This chapter shall be known as the "Storm Water Management and Discharge Control Ordinance."
(Ord. 5026 § 3, 2015)
The purposes of this chapter are to protect the health, safety and general welfare of City of El Cajon residents; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with the MS4 Permit (as defined in section 13.10.030), as may be amended, and with applicable state and federal law. This chapter seeks to promote these purposes by:
A.
Prohibiting polluted non-storm water discharges to the storm water conveyance system;
B.
Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution;
C.
Establishing requirements for development project site design, to reduce storm water pollution and erosion;
D.
Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and enhance existing water-dependent habitats;
E.
Establishing standards for the use of off-site facilities for storm water management to supplement onsite practices at new development sites; and
F.
Establishing notice procedures and standards for adjusting storm water and non-storm water management requirements where necessary.
(Ord. 5026 § 3, 2015)
The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter, including use in the City of El Cajon's Jurisdictional Runoff Management Program (JRMP) document, whether or not these words or phrases are capitalized.
means any development that provides 10 or more residential units that share an interior/exterior wall. This category includes, but is not limited to: dormitories, condominiums and apartments.
means the city manager or the city council of the city of El Cajon or any designee of the city manager or the city council of the city of El Cajon, who is responsible for enforcing the provisions of this chapter, including but not limited to, the directors, their management staff, and designees.
means any city employee who is assigned to duties involving permits and other city approvals, inspections, or enforcement related to this chapter.
means a facility that is categorized in any one of the following standard industrial classification codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
defined by 40 CFR 122.2 means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the storm water conveyance system. Best management practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure, approved by the city and consistent with the MS4 Permit that can help to achieve compliance with this chapter.
means practices that use vegetation and amended soils to detail and treat runoff from impervious surfaces. Treatment is through filtration, infiltration, adsorption, ion exchange, and biological uptake of pollutants.
means a natural or improved watercourse with a definite bed and banks that conducts flowing water either continuously or intermittently.
means the city of El Cajon.
means an impaired water body in which water quality does not meet applicable water quality standards and/or is not expected to meet water quality standards, even after the application of technology based pollution controls required by the Clean Water Act. The discharge of runoff to these water bodies by the co-permittees is significant because these discharges can cause or contribute to violations of applicable water quality standards.
means the El Cajon Municipal Code and each and every title, chapter, and section contained therein.
is defined at 40 CFR 122.26(b)(1), and means a permittee to an NPDES permit that is only responsible for permit conditions relating to the discharge for which it is operator.
means any development on private land that is not exclusively heavy industrial or residential uses. The category includes, but is not limited to: mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, automotive dealerships, commercial airfields, and other light industrial complexes.
means any commercial, industrial, residential, or mixed-use development that results in the disturbance of one acre or more in land.
means any project, including projects requiring coverage under the state general construction storm water permit, that involves soil disturbing activities including, but not limited to, clearing, grading, disturbances to ground such as stockpiling, and excavation.
as defined in section 13050 of the Porter-Cologne Water Quality Control Act is "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected." In the event section 13050 of the Porter-Cologne Water Quality Act is amended or superseded, the amended or superseding section shall define "contamination."
means a vegetated area that has been deliberately modified to provide or enhance habitat, to provide water quality benefits, or to moderate water flow rates or velocities, that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
means the County of San Diego.
means any development that provides 10 or more freestanding residential units. This category includes, but is not limited to: detached homes, such as single-family homes and detached condominium.
means a person who seeks or receives permits for, or who undertakes, land development activity.
means the construction, rehabilitation, redevelopment or reconstruction of any public or private projects.
means the area covered by a building, impermeable pavement, and/or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable vegetated land area (e.g., lawns).
means the directors or director of the Building Department, Community Development Department and the Public Works Department.
when used as a verb, means to allow pollutants to directly or indirectly enter storm water, or to allow storm water or non-storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water, and/or non-storm water that are discharged.
means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
means that storm water or non-storm water enters receiving waters from a facility or activity, without mixing with any storm water or non-storm water from another facility or activity prior to entering such receiving waters.
means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.
means areas that include, but are not limited to, all Clean Water Act section 303(d) impaired water bodies; areas designated as an Area of Special Biological Significance by the SWRCB and the RWQCB; State Water Quality Projected Areas; water bodies designated as having a RARE beneficial use by the SWRCB and the RWQCB (as designated in the Water Quality Control Plan for the San Diego Basin and amendments); areas designated as preserves; and any other equivalent environmentally sensitive areas which have been identified by the co-permittees.
