This chapter shall be known as the "Storm Water Quality Management
Ordinance" of the city of Crescent City and may be so cited.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The purpose and intent of this chapter is to ensure the health,
safety, and general welfare of citizens, and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant
to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251
et seq.) by reducing pollutants in storm water discharges to the maximum
extent practicable and by prohibiting non-storm water discharges to
the storm drain system.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The terms used in this chapter shall have the following meanings:
means activities, practices, and procedures to prevent or
reduce the discharge of pollutants directly or indirectly to the municipal
storm drain system and waters of the United States. Best management
practices include but are not limited to:
Treatment facilities to remove pollutants from storm water;
Operating and maintenance procedures;
Facility management practices to control runoff, spillage or
leaks of non-storm water, waste disposal, and drainage from materials
storage;
Erosion and sediment control practices;
The prohibition of specific activities and practices; and
Such procedures, facilities, design standards and such other
provisions as the city council determines by resolution as appropriate
for the control of pollutants.
means the city of Crescent City.
means the federal Water Pollution Control Act (33 U.S.C.
§ 1251 et seq.), and any subsequent amendments thereto.
means activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of one
acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 12.36.080 of this chapter.
means an illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including but not limited, to any conveyances which allow any non-storm
water discharge including sewage, process wastewater, and wash water
to enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by a government agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by the city.
means activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26(b)(14).
means general, group, and individual storm water discharge
permits which regulate facilities defined in federal NPDES regulations
pursuant to the Clean Water Act, The California Regional Water Quality
Control Board, North Coast Region (hereinafter, Regional Board) and
the State Water Resources Control Board have adopted general storm
water discharge permits, including but not limited to the general
construction activity and general industrial activity permits.
means any discharge to the storm drain system that is not
composed entirely of storm water.
means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, articles, and accumulations;
Floatables;
Pesticides, herbicides, and fertilizers;
Hazardous substances and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Wastes and residues that result from constructing a building
or structure (including but not limited to sediments, slurries, and
concrete rinsates); and
Noxious or offensive matter of any kind.
means the human-made or human-induced alteration of the quality
of waters by waste to a degree which unreasonably affects, or has
the potential to unreasonably affect, either the waters for beneficial
uses or the facilities which serve these beneficial uses (California
Water Code § 13050)
means the Porter-Cologne Water Quality Control Act and as
amended (California Water Code § 13000 et seq.).
means any building, lot, parcel of land, or portion of land
whether improved or unimproved including adjacent sidewalks and parking
strips.
means publicly-owned facilities operated by the city by which
storm water is collected and/or conveyed, including but not limited
to any roads with drainage systems, municipal streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures which are within the city.
means any surface flow, runoff, and drainage consisting entirely
of water from rain storm events.
means surface watercourses and water bodies as defined at
40 CFR § 122.2 including all natural waterways and definite
channels and depressions in the earth that may carry water, even though
such waterways may only carry water during rains and storms and may
not carry storm water at and during all times and seasons.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands lying within
the city.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The public works director of the city shall administer, implement,
and enforce the provisions of this chapter. Any powers granted or
duties imposed upon the public works director may be delegated in
writing by the public works director to persons or entities acting
in the beneficial interest of or in the employ of the city.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
This chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and Porter-Cologne Act and acts
amendatory thereof or supplementary thereto, or any applicable implementing
regulations.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards. Therefore this chapter does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants
into waters of the U.S. caused by such person. This chapter shall
not create liability on the part of the city, or any agent or employee
thereof for any damages that result from any discharger's reliance
on this chapter or any administrative decision lawfully made thereunder.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
No person shall discharge or cause to be discharged into the
city storm drain system or into any watercourse 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, other than storm water.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
A.
Discharges
from the following activities will not be considered a source of pollutants
to the storm drain system and to waters of the US. 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:
1.
Potable
water line flushing;
2.
Uncontaminated
pumped groundwater and other discharges from potable water sources;
3.
Landscape
irrigation and lawn watering;
4.
Diverted
stream flows;
5.
Rising
groundwater;
6.
Groundwater
infiltration to the storm drain system;
7.
Uncontaminated
foundation and footing drains;
8.
Uncontaminated
water from crawl space pumps;
9.
Air
conditioning condensation;
10.
Uncontaminated non-industrial roof drains;
11.
Springs;
12.
Individual residential and occasional non-commercial car washing;
13.
Flows from riparian habitats and wetlands;
14.
Dechlorinated swimming pool discharges;
15.
Street wash waters; and
16.
Flows from fire fighting.
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 Federal Environmental Protection Agency, 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 storm drain system.
C.
