This chapter is known as "Stormwater Management and Discharge Control Ordinance," and may be so cited.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
The purpose of this chapter is to establish minimum stormwater management requirements and controls to assist in the protection and enhancement of the water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in stormwater discharges to the maximum extent practicable. This chapter seeks to meet that purpose through the following objectives:
A.
To comply with all federal and state laws, lawful standards and orders applicable to stormwater and urban runoff pollution control;
B.
To prohibit any discharge which may interfere with the operation of, or cause any damage to the storm drain system or impair the beneficial use of the receiving waters;
C.
To prohibit illicit discharges into the storm drain system;
D.
To effectively prohibit non-stormwater discharge to the storm drain system to the maximum ex-tent practicable;
E.
Minimize increases in stormwater and runoff from any development in order to reduce flooding, siltation, and stream bank erosion and maintain the integrity of drainage channels;
F.
Minimize nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality; and
G.
Minimize the total annual volume of surface water runoff that flows from any specific site during and following development.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES General Permit No. CAS000004 and any amendment, revision, or reissue thereof.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city of Lathrop.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances should be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 07-265 § 1; Ord. 15-352 §1)
The city engineer and designees shall administer, implement, and enforce the provisions of this chapter for the city. Any powers granted or duties imposed upon the city engineer may be delegated in writing by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter, shall be guilty of a misdemeanor unless such violation or failure is declared herein to be an infraction.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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 United States caused by such person. This chapter shall not create liability on the part of the city of Lathrop, 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. 07-265 § 1; Ord. 15-352 § 1)
Any terms defined in the Federal Clean Water Act and acts amendatory thereof of supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definitions of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms and other terms presently are defined as follows:
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
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 the city engineer, or respective designee(s) of the city engineer that is/are authorized to enforce the provisions of this chapter.
means schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the SWPPP to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to the waters of the United States (33 CFR Section 328.3). Best management practices include treatment requirements; operating procedures; practices to control site runoff, spillage, or leaks, sludge, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures, and such other provisions as the city determines appropriate for the control of pollutants.
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 100 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 Lathrop.
means and includes, but is not limited to, any of those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works ("POTW") as defined at 40 CFR, Section 122.2.
means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
includes any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to stormwater. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.
means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
means a person who undertakes land disturbance activities.
means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction.
means any addition of any pollutant to the city storm drain system, including creeks, ditches, culverts and gutters, from any point source.
means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration of 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 properly treated, stored, transported, disposed of or otherwise managed (California Health and Safety Code Section 25117).
means any material, including any substance, waste or combination thereof, that because of its quality, 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 (California Health and Safety Code Section 25117).
means any discharge to the stormwater conveyance system that violates this chapter, or is prohibited by federal, state or local laws, or that degrades the quality of receiving waters in violation of any plan standard.
means either:
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-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system from indoor drains and sinks, regardless of whether such 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 any activity subject to an NPDES industrial permit, as defined in 40 CFR, Section 122.26(b)(14).
means the process of percolating stormwater into the subsoil.
means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
means any activity that changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370), to control discharges from point sources to waters of the United States.
means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.
means pollution from any source other than from any discernible, confined, and discrete source, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources.
means any discharge to the stormwater conveyance system that is not entirely composed of stormwater except those exemptions noted within an NPDES permit and this chapter.
means a document filed with the State Water Resources Control Board which can be used to clearly identify the responsible parties, locations, and scope of operations of dischargers covered by the general NPDES permit and to document the discharger's knowledge of the requirements for a SWPPP.
means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee or otherwise.
means any contaminant that can degrade the quality of the receiving water in violation of any water quality standard or NPDES permit. 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 that may cause or contribute to pollution; 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. The term "pollutant" shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of the ordinance codified in this chapter.
means the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and any subsequent amendments thereto.
means any building, lot, parcel of land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
means the city engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including, but not limited to, the duly appointed manager of the city storm drain system.
means any land disturbing activity occurring on existing developed property.
means the state of California Regional Water Quality Control Board, Central Valley Region.
means facilities owned by the South San Joaquin Irrigation District (SSJID) that are also used by the city of Lathrop for storm drainage.
means surface runoff and drainage associated with storm events, which is free of pollutants.
means those artificial and natural facilities within the city of Lathrop, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.
means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate non-stormwater discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the stormwater conveyance system.
means a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants, including, but not limited to, the construction of vegetated channels, grass filter strips, detention ponds, retention and percolation ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters, and proprietary stormwater treatment devices.
means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.
means any flow of water originating from urban areas, including, but not limited to, rain, irrigation, wash water, and air conditioning condensate.
means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets.
means surface watercourses and water bodies as defined in 40 CFR, Section 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 stormwater at and during all times and seasons.
Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation. |
(Ord. 07-265 § 1; Ord. 15-352 § 1; Ord. 25-476, 12/8/2025)
A.
Except as provided in Section 13.28.095, it is unlawful for any person to make or cause to be made any non-stormwater discharge.
B.
Notwithstanding the exemptions provided by Section 13.28.095, if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any stormwater permit, or conveys significant quantities of pollutants to a surface water or stormwater conveyance, or is a danger to public health or safety, such discharge shall be prohibited from entering the stormwater conveyance system.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Subject to the authority granted by the Regional Water Quality Control Board and the enforcement official in Section 13.28.080, the following discharges to the stormwater conveyance system are exempt from the prohibition set forth in Section 13.28.090.
A.
Any discharge or connections regulated under a NPDES permit issued to the discharger and administered by the state to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations.
B.
Discharges from the following activities, which do not cause or contribute to the violation of any NPDES permit:
1.
Water line flushing and other discharges from potable water sources;
2.
Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use;
3.
Rising ground waters or springs;
4.
Passive foundation and footing drains;
5.
Water from crawl space pumps and basement pumps;
6.
Air conditioning condensation;
7.
Natural flows from riparian habitats and wetlands;
8.
Dechlorinated swimming pool discharges;
9.
Flows from fire suppression activities, including fire hydrant flows;
11.
Diverted stream flows;
12.
Uncontaminated ground water infiltration or pumped to separate storm sewers;
13.
Any discharge that the enforcement official, the local health officer or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety;
14.
Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official;
15.
Individual residential car washing on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.
C.
The prohibition shall not apply to any non-stormwater 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 of Lathrop for any discharge to the storm drain system.
D.
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 the SSJID shared facilities.
E.
With written concurrence of the regional board, the city of Lathrop may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system nor to waters of the United States.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
A.
The construction, use, maintenance or continued existence of illicit connections to the stormwater conveyance 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.
C.
The city engineer may require 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 specific date.
D.
A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a stormwater conveyance system, or allows such a connection to continue.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
No person shall throw, discard, deposit, leave, maintain, keep, or permit to be thrown, discarded, 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 waters 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. 07-265 § 1; Ord. 15-352 § 1)
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Any person engaged in activities that may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-stormwater discharge and/or pollutant discharge.
A.
Business-Related Activities.
1.
Stormwater Pollution Prevention Plan. The enforcement official may require any business in the city engaged in activities that may result in pollutant discharges to develop and implement a stormwater pollution prevention plan, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuant to a stormwater pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system. Business activities that may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures carried out partially or wholly out of doors.
2.
Coordination with Hazardous Materials Release Response Plans and Inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
3.
Coordination with Hazardous Waste Generator Contingency Plan and Emergency Procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures, pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
4.
Authorization to Adopt and Impose Best Management Practices (BMPs). The city may adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. 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 storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
B.
Construction.
1.
Any person performing construction activities in the city shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations, including, but not limited to, the current California NPDES general permit for stormwater discharges associated with construction activity (construction general permit) and the city stormwater management and discharge control ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to stormwater must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, source controls, pollution prevention measures, and prohibited discharges.
2.
Any person subject to a construction activity NPDES stormwater 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 enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading 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 or approval of the proposed improvement plans, for projects subject to the state's current construction NPDES general permit, the WDID number and the SWPPP shall be submitted to the city. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan must be submitted to the city.
3.
As required by its Phase II MS4 NPDES permit, the city will conduct stormwater compliance inspections at applicable construction sites that have areas of soil disturbance exposed to stormwater. The inspection will be conducted by a city inspector or agent working for the city. The inspection will evaluate the construction site's compliance to the city's stormwater ordinances. Inspections may be billed by the city to the project owner. If a project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspector, the project's "threat to water quality" will be elevated by the city to the next highest category. This elevation of risk will not affect the risk rating for the construction general permit. The following is the risk rating system and inspection frequency the city will use, which is analogous to the risk rating used by the California construction general permit.
a.
Projects not subject to the CGP or that have an erosivity waiver will have a pre-soil disturbance inspection and a project completion inspection.
b.
Projects that are Risk 1 / LUP Type 1 or Risk 2 / LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.
c.
Projects that are Risk 3 / LUP Type 3 will have a pre-soil disturbance inspection, bi-monthly (twice per month) inspections, and a project completion inspection.
C.
Development.
1.
The enforcement official may require controls as appropriate to minimize the long-term, postconstruction activity discharge of stormwater pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of stormwater, treatment controls designed to remove pollutants from stormwater, low impact development measures, and/or hydromodification measures to offset the difference between the pre-and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will be required to meet the requirements and design standards specified in the current state of California Phase II MS4 NPDES permit and as described in further detail in the city's multi-agency post-construction stormwater standards manual.