refers to any process in which land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via storm water runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, and road building.
means a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded.
means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site.
means any area that has been developed and exists for municipal, commercial, industrial or residential purposes, uses or activities. May include that area not actively used for its originally developed purpose, but may be re-purposed or redeveloped for another use or activity.
means cutting and/or filling of the land surface to a designed slope or elevation.
means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.
means lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet.
means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions.
means the classification system for soil erodability set out in Soil Survey— San Diego Area, California (December 1973), issued by the U.S. Department of Agriculture Soil Conservation Service and U.S. Forest Service. In this system soils are categorized into four runoff potential groups. The groups range from "A" soils, which have high permeability and little runoff production, to "D" soils, which have low permeability rates and produce much more runoff.
means the change in the natural hydrologic processes and runoff characteristics (i.e., interception, infiltration, overland flow, interflow and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and changes in sediment transport. In addition, alteration of stream and river channels, installation of dams and water impoundments, and excessive stream bank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes.
means a pipe, facility, or other device connected to the storm water conveyance system or receiving waters, which has not been reviewed and authorized by the city; or a permitted or authorized pipe, facility, or other device, which conveys illicit discharges.
means any discharge into the storm water conveyance system, or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of non-storm water that are not exempt discharges listed in section 13.10.060 of this code, discharges of irrigation runoff to the storm water conveyance system, any discharge from an illegal connection, and any discharge that contains additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a NPDES permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES permit are illicit discharges for purposes of this chapter unless compliance with all applicable permit and SWPPP conditions are maintained.
means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, concrete or asphaltic sidewalks, and concrete driveways.
means the ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if from directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
means manufacturing, processing, or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product.
when used as a verb, means the process of percolating storm water or non-storm water into the soil. Infiltration, when used as a noun, is water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground though such means as defective pipes, pipe joints, connections or manholes.
means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands, or filtering swales are not infiltration facilities.
means a written plan describing the specific jurisdictional runoff management measures and programs that each co-permittee implements to comply with the MS4 Permit and to ensure that storm water pollutant discharges in runoff are reduced to the maximum extent practicable and do not cause or contribute to a violation of water quality standards.
means construction, rehabilitation, redevelopment, or reconstruction of any public or private projects.
means any activity that moves soils or substantially alters the preexisting vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.
means the holder of legal title to the land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long term lease.
means a storm water management and land use development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-development hydrologic functions.
include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of water of the United States through storm water management and land development strategies that emphasize conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect re-development hydrologic functions. LID BMPs may include retention practices that do not allow runoff, such as infiltration, rain water harvesting and reuse, and evapotranspiration. LID BMPs also include flow-through practices such as biofiltration that may have some discharge of storm water following pollutant reduction.
means periodic action taken to maintain the as-designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.
is an acceptability standard for BMPs. When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that are still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if: it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs.
refers to RWQCB Order No. R9-2013-0001, NPDES Permit No. CAS0109266, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region, as may be amended.
means a facility owned or operated by the city of El Cajon that is used for a governmental purpose. Facilities or municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. The commercial or industrial lessees of such facilities may, however, be subject to this chapter as dischargers.
means a natural swale or topographic depression, which gathers and/or conveys runoff to a permanent or intermittent watercourse or water body.
means land disturbing activities; structural development, including construction or installation of a building or structure; the creation of impervious surfaces; and land subdivision.
includes discharges to and from a storm water conveyance system that do not originate from precipitation events. Non-storm water includes illicit discharges and NPDES permitted discharges.
means a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency, the SWRCB, or the RWQCB. The NPDES is the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 318, 402, and 405 of the Clean Water Act.
means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce.
means any person or owner to whom a grading permit is issued, or for whom a grading plan is approved, pursuant to chapter 15.64 of this code.
means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated.
as defined in the Porter-Cologne Water Quality Control Act is the "alteration of the quality of the waters of the state by waste, to a degree which unreasonably affects either of the following: (A) The waters for beneficial uses"; or "(B) Facilities which serve these beneficial uses." Pollution may include contamination.
is defined as practices and processes that reduce or eliminate the generation of pollutants, in contract to source control BMPs, treatment control BMPs, erosion and sediment control BMPs or disposal.
