For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
“Commission”
means the Public Utilities Commission of the state.
“Person”
means individuals, firms, corporations, partnerships, and
their agents and employees.
“Poles, overhead wires and associated overhead structures”
means poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and appurtenances
located aboveground within a district and used or useful in supplying
electric, communication or similar or associated service.
“Utility”
means all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Prior code § 51.01)
The Council may from time to time call public hearings to ascertain
whether the public necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures
within designated areas of the City and the underground installation
of wires and facilities for supplying electric communication, or similar
or associated service. The City Clerk shall notify all affected property
owners as shown on the last equalized assessment roll and utilities
concerned by mail of the time and place of such hearings at least
ten days prior to the date thereof. Each such hearing shall be open
to the public and may be continued from time to time. At each such
hearing all persons interested shall be given an opportunity to be
heard. The decision of the Council shall be final and conclusive.
(Prior code § 51.02)
Prior to holding such public hearing, the City Engineer shall
consult with all affected utilities and shall prepare a report for
submission at such hearing containing, among other information, the
extent of such utilities participation and estimates of the total
costs to the City and affected property owners. The report shall also
contain an estimate of the time required to complete such underground
installation and removal of overhead facilities.
(Prior code § 51.03)
If, after any such public hearing, the Council finds that the
public necessity, health, safety or welfare requires such removal
and such underground installation within a designated area, the Council
shall, by resolution, declare such designated area an underground
utility district and order such removal and underground installation.
Such resolution shall include a description of the area comprising
such district and shall fix the time within which such removal and
underground installation shall be accomplished and within which affected
property owners must be ready to receive underground service. A reasonable
time shall be allowed for such removal and underground installation,
having due regard for the availability of labor, materials and equipment
necessary for such removal and for the installation of such underground
facilities as may be occasioned thereby.
(Prior code § 51.04)
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein to eliminate an unusually heavy concentration of overhead distribution facilities or to clear a street which carries a heavy volume of traffic or to clear a street which passes through a civic area, as provided in Section
13.04.040 of this chapter, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section
13.04.080(B), and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
(Prior code § 51.05)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section
13.04.040 of this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Prior code § 51.09)
The purpose of this chapter is to ensure the future health,
safety, and general welfare of the citizens of the City by:
A. Regulating
non-stormwater discharges to the municipal separate storm drain;
B. Controlling
the discharge to municipal separate storm drains from spills, dumping
or disposal of materials other than stormwater; and
C. Reducing
pollutants in stormwater discharges to the maximum extent practicable;
D. Protecting
and enhancing the water quality of City watercourses, water bodies,
groundwater, and wetlands in a manner pursuant to and consistent with
the Clean Water Act.
(Prior code § 160.01)
The terms as used in this chapter shall have the following meanings:
“40 CFR”
means Title 40 of the Code of Federal Regulations.
“Best management practices (BMPs)”
means schedules of activities, prohibitions of practices,
general good housekeeping practices, maintenance procedures, educational
programs, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to waters of the United
States. BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, and drainage from raw materials storage. The California
Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial
and Construction Activity provide a detailed discussion of BMPs.
“CEQA”
means the California Environmental Quality Act, California
Public Resources Code Sections 21000 et seq., and the regulations
thereunder.
“City”
means the City of Desert Hot Springs.
“Clean Water Act”
means the Federal Water Pollution Control Act, amended in
1977 as the Clean Water Act (33 U.S.C. Sections 1251 et seq.), and
amended in 1987 to establish new controls on industrial and municipal
stormwater discharges, and any and all subsequent amendments thereto.
“Director”
means the City of Desert Hot Springs Director of Public Works
or his or her designee.
“Discharge”
means any release, spill, leak, pump, flow, escape, dumping,
or disposal of any liquid, semisolid or solid substance except discharges
pursuant to a NPDES permit, exempted discharges or conditionally exempted
discharges.
“Hazardous substance”
means any hazardous substance as that term is defined under
California
Health and Safety Code Sections 25281(g), 25501(o) and
25501.1, and pursuant to 42 U.S.C. Section 9601(14); any “hazardous
waste” as that term is defined under 42 U.S.C. Section 6903(5),
and under California
Health and Safety Code Section 25550(p); any
“hazardous material” as that term is defined under California
Health and Safety Code Section 25501(u); and chemical which the Governor
of California has identified as a chemical known to cause cancer or
reproductive toxicity, pursuant to California
Health and Safety Code
Section 25249.8; and any crude oil or refined or unrefined petroleum
product, or any fraction or derivative thereof, and any asbestos or
asbestos containing material. The term hazardous substance includes
any amendments to the above-referenced statutes and regulations.
“Illicit connection”
means any physical connection to a storm drain system which
has not been permitted by the City, the County, the Riverside County
Flood Control and Water Conservation District, the regional board,
or other appropriate public body.
“Illicit discharge”
means any discharge to the storm drain system that is not
composed entirely of stormwater runoff except discharges made pursuant
to a National Pollutant Discharge Elimination System (NPDES) permit
or as otherwise authorized by Colorado River Basin Regional Water
Quality Control Boards.
“Impervious surface”
means any surface that prevents or significantly reduces
the entry of water into the underlying soil resulting in runoff from
the surface in greater quantities and/or at increased rates when compared
to natural conditions prior to development including but not limited
to parking lots, driveways, roadways, storage areas, rooftops. The
impervious surfaces commonly result from paving, compacted gravel,
connected earth, and oiled earth.
“Maximum extent practicable”
means the standard for implementation of stormwater management
programs to reduce pollutants in stormwater. Deciding factors shall
include, but are not limited to, gravity of the problem, public health
risk, societal concern, environmental benefits, pollutant removal
effectiveness, regulatory compliance, public acceptance, chance for
successful implementation, cost and technical feasibility.
