HomeMy WebLinkAboutCC ORD 2004-2250 Amends §§ 7.18.070, 7.20.140, Chs. 14.22 and 15.70, storm water management (7.18, 7.20, 14.22, 15.70)ORDINANCE NO. 2004 — 2250
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO STORMWATER MANAGEMENT AS REQUIRED BY
REGIONAL WATER QUALITY CONTROL BOARD PERMIT 2001-01 BY
AMENDING TITLE 7, SECTIONS 7.18.070 (ON -STREET ACTIVITIES)
AND 7.20.140 (OUTDOOR ACTIVITIES); TITLE 14, CHAPTER 14.22
(STORM WATER MANAGEMENT AND DISCHARGE CONTROL);
AND TITLE 15, CHAPTER 15.70 (GRADING)
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 7, Chapter 7.18, is amended by amending Section
7.18.070 to read as follows:
7.18.070 Repairing or washing cars on public streets prohibited.
A. , Except for emergency repairs necessary to move a disabled vehicle off
the street, it is unlawful for any person to perform vehicle repairs on public streets or
alleys.
B. Except in a residential area, it is unlawful to wash a vehicle on any public
street. Vehicles may be washed with potable water containing detergent solutions in
residential areas over porous surfaces such as lawns and gravel areas where feasible.
Remaining detergent solutions prepared for use in vehicle washing, but not used up in
that process, may not be disposed of by emptying buckets or other containers directly or
indirectly to the storm water conveyance system or receiving waters. Disposal to the
sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is
required. The use of "hose off or single use engine degreasing chemicals is prohibited,
unless the effluent is captured and disposed of into a sanitary sewer. All other motor
vehicle washing other than at individual residential properties is prohibited, unless all
wash and rinse water is diverted to or contained and disposed to a porous area or the
sanitary sewer.
Section 2. That Title 7, Chapter 7.20, is amended by amending Sections
7.20.130 and 7.20.140 to read as follows:
7.20.130 Repairing and washing of vehicles on residential property —
Restricted.
A. Except as permitted in Section 7.20.130B or C, it is unlawful to wash or
repair a motor vehicle upon property used for residential purposes within the city limits.
B. A motor vehicle may be repaired upon residential property owned by or
rented to that vehicle owner in an enclosed garage, within the rear yard setback or on a
paved parking space or driveway of that property.
C. Noncommercial motor vehicles registered to a resident of the property
may be washed on that property, provided that no liquids, with the exception of potable
water, drain onto a public street.
7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles
and boats on private property, or parking on landscaped setback —Restricted.
A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair or
store any vehicle within or upon any unpaved portion of any private property. This
section shall not be construed to prohibit the washing of a vehicle upon an unpaved
portion of private property, provided that no liquids used in the washing shall drain onto
a public street, with the exception of potable water.
B. It is unlawful to repair, store or wash any vehicle within or upon any paved
or unpaved portion of public property, or to park a vehicle except in an area designated
for parking.
C. Except in paved areas or driveways specifically designed for parking, it is
unlawful to park any vehicle, including a recreational vehicle, recreational trailer, or boat
or boat trailer within the front yard or the exterior side yard setbacks of private
residential property, or on the parkway or landscape area of the public right of way.
D. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking
current or valid registration plates or tags, any junked, wrecked, abandoned or
inoperabl9 vehicle, or any vehicle for which a certificate of non -operation has been
issued by the department of motor vehicles on residential property, except within a fully
enclosed garage or building or behind a solid fence where it is not visible from the street
or other public or private property. Any vehicle that is leaking fuel, oil or transmission
fluid shall not be parked on a public street, or on private property except within a garage
or under a covered parking area.
E. It is unlawful to park or store any recreational vehicle or recreational
trailer, boat or boat and trailer:
1. On a residential parcel unless that recreational vehicle, boat or
trailer is owned by and registered to an occupant of a legal dwelling unit on the same
parcel; or
2. On any other parcel unless the parcel is zoned and licensed for use
as a recreational vehicle or boat storage yard or repair facility.
F. Any vehicle, including a recreational vehicle, recreational trailer or boat or
boat trailer, parked or stored in violation of this Section 7.20.140 is declared to be a
public nuisance and shall be subject to abatement and removal in accordance with
Chapters 1.44 and 11.48. Citations for violations of this section shall not be issued until
twenty-four hours have elapsed after the placement of a notice of warning upon the
offending vehicle, or upon the property when access to the vehicle is denied. Any
vehicle lacking valid registration or subject to a certificate of non operation that visually
appears operable shall first be subject to administrative citation under chapter 1.44 as a
means of abatement before resort to chapter 11.48 when initial abatement efforts are
unsuccessful.
2004 Ordinance 2 Titles 7, 14 and 15
Section 3. That Title 14, Chapter 14.22, is amended to read as follows:
Chapter 14.22
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
14.22.010 Title
14.22.020 Purpose and intent
14.22.030 Definitions
14.22.040 General provisions
14.22.050 Reduction of pollutants in storm water —Minimum requirements
14.22.060 Watercourse protection
14.22.070 Illicit connection and illegal discharge of pollutants —Prohibited
14.22.080 Exceptions to discharge prohibition
14.22.090 Best management practice requirements and general requirements
Applicable to all dischargers
14.22.100 Additional minimum best management practice requirements for
residential activities and facilities
14.22.110 Additional minimum best management practice requirements for
commercial activities and facilities
14.22.120 Additional minimum best management practice requirements for
industrial activities and facilities
14.22.130 Additional minimum best management practice requirements for
municipal activities and facilities
14.22.140 City best management practices
14.22.150 Additional Requirements for Land Disturbance Activity
14.22.160 Additional planning, design and post -construction requirements for
all land development and redevelopment projects
14.22.170 Maintenance of BMPs
14.22.180 Inspection and sampling
14.22.190 Enforcement
14.22.200 Enforcement. Authorized enforcement officials may enforce this
chapter and abate public nuisances as follows
14.22.210 Other acts and omissions that are violations
14.22.220 Penalties
14.22.230 Restrictions and conditions on issuance of ministerial and
discretionary development permits
14.22.010 Title. This chapter shall be known as the "National City Storm
Water 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; 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
2004 Ordinance 3 Titles 7, 14 and 15
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
San Diego Regional Water Quality Control Board (RWQCB) Order No. 2001-01
National Pollutant Discharge Elimination System (NPDES) Permit Number CAS
0108758 and with applicable state and federal law. The City seeks to promote these
purposes by:
1. Controlling non -storm waterstorm water discharges to the storm
waterstorm water conveyance system;
2. Eliminating discharges to the storm waterstorm water conveyance
system from spills, dumping or disposal of materials other than storm water, or
permitted or exempted discharges;
3. Reducing pollutants in storm water discharges, including those
pollutants taken up by storm water as it flows over urban areas, to the maximum extent
practicable (MEP);
4. Reducing pollutants in storm water discharges in order to achieve
applicable water quality objectives for surface waters in San Diego County.
5. Establishing minimum requirements for storm water management,
including source control requirements, to prevent and reduce pollution;
6. Establishing requirements for development project site design, to
reduce storm water pollution and erosion;
7. Establishing requirements for the management of storm water flows
from development projects, both to prevent erosion and to protect and to enhance
existing water -dependent habitats;
8. Establishing notice procedures and standards for adjusting storm
water and non -storm water management requirements where necessary.
B. The intent of this chapter 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 RWQCB Order No. 2001-01, NPDES Permit
Number CAS 0108758 and any subsequent amendments, revisions or reissuance of the
permit, and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by
Ordinance 2213 on November 19, 2002 and any subsequent adopted amendments,
revisions, or modifications.
14.22.030 Definitions. When used in this chapter, the following terms shall
have the meanings ascribed to them in this section:
A. "Authorized Enforcement Official" means the City Manager of the City of
National City or any designee of the City Manager of the City of National City who is
responsible for enforcing the provisions of this Chapter, including but not limited to, the
Directors, their management staff, and designees.