means Division 7 of the California Water Code as may be amended from time to time.
means any building, lot parcel, land or portion of land whether improved or unimproved.
refers to new development and redevelopment project categories as more fully set forth in chapter 16.60 of this code.
means the limits of all grading and ground disturbance, including landscaping, associated with a project.
has the same meaning as in section 1.16.020 of this code.
means from October 1 through April 30.
means all waters that are "Waters of the United States," such as surface bodies of water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral (exhibiting bed, bank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean.
means any construction, alteration or improvement at an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surface. Redevelopment also includes disturbance of one or more acres of land and expected to generate pollutants post construction.
means, for the purposes of this chapter, a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (standard industrial classification code 5812).
means a retail gasoline outlet that is 5,000 square feet or more or with a projected average daily traffic of 100 or more vehicles per day.
means all flows in a storm water conveyance system including storm water (wet weather flows) and non-storm water (dry weather flows).
means the Regional Water Quality Control Board for the San Diego region.
means soils, sand, minerals or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms' survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth.
means development that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under a priority development project category. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction.
also known as a significant part of low impact development, means any project design feature that reduces the amount of impervious surfaces, disconnects impervious surfaces, reduces creation or severity of potential pollutant sources, and/or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs.
means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas.
means the State of California.
means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto.
means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto.
means an order issued which requires that specifically identified activity or all activity on a site be stopped.
means storm water runoff, snowmelt runoff and surface runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from precipitation events.
means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States; (ii) designated or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of the Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.26.
means the use of structural or non-structural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the city or another municipality, storm water management also includes planning and programmatic measures.
means a plan, submitted on a city form or in a city-specific format in connection with an application for a city permit or other city approval, identifying the measures that will be used for storm water and non-storm water management during the permitted activity.
means a document (other than a storm water mitigation plan), which meets the requirements for an SWPPP set out in the state general construction storm water permit or the state general industrial storm water permit. An SWPPP submitted to the city must describe the BMPs to be implemented and other steps to be taken by the discharger to meet the requirements of this chapter.
for the purposes of this chapter, means any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
means a BMP that relies on either a physical condition, other than an entirely natural and undisturbed condition, or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Constructed or enhanced BMPs that depend on natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands) and that require periodic maintenance to function as designed, are structural BMPs. Structural BMPs in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water and receiving waters, or to prevent or reduce erosion downstream from the project.
means a structural BMP, other than a temporary constructionrelated BMP, put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters, or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural post-construction BMPs.
means the State Water Resources Control Board.
means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.
is defined as the maximum amount of a pollutant that can be discharged into a water body from all sources (point and non-point) and still maintain water quality standards. Under Clean Water Act section 303(d), TMDLs must be developed for all water bodies that do not meet water quality standards after application of technology-based controls.
means a potable or recycled water delivery line greater than or equal to four inches in diameter.
means a permanent or intermittent stream, creek, or other body of water, either natural or improved, which gathers or carries surface water.
are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or the United States Environmental Protection Agency to protect those uses.
means any water, surface or underground, including saline waters within the boundaries of the state as defined in section 10350(e) of the Act. The definition of the "waters of the state" is broader than that for the "waters of the United States" in that all water in the state is considered to be "waters of the state" regardless of circumstances or condition.
means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands.
means a geographical area that drains to a specified point on a water course, usually a confluence of streams or rivers (known as a drainage area, catchment, or river basin).
(Ord. 5026 § 3, 2015)
A.
Responsibility for Administration. This chapter shall be administered for the city of El Cajon by its authorized enforcement officials.
B.
Construction and Application. Interpretation of this chapter shall assure consistency with the purpose and intent of this chapter and shall implement the requirements of the MS4 Permit. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm water and non-storm water discharges regulated under a valid facility-specific NPDES permit or facilityspecific RWQCB Waste Discharge Requirements Permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB.
C.
Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid.
D.
JRMP Document. The city has established and adopted a written description of the runoff management measures and programs, including minimum BMPs that the city will implement, or require to be implemented, to ensure compliance with this chapter. Amendments to the JRMP document shall be approved by the authorized enforcement official.
(Ord. 5026 § 3, 2015)
A.
Discharges from the storm water conveyance system in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in the section 13050 of the Act) in receiving waters of the state are prohibited.
B.