2.
At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydromodification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydromodification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit and the city's multi-agency post-construction stormwater standards manual. Documentation of the site's post-construction stormwater design measures must be submitted to the city engineer for review and approval prior to the commencement of the project.
3.
Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed stormwater design measures is required to be submitted to and approved by the city with the signed agreement. The agreement will be recorded with the deed by the county clerk making it transferrable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the city and the homeowners association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the city to submit an annual self-certification that the stormwater control measures are effective and are being maintained in accordance with the submitted and approved operation and maintenance plan.
D.
Compliance with Industrial Stormwater Permit. Any person subject to the state's current industrial NPDES general permit for stormwater discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
E.
Compliance with Best Management Practices. Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to stormwater pollution or contamination or illicit discharges shall comply with best management practice (BMPs) consistent with the California Stormwater Quality Association (CASQA) best management practice handbooks or equivalent guidelines. 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. 07-265 § 1; Ord. 15-352 § 1)
The city engineer may require by written notice that a person responsible for an illegal discharge immediately, or by a specific 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. 07-265 §1; Ord. 15-352 § 1)
Every person owning property through which a watercourse passes, and 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 and 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 and lessee shall not remove the 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 the property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Whenever the city engineer finds that a discharge of pollutants is taking place or has occurred which will result or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the city engineer 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 Section 13.28.240 of this chapter.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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 10 days from the substantial completion of such clearing and construction.
Residential single-family dwellings are exempt in back yards where stormwater is contained on the property.
Impervious material, such as plastic placed under decorative rock, bark, or other landscape covers, is prohibited.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
The city engineer may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, undertake at the person's expense such monitoring and analyses and furnish such reports to the city of Lathrop as deemed necessary to determine compliance with this chapter.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
No person shall allow a spill to discharge into the municipal storm drain system or any watercourse.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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 stormwater, the storm drain system, or waters of the United States from the facility, such 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 such person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, such person shall notify the city's public works department in person or by phone or facsimile no 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. 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. 07-265 § 1; Ord. 15-352 § 1)
Any person subject to an industrial NPDES stormwater discharge permit shall maintain a spill prevention and response plan as part of their stormwater 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 of Lathrop and preventing adverse impacts of any discharge of chemicals, substances, or materials.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
A.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition constituting a violation of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.
B.
Any request for entry shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.
C.
In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
A.
Sampling Authority. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illegal discharge, non-stormwater discharge to the stormwater conveyance system, or similar factors.
B.
Sampling Methods.
1.
During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter.
2.
This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.
C.
Monitoring, Analysis and Reporting Authority.
1.
The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the stormwater conveyance system.
2.
Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
B.
Notice of Violation. Whenever the city engineer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city engineer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1.
The performance of monitoring, analyses, and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices, or operations shall cease and desist;
4.
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5.
Payment of a fine to cover administrative and remediation costs;
6.
The implementation of source control or treatment BMPs.
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. The notice shall further advise that, should the violator fail to remedy or restore within the established deadline, the work shall be done by the city or a contractor designated by the city engineer and the expense thereof shall be charged to the violator pursuant to Section 13.28.270 of this chapter. |
C.
Administrative Enforcement Powers. The enforcement official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the enforcement official's judgment under the circumstances.
1.
Notice of Violation.
a.
Whenever the enforcement official finds that a discharge has taken place, or is likely to take place, in violation of this chapter, or order issued hereunder, the enforcement official may serve a written notice and order to abate upon the property owner and the person responsible for the discharge, by personal service or by registered or certified mail.
b.
Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.
c.
The enforcement official may order the immediate abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges, or dumping to the storm drainage system must occur within 72 hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within 30 days of notification.
d.
Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the notice and order to abate.
e.
Failure to comply with the terms and conditions of a notice and order to abate shall constitute a violation of this chapter. If a person fails to comply with the notice and order to abate, the city engineer may perform, or cause to be performed, such work as shall be necessary to correct the violation. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of paragraph 4 of this subsection C.
f.
The amount of the administrative fine imposed shall be set by the city manager or designee; provided, however, where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 13.28.290. In determining the amount of civil penalty to be assessed, consideration will be given to the following:
i.
The extent to which the owner or person responsible for the violation had knowledge or reasonably should have known that the action taken was a violation of this chapter;
ii.
The magnitude of the violation;
iii.
The extent to which the owner or person responsible for the violation derived a financial benefit from the violation;
iv.
Any prior history of related violations by the same person on the subject property or on other parcels within the city; and
v.