B. "Basin Plan" means 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.
C. "Best Management Practices (BMPs)" means 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 MEP the discharge of pollutants directly or indirectly to waters
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Titles 7, 14 and 15
of the United States. BMPs also include treatment requirements, operating procedures,
and practices to control site runoff, spillage or Teaks, sludge or waste disposal, or
drainage from raw materials storage.
D. "BMPs" means Best Management Practices.
E. "Califomia Ocean Plan" means 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.
F. "Channel" means a natural or improved watercourse with a definite bed
and banks that conducts continuously or intermittently flowing water.
G. "Commercial Discharger" means discharger who operates a regulated
commercial facility.
H. "City" means the City of National City.
I. "Developer" means a person who seeks or receives permits for or who
undertakes land development activity.
J. "Development Project Proponent" means developer.
K. "Directors" means the Director of Public Works/Engineering.
L. "Discharge" 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 is discharged.
M. "Discharger" 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.
N. "Discharges Directly To" means that storm water or non -storm water
enters receiving waters from a facility or activity, without mixing with any storm water or
nonstorm water from another facility or activity prior to entering such receiving waters.
O. "Drainage Easement" means a legal right granted by a land owner to a
grantee allowing the use of private land for storm water management purposes.
P. "Employee Training Program" means a documented employee training
program for all persons responsible for implementing a storm water 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 storm water
pollution prevention, and an overview of the potential impacts of polluted storm water 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 storm water conveyance system.
5. Discussion of the difference between the storm water conveyance
system and the sanitary sewer system.
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Titles 7, 14 and 15
6. Identification of all on -site connections to the storm water
conveyance system.
7. Preventive maintenance and good housekeeping procedures.
8. Material management practices employed by the facility to reduce
or eliminate pollutant contact with storm water discharge.
A documented employee training program prepared pursuant to any NPDES
storm water permit shall meet the definition of an employee training program for the
purposes of this chapter.
Q. "Enclosed Bays and Estuaries Plan" means 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.
R. "Environmentally Sensitive Area" means impaired water bodies, areas
designated as areas of special biological significance or with the RARE beneficial use
by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and
amendments), National Wildlife Refuges, areas designated as preserves for species -
protection purposes by the State of California or a local government, and pre -approved
mitigation areas identified in agreements between the City and state or federal natural
resources agencies.
S. "ESA" means Environmentally Sensitive Area.
T. r "Household Hazardous Waste" means a household hazardous material
that no longer has a use and is discarded or intended to be discarded. The term
includes, but is not limited to, paint and paint -related materials; yard and garden
products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and
household batteries.
U. "Illegal Connection" 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/authorized pipe, facility, or other device,
which conveys illegal discharges.
V. "Illicit Connection" means any unpermitted or undocumented physical
connection to the storm water conveyance system which has not been approved by the
city, or which drains illegal discharges either directly or indirectly into a storm water
conveyance system.
W. "Illegal discharge" means any non -permitted or nonexempt discharge to
the storm water conveyance system that is not composed entirely of storm water, 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.
X. "Impaired Water Body" means a water body that is listed by the SWRCB
as impaired by a particular pollutant or pollutants, pursuant to Section 303 (d) of the
Federal Clean Water Act. "303 (d) listed water body" has the same meaning.
Y. "Impervious Cover or Impervious Surface" means constructed or modified
surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to,
building rooftops, pavement, sidewalks, and driveways.
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Titles 7, 14 and 15
Z. "Impervious Surface Area" means 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.
AA. "Industrial Activity" 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.
BB. "Industrial Discharger" means a discharger who operates a regulated
industrial facility.
CC. "Industrial Storm Water Permit" means the State General Industrial Storm
Water Permit.
DD. "Infiltration" means the process of percolating storm water or non -storm
water into the soil.
EE. "Infiltration BMPs or Infiltration Facility" 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.
FF. "JURMP" is an acronym for Jurisdictional Urban Runoff Management
Program. This document presents the City's storm water program in compliance with
the Municipal Permit.
GG. "Land Development Activity" means any activity or proposed activity that
requires any of the permits or approvals listed in Section 14.22.040 (F) of this Chapter.
HH. "Land Disturbance Activity" means any activity that moves soils or
substantially alters the pre-existing 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 or maintenance activities required to protect public
health and safety.
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Titles 7, 14 and 15
II. "Land Owner" 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.
JJ. "Maintenance [of a BMPj" 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.
KK. "Manual" means the City's Best Management Practices Manual described
in Section 14.22.040 (G) of this Chapter, adopted by resolution and hereinafter referred
to as "Manual".
LL. "Maximum Extent Practicable" is an acceptability standard for Best
Management Practices (BM, Ps). When BMPs are required to meet this standard, the
BMPs must be the most effective set of BMPs that is 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.
Mni. "MEP" means Maximum Extent Practicable.
NN. "Motor Vehicle" means any automobile, car, truck, bus, motor home or
other selfpropelled vehicle used or suited to use for on -road transportation; and any
similar vehicle modified for off -road use.
00. "Municipal Facility" means a facility owned or operated by the City of
National City that is used for a governmental purpose. Facilities on 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 commercial dischargers or industrial
dischargers).
PP. "National Pollution Discharge Elimination System (NPDES) Permit" means
a National Pollutant Discharge Elimination System permit issued by the Regional Water
Quality Control Board or the State Water Resources Control Board, and or the Regional
Water Quality Control Board.
QQ. "NPDES Permit No. CAS 0108758" means RWQCB Order No. 2001-01,
NPDES Permit No. CAS 0108758, "Waste Discharge Requirements for Discharges of
Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the
Watersheds of the County of San Diego, the Incorporated Cities of San Diego County,
and the San Diego Unified Port District."
RR. "Non -Storm Water Discharge" means any discharge to the storm water
conveyance system that is not entirely composed of storm water.
SS. "Plan Standard" means 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.
TT. "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
2004 Ordinance 8 Titles 7, 14 and 15
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 streptococcus, enterococcus,
volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons,
total organic carbon (TOC), total suspended and settleable solids, nutrients, metals,
cyanides, phenols and biocides.
UU. 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 Califomia Ocean Plan standards by altering any of the
following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen
demand (COD) and temperature.
W. "Premises" means any building, lot, parcel, real estate, land or portion of
land whether improved or unimproved.
WW. "Rainy Season" means the period from October 1 through April 30.
XX. "Receiving Water" means surface bodies of water, as described in Order
No. 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve
as discharge points for the storm water 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.
Y. "Redevelopment" means any construction, alteration or improvement of 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 surfaces.
ZZ. "Regulated Commercial Facility" means all non-residential facilities
engaged in business or commerce, whether for profit or not -for -profit, or publicly or
privately owned, except for regulated industrial facilities and municipal facilities; plus
residences used for commercial repair, maintenance, cleaning, manufacturing, food
preparation or painting activity if that activity has the potential to result in the discharge
of non -storm water or the discharge of pollutants to storm water.
AAA. "Regulated Industrial Facility" means any facility subject to the State
General Industrial Storm Water Permit; any other facility primarily engaged in
manufacturing, processing, storage or handling of raw materials, processed bulk
materials, or refuse; and any other facility with a total outdoor uncovered area of more
than two (2) acres that is used for an industrial activity. Municipal facilities are not
regulated industrial facilities, unless they are subject to the State General Industrial
Storm Water Permit.
BBB. "Residential Discharger" means, for an occupied residence, the
occupants; and for a vacant residence, the owner and the manager of the residence.
CCC. "RWQCB" means the Regional Water Quality Control Board for the San
Diego region.