Any discharge to a storm water conveyance system that is not composed entirely of storm water is prohibited unless authorized by the RWQCB.
C.
Illegal Discharges. The discharge of pollutants to non-storm water, directly or indirectly into the storm water conveyance system or receiving waters, is prohibited, except as exempted in section 13.10.060 of this chapter. The discharge of pollutants to storm water, directly or indirectly into the storm water conveyance system or receiving waters, is prohibited, unless the applicable requirements of this chapter have been met.
D.
Illegal Connection. The establishment of illegal connections is prohibited. The use of illegal connections is prohibited, even if the connection was established pursuant to a valid city permit and was legal at the time it was constructed.
E.
Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited.
F.
Waste Discharges. The discharge of waste or materials from the following categories is prohibited:
1.
The discharge of industrial wastes to conventional septic tank or subsurface disposal systems, except as authorized by the terms described in section 13264 of the Act, is prohibited.
2.
The discharge of waste to land, except as authorized by waste discharge requirements or the terms described in section 13264 of the Act is prohibited.
3.
The discharge of waste to inland surface waters, except in cases where the quality of the discharge complies with applicable receiving water quality objectives, is prohibited.
4.
The discharge of waste in a manner causing flow, ponding, or surfacing on lands not owned or under the control of the discharger is prohibited, unless the discharge is authorized by the RWQCB.
5.
The discharge of radioactive, chemical or biological warfare agent into waters of the state is prohibited.
6.
The dumping, deposition, or discharge of waste directly into waters of the state, or adjacent to such waters in any manner which may allow the waste to be transported into the waters, is prohibited unless authorized by the RWQCB.
7.
The unauthorized discharge of treated or untreated sewage to receiving waters of the state or to a storm water conveyance is prohibited.
8.
The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited.
G.
Violations of the MS4 Permit. It is unlawful for any person to cause, or threaten to cause, either individually or jointly any discharge into or from the storm water conveyance system that results in or contributes to a violation of the MS4 Permit.
(Ord. 5026 § 3, 2015)
A.
Permitted Discharges. Any discharge to the storm water conveyance system that is regulated under a NPDES permit issued to the discharger and administered by the state pursuant to the Porter-Cologne Water Quality Control Act is allowed, provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations.
B.
Groundwater Discharges Typically Requiring Permits. Non-storm water discharges to the storm water conveyance system from the following categories are allowed if: (i) the discharger obtains coverage under NPDES Permit No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent order) for discharges to surface waters other than San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or (ii) the RWQCB determines in writing that coverage under NPDES Permit No. CAG919002 (or subsequent permit) is not required. Otherwise, non-storm water discharges from the following categories are illicit discharges:
1.
Discharges from uncontaminated pumped groundwater;
2.
Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year;
3.
Discharges from water from crawl space pumps;
4.
Discharges from water from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year.
C.
Discharges from Water Lines. Non-storm water discharges to the storm water conveyance system from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 (RWQCB Order No. R9-2010-0003, or subsequent order), and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines to the storm water conveyance system are allowed if the discharges have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illicit discharges.
D.
Allowable Discharges. Non-storm water discharges to the storm water conveyance system from the following categories are allowed, unless the authorized enforcement official or the RWQCB identifies the discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illicit discharge:
1.
Discharges from diverted stream flows;
2.
Discharges from rising groundwater;
3.
Discharges from uncontaminated groundwater infiltration to the storm water conveyance system;
4.
Discharges from springs;
5.
Discharges from flows from riparian habitats and wetlands;
6.
Discharges from potable water sources, except as set forth in section 13.10.060 of this chapter; and except that irrigation runoff discharges are considered illegal discharges and are not allowed;
7.
Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances; and
8.
Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances.
E.
Conditionally Allowed Discharges. Non-storm water discharges from the following categories are allowed if they are addressed as described below; otherwise, non-storm water discharges from the following categories are illicit discharges:
1.
Air conditioning condensation. Air conditioning condensation discharges shall comply with applicable BMPs such as directing to landscaped areas, pervious surfaces, and sanitary sewer (where feasible) or other equivalent BMPs as identified in the city's JRMP document.
2.
