This chapter is known as the "Stormwater Management Ordinance."
(Ord. 562 § 3, 2019)
A.
The
purpose of this chapter is to ensure the health, safety, and general
welfare of the citizens of the City by:
1.
Effectively
prohibiting nonstormwater discharges to the stormwater conveyance
system.
2.
Eliminating
illicit discharges and illicit connections to the stormwater conveyance
system.
3.
Reducing
the discharge of pollutants from the stormwater conveyance system,
to the maximum extent practicable in order to achieve applicable water
quality objectives for surface waters in San Diego County.
4.
Achieving
compliance with total maximum daily load (TMDL) regulations.
B.
The
intent of this chapter is to protect and enhance the water quality
of our watercourses, water bodies, and wetlands in a manner pursuant
to and consistent with the Clean Water Act, the California Porter-Cologne
Water Quality Control Act, and San Diego Regional municipal stormwater
permit.
(Ord. 562 § 3, 2019)
In this chapter:
means Water Quality Control Plan, San Diego Basin, Region
9, and duly adopted amendments thereto.
means schedules of activities, prohibitions of practices,
training and education, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollution to surface
and groundwater to the maximum extent practicable. BMPs include, without
limitation, structural and nonstructural treatment requirements, operating
procedures, and practices to control urban runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage. BMPs
also include standard industry practices for controlling stormwater
and nonstormwater runoff established by the California Stormwater
Quality Association.
means the plan developed by the City in accordance with the
City's NPDES permit to eliminate, reduce, or mitigate the impacts
of runoff from development projects and existing development.
includes maintenance, storage, manufacturing, assembly, equipment
operations, vehicle loading, and cleanup procedures which are carried
out partially or wholly outside.
means the BMPs included in the most recent iteration of the
Caltrans Construction Site Best Management Practices Manual.
means the BMPs included in the most recent iteration of the
California Stormwater Quality Association ("CASQA") Construction
BMP Handbook.
means the General Permit for Stormwater Discharges associated
with Construction and Land Disturbance Activities issued by the State
Board, NPDES No. CAS000002, as it currently exists or may be amended
and reissued from time to time. The Construction General Permit covers,
in part, construction or demolition activity that results in a land
disturbance of equal to or greater than one acre. The Construction
General Permit is available from the State Board and may be accessed
on the City's website.
means construction, rehabilitation, redevelopment, reconstruction
or land disturbance activity.
means the Director of Development Services or the Director's
designee.
when used as a verb, means to allow pollutants to directly
or indirectly enter stormwater, or to allow stormwater or nonstormwater
to directly or indirectly enter the stormwater conveyance system or
receiving waters, from an activity or operations which one owns or
operates. When used as a noun, "discharge" means the pollutants,
stormwater or nonstormwater that are discharged.
means any person or entity engaged in activities or operations
owning facilities, from which an allowed nonstormwater discharge to
the stormwater conveyance system may or does originate or which will
or may result in pollutants entering stormwater, the stormwater conveyance
system, or receiving waters or the owners of property on which such
activities, operations or facilities are located, except that a local
government or public authority is not a discharger as to activities
conducted by others in public rights-of-way.
means the "California Enclosed Bays and Estuaries Plan:
Water Quality Control Plan for Enclosed Bays and Estuaries of California"
adopted by the State Water Resources Control Board April 11, 1991,
and any duly adopted amendments thereto.
means any employee of the City who is responsible for enforcing
the provisions of this chapter.
means the plan for enforcement of violations of this chapter
developed in accordance with the municipal permit and included in
the JRMP.
means the cutting and/or filling of the land surface to a
desired slope or elevation and is further defined in the grading ordinance.
means untreated wastewater that has not come into contact
with toilet waste, kitchen sink waste, dishwasher waste or similarly
contaminated sources. "Graywater" includes, but is not
limited to, wastewater from bathtubs, showers, bathroom washbasins,
clothes washing machines, and laundry tubs. Graywater does not include
captured rainwater.
means the guidance document prepared by the City which outlines
the minimum required BMPs for the control of stormwater in accordance
with the municipal permit to eliminate, reduce or mitigate the impacts
of pollutants and runoff. The Guidelines for Surface Water Pollution
Prevention may be accessed on the City's website.
means a change in the natural watershed hydrologic processes
and runoff characteristics (i.e., interception, infiltration, overland
flow, and groundwater flow) caused by urbanization or other land use
changes that result in increased stream flows and sediment transport.
