The purpose of this chapter is to establish minimum storm water
management requirements and controls to protect and safeguard the
general health, safety and welfare of the public residing in watersheds
within the city of Manteca. This chapter seeks to meet that purpose
through the following objectives:
A.
Minimize
increases in storm water runoff from any development in order to reduce
flooding, siltation and stream bank erosion and maintain the integrity
of drainage channels;
B.
Minimize
increases in non-point source pollution caused by storm water runoff
from development that would otherwise degrade local water quality;
C.
Minimize
the total annual volume of surface water runoff that flows from any
specific site during and following development to not exceed the pre-development
hydrologic regime to the maximum extent practicable; and
D.
Reduce
storm water runoff rates and volumes, soil erosion and non-point source
pollution wherever possible, through storm water management controls
and to ensure that these management controls are properly maintained
and pose no threat to public safety.
(Ord. 1253 § 1, 2004)
For purposes of this chapter the following terms have the following
meanings:
means erosion caused by development activities that exceeds
the natural processes by which the surface of the land is worn away
by the action of water, wind or chemical action.
means activities, practices, facilities and/or procedures
that when implemented to their maximum efficiency will prevent or
reduce pollutants in discharges and any program, technology, process,
siting criteria, operational methods or measures or engineered systems
that when implemented prevent, control, remove or reduce pollution.
Examples of BMPs may include: public education and outreach, proper
planning of development projects, proper cleaning of catch basin inlets
and proper sludge or waste-handling and disposal, among others.
means any structure, either temporary or permanent, having
walls and a roof, designed for the shelter of any person, animal or
property and occupying more than one hundred square feet of area.
means a natural or artificial watercourse with a definite
bed and banks that conducts continuously or periodically flowing water.
means the city of Manteca.
means the temporary storage of storm runoff in a storm water
management practice with the goals of controlling peak discharge rates
and providing gravity settling of pollutants.
means a person who undertakes land disturbance activities.
means any construction, rehabilitation, redevelopment or
reconstruction of any public or private residential project (whether
single-family, multi-unit or planned unit development); industrial,
commercial, retail and other non-residential projects, including public
agency projects: or mass grading for future construction. It does
not include routine maintenance to maintain original line and grade,
hydraulic capacity or original purposes of facility, nor does it include
emergency construction activities required to immediately protect
public health and safety.
means the director of the city of Manteca's department of
public works.
means a plan that is designed to minimize the accelerated
erosion and sediment runoff at a site during construction activities.
means any material that, because of its quantity, concentration
or physical or chemical characteristics, poses a significant present
or potential hazard to human health and safety or to the environment
if released into the workplace or the environment.
means any hazardous waste having the characteristics identified
under or listed pursuant to Section 6921 of Title 42 of the United
States Code, but not including any waste the regulation of which has
been suspended under the Solid Waste Disposal Act (42 U.S.C. Sec.
6901 et seq.) by act of Congress.
means any discharge to the MS4 system that is prohibited
under local, state or federal statutes, chapters, codes or regulations.
This includes all non-storm water discharges except discharges pursuant
to a separate NPDES permit and discharges that are exempted or conditionally
exempted in accordance with State Water Resources Control Board Water
Quality Order No. 2003-0005-DWD, National Pollution Discharge Elimination
System (NPDES) General Permit No. CAS 000004, Waste Discharge Requirements
for Storm Water Discharges from Small Municipal Separate Storm Sewer
Systems (General Permit).
means any human-made conveyance that is connected to the
MS4 system without a permit, excluding roof drains and other similar
types of connections. Examples include channels, pipelines, conduits,
inlets or outlets that are connected directly to the MS4 system.
means the process of percolating storm water into the subsoil.
means a legally recorded document that acts as a property
deed restriction and which provides for long-term maintenance of storm
water management practices.
means any substance including but not limited to: garbage
and debris; lawn clippings, leaves and other vegetation; biological
and fecal waste; sediment and sludge; oil and grease; gasoline; paints,
solvents, cleaners and any fluid or solid containing chemicals.
means streets, gutters, conduits, natural or artificial drains,
channels and watercourses or other facilities that are owned, operated,
maintained or controlled by the city and used for the purpose of collecting,
storing, transporting or disposing of storm water.
means pollution from any source other than from any discernible,
confined and discrete conveyances and includes but is not limited
to pollutants from agricultural, mining, construction, subsurface
disposal and urban runoff sources.
