(a)
Authorization to Adopt and Impose Best Management Practices. The city may adopt, and from time to time amend, requirements identifying best management practices for activities, operations, or facilities which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP guidance series. BMP requirements may incorporate by reference best management practices promulgated by federal, state of California, or regional agencies. Where best management practices requirements are promulgated in the BMP guidance series, each person who discharges pollutants to the storm drain system or waters of the U.S., and each person owning or operating any facility that may cause such a discharge, shall comply with those BMP requirements.
The public works director will periodically report to the city council on the status of implementation of BMPs and new BMPs that may be developed for inclusion in the BMP guidance series.
(b)
Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of BMP requirements promulgated pursuant to subsection (a) of this section, each person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of each commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system and/or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the expense of the owner or operator.
(c)
Construction Sites. The city's BMP guidance series shall include best management practices to reduce pollutants in any storm water runoff from construction activities. The city may incorporate BMPs and other requirements in any land use entitlement and construction or building-related permit issued relating to such development or redevelopment. The owner and operator shall comply with the terms, provisions, and conditions of such land use entitlements and building permits and as required by this chapter.
Construction activities subject to BMP requirements shall continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, contamination, or unauthorized discharge of pollutants.
(d)
New Development and Redevelopment. The city shall require appropriate best management practices (BMPs) to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as required by the NPDES permit to minimize the generation, transport and discharge of pollutants. The city shall incorporate BMP requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter and the NPDES permit as it may be amended from time to time.
These requirements may include a combination of structural and nonstructural BMP requirements to ensure the proper long-term operation and maintenance of these BMPs, including inspections and right of entry by city staff or agent to ensure compliance with the requirements of this article or to enforce any provision of this article.
(Ord. 07-002 § 2, 2007; Ord. 14-001 § 1, 2014)