Individual residential vehicle washing. Wash water from individual residential vehicle washing should be directed to landscaped areas, or other pervious surfaces, or the sanitary sewer, where feasible. Individuals must minimize water usage, washing detergents, and other related vehicle washing products used for residential vehicle washing and implement BMPs from the JRMP document to help prevent the discharge of pollutants associated with individual residential vehicle washing from entering the storm water conveyance system. Non-commercial car washes, such as fundraisers and other similar activities, are not considered to be individual residential vehicle washing. Discharges from such activities are therefore considered illegal discharges.
3.
Swimming pool discharges.
a.
Chlorinated swimming pool water. Residual chlorine, algaecide, filter backwash, and other pollutants shall be eliminated prior to discharging swimming pool water to the storm water conveyance system.
b.
Saline swimming pool water. Saline swimming pool water must be directed to the sanitary sewer, landscaped areas, or other pervious surfaces that can accommodate the volume of water.
F.
Firefighting Activities. Non-storm water discharges to the storm water conveyance system from firefighting activities are allowed if they are addressed as follows:
1.
Non-emergency firefighting discharges. Non-emergency firefighting discharges, including building fire suppression system maintenance discharges (e.g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of pollutants to the storm water conveyance system.
2.
Emergency firefighting discharges. BMPs are encouraged to prevent pollutants from entering the storm water conveyance system. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety.
G.
Exemptions not Absolute. Notwithstanding the categories of non-storm water discharges conditionally allowed by A through F of this section, if the RWQCB or the authorized enforcement official determines that any of these categories of otherwise conditionally allowed non-storm water discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the storm water conveyance system.
(Ord. 5026 § 3, 2015)
A.
Best Management Practices. Any person engaged in activities which may result in discharges to the storm water conveyance system shall, to the MEP, undertake all measures to reduce the risk of non-storm water discharges and pollutant discharges. The following requirements shall apply:
1.
Every person or entity undertaking any activity or use of a premises that may cause or contribute to storm water pollution or contamination, illegal discharges, or non-storm water discharges to the storm water conveyance system shall comply with BMP guidelines or pollution control requirements, as may be established by the authorized enforcement official. Such BMPs include the minimum BMPs set forth in the JRMP document.
2.
An authorized enforcement official may require any business or operation that is engaged in activities which may result in pollutant discharges to the storm water conveyance system to develop and implement a BMP plan, which must include the applicable minimum BMPs from the city's JRMP document.
3.
Each discharger that is subject to any NPDES permit shall comply with all requirements of all such permits. The discharger must also make reports submitted to the RWQCB or other permitting agency, including monitoring data, available to the city upon request.
B.
Guidance Documents. Any authorized enforcement staff under the supervision of the city engineer may prepare, disseminate and maintain guidance documents addressing the use of BMPs for specific activities or facilities, illegal connections, and illegal discharges. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter or specified in the JRMP document.
C.
Significant Sources of Pollutants. Where authorized enforcement staff identify a discharge that is in violation, or is likely to result in a violation, of sections 13.10.050 or 13.10.060 of this code. Authorized enforcement staff may order the discharger to install, implement and maintain additional BMPs. Any such order shall specify a reasonable date by which those BMPs must be put in place. A failure to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
D.
Collection and Use of Storm Water. Authorized enforcement staff may modify any requirement imposed by this chapter to allow the on-site collection and use of stormwater, or the collection of storm water for delivery to and use at city-designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection.
(Ord. 5026 § 3, 2015)
A.
Permit Issuance. No discharger or development project proponent shall receive any city grading, clearing, building or other land development permit or equivalent approval without first meeting the requirements of this chapter and the minimum BMPs listed in the city's JRMP document.
B.
Owners and Operators Both Responsible and Liable. Persons or entities performing a land disturbance activity (including, but not limited to, construction activities) in the city, and the owners of land on which a land disturbance activity is performed, are dischargers for purposes of this chapter; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C.
Plan Submittal Requirements. Any authorized enforcement staff under supervision of the city engineer may prepare plan submittal requirements for permit applications, consistent with this chapter and the city's JRMP document. All applications to the city for a permit or approval associated with a land disturbance activity must demonstrate how the proposed activity will comply with all applicable BMP requirements in a format specified by the city. The submitted materials shall specify the manner in which the discharger or applicant will implement the BMPs required by this chapter and the city's JRMP document for the activity at issue.
D.