DDD. "Significant Redevelopment" means (1) any redevelopment in the City that
creates or adds at least 2,500 net square feet of additional impervious surface area
within, or within 200 feet of, an Environmentally Sensitive Area (ESA), where runoff from
2004 Ordinance 9 Titles 7, 14 and 15
the redevelopment would discharge directly to receiving waters within the ESA; and (2)
any redevelopment in the City that creates or adds at least 5,000 net square feet of
additional impervious surface area, if that redevelopment involves grading any natural
slope with a total pre -construction height of 20 feet or more and an average
pre -construction slope from toe to top of 25% or more in an area of known erosive soil
conditions.
EEE. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan
designed to reduce pollutants and runoff flows from new development and significant
redevelopment. It was adopted by Ordinance 2213 of November 12, 2002, together
with any amendments or revisions now or hereafter adopted.
FFF. "State General Construction Storm Water Permit" means NPDES Permit
No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water
Associated with Construction Activities, and any amendments thereto.
GGG. "State General Industrial Storm Water Permit" means NPDES Permit No.
CAS000001, Waste Discharge Requirements for Discharges of Storm water Associated
with Industrial Activities Excluding Construction Activities, and any amendments thereto.
HHH. "Stop Work Order" means an order issued which requires that specifically
identified activity or all activity on a site be stopped.
III. "Storm Water" means surface runoff and drainage associated with storm
events and snow melt. (See subsection J of this section for non -storm water
discharger)
JJJ. "Storm Water Conveyance System" includes but is not limited to those
municipal facilities within the city by which storm water 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.
KKK. "Storm Water Management" 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.
LLL. "Storm Water Management Plan" 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.
MMM. "Storm Water Pollution Prevention Plan (SWPPP)" means a document
which describes the on -site program activities to eliminate or reduce to the MEP,
pollutant discharges to the storm water 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
premise and have a reasonable potential to impact storm water quality;
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 storm water conveyance system;
2004 Ordinance 10 Titles 7, 14 and 15
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 storm water 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 subsection D of this
section, including training outlines and training records;
6. A description of any storm water monitoring program that is
conducted on the site.
A storm water pollution prevention plan prepared and implemented
pursuant to any NPDES storm water permit shall meet the definition of a storm water
pollution prevention plan for the purposes of this chapter.
NNN. "Structural BMP" 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 nonstorm 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.
000. "Structural Post -Construction BMP" means a structural BMP (other than a
temporary construction -related 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.
PPP. "SWRCB" means the State Water Resources Control Board.
QQQ. "Surface waters plan" means 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.
RRR. "Tributary to an Impaired Water Body" means a facility or activity is
tributary to an impaired water body if urban runoff from that facility or activity enters (1)
the storm water conveyance system at a place and in a manner that will carry pollutants
for which that water body is impaired in that discharge to the impaired water; (2) a
flowing stream that will carry pollutants for which that water body is impaired in that
discharge to the impaired water; or (3) an ephemeral stream that reaches the impaired
water during storm events and that will carry pollutants for which that water body is
impaired from the facility or activity to the impaired water body during such storm
events.
SSS. "Urban Run-off' means all flows in a storm water conveyance system in
the City other than point source discharges in violation of a site -specific NPDES permit.
Urban run-off includes, but is not limited to, storm water, exempt non -storm water
discharges, and illicit discharges.
TTT. "Water Main" means a potable or recycled water delivery line greater than
or equal to four (4) inches in diameter.
UUU. "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
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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.
VVV. "Water Quality Standards" 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.
WWW. "Waters of the United States" 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)
14.22.040 General provisions.
A. Responsibility for administration. This Chapter shall be administered for
the City of National City by its authorized enforcement officials.
B. Effective date. This Ordinance shall be effective thirty (30) days after
adoption.
C. 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. CAS108758, and any amendments, revision or reissuance thereof, and
SUSMP (Order 2088 (par), 1994). 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 facility -specific
RWQCB Waste Discharge Requirements Permit are not subject to this Chapter, but
shall instead be regulated exclusively by the RWQCB.
D. Recycled water. This Chapter is not intended to prohibit or prevent the
use of recycled water, or the discharge of recycled water after use. This Chapter is
intended to require the use of BMPs for such uses and discharges as necessary to
protect human health and the environment.
E. Severability and validity. If any section of this Chapter is declared invalid
by a court of law, the remaining sections shall remain valid.
F. City permits and approvals.
1. An application for any of the following discretionary permits or
approvals shall be accompanied by plans demonstrating how the requirements of this
Chapter 14.22 will be met, and the permit or approval shall not be approved unless the
decision maker determines that the application complies with the requirements of this
Chapter:
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time extension)
a. Conditional Use Permit (including modification or extension)
b. Coastal Development Permit
c. Parcel Map (and modifications)
d. Reclamation Plan
e. Planned Development Permits
f. Planned Unit Development Permits
g. Planning Commission Approval of Plans
h. Site Plan Review
i. Tentative Map (and amendments to conditions of approval or
j. Tentative Parcel Map
k. Variance
2. An application for any of the following ministerial permits or
approvals shall be accompanied by plans demonstrating how the specifically applicable
requirements, if any, set out in corresponding sections of the Manual will be met, and
the permit or approval shall not be approved unless the decision maker determines that
the application complies with those requirements.
a. Administrative Clearing Permit
b. Lot line adjustment
c. Final map modification
d. Grading Plan (including modification or renewal)
e. Improvement Plan (including modification)
f. Landscape Plan
g. Building Permit
h. Construction Right -of -Way Permit
i. Encroachment Permit
j. Excavation Permit
k. On -Site Wastewater System Permit
Underground Tank Permit
m. Well Permit
G. Guidance documents. Any authorized enforcement official may prepare,
circulate for public comment, disseminate and maintain guidance documents
addressing the use of pollution prevention practices and BMPs for specific activities or
facilities, illicit connections, and illegal disposal.
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.
These guidance documents may also identify practices that have been
determined by the authorized enforcement official to be additional BMPs that may be
implemented for land disturbance activity and land development activity to prevent or
control pollution to the MEP.
Authorized enforcement officials may also take these guidance documents into
account when determining whether any practices used by a discharger, or proposed in
a grading plan, a Storm Water Pollution Prevention Plan (SWPPP), an enforcement
settlement offer, or any other submittal to the City, are BMPs that will prevent or control
pollution to the MEP. These case -specific discretionary decisions may involve
circumstances that were not anticipated when general guidance documents were
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prepared. Therefore, these guidance documents do not confer rights on dischargers in
these circumstances and do not constrain the discretion of authorized enforcement
officials. Where appropriate, and provided the same protection is provided to the
environment, authorized enforcement officials may depart from these guidance
documents when making case -specific decisions authorized by this Chapter.
14.22.050 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 MEP. 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 storm water conveyance
system must reduce any such pollutants as are generated from said premises to the
MEP. The authorized enforcement official may require the business to develop and
implement a SWPPP, as defined in Section 14.22.080 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 dean
those structures thoroughly as is necessary to prevent the discharge of pollutants to the
City storm water conveyance system to the MEP, but not Tess than once prior to each
rainy 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. BMPs for new developments and redevelopments. Any person
performing construction work in the city shall prevent, to the MEP (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 Chapter 15.70 of
this code, 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 (SWRCB), and the SUSMP.
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.
D. Compliance with NPDES storm water permits. Each industrial discharger,
discharger associated with construction activity, or other discharger, subject to any
NPDES storm water permit addressing such discharges, as adopted by the United
States Environmental Protection Agency, the SWRCB, or the California RWQCB, San
Diego Region (RWQCB), shall comply with, and undertake all other activities required
by any storm water permit applicable to such discharges, including but not limited to, the
SWRCB statewide general industrial and general construction activity storm water
permits, and the RWQCB General De -Watering Permits (Order Nos. 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.
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E. Compliance with BMPs. Every person owning or operating any activity,
operation or facility will comply with storm water BMPs adopted by federal, state,
regional, or local agencies, as applicable.
14.22.060 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.
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 storm water 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.