means a National Pollutant Discharge Elimination System (NPDES)
Permit administered by the State of California, through its various
regional water quality control boards.
means any natural person, corporation, association, partnership
or other entity.
means those "pollutants" defined in Section 502(6) of the
Federal Clean Water Act (33 U.S.C. § 1362(6)) or incorporated
into California Water Code § 13373. Examples of pollutants
include but are not limited to the following:
Commercial and industrial waste such as fuels, solvents, detergents,
plastic pellets, hazardous substances, fertilizers, pesticides, slag,
ash and sludge;
Metals such as cadmium, lead, zinc, copper, silver, nickel and
chromium and non-metals such as phosphorus and arsenic;
Petroleum hydrocarbons such as fuels, lubricants, surfactants,
waste oils, solvents, coolants and grease);
Excessive eroded soils, sediment and particulate materials in
amounts which may adversely affect the beneficial use of the receiving
waters, flora or fauna of the state;
Animal wastes such as discharge from confinement facilities,
kennels, pens, recreational facilities, stables and show facilities;
and
Substances having characteristics such as pH less than six or
greater than nine or unusual coloration or turbidity or excessive
levels of fecal coliform, fecal streptococcus or enterococcus.
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The term "pollutant" shall not include uncontaminated storm
water, potable water or reclaimed water generated by a lawfully permitted
water treatment facility.
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The term "pollutant" also shall not include any substance identified
in this definition if, through compliance with the best management
practices ("BMPs") available, the discharge of such substance has
been reduced or eliminated to the maximum extent practicable. In an
enforcement action, the burden shall be on the person who is the subject
of such action to establish the reduction or elimination of the discharge
to the maximum extent practicable through compliance with the available
BMPs.
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means any land disturbing activity occurring on existing
developed property.
means facilities owned by the South San Joaquin Irrigation
District (SSJID) that are also used by the city of Manteca for storm
drainage.
means to cause, allow or permit the flowing, running or falling,
especially in an accidental manner, of any liquid, semi-liquid or
solid substance or material.
means the use of structural or non-structural practices that
are designed to reduce storm water runoff pollutant loads, discharge
volumes and/or peak flow discharge rates.
means water flow on the surface of the ground as the result
of precipitation.
means any flow of water originating from urban areas including
but not limited to rain, irrigation, wash water and air conditioning
condensate.
means a permanent or intermittent stream or other body of
water, either natural or man-made, which gathers or carries surface
water.
(Ord. 1253 § 1, 2004)
No person shall discharge, permit to be discharged or cause
to be discharged any materials including but not limited to pollutants
or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards into either any part
of the MS4 or any part of a water course.
A.
It
is prohibited to throw, deposit, place, leave, maintain, keep or permit
to be thrown, deposited, placed, left, maintained or kept any refuse,
rubbish, garbage or any other discarded or abandoned objects, articles
or accumulations in or upon any street, alley, sidewalk, storm drain,
inlet, catch basin conduit or drainage structure, business place or
upon any public or private plot of land in the city, so that the same
might be or become a pollutant. No person shall throw or deposit litter
in any fountain, pond, lake, stream or other body of water within
the city. This subsection shall not apply to refuse, rubbish or garbage
deposited in containers, bags or other appropriate receptacles which
are placed in designated locations for regular solid waste pick up
and disposal.
B.
It
is prohibited to intentionally dispose of leaves, dirt or other landscape
debris into the MS4.
C.
No
person shall discharge or allow the discharge of any of the following
types of non-storm water discharges into the MS4, unless done pursuant
to the terms and conditions of a separate NPDES permit or pursuant
to an exemption issued by either the Central Valley Regional Water
Quality Control Board ("regional board") or the State Water Resources
Control Board:
1.
The
discharge of untreated wash waters when gas stations, auto repair
garages or other type of automotive service facilities are cleaned;
2.
The
discharge of untreated waste water from mobile auto washing, steam
cleaning, mobile carpet cleaning and other such mobile commercial
and industrial operations;
3.
To
the maximum extent practicable, discharges from areas where repair
of machinery and equipment, including motor vehicles, which are visibly
leaking oil, fluid or antifreeze, is undertaken;
4.
Discharges
of untreated runoff from storage areas of materials containing grease,
oil or other hazardous substances and uncovered receptacles containing
hazardous materials;
5.
Discharges
of commercial/municipal swimming pool filter backwash;
6.