“MS4”
means municipal separate storm sewer system.
“Municipal NPDES permit”
means an area-wide NPDES permit issued to a government agency
or agencies for the discharge of stormwater from a stormwater system.
“Person”
means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity
which is recognized by law as the subject of rights or dues.
“Pollutant”
means the following liquid, solid or semisolid substances,
or any combination thereof:
1.
Artificial materials, chips or pieces of natural or man-made
materials (such as floatable plastics, wood or metal shavings);
2.
Household waste (such as trash, paper, plastics, lawn clippings
and yard wastes; animal fecal materials; pesticides, herbicides and
fertilizers; used oil and fluids from vehicles, lawn mowers and other
common household equipment);
3.
Metals, including but not limited to cadmium, lead, zinc, copper,
silver, nickel, chromium, and nonmetals, such as phosphorus and arsenic;
4.
Petroleum hydrocarbons (such as crude oils, fuels, lubricants,
surfactants, waste oils, solvents, coolants, condensate and grease);
5.
Excessive eroded soils, sediment and particulate materials;
6.
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including, stables, show
facilities, or polo fields);
7.
Substances having characteristics with a pH of less than 6.5
or greater than 8.5, or unusual turbidity, or excessive levels of
fecal coliform, fecal streptococcus or enterococcus;
8.
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants, glues, limes; excessive pesticides, fertilizers or herbicides;
use of wood preservatives and solvents; disturbance of asbestos fibers,
paint flakes or stucco fragments; application of oils, lubricants,
hydraulic, radiator or battery fluids; construction equipment washing,
concrete pouring and cleanup wash water or use of concrete detergents;
steam cleaning or sand blasting residues; use of chemical degreasing
or diluting agents; and super chlorinated water generated by potable
water line flushing);
9.
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
10.
Materials which contain base/neutral or acid extractable organic
compounds;
11.
Pollutants defined in 33 U.S.C. Section 1362(6) of the federal
Clean Water Act;
12.
Any other constituent or material that may adversely affect
the beneficial uses of the receiving waters, flora or fauna of the
state, as determined by the state board or the regional board. The
term pollutant shall not include uncontaminated stormwater runoff,
potable water or reclaimed water generated by a lawfully permitted
water treatment facility.
“Premises”
means any building, lot, parcel of land, land or portion
of land whether improved or unimproved.
“Receiving waters”
means all surface water bodies within the permit area, including
the White Water River Basin.
“Regional Board”
means the California Water Quality Control Board, Colorado
River Basin.
“Runoff”
means any runoff including stormwater and dry weather flows
from a drainage area that reaches a receiving water body or subsurface.
During dry weather it is typically comprised of many base flow components
either contaminated with pollutants or uncontaminated.
“Storm drain system”
means any facility by which stormwater may be conveyed to
waters of the United States. The storm drain system includes but is
not limited to any roads with drainage systems, streets, curbs, gutters,
catch basins, natural and artificial channels, ditches, aqueducts,
storm drains, inlets, conduit or other drainage structure.
“Stormwater”
means water which originated from atmospheric moisture (rainfall
or snow melt) and that falls onto land, water, or other surfaces.
“Stormwater runoff”
means surface runoff and drainage associated with rain storm
events and snow melt.
“USEPA”
means the United States Environmental Protection Agency.
(Prior code § 160.02)
This chapter shall be administered for the City by its Director
of Public Works and his or her designee.
(Prior code § 160.03)
This chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and acts amendatory thereof or
supplementary thereto, applicable implementing regulations, and any
existing or future municipal NPDES permits and any amendments, revisions
or reissuance thereof.
(Prior code § 160.04)
No person shall construct, utilize, maintain, operate or permit
the existence of any illicit connection on any premises owned or operated
by such person that connects directly or indirectly to the storm drain
system. Any illicit connection constructed, utilized, maintained,
operated, or permitted to be operated on any premises owned or operated
by such person from and after the date of the adoption of the ordinance
codified in this chapter shall be terminated and removed and/or otherwise
sealed in a manner approved by the Director of Public Works.
(Prior code § 160.07)
No person shall use, store, maintain or place any hazardous
substance, including any grease or oil from motor vehicles, machine
parts, or other equipment, in such a manner and/or in areas that create
a release or a threat of a release of hazardous substances into the
storm drain system. The City, County, and/or Regional Board may require
the installation of a spill containment system to prevent or avoid
the creation of any release or threat of a release of such a discharge.
Spill containment systems may include but are not limited to a system
of dikes, walls, barriers, berets, or other devices as may be required.
(Prior code § 160.08)
Any person performing construction work in the City shall comply
with the provisions of this chapter, and Ordinance No. 457 of the
County for erosion and sediment control. A copy of Ordinance No. 457,
an ordinance of the County, is on file in the office of the City Clerk.
(Prior code § 160.09)
All industrial dischargers, dischargers associated with construction
activity, or other discharger subject to any NPDES permit issued by
the United States Environmental Protection Agency, the State Water
Resources Control Board, or the Colorado River Basin Regional Water
Quality Control Board, shall comply with all requirements of such
permit or permits. Proof of compliance with such NPDES general permits
may be required in a form acceptable to the Director of Public Works
prior to issuance of any City grading, building, or occupancy permits.
(Prior code § 160.11)
Where BMP guidelines or requirements have been adopted by the
City or by any federal, state, regional, and/or County agency, for
any activity, operation, or facility which may cause or contribute
to stormwater pollution or cause pollutants to be discharged to the
storm drain system, every person undertaking such activity or operation,
or owning or operating such facility shall comply with such guidelines
or requirements as may be identified by the Director of Public Works.
(Prior code § 160.12)