14.22.070 Illicit connection and illegal discharge of pollutants --Prohibited.
A. Illegal discharges. The discharge of pollutants directly or indirectly into the
Storm Water Conveyance System or receiving waters in non -storm water is prohibited,
except as exempted in Section 14.22.080 of this Chapter. The discharge of pollutants
directly or indirectly into the Storm Water Conveyance System or receiving waters in
storm water is prohibited, unless the applicable requirements of this Chapter have been
met.
B. Illicit connection. It is prohibited to establish, use, maintain, or continue
illicit connections to the city stormwater conveyance system, regardless of whether such
connections were made under a permit or other authorization or other authorization or
whether permissible under the law or practices applicable or prevailing at the time of
connection.
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C. Litter, dumps, and stockpiles. 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.
14.22.080 Exceptions to Discharge Prohibition. The following discharges are
exempt from the prohibition:
A. Separately permitted discharges. Storm water discharges regulated under
a valid facility -specific NPDES permit or facility -specific RWQCB Waste Discharge
Requirements Permit, or under a general NPDES permit (including the State General
Industrial Storm Water Permit or State General Construction Storm Water Permit), are
exempt from discharge prohibitions established by this Chapter, provided compliance
with all relevant permit conditions is maintained to the satisfaction of the RWQCB.
Except as provided in Section 14.22.040 (C), these discharges are not otherwise
exempted from this Chapter.
B. Categorically allowed discharges subject to Section 14.22.090. The
following categories of non -storm water discharges are exempt from discharge
prohibitions established by this Chapter, but dischargers must install, implement and
maintain the applicable BMPs set out in Section 14.22.090 of this Chapter:
• Discharges from potable water sources other than water main
breaks;
• Diverted stream flows (provided required permits are obtained);
• Flows from riparian habitats and wetlands;
• Foundation drains (not including active groundwater dewatering
systems);
• Individual residential washing of vehicles;
• Irrigation water including recycled water used for irrigation;
• Landscape irrigation;
• Lawn watering;
• Rising ground water;
• Swimming pool discharges (if dechlorinated to less than one PPM
chlorine);
• Uncontaminated ground water infiltration to storm drains;
• Uncontaminated pumped ground water;
• Water from crawl space pumps; and
• Water from footing drains (not including active groundwater
dewatering systems).
C. Categorically allowed discharges not subject to Section 14.22.090. The
following categories of non -storm water discharges are exempt from discharge
prohibitions established by this Chapter and are not subject to Section 14.22.090.
• Air conditioning condensation;
• Flows from emergency fire fighting activities;
• Springs; and
• Water line flushing.
D. Exemptions to protect public health and safety. Discharges determined by
any authorized enforcement official to be necessary to protect public health and safety
are exempt from discharge prohibitions established by this Chapter, provided any
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Titles 7, 14 and 15
conditions on such discharges imposed by the authorized enforcement official are
satisfied. In emergency circumstances, the determination of an authorized enforcement
official that a discharge is necessary may initially be oral but must be promptly
confirmed in writing by an authorized enforcement official. In non -emergency situations,
a prior written determination is required to exempt a discharge.
E. On -site wastewater systems. Discharges to the subsurface from
permitted properly functioning on -site wastewater systems are not prohibited by this
Chapter.
F. Exemptions not absolute. Any discharge category described in subsection
(B) above that is a significant source of pollutant to waters of the United States shall be
prohibited from entering the storm water conveyance system, or shall be subjected to a
requirement to implement additional BMPs to reduce pollutants in that discharge to the
MEP. Such prohibitions shall be effective on a schedule specified by an authorized
enforcement official in a written notice to the discharger. That schedule may take into
account the nature and severity of any effects caused by the discharge; and the time
required to design, engineer, fund, procure, construct and make appropriate BMPs
operational.
14.22.090 Best management practice requirements and general requirements
applicable to all discharges.
A. Applicable requirements. All dischargers in the City must comply with the
generally applicable prohibitions and requirements in Sections 14.22.010 through
14.22.080 of this Chapter, and must also comply with any other parts of this Chapter
(including relevant parts of the Manual) that are applicable to the type of facility or
activity owned or operated by that discharger.
B. Minimum BMPs for all dischargers. All dischargers in the City must install,
implement and maintain at least the following minimum BMPs:
1. Eroded soils. Prior to the rainy season, dischargers must remove
or secure any significant accumulations of eroded soils from slopes previously disturbed
by clearing or grading, if those eroded soils could otherwise enter the Storm Water
Conveyance System or receiving waters during the rainy season.
2. Pollution prevention. Dischargers employing ten or more persons
on a full-time basis shall implement those storm water pollution prevention practices that
are generally recognized in that discharger's industry or business as being effective and
economically advantageous.
3. Prevention of illegal discharges. Illicit connections must be
eliminated (even if the connection was established pursuant to a valid permit and was
legal at the time it was constructed), and illegal discharge practices eliminated.
4. Slopes. Completed slopes that are more than five feet in height,
more than 250 square feet in total area, and steeper than 3:1 (run -to -rise) that have
been disturbed at any time by clearing, grading, or landscaping, shall be protected from
erosion prior to the first rainy season following completion of the slope, and continuously
thereafter.
5. Storage of materials and wastes. All materials and wastes with the
potential to pollute urban runoff shall be stored in a manner that either prevents contact
with rainfall and storm water, or contains contaminated runoff for treatment and
disposal.
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6. Use of materials. All materials with the potential to pollute urban
run off (including, but not limited to, cleaning and maintenance products used outdoors,
fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label
directions. No such product may be disposed of or rinsed into receiving waters or the
Storm Water Conveyance System.
C. Inspection, maintenance, repair and upgrading of BMPs. BMPs at
manned facilities must be inspected by the discharger before and following predicted
rain events. BMPs at unmanned facilities must be inspected by the discharger at least
once during the rainy season and at least once between each rainy season. These
BMPs must be maintained so that they continue to function as designed. BMPs that fail
must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the
BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be
modified or upgraded to prevent any further failure in the same or similar circumstances.
D. Storm water pollution prevention plan. An authorized enforcement official
may require a commercial, industrial or land disturbance activity discharger to prepare
and submit a SWPPP for approval by that official if (1) the discharger does not come
into compliance with this Chapter after one or more warnings (or other enforcement
action) that BMPs are inadequate or are not being adequately maintained; or (2) the
facility or activity at issue is a significant source of contaminants to receiving waters
despite compliance with this Chapter. Any discharger required to submit and to obtain
approval pf a SWPPP shall install, implement, and maintain the BMPs specified in the
approved SWPPP.
The SWPPP shall identify the BMPs that will be used by the discharger to
prevent or control pollution of storm water to the MEP. If the facility is an industrial
facility, the SWPPP submitted to the City shall at a minimum meet the requirements of
the State NPDES General Industrial Storm Water Permit. If the activity at issue is a
construction or land disturbance activity, the SWPPP submitted to the City shall at a
minimum meet the requirements of the State NPDES General Construction Storm
Water Permit. If a facility, required to submit a SWPPP to the City, discharges non --
storm water to groundwater, the facility shall obtain an RWQCB permit as required by
the State Water Code, and shall describe the requirements of that permit in the
SWPPP.
Whenever submission of a SWPPP is required pursuant to this Chapter, an
authorized enforcement official may take existing City BMPs into account when
determining whether the practices proposed in the SWPPP are BMPs that will prevent
or control pollution to the required level of MEP.
E. Notification of spills, releases and illegal discharges. Spills, releases, and
illegal discharges of pollutants to receiving waters or to the Storm Water Conveyance
System shall be reported by the discharger as required by all applicable state and
federal laws. In addition, any such spills, releases and illegal discharges with the
potential to endanger health, safety or the environment shall be reported to the directors
within 24-hours after discovery of the spill, release or discharge. If safe to do so,
necessary actions shall be taken to contain and minimize the spill, release or illegal
discharge.
