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HomeMy WebLinkAboutCC ORD 1994-2088 Adds Ch. 14.22, stormwater management and discharge control (14.22)ORDINANCE NO. 94-2088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 14.22 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROL BE IT ORDAINED by the City Council of the City of National City that Chapter 14.22 is added to the National City Municipal Code, to read as follows: Chapter 14.22 Stormwater Management and Discharge Control Sections: 14.22.010 Title 14.22.020 Purpose and Intent 14.22.030 Definitions 14.22.040 Construction and Application 14.22.050 Discharge of Pollutants --Prohibited 14.22.060 Exception to Discharge Prohibition 14.22.070 Discharge in Violation of Permit --Prohibited 14.22.080 Illicit Connections --Prohibited 14.22.090 Reduction of Pollutants in Stormwater--Minimum Requirements 14.22.100 Watercourse Protection 14.22.110 Enforcement Authority 14.22.120 Remedies Not Exclusive 14.22.010 Title. This ordinance shall be known as the "National City Stormwater Management and Discharge Control Ordinance" and be so cited. 14.22.020 Purpose and Intent. A. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the citizens of the City of National City by: 1. Controlling non-stormwater discharges to the stormwater conveyance system. 2. Eliminating discharges to the stormwater conveyance system from spills, dumping or disposal of materials other than stormwater, or permitted or exempted discharges. 3. Reducing pollutants in stormwater discharges, including those pollutants taken up by stormwater as it flows over urban areas, to the maximum extent practicable. 4. Reducing pollutants in stormwater discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. 1 B. The intent of this ordinance is to protect and enhance the water quality of the watercourse, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego Regional Water Quality Control Board Order Number 90-42, NPDES Permit Number CA 0108758 and any subsequent amendments, revisions, or reissuance of the permit. 14.22.030 Definitions. When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section: A. "Basin Plan": the "Comprehensive Water Quality Control Plan for the San Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the State Water Resources Control Board, together with subsequent amendments. B. "Best Management Practices (BMPs)": schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. "California Ocean Plan": the "California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the State Water Resources Control Board September 1991 and any subsequent amendments. D. "Employee Training Program": a documented employee training program for all persons responsible for implementing a Stormwater Pollution Prevention Plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with stormwater pollution prevention, and an overview of the potential impacts of polluted stormwater on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the stormwater conveyance system. 5. Discussion of the difference between the stormwater conveyance system and the sanitary sewer system. 6. Identification of all on -site connections to the stormwater conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with stormwater discharge. A documented employee training program prepared pursuant to any NPDES Stormwater permit shall meet the definition of an Employee Training Program for the purposes of this Chapter. E. "Enclosed Bays and Estuaries Plan": the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California" adopted by the State Water Resources Control Board April 11, 1991 and any subsequent amendments. F. "Enforcement Official": any designee of the City Manager who is responsible for enforcing the provisions of this chapter. G. "Illicit Connection": any un-permitted or undocumented physical connection to the stormwater conveyance system which has not been approved by the City, or which drains illegal discharges either directly or indirectly into a stormwater conveyance system. H. "Illegal discharge": any non -permitted or non-exempt discharge to the stormwater conveyance system that is not composed entirely of stormwater, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan standards. I. "National Pollution Discharge Elimination System (NPDES) Permit": a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States. J. "Non-stormwater discharge": any discharge to the stormwater conveyance system that is not entirely composed of stormwater. K. "Plan Standard": any or all applicable requirements of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan. 3 L. "Pollutant": may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan Standards such as fecal coliform, fecal streptoccoccus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC) lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan and the California Ocean Plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature. M. "Premises": any building, lot, parcel, real estate, land or portion of land whether improved or unimproved. N. "Receiving Water": surface bodies of water, as described in Order number 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve as discharge points for the stormwater conveyance system, including: San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel and La Paleta Creek. O. "Stormwater": surface runoff and drainage associated with storm events and snow melt. (See subsection "J" for non- stormwater discharge). P. "Stormwater Conveyance System": includes but is not limited to those municipal facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels or storm drains. Q. "Stormwater Pollution Prevention Plan": a document which describes the on -site program activities to eliminate or reduce to the maximum extent practicable, pollutant discharges to the stormwater conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premises and have a reasonable potential to impact stormwater quality. 4 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error. 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the stormwater conveyance system. 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal stormwater conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area. 5. An employee training program, as defined in paragraph "D" of this Section, including training outlines and training records. 6. A description of any stormwater monitoring program that is conducted on the site. A Stormwater Pollution Prevention Plan prepared and implemented pursuant to any NPDES Stormwater permit shall meet the definition of a Stormwater Pollution Prevention Plan for the purposes of this Chapter. R. "Surface Waters Plan": the "California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California" adopted by the State Water Resources Control Board, April 11, 1991 or the most current amendments thereto. S. "Watercourse": means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. "Watercourse" does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. T. "Wet Season": October 1 through April 30. 14.22.040 Construction and Application. This Chapter shall be interpreted to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA 0108758 and any amendment, revision or reissuance thereof. 5 14.22.050 Discharge of Pollutants --Prohibited. The discharge of non-stormwater discharges to the stormwater conveyance system is prohibited, except as specified in Section 14.22.120 of this Chapter. 