Agricultural Grading and Clearing. The requirements imposed by this section for land disturbance activities apply to agricultural grading and clearing, whether or not a city-issued grading and clearing permit is required for that activity. Tilling or cultivating land exclusively for the purpose of growing plants or animals is not considered to be grading or clearing, provided all disturbed material remains on the same site, the tilling or cultivating will not block or divert any natural drainage way, and the land to be tilled or cultivated has been in agricultural production for at least one of the preceding five years.
(Ord. 5026 § 3, 2015)
A.
Application to Development and Redevelopment Projects. No land owner or development project proponent in the city shall receive any city grading, clearing, building or other land development permit required for land development activity or redevelopment activity unless the project meets or will meet the requirements of this chapter, chapter 16.60, and the city's JRMP document.
B.
Post-Construction BMPs. BMP requirements imposed by this section and by the city's JRMP document shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid city permit or approval, at the time a complete application for a subsequent permit or approval is submitted.
C.
Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which land development activity is performed, are dischargers for purposes of this chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
D.
Post-Construction BMPs Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality standards in accordance with the requirements defined in chapter 16.60 and in the city's JRMP document.
E.
Land Development Associated with Agricultural Operations. The requirements imposed by this section for land development activities apply to such activities when they are associated with agricultural operations.
F.
Post-Construction Storm Water Mitigation Plan. Where required by chapter 16.60, the JRMP document, or by the city engineer, all applicable project applications to the city for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post-construction storm water mitigation plan on a form or in a format specified by the city. The plan shall specify the manner in which the discharger/applicant will implement the post-construction BMPs required by this chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to section 15162 of the California Environmental Quality Act. Post-construction BMPs for other aspects of the project need not be addressed in this plan.
G.
Storm Water Mitigation Plan Review Fee and Deposit. Fees for storm water mitigation plan review and deposit thereof shall be adopted by resolution of the city council.
H.
Additional Minimum Post-Construction BMPs for Land Development Activity. Whether a permit or approval is required, and whether a storm water mitigation plan is required to be submitted, all dischargers engaged in land development or redevelopment activities in the city shall implement post-construction BMPs as required by the city's JRMP document if applicable to the project.
I.
Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post-construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP.
(Ord. 5026 § 3, 2015)
A.
Existing Development. Dischargers shall maintain the designed functionality of the storm water conveyance system and BMPs they rely upon to achieve and maintain compliance with this chapter.
B.
Development Projects. The proponents of any development project or redevelopment project that requires a city permit shall provide to the city, prior to issuance of permits for the project, proof of a mechanism acceptable to the city that will ensure ongoing long-term maintenance of all structural post-construction BMPs associated with the proposed project. The property owners shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for ensuring maintenance is accepted by the city and becomes effective, and shall themselves maintain those BMPs if other persons or entities who are also obliged to maintain those BMPs (by contract or covenant, or pursuant to this chapter) fail to do so.
C.
Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the city pursuant to this chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obligated to maintain that BMP pursuant to this chapter.
D.
Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of city enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter.
E.
Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer.
F.
Maintenance Plans for Land Development Activities. The proponents of any land development project or redevelopment project that requires installation of structural post-construction BMPs shall (prior to issuance of permits for the project) provide to the city for review and approval a plan for maintenance of all structural post-construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all structural post-construction structural BMPs at least annually and for the retention of inspection and maintenance records for at least three years.
G.
Access for Maintenance. Structural post-construction BMPs shall provide for adequate access for long-term inspection and maintenance purposes by city's authorized enforcement staff. Where deemed necessary by the city engineer, the proponents of any land development project or redevelopment project that requires a city permit, shall provide to the city for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post-construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection or maintenance (or both) of those BMPs.
H.
Assurance of Maintenance for Land Development Projects. The proponents of any land development activity or redevelopment activity that requires a city permit shall provide to the city, prior to issuance of permits for the project, proof of a mechanism acceptable to the city that will ensure ongoing long-term maintenance of all structural post-construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for ensuring maintenance is accepted by the city and becomes effective.
I.
Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of a bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official.
(Ord. 5026 § 3, 2015)
A.
Regulatory Inspections and Certification Programs. The authorized enforcement official may establish inspection or certification programs to evaluate and enforce compliance with the requirements of this chapter. Authorized enforcement officials and authorized enforcement staff may inspect facilities, activities and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
B.