In addition, alteration of stream and river channels, such as stream
channelization, concrete lining, installation of dams and water impoundments,
and excessive streambank and shoreline erosion are also considered
hydromodification due to their disruption of natural watershed hydrologic
processes.
means any conveyance or drainage system through which a nonstormwater
discharge to the stormwater conveyance system occurs or may occur
and any connection to the stormwater conveyance system that conveys
an illicit discharge.
means any discharge to the stormwater conveyance system that
is not composed entirely of stormwater, except discharges allowed
pursuant to the provisions of this chapter.
means the ground area covered or sheltered by an impervious
surface, measured in plain view. For example, the impervious surface
area for a pitched roof is equal to the ground area it shelters, rather
than the surface area of the roof itself.
means the General Permit for Stormwater Discharges Associated
with Industrial Activities issued by the State Water Resources Control
Board, NPDES No. CAS000001, as it currently exists or may be amended
and reissued from time to time. The Industrial General Permit is available
from the State Board and may be accessed on the City's website.
in the context of low impact development means the percolation
of water into the ground. Infiltration is often expressed as a rate
(inches per hour), which is determined through an infiltration test.
In the context of nonstormwater, infiltration is water other than
wastewater that enters a sewer system (including sewer service connections
and foundation drains) from the ground through such means as defective
pipes, pipe joints, connections, or manholes. Infiltration does not
include, and is distinguished from, inflow.
means the plan containing the runoff management measures
and programs that the City implements to comply with the municipal
permit.
means any activity, whether or not a stormwater quality management
plan or County permit or approval is required, that moves soils or
substantially alters the land such as a grading, digging, cutting,
scraping, stockpiling, or excavating of soil; placement of fill materials;
paving, pavement removal, exterior construction; substantial removal
of vegetation where soils are disturbed, including, but not limited
to, removal by clearing or grubbing; clearing or road-cutting associated
with geotechnical exploration and assessment, percolation testing,
or any other activity that is a condition of a permit application;
or any activity which bares soil or rock or involves streambed alterations
or the diversion or piping of any watercourse.
means a stormwater management and land development strategy
that emphasizes conservation and the use of on-site natural features
integrated with engineered, small-scale hydrologic controls to more
closely reflect pre-development hydrologic functions.
means implementation of all best management practices (BMPs)
that are technically feasible (i.e., are likely to be effective),
are not cost prohibitive, and adequately reduce or eliminate pollutant
discharges from the stormwater conveyance system. MEP will generally
require a combination of site design, source control and treatment
control BMPs that emphasize pollution prevention and source control
BMPs as the first line of defense, and uses treatment control BMPs
as a second line of defense. MEP also includes those practices considered
or generally accepted as industry standards for the control of stormwater
and nonstormwater runoff.
means the San Diego Regional Water Quality Control Board
Order No. R9-2013-0001, NPDES Permit No. CAS0109266, issued by the
San Diego Regional Water Quality Control Board on May 8, 2013, amended
by Order No. R9-2015-0001 on February 11, 2015, and any amendment
revision or renewal thereof.
means a permit issued by the San Diego Regional Water Quality
Control Board or the State Water Resources Control Board pursuant
to Chapter 5.5, division 7 of the California Water Code, or the Environmental
Protection Agency (EPA) to control discharges from point sources to
waters of the United States.
means land disturbing activities, structural development,
including construction or installation of a building or structure,
the creation of impervious surfaces and land subdivision.
means any discharge to the stormwater conveyance system that
is not entirely composed of stormwater.
means, but is not limited to, any agent that may cause, potentially
cause or contribute to the degradation of water quality such that
a condition of pollution or contamination is created or aggravated,
as defined by applicable laws and regulations.
means the approximate flow rates and durations that exist
or existed onsite before land development occurs. For new development
projects, this equates to runoff conditions immediately before project
construction. For redevelopment projects, this equates to runoff conditions
from the project footprint assuming infiltration characteristics of
the underlying soil and existing grade. Runoff coefficients of concrete
or asphalt must not be used. A redevelopment priority development
project must use available information pertaining to existing underlying
soil type and onsite existing grade to estimate pre-development runoff
conditions.
means any building, lot, parcel, real estate, land or portion
of land, whether improved or unimproved.
means development projects that fall under the City's
planning and building authority and which must incorporate general,
source control site design, pollutant control, and hydromodification
management BMPs and other requirements as identified in the BMP Design
Manual. Priority development projects must demonstrate compliance
with the requirements of this chapter through the development and
implementation of a stormwater quality management plan approved by
the City.
