It is unlawful for any person to:
A. Construct,
maintain, operate and/or utilize any illicit connection.
B. Act,
cause, permit or suffer any agent, employee, or independent contractor,
to construct, maintain, operate or utilize any illicit connection.
(Ord. 562 § 3, 2019)
Construction activities are dynamic in nature and must adjust
to seasonal changes, changed site conditions, and other changes throughout
the life of a construction project. The following requirements apply
to construction projects.
A. Construction
and Grading Permits. Prior to issuance of any construction or grading
permit, the owner or applicant of any development project that involves
ground disturbance or soil disturbing activities that can potentially
generate pollutants in stormwater runoff must prepare a pollution
control plan, erosion and sediment control plan, BMP Plan Sheet, and
implement BMPs to the Director's satisfaction and in accordance
with the requirements of the CASQA or Caltrans standards. Pollution
control plans must comply with the grading ordinance and must ensure
that the discharge of pollutants from the site will be reduced to
the maximum extent practicable and will not cause or contribute to
an exceedance of water quality standards.
B. BMP
Implementation. Each owner, operator, or person in charge of day-to-day
activities of each construction or grading site in the City must take
the following actions:
1. Implement
an approved pollution control plan and effective BMPs to ensure that
discharges of pollutants to the stormwater conveyance system are effectively
prohibited and will not cause or contribute to an exceedance of water
quality standards. All construction and grading activities must comply
with applicable laws, including all applicable City ordinances and
the municipal permit regulating discharges into and from the stormwater
conveyance system;
2. Revise
the pollution control plan as necessary to maintain compliance with
this chapter as the project site changes through different phases
of construction and different seasons of the year;
3. If
dewatering will occur, submit a dewatering plan to the City showing
how dewatering activities will comply with all State and local laws
prior to conducting any dewatering activity.
C. Compliance
with Construction General Permit. Prior to issuance of any construction
or grading permit, the owner or applicant of any development project
must submit evidence satisfactory to the Director that the applicant
has obtained coverage under the Construction General Permit, if applicable.
Maintaining applicable coverage under the Construction General Permit
is a requirement to maintaining valid construction or grading permits.
(Ord. 562 § 3, 2019)
As a condition of development, the owner of PDPs must, prior
to occupancy of the development, enter into a Stormwater Facilities
Maintenance Agreement with the City. The agreement must comply with
the following:
A. Be recorded
to run with the land and be binding upon the owner, and their heirs,
and successors in interest to the project and to any real property
developed in conjunction with the project in perpetuity;
B. Include
an annual requirement that verification of the effective operation
and maintenance of each approved treatment control BMP be conducted
by the owner and be certified to the City prior to each rainy season;
C. Include
a right of entry on the part of the City for the purpose of inspecting
and confirming the condition of permanent stormwater BMPs and to perform
maintenance or repairs where operation and maintenance is not conducted
in a proper or timely fashion.
(Ord. 562 § 3, 2019)
Any person responsible for emergency response for, or in charge
of, a premises or facility must notify the City of any release or
discharge in violation of this chapter and must take all steps necessary
to ensure the containment and minimize the damages of such discharge
in accordance with all applicable health and safety regulations and
facility hazardous materials handling procedures and policies. Such
person must immediately notify the City and any other appropriate
agency of the discharge.
(Ord. 562 § 3, 2019)