The purpose of this chapter is ensure the health, safety, and general welfare of the citizens of the City, and protect and enhance the quality of watercourses and water bodies within the City pursuant to and in a manner consistent with the Clean Water Act and Porter-Cologne Act by reducing pollutants and non-stormwater discharges to the maximum extent practicable by prohibiting non-stormwater discharges into the storm drain system and improving stormwater management.
This chapter establishes methods for controlling the introduction of pollutants and non-stormwater discharges into the storm drain system and waters of the State in order to comply with requirements of the NPDES permit process. The objectives of this chapter are:
A. 
To regulate the contribution of pollutants by any person to the storm drain system;
B. 
To prohibit illicit connections and illegal discharges to the storm drain system; and
C. 
To establish legal authority to carry out all inspection, surveillance monitoring and enforcement procedures necessary to ensure compliance with this chapter.
(Ord. 10-02 § 2)
For the purposes of this chapter, the following words shall be defined as follows:
“Authorized non-stormwater discharges”
means those categories of non-stormwater discharges authorized by a NPDES permit, including State Board Water Quality Order No. 2003-0005-DWQ.
“Best management practices” or “BMPs”
means activities, practices and procedures to prevent, control, reduce, or remove the discharge of pollutants directly or indirectly to the storm drain system or waters of the State. BMPs include, but are not limited to, treatment practices and facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control site runoff, spillage, or leaks of non-stormwater, water disposal, or drainage from raw 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.
“Clean Water Act”
means the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., and any subsequent amendments thereto.
“Construction activity”
means activities subject to a NPDES permit, including a General Permit for Stormwater Discharges Associated with Construction Activity (Construction General Permit). Construction activities include, but are not limited to, clearing and grubbing, grading, excavating, demolition and utility work.
“Director”
means the Director of the City’s Public Works Department or designee.
“Hazardous material”
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 substantially 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.
“Illegal discharge”
means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 13.04.080.
“Illicit connection”
means:
1. 
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 that allow any non-stormwater discharge including sewage, process wastewater, and contact 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 governmental agency; or
2. 
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 a governmental agency.
“Industrial activity”
means activities subject to a NPDES permit, including an Industrial Stormwater General Permit (Industrial General Permit). Industrial activities include, but are not limited to, the industrial activities defined in Title 40 of the Code of Federal Regulations, Section 122.26(b)(14) as it presently exists or may hereafter be renumbered or amended.
“National Pollutant Discharge Elimination System permit” or “NPDES permit”
means general (Statewide), group and individual stormwater discharge permits issued by the State Board or Regional Board, which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act.
“Non-stormwater discharge”
means any discharge to the storm drain system that is not composed entirely of stormwater, which may include, but is not limited to discharges from organized car washes, mobile cleaning and pressure wash operations.
“Pollutant”
means anything that causes or contributes to pollution. Pollutants include, but are not limited to, the following:
1. 
Commercial and industrial waste (such as paints, varnishes, detergents, plastic pellets, fertilizers, herbicides, pesticides, slag, ash, sludge and other hazardous materials);
2. 
Metals, dissolved and particulate metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium), and nonmetals (such as phosphorus and arsenic);
3. 
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, oils, solvents, coolants, grease and other automotive fluids);
4. 
Eroded soils, sediment and particulate materials in amounts which may cause or contribute to pollution;
5. 
Human wastes (such as sewage, septic effluent, and gray water discharge);
6. 
Animal wastes (such as occur in confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);
7. 
Non-hazardous liquid and solid wastes (such as yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects);
8. 
Wastes and residues that result from constructing a building or structure (such as sediments, slurries and concrete residuals);
9. 
Other hazardous materials, including household hazardous wastes (such as paints, cleaners, oils, batteries, pesticides and other household products that contain corrosive, toxic, ignitable, or reactive ingredients) and radioactive materials; and
10. 
Noxious or offensive matter of any kind.
“Pollution”
means:
1. 
The human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of waters of the State by pollutants; or
2. 
The human-made or human-induced alteration of quality of waters of the state by pollutants to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters of the State for beneficial uses or the facilities which serve these beneficial uses.
“Porter-Cologne Act”
means the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq., and any subsequent amendments thereto.
“Premises”
mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
“Regional Board”
means the Central Coast Regional Water Quality Control Board or the Regional Board Executive Officer acting pursuant to a valid delegation of authority.