Inspections of Improvements Associated with Development Projects. In order to comply with this chapter, when any storm drain system or structural BMP is installed on private property as part of a project that requires a city permit, the property owner shall grant to the city permission to access and enter the property at reasonable times and in a reasonable manner to ensure compliance with this chapter. This includes the right to enter the property without prior notice for routine inspections, to enter as needed for additional inspections during construction, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
C.
Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this chapter.
(Ord. 5026 § 3, 2015)
Authorized enforcement officials may enforce this chapter and abate public nuisances as follows:
A.
Administrative Authorities.
1.
Administrative Penalties. Administrative penalties may be imposed pursuant to chapter 1.13 of this code. Administrative penalties may include the recovery of fines assessed against the city by the RWQCB. Any later-enacted administrative penalty provision in this code shall also be applicable to this chapter, unless otherwise provided therein.
2.
Cease and Desist Orders. Written or verbal orders may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official.
3.
Notice and Order to Clean, Test, or Abate. Written or verbal orders may be issued to perform activities to comply with the city's JRMP document, this chapter, or as directed by authorized enforcement staff where conditions warrant.
4.
Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under sections 13.10.120(A)(1), (2), and 3 are not performed, the authorized enforcement official may abate any public nuisance pursuant to chapter 1.16 of this code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure.
5.
Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.
6.
Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other city license suspension or revocation in accordance with applicable sections of this code.
B.
Judicial Authorities.
1.
Civil Penalties and Remedies. The city attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in section 13.10.140(D) of this chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2.
Injunctive Relief. The city may enforce compliance with this chapter by judicial action for injunctive relief.
3.
Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code, or to issue a citation and notice to appear as prescribed by chapter 1.16 and by the Penal Code section 853.6. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter.
(Ord. 5026 § 3, 2015)
In addition to failing to comply with any of the other requirements of this chapter, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity:
A.
Causing, Permitting, Aiding, or Abetting Non-compliance. Causing, permitting, aiding, or abetting non-compliance with any part of this chapter constitutes a violation of this chapter.
B.
Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the city concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay city enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
C.
Failure to Promptly Correct Non-Compliance. Violations of this chapter must be corrected with the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB.
D.
City Permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to this chapter; any failure to comply with storm water-related provisions of a city-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water-related provisions in any other city permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "storm water-related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating runoff flows rates or velocities, whether the provision or condition was initially imposed to promote those outcomes.
(Ord. 5026 § 3, 2015)
A.
For all public watercourses, the applicant shall grant or cause to be granted to the city, at the city engineer's discretion, a drainage easement (riparian buffers and corridors) in accordance with the requirements of the city engineer prior to the issuance of a grading permit, or prior to the approval of a grading plan.
B.
For all private watercourses, including brow ditches, where the continuous functioning of the drainage way is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction, or any combination thereof, shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage way(s) on the owners of record of each respective lot affected. Permanent off-site drainage or flowage easements, as required by the city engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the city engineer and recorded prior to approval of the grading plan, or issuance of a grading permit.
C.
No man-made dams, ponds, diversions, flow decelerators or excessive vegetation shall be placed, allowed to be placed, or allowed to grow within the property subject to an approved grading plan, or a grading permit, without suitable provisions, as approved by the city engineer, for maintenance. Erosion or siltation as a result of these features shall be the sole responsibility of the property owner.
D.
The permittee has the right to the proper discharge of natural drainage, within the provisions of this chapter, into natural drainage courses. The quantity of peak runoff shall be limited to the quantity of peak runoff of predevelopment conditions. This includes the right to discharge, within natural basins, runoff due to decrease of permeability of the property from grading operations, landscaping, and the construction of improvements and to discharge a reasonable silt load in this runoff comparable to the historic, predevelopment condition.
(Ord. 5026 § 3, 2015)
A.
If, at any stage of work for which an approved grading plan, or a grading permit, is required, the city engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the city engineer may specify and require reasonable safety precautions to avoid the danger. The permittee may be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from his or her grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the city engineer. Erosion and sediment control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. Costs associated with any work outlined in this section shall be incurred by the permittee.
B.
No off-site work will be required when, in the opinion of the city engineer, the permittee has properly implemented and maintained erosion control measures and the deposition of soil and debris or erosion on adjacent properties is the direct or indirect result of actions of the downstream property owner.
(Ord. 5026 § 3, 2015)
A.
As applicable, all applications for permits related to construction activities, regardless of the date of submittal and including, but not limited to, projects that require an approved grading plan or permit, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways.
