which any private drainage, concentrated, or sheet flow enters the City storm drainage system.
Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection systems, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
means dredged spoil, solid waste, incinerator residue, filter backwash, 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.
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.
means: (1) projects conducted to maintain the original line and grade, hydraulic capacity, or original purpose of the facility; (2) restoration work performed to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities; (3) road shoulder work, re-grading dirt or gravel roadways and shoulders, and performing ditch cleanouts; (4) updating existing lines (to replace existing lines with new materials or pipes) and facilities to comply with applicable codes, standards, and regulations, regardless of whether such projects result in increased capacity; and (5) repairing leaks. Routine maintenance does not include construction of new lines or facilities required to comply with applicable codes, standards, and regulations. New lines include those that are not associated with existing facilities and are not part of a project to update or replace existing lines.
means soil or earth material deposited by water or wind.
means best management practices that trap soil particles after they have been eroded by rain, flowing water, or wind. They include those practices that intercept and slow or detain the flow of stormwater to allow sediment to settle and be trapped (e.g., silt fence, sediment basin, fiber rolls) and practices that minimize tracking of sediment off the construction site (e.g., stabilized entrances and road and street sweeping).
means the State of California.
means stormwater runoff, snowmelt runoff, and surface runoff and drainage resulting from precipitation events.
means the plan required by the CGP that sets forth the site map, identifies the activities and materials that have the potential to pollute stormwater, describes the BMPs to be implemented by the discharger, and describes the monitoring and inspection plan.
means the State Water Resources Control Board.
means water to which no pollutant has been intentionally or accidentally introduced so as to render such water unacceptable to the City for discharge to storm drains, natural drainage, or directly to surface waters.
means any person who contributes, causes, or permits the contribution of stormwater to the City storm drainage system.
means a river, stream, creek, basin, lake, pond, waterway, or channel, natural or man-made, having a defined bed and banks. Whenever a watercourse consists of an ordinary channel, and in addition thereto, an overflow channel, the watercourse shall be deemed to include all property lying between the banks of the overflow channel.
means waters described by the Clean Water Act regulations as waters of the United States including, but not limited to, 40 CFR 122.2.
means areas that are inundated or saturated by surface water or groundwater at a frequency sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs, and marshes.
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 § 13-502; Ord. 026-07 C.S. § 8; Ord. 2021-01-26-1601 § 2)
This chapter shall be administered by the Director or such person designated by the Director who shall be referred to herein as the "Director."
(Prior code § 13-503; Ord. 2021-01-26-1601 § 2)
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 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.
During construction, construction activities shall be designed and conducted to minimize runoff of sediment and all other pollutants onto public properties, other private properties, and into the waters of the United States.
(Prior code § 13-504; Ord. 2021-01-26-1601 § 2)
The City Council shall adopt a fee by resolution, for the grading and erosion control permit.
(Prior code § 13-505; Ord. 2021-01-26-1601 § 2)