“Responsible party”
means every property owner, tenant, lessee, agent, occupant, or other person answerable for the day-to-day operation or otherwise designated in writing to the Director by the property owner to act on behalf of the property owner of the premises.
“State Board”
means the California State Water Quality Control Board.
“Storm drain system”
means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, ditches, 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 and not part of a publicly owned treatment works as defined in Title 40 of the Code of Federal Regulations, Section 403.3(q). The storm drain system is also known as an “MS4” or “municipal separate storm sewer system.”
“Stormwater”
means surface flow, urban runoff, and drainage consisting entirely of water from any form of natural precipitation, such as rain, snow, sleet, or hail, and resulting from such precipitation.
“Waters of the State”
means:
1. 
Surface watercourses and water bodies included in the definition of “waters of the United States” in Title 40 of the Code of Federal Regulations, Section 122.2; and
2. 
Any surface water or groundwater within the boundaries of the State of California.
(Ord. 10-02 § 2; Ord. 14-03 § 2)
This chapter shall apply to all water entering the storm drain system generated on any developed and/or undeveloped lands lying within the City, unless subject to an exemption in Section 13.04.080.
(Ord. 10-02 § 2)
The Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the City.
(Ord. 10-02 § 2)
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and the Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.
(Ord. 10-02 § 2)
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 responsible party will ensure that there will be no contamination, pollution, or illegal discharge into or upon waters of the State caused by said responsible party. This chapter shall not create liability on the part of the City or any City employee, official, or agent for any damages or administrative decision that results from any responsible party’s reliance on this chapter.
Any non-stormwater discharge that would result in or contribute to a violation of an NPDES permit or any amendment, revision, or reissuance thereof, either separately or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the responsible party and such responsible party shall defend, indemnify, and hold harmless the City against any claim, expense, liability, or payment for injury or damage to any person or property and shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement or any legal action resulting from such discharge.
(Ord. 10-02 § 2)
The following non-stormwater discharges shall not be considered illegal discharges subject to Section 13.04.070:
A. 
Authorized non-stormwater discharges when properly managed to ensure that no potential pollutants are present, unless determined to cause a violation of the provisions of the Clean Water Act, Porter-Cologne Act, this chapter, an NPDES permit, or an order or regulation of the Regional Board.
B. 
Non-stormwater discharges specified in writing by the Director or the Regional Board as being necessary to protect public health and safety.
C. 
Non-stormwater discharges specified in writing by the Director with the concurrence of the Regional Board to not be a source of pollutants to the storm drain system or waters of the State.
D. 
Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the responsible party and administered by the Regional Board under the authority of the U.S. Environmental Protection Agency, provided that the responsible party is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval from the City has been granted for any non-stormwater discharge to the storm drain system. Proof of waiver, discharge order, or exemption shall be furnished to the Director upon request.
(Ord. 10-02 § 2)
A. 
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
B. 
A responsible party liable for an illicit connection to the storm drain system shall comply with the requirements of this chapter to eliminate or secure approval for the connection, regardless of whether or not the connection had been established or approved prior to the effective date of the ordinance codified in this chapter. This prohibition expressly includes, without limitation, illicit connections made before the effective date of the ordinance codified in this chapter, regardless of whether the connection was permissible under Goleta Municipal Code or practices applicable or prevailing at the time of connection.
(Ord. 10-02 § 2)
Any responsible party subject to an NPDES permit for industrial or construction activity 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 the release of non-stormwater discharges to the storm drain system, or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of a facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 10-02 § 2)
A. 
The Director shall adopt requirements identifying appropriate best management practices for any activity, operation, or facility that may cause or contribute to pollution of stormwater, the storm drain system, or waters of the State. Where best management practices requirements are promulgated by the City or any Federal, State, or regional agency for any activity, operation, or facility which would otherwise cause pollutants or non-stormwater discharges to the storm drain system or waters of the State, every responsible party undertaking such activity, or owning or operating such facility shall comply with such requirements.
B. 
Notwithstanding the presence or absence of requirements pursuant to subsection A, any responsible party engaged in activities or operations, or owning facilities or premises which will or may result in pollutants or non-stormwater discharges entering the storm drain system or waters of the State shall implement best management practices to the extent they are technically achievable and economically feasible, as determined by the Director, to prevent and reduce such pollutants.
C. 
Every person owning premises, or such person’s lessee, shall keep and maintain or cause to be kept and maintained that part of the storm drain system on or within the premises to prevent pollutants from being discharged into the storm drain system.