F. Sampling, testing, monitoring, and reporting. Commercial, industrial or
land disturbance activity dischargers shall perform the sampling, testing, monitoring and
reporting required by this Chapter. In addition, an authorized enforcement official may
2004 Ordinance 18 Titles 7, 14 and 15
order a discharger to conduct testing or monitoring and to report the results to the City if
(1) the authorized enforcement official determines that testing or monitoring is needed
to determine whether BMPs are effectively preventing or reducing pollution in storm
water to the MEP, or to determine whether the facility is a significant source of
contaminants to receiving waters; or (2) the authorized enforcement official determines
that testing or monitoring is needed to assess the impacts of an illegal discharge on
health, safety or the environment; or (3) an illegal discharge has not been eliminated
after written notice by an authorized enforcement official; or (4) repeated violations have
been documented by written notices from authorized enforcement officials; or (5) the
RWQCB requires the City to provide any information related to the discharger's
activities.
Testing and
following:
1.
BMPs;
for pollutants;
4.
monitoring ordered pursuant to this subsection may include the
Visual monitoring of dry weather flows, wet weather erosion, and/or
2. Visual monitoring of premises for spills or discharges;
3. Laboratory analyses of storm water or non -storm water discharges
Background or baseline monitoring or analysis; and
5. Monitoring of receiving waters or sediments that may be affected by
pollutant ,discharges by the discharger (or by a group of dischargers including the
discharger).
The authorized enforcement official may direct the manner in which the results of
required testing and monitoring are reported, and may determine when required
sampling, testing or monitoring may be discontinued.
G. Mitigation. All illegal discharges must be mitigated within a reasonable
period of time to correct or compensate for all damage to the environment caused by
the illegal discharge. The authorized enforcement official shall determine whether
mitigation measures proposed or completed by the discharger meet this standard. The
authorized enforcement official shall require the discharger to submit a mitigation plan
and schedule by a specified date prior to taking action, and to submit a summary of
completed mitigation by a specified date.
14.22.100 Additional minimum best management practice requirements for
residential activities and facilities.
A. Applicable requirements. The requirements in this section apply to all
residential dischargers within the City. All residential dischargers must install,
implement and maintain the BMPs identified in Section 14.22.090 (B) for all dischargers,
and at least the additional minimum BMPs specified below for the category of activities
conducted by that discharger.
B. Motor vehicle or boat repair and maintenance.
1. Motor vehicle and boat repair and maintenance activity shall be
performed under a permanent roof or other permanent cover, if such space is available.
Maintenance and repair activities that are conducted without cover or without BMPs to
prevent pollutant discharges are prohibited during times of precipitation.
2. Any release of fluids during repair or maintenance shall be promptly
contained and cleaned up. Any absorbent materials used must be disposed of properly.
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3. Automotive and boat materials and wastes must be stored indoors,
or under cover, or in secure and watertight containers.
C. Motor vehicle washing.
1. Vehicles shall be washed over porous surfaces such as lawns and
gravel areas where feasible.
2. Remaining detergent solutions prepared for use in vehicle washing,
but not used up in that process, may not be disposed by emptying buckets or other
containers directly or indirectly to the storm water conveyance system or receiving
waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a
porous surface is required.
3. The use of "hose off or single use engine degreasing chemicals is
prohibited, unless captured and disposed of properly.
4. Motor vehicle washing other than individual residential motor
vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained
and disposed to a porous area or the sanitary sewer.
D. Motor vehicle parking.
1. Residents shall remove excessive accumulations of oil and grease
deposited by vehicles they own from parking areas, using dry cleaning methods (e.g.,
absorbents, scraping, vacuuming, or sweeping).
2. Residents shall move vehicles from streets when notified to do so
to allow street cleaning.
E. Home and garden care activities and product use.
1. Irrigation systems should be adjusted to avoid excessive runoff.
2. Spills of gardening chemicals, fertilizers or soils to non -porous
surfaces must be cleaned up, and properly disposed.
3. Lawn and garden care products must be stored in closed labeled
containers; or in covered areas; or off the ground under protective tarps.
4. Household hazardous waste may not be disposed directly or
indirectly to the trash or to the street, gutter or storm drain.
F. Home care and maintenance.
1. Painting equipment may not be cleaned out in or over streets,
sidewalks or gutters.
2. Action shall be taken to minimize and contain all spills of hazardous
materials, if it is safe to do so.
3. Household hazardous materials must be stored indoors or under
cover, and in closed and labeled containers.
4. Household wash waters (carpet cleaning, mop water, washing
machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to
the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer
(e.g., through a sink, toilet or floor drain) or to a porous surface is required.
G. Manure and pet waste management.
1. Manure deposited by horses and large animals within an enclosure
or on uncovered areas, from which runoff could enter receiving waters or the storm
water conveyance systems, must be cleaned up at least once weekly and either be
composted, or be stored prior to disposal in a manner that prevents contact with runoff
to receiving waters or the storm water conveyance system.
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2. Areas used for composting such manure must be located,
configured or managed to prevent runoff to receiving waters or the storm water
conveyance system.
3. Pet waste shall not be disposed to the storm water conveyance
system or receiving waters.
H. Private sewer laterals and on -site wastewater systems.
1. Private sewer laterals shall be cleaned, maintained and when
necessary replaced to prevent seepage and spills. On -site wastewater systems shall
be pumped, maintained and when necessary modified or replaced to prevent spills.
2. Spills from private sewer laterals and on -site wastewater systems
shall be contained and cleaned -up in a manner that minimizes any release of pollutants
to the storm water conveyance system or receiving waters.
3. Any release from a private sewer lateral that enters the storm water
conveyance system or receiving waters shall be immediately reported to the City.
4. Failed on -site wastewater systems shall be repaired or replaced,
after issuance of all required permits and approvals.
14.22.110 Additional minimum best management practice requirements for
commercial activities and facilities.
A. Priorities and requirements. Regulated commercial facilities are classified
in this section as high priority or all other, and additional requirements are imposed on
those facilities by this section based on those classifications. All commercial
dischargers must install, implement and maintain at least the additional minimum BMPs,
if any, specified in this section or in the Manual for the priority classification and
category of activity or facility owned or operated by that discharger. All regulated
commercial facilities shall review their facilities, activities, operations and procedures at
least annually to detect and eliminate illicit connections and illegal discharges.
Corrective training shall be provided as needed (and documented in training
records) whenever an illegal disposal practice is discovered.
B. High priority commercial facilities identified. As required by NPDES
Permit No. CAS0108758, facilities in the City having one or more of the following
characteristics are high priority commercial facilities:
1. The facility is a regulated commercial facility primarily engaged in
one of the following commercial activities:
• Airplane mechanical repair, maintenance, fueling, or cleaning;
• Motor Vehicle (or other vehicle) parking lots and storage
facilities;
• Motor Vehicle and other vehicle body repair or painting;
• Motor Vehicle mechanical repair, maintenance, fueling, or
cleaning;
• Boat mechanical repair, maintenance, fueling, or cleaning;
• Botanical or zoological gardens and exhibits;
• Cement mixing or cutting;
• Cemeteries;
• Eating or drinking establishments;
• Equipment repair, maintenance, fueling, or cleaning;
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• Golf courses, parks and other recreational areas/facilities;
• Landscaping;
• Marinas;
• Masonry installation;
• Mobile motor vehicle or other vehicle washing;
• Mobile carpet; drape or furniture cleaning;
• Nurseries and greenhouses;
• Painting and coating;
• Pest control services;
• Pool and fountain cleaning;
• Port -a -Potty servicing; or
• Retail or wholesale fueling.
2. The facility is a regulated commercial facility that has outdoor
industrial areas totaling two acres or more or an outdoor parking lot for 100 or more
vehicles; and storm water or runoff from the facility may adversely affect impaired
waters or waters within an ESA.