has the same meaning as that term is defined in the Trash
Amendments.
means October 1st through April 30th of each year or as otherwise
specified in any applicable NPDES permit or the municipal permit.
means surface bodies of water which serve as discharge points
for the stormwater conveyance system, including, but not limited to:
means the creation and/or replacement of impervious surface
on an already developed site.
means the Regional Water Quality Control Board, San Diego
Region.
means that creation or addition of impervious surfaces on
an already developed site and is further defined in the BMP Design
Manual.
means surface runoff and drainage associated with storm events
and snow melt.
means the conveyance or system of conveyances, public or
private, improved or unimproved, by which water may be collected and
conveyed, including, but not limited to, roads with drainage systems,
municipal streets, sidewalks, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains.
means an agreement prepared as to content to the satisfaction
of the City Engineer, approved as to form by the City Attorney and
executed on behalf of the City by the Director, by and between the
City and the owner of any priority development project and designed
to identify, preserve, and ensure the property maintenance and operation
of all stormwater controls in perpetuity.
means an approved site-specific document which describes
the onsite program activities and minimum best management practices
that will be implemented to effectively eliminate pollutant discharges
to the stormwater conveyance system. This plan must include information
required to ensure compliance with this chapter.
means a plan identifying the measures that will be used for
stormwater and nonstormwater management for a development project.
There are two types of SWQMPs: a Standard SWQMP and a PDP SWQMP. A
PDP SWQMP is required for all priority development projects. A standard
SWQMP is required for all development projects that are not priority
development projects.
means the "California Inland Surface Waters Plan: Water
Quality Control Plan for Inland Surface Waters of California"
adopted by the State Water Resources Control Board, April 11, 1991,
including duly adopted amendments thereto.
means any improvement project that requires a permit from
the City.
means the amendment to the Water Quality Control Plan for
Ocean Waters of California to Control Trash and Part 1 Trash Provisions
of the Water Quality Control Plan for Inland Surface Water, Enclosed
Bays, and Estuaries of California adopted by the State Water Resources
Control Board and any amendments thereto.
means any portable privy, chemical toilet, recirculating
toilet, composting toilet, or similar facility.
means any discarded material of any form (for example, liquid,
semi-solid, solid or gaseous) whether discarded intentionally or unintentionally.
means the plan(s) developed by the City and other jurisdictions
in accordance with the municipal permit for watershed management areas.
means the beneficial uses (e.g., swimming, fishing, municipal
drinking water supply, etc.) of a water body and criteria (referred
to as water quality objectives in the California Water Code) necessary
to protect those uses. Water quality standards are further described
in the Basin Plan.
means any natural or artificial stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully, ravine,
arroyo or wash, in which waters flow in a definite direction or course,
either continuously or intermittently, and which has a definite channel
and a bed or banks. A channel is not limited to land covered by minimal
or ordinary flow but also includes land covered during times of high
water. Watercourse does not include any surface drainage prior to
its collection in a stream, river, creek, ditch, channel, canal, conduit,
culvert, drain, waterway, gully, ravine, arroyo or wash.
means any water, surface or underground, including saline
waters within the boundaries of the State as defined by California
Water Code Section 13050(e). The definition of the waters of the State
is broader than that for waters of the United States in that all water
in the State is considered to be waters of the State regardless of
circumstances or condition.
has the meaning set forth in 40 CFR 122.2, as limited by
any applicable court decision.
(Ord. 562 § 3, 2019)
The Director may modify any requirement imposed by this chapter
to allow the on-site collection and use of stormwater or the collection
of stormwater for delivery to and use at City-designated sites, provided
the modified requirements are enforceable, consistent with the municipal
permit, and provide equivalent environmental protection.
(Ord. 562 § 3, 2019)
A.
This
chapter must be interpreted to assure consistency with the requirements
of the Federal Clean Water Act and the California Porter-Cologne Water
Quality Control Act, as amended, applicable implementing regulations,
and the municipal permit.
B.
Except
as otherwise provided in this chapter, this chapter applies to any
development project in the City, whether or not a permit or other
approval is required. The requirements of this chapter apply to any
discharger and any discharger may be required by the enforcement officer
to install, implement and maintain source control, structural or other
BMPs to prevent or reduce the discharge of pollutants, stormwater
or nonstormwater to the extent necessary to bring a discharge into
compliance with this chapter.
(Ord. 562 § 3, 2019)