With
written concurrence of the regional board, the city may exempt in
writing other non-storm water discharges which are not a source of
pollutants to the storm drain system nor waters of the U.S.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
A.
The
construction, use, maintenance or continued existence of illicit connections
to the storm drain 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
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 storm drain system, or water of the U.S., 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
Any person subject to an industrial or 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 public works 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.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
A.
Authorization
to Adopt and Impose Best Management Practices. The city council may
adopt, by resolution, requirements identifying best management practices
for any activity, operation, or facility which may cause or contribute
to pollution or contamination of storm water, the storm drain system,
or waters of the U.S. Where best management practices 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 storm drain system
or water of the U.S., every person undertaking such activity or operation,
or owning or operating such facility shall comply with such requirements.
The public works director shall maintain a record for public
use of all best management practices adopted by resolution of the
city council.
B.
New
Development. The city council shall adopt by resolution, requirements
identifying appropriate best management practices to control the volume,
rate, and potential pollutant load of storm water runoff from all
applicable new development projects, as determined by resolution,
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. The owner and developer shall
comply with the terms, provisions, and conditions of such land use
entitlements and building permits.
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 storm drain system, or waters of the U.S. 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 municipal storm drain system 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.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The public works director may require by written notice that
a person responsible for an illegal discharge immediately, or by a
specified date, discontinue the discharge and, if necessary, take
measures to eliminate the source of the discharge to prevent the occurrence
of future illegal discharges.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
A.
The
public works director may require by written notice that a person
responsible for an illicit connection to the storm drain system comply
with the requirements of this chapter to eliminate or secure approval
for the connection by a specified date, regardless of whether or not
the connection or discharges to it had been established or approved
prior to the effective date of this chapter.
B.
If,
subsequent to eliminating a connection found to be in violation of
this chapter, the responsible person can demonstrate that an illegal
discharge will no longer occur, said person may request city approval
to reconnect. The reconnection or reinstallation of the connection
shall be at the responsible person's expense.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property reasonably free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse. The owner or lessee shall not remove
healthy bank vegetation beyond that actually necessary for maintenance,
nor remove said vegetation in such a manner as to increase the vulnerability
of the watercourse to erosion. The property owner shall be responsible
for maintaining and stabilizing that portion of the watercourse that
is within their property lines in order to protect against erosion
and degradation of the watercourse originating or contributed from
their property.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
Whenever the public works director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the public works director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 12.36.210 through 12.36.240 in this chapter.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
The public works 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 storm drain system
or waters of the U.S., to undertake at said person's expense such
monitoring and analyses and furnish such reports to the city as deemed
necessary to determine compliance with this chapter.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
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 storm drain system, or water of the U.S. from said facility, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of a hazardous
material said person shall immediately notify emergency response officials
of the occurrence via emergency dispatch services (911) and the city
department of public works. 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.
If the discharge of prohibited 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
Whenever necessary to make an inspection to enforce any provision
of this chapter, or whenever the public works director has cause to
believe that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this chapter, the director
may enter such premises at all reasonable times to inspect the same
and to inspect and copy records related to storm water compliance.
In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the city is empowered to seek assistance
from any court of competent jurisdiction in obtaining such entry.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
During any inspection as provided in this chapter, the public
works director may take any samples and perform any testing deemed
necessary to aid in the pursuit of the inquiry or to record site activities.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
Whenever the public works director finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
director may order compliance by written notice of violation to the
responsible person. 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; and
E.
The
implementation or maintenance of source control or treatment practices.
|
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the public works director and the expense thereof shall be charged to the violator pursuant to Section 12.36.230.
|
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
Notwithstanding the provisions of Section 12.36.250, any person receiving a notice of violation under Section 12.36.210 may appeal the determination of the public works director to the city council. The notice of appeal must be received by the city clerk within seven calendar days from the date of the notice of violation. Hearing on the appeal before the city council shall take place within fifteen calendar days from the date of city's receipt of the notice of appeal. The decision of the city council shall be final.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
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 12.36.220 within ten days of the decision of the city council upholding the decision of the public works director, then the city or a contractor designated by the public works 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
Within thirty days after abatement of the nuisance by the city,
the public works 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 chapter, 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
The public works director is authorized to require 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 public works
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. 695 § 2, 2003; Ord. 697 § 2, 2003)
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.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the public works director may impose upon
a violator alternative compensatory action, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
(Ord. 695 § 2, 2003; Ord. 697 § 2, 2003)
In addition to the enforcement processes and penalties 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, and 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. Acts potentially resulting
in a violation of the Federal Clean Water Act and/or California Porter-Cologne
Act. 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. 695 § 2, 2003; Ord. 697 § 2, 2003)