Discharges
of untreated runoff from the washing of toxic materials from paved
or unpaved areas; provided, however, that non-industrial and non-commercial
activities which incidentally generate urban runoff, such as the hosing
of sidewalks and the non-commercial hand-washing of cars, shall be
excluded from this prohibition;
7.
To
the maximum extent practicable, discharges from washing impervious
surfaces in industrial/commercial areas which results in a discharge
of untreated runoff, unless specifically required by state's, city's
or San Joaquin County's health and safety codes or permitted under
a separate NPDES permit;
8.
Discharges
from the washing out of concrete trucks;
9.
Discharges
of any pesticide, fungicide or herbicide banned by the United States
Environmental Protection Agency ("USEPA") or the California Department
of Pesticide Regulation; or
10.
The disposal of hazardous wastes into trash containers used for municipal
trash disposal, where such disposal causes or threatens to cause a
direct or indirect discharge to the MS4.
(Ord. 1253 § 1, 2004)
The following discharges are excepted from the prohibitions
set forth under Section 12.28.030:
A.
Discharges
from the following activities will not be considered a source of pollutants
to the MS4 system and to waters of the United States when properly
managed to ensure that no potential pollutants are present and therefore
they shall not be considered illegal discharges unless determined
to cause a violation of the provisions of the Porter-Cologne Act,
Clean Water Act or this chapter: water line flushing, landscape irrigation,
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration (as defined at 40 CFR 35.2005(20)) to the MS4 system,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges and discharges or
flows from fire fighting activities.
B.
The
prohibition shall not apply to any non-storm water discharge permitted
under an NPDES permit, waiver or waste discharge order issued to the
discharger and administered by the State of California under the authority
of the USEPA, provided that the discharger is in full compliance with
all requirements of the permit, waiver or order and other applicable
laws and regulations and provided that written approval has been granted
by the city for any discharge to the MS4.
C.
The
prohibition shall not apply to irrigation and drainage waters under
control of the South San Joaquin Irrigation District (SSJID) that
are being transported by SSJID shared facilities.
D.
With
written concurrence of the Regional Board, the city may exempt in
writing other non-storm water discharges which are neither a source
of pollutants to the MS4 system nor waters of the United States.
(Ord. 1253 § 1, 2004)
A.
The
construction, use, maintenance or continued existence of illicit connections
to the MS4 system is prohibited.
B.
This
prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(Ord. 1253 § 1, 2004)
No person shall throw, deposit, leave, maintain, keep or permit
to be thrown, deposited, left or maintained in or upon any public
or private property, driveway, parking area, street, alley, sidewalk,
component of the MS4 system or water of the United States any refuse,
rubbish, garbage, litter or other discarded or abandoned objects,
articles and accumulations, so that the same may cause or contribute
to pollution. Wastes deposited in streets in proper waste receptacles
for the purposes of collection are exempted from this prohibition.
(Ord. 1253 § 1, 2004)
A.
Any
person subject to an industrial NPDES storm water discharge permit
shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the director
upon inspection of the facility, during any enforcement proceeding
or action or for any other reasonable cause.
B.
Any
person subject to a construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the director
prior to or as a condition of a subdivision map, site plan, building
permit or development or improvement plan; upon inspection of the
facility; during any enforcement proceeding or action; or for any
other reasonable cause. Prior to issuance of a construction permit
a copy of the Notice of Intent (NOI) and the Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the city.
(Ord. 1253 § 1, 2004)
A.
Authorization
to Adopt and Impose Best Management Practices (BMP). The city will
adopt requirements identifying best management practices for any activity,
operation or facility which may cause or contribute to pollution or
contamination of storm water, the MS4 system or waters of the United
States as a separate BMP Guidance Series. Where best management practice
requirements are promulgated by the city or any federal, state of
California or regional agency for any activity, operation or facility
which would otherwise cause the discharge of pollutants to the MS4
system or water of the United States, every person undertaking such
activity or operation or owning or operating such facility shall comply
with such requirements.
B.
New
Development and Redevelopment. The city may adopt requirements identifying
appropriate design standards and best management practices to control
the volume, rate and potential pollutant load of storm water runoff
from new development and redevelopment projects as may be appropriate
to minimize the generation, transport and discharge of pollutants.