B.
Plans for an erosion and sediment control system shall be prepared and submitted for the review and approval of the city engineer as a part of any application for a construction permit. The erosion and sediment control plan shall comply with the requirements of the latest state general construction storm water permit (if applicable) and this chapter to satisfy the requirements for controlling erosion and eliminating the discharge of sediment and pollutants. The erosion and sediment control plan shall include, but not be limited to, the following information:
1.
Name, address, and a 24-hour phone number of the owner or responsible party, and the person or contractor responsible for construction activities, installing and maintaining the site's BMPs, and performing emergency BMP deployment work.
2.
The name, address and signature of the civil engineer or person who prepared the plan.
3.
Show the location of all proposed erosion and sediment control BMPs, non-stormwater control BMPs, and waste management control BMPs. Show the location and placement of BMPs such as gravel bags, diverters, check dams, slope planting, drains, and other BMPs required by the city's JRMP document.
4.
All desilting basins; debris basins; silt traps; and other desilting, velocity retarding facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors.
5.
The streets, easements, drains, and other improvements.
C.
Erosion and sediment control system standards shall be as follows:
1.
BMPs in the erosion and sediment control plan shall be implemented as required by the city's JRMP document.
2.
All removable protective devices shown on the plan shall be in place at the beginning of construction activities and at the end of each working day when there is a 50% chance (or greater) of rain within a 48-hour period. If the developer does not provide the required installation or maintenance of erosion and sediment control plan BMPs within 2-hours of notification at the 24-hour phone number on the plans, the city engineer may order city crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except sediment and erosion control work activities may be performed until the full amount drawn from the deposit is restored by the developer.
3.
No earth or organic material shall be deposited or placed where it may be directly carried into a stream or body of standing water.
4.
At any time of year, all inactive areas of a site shall be fully protected from erosion. An area of a site is considered inactive if construction activities have ceased for a period of 14 days or more consecutive days.
D.
Dust Control. All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected or contained in such a manner as to reduce or minimize nuisance from dust or spillage upon adjoining property or streets. Equipment and materials on the site shall be used in such a manner as to avoid excessive dust.
E.
Maintenance of BMPs. All erosion and sediment control BMPs shall be functional at all times. Prior to the rainy season and after each major storm, all BMPs shall be inspected to assure the functionality. BMP maintenance shall be conducted throughout the life of the project.
F.
No grading work shall be allowed during the rainy season on any site when the city engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the city determines that it is necessary for the city to cause erosion control measures to be installed or cleanup to be done, the developer shall pay all of the city's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges.
(Ord. 5026 § 3, 2015)
A.
Except for agricultural grading plans, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the permittee to promote the growth of plants to protect the slopes against erosion. The permittee shall be responsible for installation and maintenance of the irrigation system until the city engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the city engineer finds that a slope less than 15 feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than 50 feet would be required.
B.
Plans for the irrigation system shall be approved by the city engineer prior to installation. The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the city engineer prior to final approval of the grading. A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations.
(Ord. 5026 § 3, 2015)
A.
The city engineer may modify or waive the requirements for planting or irrigation systems if he or she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation.
(Ord. 5026 § 3, 2015)
A.
Administrative Penalties. Administrative penalties may be imposed pursuant to this code. Any laterenacted administrative penalty provision in this code shall also be applicable to violations of this chapter, unless otherwise provided therein.
B.
Misdemeanor Penalties. Non-compliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the State of California, and this code.
C.
Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this code, or the Penal Code, or the Government Code of the State of California.
D.
For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the city. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:
1.
Injunctive relief;
2.
Costs to investigate, inspect, monitor, survey, or litigate;
3.
Costs to place or remove soils or erosion and sediment control BMPs, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation;
4.
Compensatory damages for losses to the city or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations;
5.
Civil Penalties;
6.
Reasonable attorney fees; and
7.
Fines assessed against the city by the RWQCB, SWRCB, or the United States Environmental Protection Agency.
As part of a civil action filed by the city to enforce provisions of this chapter, a court may assess a maximum civil penalty in accordance with the general penalty clause as set forth in the El Cajon city charter, in section 1.24.010 of this code, or any other penalty adopted by the city, but in any case to be assessed per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s).
In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require.
E.
Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies.
(Ord. 5026 § 3, 2015)