3. The facility is a regulated commercial facility and has been notified
in writing by an authorized enforcement official that it is a high priority commercial
facility. Such designations shall take effect 90 days after mailing or service of this
notice. These designations shall be made where the facility discharges a pollutant load
in storm water or runoff that causes or contributes to the violation of water quality
standards.
C. Additional minimum BMPs for all regulated commercial facilities. All
regulated commercial facilities shall install, implement and maintain the BMPs specified
in the Manual the following areas:
• Employee training;
• Storm water pollution prevention plans;
• Storm drain tileage and signing;
• Annual review of facilities and activities;
• Pollution prevention;
• Materials and waste management
• Vehicles and equipment;
• Outdoor areas.
D. Additional minimum BMPs for specific activities at high priority commercial
facilities. High priority commercial facilities shall install, implement, and maintain the
BMPs specified in the Manual for specific areas at the facility, if any, where any of the
following activities are conducted:
• Vehicle and equipment operations;
• Materials and waste management (including tanks);
• Outdoor work and storage functions.
E. Additional minimum BMPs for specific types of regulated commercial
facilities. Regulated commercial facilities, including but not limited to the types of
facilities and activities listed below, shall install, implement and maintain the BMPs
specified in the Manual for each such type of facility or activity.
• Vehicle and equipment repair and maintenance;
• Outdoor storage of vehicles and equipment;
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Titles 7, 14 and 15
• Retail and wholesale fueling;
• Vehicle body repair and painting;
• Painting and coating;
• Eating and drinking establishments;
• Marinas;
• Botanical and zoological gardens and exhibits;
• Golf courses, parks, and other recreational facilities;
• Parking lots and storage facilities
• Cement mixing and cutting;
• Mobile carpet, drape, and furniture cleaning;
• Masonry storage or installation;
• Pool and fountain cleaning;
• Portable sanitary toilet servicing;
• Mobile vehicle washing;
• Pest control;
• Landscaping.
14.22.120 Additional minimum best management practice requirements for
industrial activities and facilities.
A. Priorities and requirements. Regulated industrial facilities are classified in
this section as high, medium and low priority, and additional requirements are imposed
on those facilities by this section based on those classifications. All industrial
dischargers must install, implement and maintain at least the additional minimum BMPs,
if any, specified in this section or in the Manual for the priority classification and
category of activity or facility owned or operated by that discharger. All regulated
industrial facilities shall review their facilities, activities, operations and procedures at
least annually to detect and eliminate illicit connections and illegal discharges.
Corrective training shall be provided as needed (and documented in training records)
whenever an illegal disposal practice is discovered.
B. High priority industrial facilities. Regulated industrial facilities that have
one or more of the characteristics listed below are high priority industrial facilities:
1. The facility is subject to the State General Industrial Storm Water
Permit, taking into account all of the provisions of that permit.
2. The facility is a regulated industrial facility and storm water or runoff
from the facility is tributary to an impaired water body, and the facility generates a
pollutant for which that water body is impaired.
3. The facility is a regulated industrial facility and is located within or
adjacent to (i.e., within 200 ft. of), or discharges directly to, a coastal lagoon or a
receiving water body within an ESA.
4. The facility is subject to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA).
5. The facility was notified in writing by an authorized enforcement
official that it has been designated a high priority industrial facility. Such designations
shall take effect 90 days after mailing or service of notice. These designations shall be
made where the facility discharges a pollutant load in storm water or runoff that causes
or contributes to the violation of water quality standards.
2004 Ordinance
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Titles 7, 14 and 15
C. Medium priority industrial facilities. Regulated industrial facilities that are
not high priority industrial facilities, but which employ 50 or more persons, are medium
priority industrial facilities.
D. Low priority industrial facilities. Regulated industrial facilities that are not
high priority industrial facilities or medium priority industrial facilities are low priority
industrial facilities.
E. Additional minimum BMPs and other additional requirements for high
priority industrial facilities.
1. Notice of intent. High priority industrial dischargers required to
comply with the State Industrial General Storm Water Permit shall maintain on site and
make available for inspection on request by the City the state -issued Waste Discharge
Identification Number (WDID) for the facility, and a copy of the Notice of Intent (NOI)
filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID
and a copy of that NOI to the City by mail if directed to do so by an authorized
enforcement official.
2. Storm water pollution prevention plan. Dischargers required to
prepare a SWPPP under the State General Industrial Storm Water Permit must prepare
the plan, implement the plan and maintain it at the site readily available for review. If a
high priority industrial facility is not required to prepare a state SWPPP, the facility shall
prepare a SWPPP, submit that SWPPP for City approval or modification and approval,
implement the SWPPP, and maintain it on site. Failure to comply with an applicable
state -required or City -required SWPPP is a violation of this Chapter.
3. Pollution prevention practices. High priority industrial facilities shall
consider and, where determined to be appropriate by the facility, shall implement the
following measures to prevent the pollution of storm water and runoff:
• The use of smaller quantities of toxic materials or substitution of
less toxic materials;
• Changes to production processes to reduce waste;
• Decreases in waste water flows;
• Recycling of wastes as part of the production process;.
• Segregation of wastes, and
• Treatment of wastes on site to decrease volume and/or toxicity.
4. Non-structural BMPs. High priority industrial facilities shall
incorporate into the SWPPP, and install implement and maintain, the following non-
structural BMPs. The implementation of these practices shall be consistent with
specifications, if any, contained in the Manual.
• BMPs for material handling and storage of significant materials;
• BMPs for non -hazardous waste handling and recycling;
• Employee training programs;
• Good housekeeping practices;
• Preventive maintenance practices;
• Self inspection and quality assurance practices; and
• Spill response planning.
5. BMPs for specific activities. High priority industrial facilities shall
incorporate into the SWPPP, and install implement and maintain BMPs as specified in
the Manual for any commercial activities conducted at the facility (as identified in
2004 Ordinance 24 Titles 7, 14 and 15
Section 14.22.110), and for areas at the facility where industrial activities are conducted.
Industrial activities include but are not limited to the following:
• Raw or processed materials bulk storage;
• Mixing, where there is the potential for release of a pollutant;
• Cutting, trimming or grinding in connection with a production
process;
• Casting, forging, or forming;
• Hazardous materials storage (including tanks);
• Construction, painting and coating;
• Pesticide or other chemical products formulation or packaging;
• Process water pre-treatment;
• Solid waste storage;
• Waste water treatment;
• Welding;
• Blasting;
• Chemical treatment; and
• Power washing.
6. Additional structural BMPs. High priority industrial facilities shall
incorporate into the SWPPP, and install, implement and maintain one or more of the
additional. structural BMPs listed below where practicable, if use of such BMPs would
significantly reduce pollution in run-off from the facility. The discharger shall determine
in the first instance which of these BMPs to implement. However, an authorized
enforcement official can order that additional BMPs be used at a particular facility.
• Overhead coverage of outdoor work areas or chemical storage;
• Retention ponds, basins, or surface impoundments that confine
storm water to the site;
• Berms and concrete swales or channels that divert run-on and
runoff away from contact with pollutant sources;
• Secondary containment structures; and
• Treatment controls, e.g., infiltration devices and oil/water
separators, to reduce pollutants in storm water or authorized
non -storm water discharges.
F. Monitoring at high priority industrial facilities. Dischargers owning or
operating high priority industrial facilities required to conduct monitoring under the State
Industrial General Storm Water Permit shall make records of such monitoring available
for inspection, and submit a copy of such records to the City if directed to do so by an
authorized enforcement official. State exceptions from monitoring requirements are
also applicable to this requirement, and group monitoring approved by the State is also
acceptable to the City. The City may direct that any required records be submitted in a
specified electronic format.