The city shall incorporate such requirements in any land use entitlement
and construction or building-related permit to be issued relative
to such development or redevelopment. The owner and developer shall
comply with the terms, provisions and conditions of such land use
entitlements and building permits as required in this chapter.
C.
Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B, any person engaged in activities or operations or owning facilities or property which will or may result in pollutants entering storm water. The MS4 system or waters of the United States shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses. facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. Best management practices required by the city can be obtained from the public works department by requesting the BMP manual appropriate to a commercial or industrial activity from the BMP Guidance Series.
D.
Maintenance
Agreements. All structural and non-structural permanent storm water
BMPs not in the control of the city shall have an enforceable maintenance
agreement to ensure the system functions as designed. The agreement
shall include any and all maintenance easements required to access
and inspect the storm water BMPs and to perform routine maintenance
as required. Such agreements shall specify the parties responsible
for the proper maintenance of all storm water BMPs.
(Ord. 1253 § 1, 2004)
Any area of land, not covered by an impervious surface, from
which the natural vegetative cover has been either partially or wholly
cleared or removed by development activities shall be landscaped within
ten days from the substantial completion of such clearing and construction.
No person shall use or otherwise employ impervious material, such
as plastic, placed under decorative rock, bark or other landscape
covers in meeting the landscaping requirements under this section.
Backyards of residential single-family dwellings which would otherwise
be covered by this section are exempt where storm water is contained
on the property.
(Ord. 1253 § 1, 2004)
The director may require by written notice that any person engaged
in any activity and/or owning or operating any facility which may
cause or contribute to storm water pollution, illegal discharges and/or
non-storm water discharges to the MS4 or to the waters of the United
States is to undertake at said person's expense such monitoring and
analyses and to furnish such reports to the city as the director shall
deem necessary for determining that person's compliance with this
chapter.
(Ord. 1253 § 1, 2004)
Any person subject to an Industrial NPDES storm water discharge
permit shall maintain a spill prevention and response plan as part
of their Storm Water Pollution Prevention Plan (SWPPP). The methods,
procedures, mechanisms and facilities established and utilized for
the purpose of preventing accidental discharges or spills of materials
with pollution potential shall be provided and maintained at the owner's
or user's own cost and expense. The SWPPP shall outline the user's
spill prevention and response procedure, describe the nature and location
of any chemicals stored on the user's premises and shall contain procedures
for immediately notifying the city and preventing adverse impacts
of any discharge of chemicals, substances or materials.
(Ord. 1253 § 1, 2004)
No person shall allow a spill to discharge into the MS4 or any
watercourse.
(Ord. 1253 § 1, 2004)
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into storm water,
the MS4 or water of the United States from said facility, said person
shall take all necessary steps to ensure the discovery, containment
and cleanup of such release. In the event that a responsible person
becomes aware of a release of hazardous materials, they shall immediately
notify emergency response officials of the release via emergency dispatch
services (i.e., by calling 911). In the event of a release of non-hazardous
materials, the responsible person shall notify the city's public works
department in person, by phone or facsimile not later than five p.m.
of the next business day. Notifications in person or by phone shall
be confirmed by written notice addressed and mailed to the city's
public works department within three business days of the phone notice,
lithe discharge of hazardous materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
(Ord. 1253 § 1, 2004)
Whenever necessary to make an inspection to enforce any provision
of this chapter or whenever the director has cause to believe that
there exists or potentially exists, in or upon any premises within
the city, any condition which constitutes a violation of this chapter,
the director is authorized to enter such premises at all reasonable
times for the purpose of inspecting said premises. The director is
further authorized to inspect and copy all records at a facility which
are related to storm water compliance. In the event that the owner
or occupant of the premises refuses to allow either the director or
persons authorized by the director to enter said premises for the
purposes of conducting an inspection authorized by this chapter after
the director or a person authorized by the director has asked the
owner or occupant of said property to enter thereon for the purposes
authorized by this chapter, the city may seek the assistance of a
court of competent jurisdiction in order to facilitate the purposes
of this section.
(Ord. 1253 § 1, 2004)
During any inspection as provided herein, the director may take
any samples, perform any testing deemed necessary and take photographs
to aid in the pursuit of the inquiry or to record site activities.
(Ord. 1253 § 1, 2004)
Whenever the director finds that a person has violated or otherwise
failed to meet a requirement of this chapter, the director may order
a person to comply with this chapter by either personally serving
that person with a written notice or by sending written notice to
that person by certified mail. Such notice may require without limitation:
A.