(Ord. 10-02 § 2)
A. 
All new development and redevelopment projects must comply with the post-construction stormwater management requirements contained in the Stormwater Technical Guide, Compliance with Stormwater Post-Construction Requirements in Santa Barbara County.
B. 
The responsible person for a new development or redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to Section 13.04.120(A) on a new development or redevelopment project. Failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to this section shall constitute a violation of this chapter.
C. 
The Director may require the responsible person for any new development and redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the County Recorder’s office.
(Ord. 14-03 § 3)
A. 
Whenever the Director has cause to believe that there exists, or potentially exists, or has occurred in or upon any premises any condition which constitutes a violation of this chapter, the Director, may seek consent from the responsible party to enter such premises to inspect the same to determine compliance with this chapter.
B. 
If the Director has been refused consent from the responsible party to enter any part of the premises, the Director may seek issuance of an inspection warrant in accordance with California Code of Civil Procedure Section 1822.50 et seq., from any court of competent jurisdiction.
C. 
The Director may require by written notice that any responsible party engaged in any activity and/or owning or operating any facility that may cause or contribute to pollution or illegal discharges to the storm drain system or waters of the State to undertake monitoring and analysis and furnish reports regarding such monitoring and analysis to the City, at the responsible party’s expense, as deemed necessary by the Director to determine compliance with this chapter.
D. 
The Director may, in accordance with this section, take any samples and perform any testing deemed necessary by the Director to determine compliance with this chapter.
(Ord. 10-02 § 2)
A. 
In addition to other requirements of law, as soon as any responsible party liable for property, a facility or operation, or emergency response for a facility or operation has information of any known or suspected non-stormwater discharge which is resulting or may result in an illegal discharge into the storm drain system or waters of the State, said responsible party shall take all necessary steps to ensure the discovery, containment, and cleanup of such non-stormwater discharge.
B. 
In the event of an illegal discharge of hazardous materials into the storm drain system, the responsible party for the discharge of hazardous materials, and the responsible party for the premises where the hazardous materials enter the storm drain system, shall immediately notify emergency response agencies of the occurrence via emergency dispatch services (911).
C. 
In the event of an illegal discharge of non-hazardous pollutants into the storm drain system, the responsible party for discharge of non-hazardous pollutants, and the responsible party for the premises where the non-hazardous pollutants enter the storm drain system, shall notify the Director by telephone, facsimile, or electronic mail no later than the next business day.
D. 
If the illegal discharge emanates from a commercial or industrial establishment, the responsible party shall also retain an on-site written record of the discharge, clean up, and remediation, and the actions taken to prevent its recurrence. Such records shall be retained and available for review by the Director for at least three years.
(Ord. 10-02 § 2)
A. 
It shall be 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 this chapter shall constitute a misdemeanor and shall be punished as set forth in this section.
B. 
When the Director finds that a violation of or failure to comply with this chapter is occurring or has occurred, the Director may require compliance by written notice of violation or failure to comply to the responsible party. Such notice may require without limitation:
1. 
The performance of monitoring, analysis, and reporting;
2. 
The elimination of illicit connections or illegal discharges;
3. 
That illicit connections, illegal discharges, or other activities, practices, or operations that violate this chapter shall cease and desist;
4. 
The abatement or remediation of pollution and the restoration of any affected premises;
5. 
The implementation of best management practices.
If abatement and/or remediation are required, the notice of violation or failure to comply shall set forth a reasonable deadline, as determined by the Director, within which time such abatement and/or remediation must be completed.
C. 
The Director is authorized to enforce all local, State and Federal laws as they relate to the enforcement of this chapter, including, but not limited to, the following provisions of the City’s municipal code:
1. 
Abatement Pursuant to Chapter 12.13, Public Nuisances. In the event that an abatement process is pursued, the notice authorized in subsection A may serve as the notice of violation authorized in Section 12.13.040 required for abatement proceedings provided that the requirements of Section 12.13.040 are satisfied;
2. 
Administrative Citation Process Pursuant to Chapter 1.02. In the event that an administrative citation process is pursued, the notice authorized in subsection A may serve as the notice of violation authorized in Section 1.02.050 required for abatement proceedings provided that the requirements of Section 1.02.050 are satisfied;
3. 
Criminal prosecution as a misdemeanor/infraction pursuant to Section 1.01.190;
4. 
Cost recovery pursuant to Chapter 2.02.
(Ord. 10-02 § 2)