Dischargers owning or operating manned high priority industrial facilities that are
not required to conduct monitoring under the State Industrial General Storm Water
Permit, and which would not qualify for an exemption from monitoring under the terms
of that permit if the permit were applicable, must develop and implement a monitoring
program that meets the following minimum criteria:
2004 Ordinance
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Titles 7, 14 and 15
1. Quantitative storm water data must be obtained from two storm
events in a year;
2. These monitoring events must address:
• Pollutants listed in any effluent guidelines subcategories
applicable to the facility;
• Pollutants with effluent limits established by an existing NPDES
permit for that facility;
• Oil/grease or total organic carbon;
• pH;
Total suspended solids;
• Specific conductance; and
• Toxic chemicals and other pollutants likely to be present in
storm water discharges.
This monitoring must be conducted under the conditions set out in the State
Industrial General Storm Water Permit. The discharger must retain records of such
monitoring on site, make such records available for inspection, and submit a copy of
such records to the City if directed to do so by an authorized enforcement official.
G. Medium priority industrial facilities. Medium priority industrial facilities
must prepare and retain on site, and make available for inspection, a written report
verifying that they have assessed their status with respect to the criteria for classifying
high priority industrial facilities set out in subsection (B) above. These facilities must
also meet the requirements for low priority industrial facilities set out in subsection (H)
below.
H. Low priority industrial facilities. Low priority industrial facilities must meet
the requirements set out in Sections 14.22.040 through 14.22.090 of this Chapter for all
discharges, the requirements set out in Section 14.22.110 of this Chapter for high
priority commercial facilities, and any applicable requirements in Section 14.22.140.
14.22.130 Additional minimum best management practice requirements for
municipal activities and facilities. Municipal facilities must meet the requirements set
out in Sections 14.22.010 through 14.10.090, and where applicable, Sections 14.22.150
and 14.22.160 of this Chapter. In addition, these facilities and activities must install,
implement and maintain at least the additional minimum BMPs, if any, specified in
Section 14.22.120 or in the Manual, for industrial areas and activities at the municipal
facility.
14.22.140 City Best Management Practices Manual.
A. Effect of manual. All dischargers who are required by this Chapter to
install, implement and maintain BMPs shall ensure that their selection of BMPs is
consistent with the applicable specifications, if any, contained in the Manual, for the
category and priority of activity or facility owned or operated by that discharger. All
BMPs installed, implemented or maintained to meet the requirements of this Chapter
must conform to the applicable specifications, if any, set out in this Manual.
B. Existing facilities. The Manual sets out minimum BMPs and other
objective specifications for specific types and categories of existing facilities and
activities. Where minimum BMPs and objective specification are specified, they are
mandatory. Where no minimum BMPs have been specified in the Manual for a type
2004 Ordinance 26 Titles 7, 14 and 15
and category of facility or activity, only the requirements set out in this Chapter are
applicable.
C. Ministerial land development projects. Requirements applicable to
development projects requiring only the kinds of ministerial permits listed in subsection
14.22.040 (F)(2) of this Chapter are set out in separately identified sections of the
Manual. Other requirements in the Manual are not applicable to these projects during
the development process. However, some additional requirements will apply to
completed projects when they become subject to this Chapter as residential,
commercial or industrial facilities.
D. Discretionary land development and redevelopment projects. The Manual
sets out minimum BMPs, other objective specifications, and water quality standards for
land development projects requiring one or more of discretionary permits listed in
subsection 14.22.040 (F)(1) of this Chapter. The minimum BMPs and other objective
specifications in the Manual are applicable to both ministerial and discretionary land
development projects. The BMPs in the Manual are applicable to projects that require a
discretionary City permit or approval, and shall be implemented through specific permit
conditions. Development project proponents must determine whether their project
design will meet the water quality standards for their facility or activity, and must
redesign their project and/or install, implement and maintain additional BMPs where
needed to meet applicable water quality standards.
E. Conflicting or more detailed requirements. In case of any conflict between
any applicable minimum BMPs specified in this Chapter, and any applicable
requirements described in more detail for a particular type of facility or activity in the
Manual, the requirement in the Manual shall prevail.
14.22.150 Additional requirements for land disturbance activity.
A. Permit issuance. No land owner or development project proponent shall
receive any City grading, clearing, building or other land development permit required
for land disturbance activity without first meeting the requirements of this Chapter with
respect to the portion of the development project and the land disturbance activity to
which the permit at issue would apply.
B. Owners and operators both responsible and liable. Persons or entities
performing land disturbance activity (including but not limited to construction activities)
in the City, and the owners of land on which land disturbance activity is performed, are
dischargers for purposes of this Chapter; provided however that a local govemment or
public authority is not a discharger as to activities conducted by others in public rights of
way.
C. Storm water management plan. All applications to the City for a permit or
approval associated with a land disturbance activity must be accompanied by a Storm
Water Management Plan, on a form or in a format specified by the City. The Storm
Water Management Plan shall specify the manner in which the discharger/applicant will
implement the BMPs required by this Chapter for the activity at issue, including but not
limited to the applicable BMPs required by subsection (D) below.
D. Additional minimum BMPs for land disturbance activity. Whether a City
permit or approval is required or not, and whether a Storm Water Management Plan is
required to be submitted or not, all dischargers engaged in land disturbance activity
2004 Ordinance 27 Titles 7, 14 and 15
shall implement BMPs as detailed in the Manual in the following additional areas if
applicable to the project:
1. Erosion control on slopes;
2. Erosion control on flat areas; or BMPs to desilt runoff from flat
areas;
3. Runoff velocity reduction;
4. Sediment control;
5. Offsite sediment tracking control;
6. Materials management;
7. Waste management;
8. Vehicle and equipment management;
9. Water conservation;
10. Structure construction and painting;
11. Paving operations;
12. Dewatering operations;
13. Planned construction operations;
14. Downstream erosion control;
15. Prevention of non -storm water discharges; and
16. Protection of ground water.
E. Control to the MEP. All dischargers engaged in land disturbance activity
must install, implement and maintain those additional BMPs, if any, that are needed to
prevent or reduce pollutant discharges in storm water from land disturbance to the MEP.
F. Notice of intent. Dischargers required to comply with the State
Construction General Storm Water Permit shall maintain on site and make available for
inspection on request by the City any state -issued Waste Discharge Identification
Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the
SWRCB pursuant to that permit.
G. Storm water pollution prevention plan. Dischargers required to prepare a
SWPPP under the State General Construction Storm Water Permit must prepare the
plan, implement the plan and maintain it at the site, readily available for review. Failure
to comply with an applicable state -required SWPPP is a violation of this Chapter.
H. Facility monitoring. Dischargers required to conduct monitoring under the
State Construction General Storm Water Permit must conduct such monitoring in
conformance with requirements specified by the State, retain records of such monitoring
on site, and make such records available for inspection by an authorized enforcement
official.
14.22.160 Additional planning, design and post -construction requirements for
all land development and redevelopment protects.
A. Application to development and redevelopment projects. No land owner
or development project proponent in the City shall receive any City permit or approval
listed in Section 14.22.040(f) of this Chapter for land development activity or significant
redevelopment activity unless the project meets or will meet the requirements of this
Chapter. Post -Construction BMP requirements imposed by this section and by the
Manual 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
2004 Ordinance
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Titles 7, 14 and 15
or approval, at the time a complete application for a subsequent permit or approval is
submitted.
B. 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.
C. 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 objectives.
D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed
swales, biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever
practicable for post -construction BMPs that are proposed by a discharger.
E. Post -construction storm water management plan. All 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 Management 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.
F. Storm water management plan review fee and deposit. Fees for Storm
Water Management Plan Review and deposit thereof shall be adopted by resolution.
G. Additional minimum post -construction BMPS for land development activity.
Whether a permit or approval is required or not, and whether a Post -Construction Storm
Water Management Plan is required to be submitted or not, all dischargers engaged in
land development or significant redevelopment activities in the City shall implement
post -construction BMPs in the following areas if applicable to the project:
1. BMPs for permanent control of erosion from slopes. These BMPs
can include structures to convey runoff safely from the tops of slopes, vegetation or
alternative stabilization of all disturbed slopes, the use of natural drainage systems to
the MEP, flow and velocity controls upstream of sites; and stabilization or permanent
channel crossings, unless the crossing is not publicly accessible and is not frequently
used.