The
performance of monitoring, analyses and reporting;
B.
The
elimination of illicit connections or discharges;
C.
That
violating discharges, practices or operations shall cease and desist;
D.
The
abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property;
E.
Payment
of a fine to cover administrative and remediation costs; and/or
F.
The
implementation of source control or treatment BMPs.
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If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline by which such remediation or restoration shall be completed. Said notice shall further advise that, if the violator fails to complete the remediation or restoration described in the written notice provided for under Section 13.28.150 within the time provided for therein, the city or a contractor designated by the director shall complete the work specified in the notice, and the city shall charge all expenses related to the city or contractor's performance of said work to the responsible person as provided for under Section 13.28.180.
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(Ord. 1253 § 1, 2004)
Notwithstanding the provisions of Section 13.28.190, any person receiving a notice of violation under Section 13.28.150 may appeal the director's determination to the city manager. The notice of appeal must be received by the city manager within five days from the date of the notice of violation. Hearing on the appeal before the city manager or his or her designee shall take place within fifteen days from the date of city's receipt of the notice of appeal. The decision of the city manager or designee shall be final.
(Ord. 1253 § 1, 2004)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal under Section 13.28.160, within ten days of the decision of the city manager upholding the decision of the director, then the city or a contractor designated by the director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 1253 § 1, 2004)
Within thirty days after abatement of the nuisance by city,
the director shall notify the property owner of the property of the
cost of abatement, including administrative costs. The property owner
may file a written protest objecting to the amount of the assessment
with the city clerk within fifteen days. The city clerk shall set
the matter for public hearing by the city council. The decision of
the city council shall be set forth by resolution and shall be final.
If the amount due is not paid within ten days of the decision
of the city council or the expiration of the time in which to file
an appeal under this section, the charges shall become a special assessment
against the property and shall constitute a lien on the property for
the amount of the assessment. A copy of the resolution shall be turned
over to the county auditor so that the auditor may enter the amounts
of the assessment against the parcel as it appears on the current
assessment roll, and the tax collector shall include the amount of
the assessment on the bill for taxes levied against the parcel of
land.
(Ord. 1253 § 1, 2004)
The director is authorized to require the immediate abatement
of any violation of this chapter that constitutes an immediate threat
to the health, safety or well-being of the public. If any such violation
is not abated immediately as directed by the director, the city is
authorized to enter onto private property and to take any and all
measures required to remediate the violation. Any expense related
to such remediation undertaken by the city shall be fully reimbursed
by the property owner and/or responsible party. Any relief obtained
under this section shall not prevent city from seeking other and further
relief authorized under this chapter.
(Ord. 1253 § 1, 2004)
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. A violation
of or failure to comply with any of the requirements of this chapter
shall constitute a misdemeanor and shall be punishable as set forth
in California Penal Code Section 19.
(Ord. 1253 § 1, 2004)
By securing a permit from the city of Manteca for development,
encroachment, or the construction of a work improvement the permittee
shall be strictly liable, in any criminal proceeding, for allowing
or failing to prevent a violation of this chapter by the permittee,
its employees, subcontractors or material men.
In any prosecution for a violation of this chapter against a
permittee based on the act or omissions of an employee, subcontractor,
or material men it shall only be required that it be shown that the
permittee was issued a development, encroachment, or construction
permit and that a violation of this chapter occurred at the site for
which a permit was issued.
(Ord. 1293 § I, 2005)
In lieu of enforcement proceedings, penalties and remedies authorized
by this chapter, the director may impose upon a violator alternative
compensatory action, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
(Ord. 1253 § 1, 2004)
In addition to the enforcement processes and penalties herein
before provided, any condition caused or permitted to exist in violation
of any of the provisions of this chapter is a threat to public health,
safety and welfare, is declared and deemed a nuisance and may be summarily
abated or restored by the city at the violator's expense, and/or a
civil action to abate, enjoin or otherwise compel the cessation of
such nuisance may be taken by the city.
(Ord. 1253 § 1, 2004)
Any person who violates any provision of this chapter or any
provision of any requirement issued pursuant to this chapter, may
also be in violation of the Clean Water Act and/or the Porter-Cologne
Act and may be subject to the sanctions of those acts, including civil
and criminal penalties. Any enforcement action authorized under this
chapter shall also include written notice to the violator of such
potential liability.
(Ord. 1253 § 1, 2004)