14.22.060 Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section 14.22.100 above: A. The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, Division 7 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations. B. Discharges from the following activities which do not cause or contribute to the violation of any plan standard: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains (not including active groundwater dewatering systems), water from crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting activities, and waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and the California Health and Safety Code Section 25117. C. Notwithstanding the exemptions provided by paragraph "B", if the Regional Water Quality Control Board or the enforcement agency determines that any of these discharges cause or contribute to violations of the water quality standards set forth in the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Waters Plan, or the California Ocean Plan or that these discharges are significant contributors of pollutants to surface waters, these discharges shall be prohibited from entering the stormwater conveyance system. D. The prohibition of discharges shall not apply to any discharge which the enforcement agency or the local health officer, and the Regional Water Quality Control Board determine are necessary for the protection of the public health and safety. 14.22.070 Discharge in Violation of Permit -- Prohibited. Any discharge that would result in or contribute to a violation of NPDES Permit No. CA 0108758, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge. 6 14.22.080 Illicit Connection -- Prohibited. It is prohibited to establish, use, maintain, or continue illicit connections to the city storm water conveyance system, regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. 14.22.090 Reduction of Pollutants in Storm Water -- Minimum Requirements. Any person engaged in activities which will or may result in pollutants entering the city storm water conveyance system shall undertake all measures to reduce such pollutants to the maximum extent practicable. The following minimum requirements shall apply: A. Business Related Activities - All owners or operators of premises where pollutants from business related activities may enter the stormwater conveyance system must reduce any such pollutants as are generated from said premises to the maximum extent practicable (MEP). The enforcement official may require the business to develop and implement a Stormwater Pollution Prevention Plan (SWPPP), as defined in section 14.22.060 of this Chapter. Examples of business related activities are maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading and/or cleanup procedures which are carried out partially or wholly out of doors. B. Standard for Parking Lots and Similar Structures - Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the City stormwater conveyance system to the maximum extent practicable, but not less than once prior to each wet season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. C. Best Management Practices for New Developments and Redevelopments - Any person performing construction work in the City shall prevent, to the maximum extent practicable, pollutants from entering the storm water conveyance system by complying with Section 7013 of the 1991 Uniform Building Code as amended by Municipal Code Chapter 15.70, the Standard Specifications for Public Works Construction manual, and applicable provisions of the General Construction Activity Storm Water NPDES permit issued by the State Water Resources Control Board. The City Engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. 7 D. Compliance with NPDES Stormwater Permits - Each industrial discharger, discharger associated with construction activity, or other discharger, subject to any NPDES stormwater permit addressing such discharges, as adopted by the United States Environmental Protection Agency, the State Water Resources Control Board (SWRCB), or the California Regional Water Quality Control Board, San Diego Region (RWQCB), shall comply with, and undertake all other activities required by any stormwater permit applicable to such discharges, including but not limited to, the SWRCB statewide General Industrial and General Construction Activity Stormwater Permits, and the RWQCB General De -Watering Permits (Order No. 91-10 and 90-31). Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. E. Compliance with Best Management Practices - Every person owning or operating any activity, operation, or facility will comply with storm water best management practices adopted by Federal, State, Regional, or local agencies, as applicable. 14.22.100 Watercourse Protection. A. Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. B. No person shall commit or cause to be committed any of the following acts, unless a written permit has been obtained from the City Engineer, and the appropriate State or Federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to a watercourse; 2. Modify the natural flow of water in a watercourse; 3. Carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank; 4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance; 8 5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such a watercourse. 7. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game Stream Alteration Permit process. 14.22.110 Enforcement Authority. A. Enforcement of Chapter - The enforcement of this Chapter shall be accomplished in the same manner as provided in Chapter 7.32 of the Municipal Code except that the term "Code Conformance Officer" shall include the enforcement official as defined in this Chapter and that all references to "Title 7" shall be replaced by "Stormwater Management and Control Ordinance" for the purposes of this chapter only. B. Authority In Addition to Chapter 7.32 The enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: 1. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illicit stormwater discharge to the stormwater conveyance system. Upon request, split samples shall be given to the person from whose property or vehicle the samples were obtained. 2. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illicit discharge to the stormwater conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle. 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illicit discharge or whether the requirements of this chapter are met. 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to stormwater pollution and constituting a violation of this Chapter found during an inspection. 9 5. Review and obtain a copy of the Stormwater Pollution Prevention Plan prepared by an owner and/or occupant or facility operator, if such a plan is required. 6. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 7. Review and obtain copies of all stormwater monitoring data complied by the owner and/or occupant or facility operator, if such monitoring is required. 8. The enforcement official may issue warning notices to any person owning or occupying a premises to clean-up and abate any release of pollutants on those premises which may results in a violation of this chapter. The enforcement official may also order the abatement of pollutant storage practices which may reasonably result in such a violation. 9. The enforcement official may require reasonable monitoring of discharges from any premises to the stormwater conveyance system and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the maximum extent practicable. 14.22.120 Remedies Not Exclusive. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. PASSED and ADOPTED this 6th day of December 1994. ATTEST: Lo i Anne Peoples, City Clerk APPROVED AS TO FORM: O/(:4:6:3C George H. Eiser, III City Attorney 10 G ORGE rI WATERS, MAYOR Passed and adopted by the Council of the City of National City, California, on e. caber 6, 1994 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None Beauchamp, Inzunza, Morrison, Zarate, Waters AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California afl— City)Clerk of the City of Nationale City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on November 22, 1994 and on cc bNx.6.,. 1994 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.94-208 of the City of National City, passed and adopted by the Council of said City on December 6, 1994 (Seal) City Clerk of the City of National City, California By: Deputy