Any corrective action, or lack thereof, taken by the owner or person responsible to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.
2.
Cease and Desist Orders.
a.
The enforcement official may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to discharge in violation of this chapter.
3.
Enforcement Costs Recovery.
a.
The cost of enforcement, abatement and restoration shall be borne by the owner of the property, and the costs therefor shall be invoiced to the owner of the property. Costs recoverable herein include all costs of abatement incurred by the city, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement (California Government Code Section 25845).
4.
Mitigation. The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges or an active source of pollutants entering the city's stormwater conveyance system.
5.
Stormwater Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a SWPPP, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.
6.
Best Management Practices. The enforcement official may establish the requirements of best management practices for any premises.
D.
Civil Action.
1.
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city.
2.
Moneys recovered under this section shall be paid to the city of Lathrop to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
3.
In any such action, the city may seek, as appropriate, any or all of the following remedies:
a.
A temporary and/or permanent injunction;
b.
Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;
c.
Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;
d.
Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;
e.
Referral of the discharger to the State Water Board;
f.
Referral of the discharger to the district attorney for criminal prosecution.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Any person receiving a notice of violation under Section 13.28.240 of this chapter may appeal the determination of the city engineer to the city manager. The notice of appeal must be received by the city manager within 15 days from the date of the notice of violation. Hearing on the appeal before the city manager or designee shall take place within 15 days from the date of city's receipt of the notice of appeal. The decision of the city manager or designee shall be final. If all parties involved (at a minimum, the discharger and the city enforcement official) agree that clean-up activities cannot be completed within the original timeframe, a new timeframe may be set as long as notification is made by the city to the Regional Water Quality Control Board in writing within five business days of the determination that the timeframe requires revision.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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 13.28.250 of this chapter, within 10 days of the decision of the city manager upholding the decision of the city engineer, then the city may institute legal proceedings to obtain an injunction to have the work done by the city or a contractor designated by the city engineer 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. 07-265 § 1; Ord. 15-352 § 1)
Within 30 days after abatement of the nuisance by the city, the city engineer 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 15 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 30 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. The city council may also authorize a notice of abatement lien to be recorded. The costs shall become a lien on the property pursuant to the provisions of California Government Code Section 25845. The director of public works is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the city is fully compensated for the amount of the lien placed upon the property (California Government Code Section 25845).
(Ord. 07-265 § 1; Ord. 15-352 § 1)
The city engineer 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 city engineer, the city of Lathrop is authorized to enter onto private property and to take any and all measures required to remedy the violation. Any expense related to such remediation undertaken by the city of Lathrop shall be fully reimbursed within 30 days by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
The enforcement official may order the immediate abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges, or dumping to the storm drainage system must occur within 72 hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within 30 days of notification.
The enforcement official may order the immediate cessation of any activities that cause an illicit discharge or cause or potentially cause uncontrolled pollutants to enter the stormwater conveyance system when, in the opinion of the enforcement official, the activities present an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Activities may not resume until the enforcement official has verified that the threat to the environment and the city's MS4 has been abated.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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 an enforcement action according to the schedule below:
A.
A notification of violation letter will be sent to any person failing to comply with any of the requirements of this chapter. The letter will clearly outline the actions to be taken to remedy the violation and the time frame in which to have the violation resolved.
B.
If after the notification of violation letter the violation is not corrected within the specified time frame or to the satisfaction of the city, a fine of $250 shall be levied against the violator along with a plan for corrective action.
C.
A second failure to correct the violation within the time specified or the satisfaction of the city shall result in a fine of $1,000 levied against the violator along with a plan for corrective action.
D.
A third failure to correct the violation within the time specified or to the satisfaction of the city shall result in a fine of $10,000 levied against the violator along with a plan for corrective action, and referral to the state of California Regional Water Quality Control Board.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Any person who intentionally or negligently makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, or who willfully or negligently introduces any substance into the storm drain system which causes personal injury or property damage, shall, upon conviction, be guilty of a misdemeanor, punishable by such criminal penalties as may be prescribed by the city. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Enforcement remedies provided for in this chapter are not exclusive. The city may take all, or any combination of these actions against a person, as well as any other enforcement remedies, including injunctive relief, which the city may have available.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provisions.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city engineer may impose upon a violator alternative compensatory action; such as storm drain stenciling, attendance at compliance workshops, storm drain basin cleanup, or other activities.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
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, 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.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and may be subject to the sanctions of those acts, including civil and criminal penalties.
(Ord. 07-265 § 1; Ord. 15-352 § 1)
A.
In the event of any conflict between this chapter and any federal or state law, regulation, order or permit, the requirement that establishes the higher standard for public health or safety shall govern.
B.
To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.
(Ord. 15-352 § 1)