2. BMPs to control flows, velocity and erosion. These BMPs can
include but are not limited to the use of energy dissipaters, such as riprap, at the outlets
of storm drains, culverts, conduits, or lined channels that enter unlined channels to
minimize erosion; installation of retention or equalization basins, or other measures.
Flow control and downstream erosion protection measures shall prevent any significant
increase in downstream erosion as a result of the new development, but shall not
prevent flows needed to sustain downstream riparian habitats or wetlands.
2004 Ordinance 29 Titles 7, 14 and 15
3. Pollution prevention and source control BMPs, to minimize the
release of pollutants into storm water.
4. Site design BMPs, such as impervious surface minimization; and
appropriate use of buffer areas to protect natural water bodies.
5. Site planning BMPs, such as siting and clustering of development
to conserve natural areas to the extent practicable.
6. The installation of storm drain tiles or concrete stamping, and
appropriate signage to discourage illegal discharges.
7. BMPs for trash storage and disposal and materials storage areas.
8. Structural BMPs to treat and/or to infiltrate storm water where a
development project would otherwise cause or contribute to a violation of water quality
standards in receiving waters. Off -site structural BMPs may be used for treatment and
infiltration necessary to meet water quality standards only if the conveyance of run-off to
those facilities prior to treatment will not cause or contribute to an exceedance of water
quality standards, or deprive wetlands or riparian habitats of needed flows. Offsite
facilities shall not substitute for the use of any on -site source control BMPs required by
the Manual.
9. When an Infiltration BMP is used, related BMPs set out in the
Manual (including but not limited to siting constraints), to protect present uses of ground
water, and future uses of that ground water as currently designated in the applicable
RWQCB Basin Plan. (Discharges to infiltration BMPs may also require an RWQCB
permit, and additional state requirements may also be applicable to these discharges.)
10. Other applicable BMPs required by the Manual.
H. Control to the MEP. 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.
14.22.170 Maintenance of BMPs.
A. Existing Development. Residential, commercial, industrial, agricultural
and municipal dischargers shall maintain the BMPs they rely upon to achieve and
maintain compliance with this Chapter.
B. New development. The owners and occupants of lands on which
structural post -construction BMPs have been installed to meet the requirements of this
Chapter shall ensure the maintenance of those BMPs, and shall maintain those BMPs
by contract or covenant, or pursuant to this Chapter.
C. Maintenance obligations. 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 obliged 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.
2004 Ordinance
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Titles 7, 14 and 15
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, and shall record that obligation so that the BMP will run with the land.
F. Maintenance plans for land development projects. The proponents of any
land development project or significant redevelopment project that requires a
discretionary City permit, shall provide to the City for review and approval prior to
issuance of such permit, a plan for maintenance of all post -construction structural 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 apd maintenance of the BMPs, worker training requirements,
and any other activities necessary to ensure BMP maintenance. The plan shall provide
for servicing of all post -construction structural BMPs at least annually, and for the
retention of inspection and maintenance records for at least three (3) years.
G. Access easement/agreement. The proponents of any land development
project or significant redevelopment project that requires a discretionary City permit,
shall agree to a condition of approval that provides the City access for inspection and
maintenance of BMPs or, at the discretion of the City, 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 and/or maintenance of those BMPs.
H. Security for maintenance for land development projects. If it is determined
by the authorized enforcement official that the public interest requires the posting of
bond or other security to assure the maintenance of a BMP, such bond or security may
be required by the authorized enforcement official.
14.22.180 Inspection and sampling.
A. Regulatory inspections. Authorized enforcement officials may inspect
facilities, activities and residences 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. Access easements. When any new structural BMP is installed on private
property as part of a project that requires a City permit, in order to comply with this
Chapter, the property owner shall agree to a condition of approval that provides the City
access for inspection and maintenance of BMPs or, at the discretion of the City, shall
provide to the City for review an easement to enter the property at reasonable times and
in a reasonable manner to ensure that the BMP is working properly. This includes the
right to enter the property without prior notice once per year for routine inspections, to
enter as needed for additional inspections when the City has a reasonable basis to
believe that the BMP is not working properly, 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.
2004 Ordinance
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Titles 7, 14 and 15
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. This may include but may not be limited to
sampling, metering, visual inspections, and records review. Where samples are
collected the owner or operator may request and receive split samples. Records,
reports, analyses, or other information required under this Chapter may be inspected
and copied, and photographs taken to document a condition and/or a violation of this
Chapter.
14.22.190 Enforcement. The City Engineer shall be the primary enforcement
official for this chapter. When appropriate or necessary, this chapter may also be
enforced by any other official or officer who is charged by the municipal code with code
enforcement authority. The enforcement of this chapter shall be accomplished in the
same manner as provided in Chapter 7.32 of this code except that reference to the term
"code conformance officer" in Chapter 7.32 shall include the enforcement official as
defined in this chapter and that all references to "Title 7" shall mean this storm water
management and control ordinance" for the purposes of enforcement of this chapter
14.22 only.
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 storm -water discharge to the storm water 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 storm water 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 storm water pollution and constituting a violation of this
chapter found during an inspection;
5. Review and obtain a copy of the storm water 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 thirty days;
7. Review and obtain copies of all storm water monitoring data
complied by the owner and/or occupant or facility operator, if such monitoring is
required;
2004 Ordinance
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Titles 7, 14 and 15
8. The authorized enforcement official may issue warning notices to
any person owning or occupying a premise to clean up and abate any release of
pollutants on the premise, which may result in a violation of this chapter. The
authorized enforcement official may also order the abatement of pollutant storage
practices, which may reasonably result in such a violation;
9. The authorized enforcement official may require reasonable
monitoring of discharges from any premises to the storm water conveyance system and
shall have the authority to order the mitigation of circumstances which may result in
illegal discharges to the MEP.
10. Enter upon and conduct inspections or samplings as may be
required of any premises, facilities, or equipment, including monitoring and control
equipment, to ensure compliance with the SUSMP and Jurisdictional Urban Runoff
Management Program (JURMP). The authority to conduct reasonable inspections and
the obligation of an owner or occupant to allow such inspection upon presentation of
official credential is conferred and shall be exercised pursuant to Chapters 1.12 and
1.20 of this code.
14.22.200 Enforcement. Authorized enforcement officials may enforce this
chapter and abate public nuisances as follows.
A. Administrative authorities.
1. Administrative Penalties. Administrative penalties may be imposed
in accordance with the provisions for administrative penalties set forth in Chapter 1.48.
Administrative penalties may include the recovery of fines assessed against the City of
National City by the RWQCB. Any later -enacted administrative penalty provision in the
National City Municipal Code shall also be applicable to this Chapter, unless otherwise
provided therein.
2. Cease and desist orders. Written and/or verbal orders pursuant to
Section 1.12.030 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 and/or verbal
orders may be issued to perform any act required by this Chapter.
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 subsections 14.22.200 (A) (2) and (3) are not performed, the authorized
enforcement official may abate any public nuisance pursuant to the National City
Municipal 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 in accordance with Section 1.12.030 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.
2004 Ordinance
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Titles 7, 14 and 15
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 National City Municipal 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 14.22.220 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, and/or a citation and
notice to appear as prescribed in the Penal Code, including Section 853.6, may be
issued. 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.
14.22.210 Other acts and omissions that are violations. In addition to the
violations identified in Sections 14.22.010 through 14.22.200 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 within 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.
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 run-off flows rates or velocities,
2004 Ordinance
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Titles 7, 14 and 15
whether or not the provision or condition was initially imposed to promote those
outcomes.
14.22.220 Penalties.
A. Administrative penalties. Administrative penalties may be imposed
pursuant to the National City Municipal Code. Any later -enacted administrative penalty
provision in the 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 the National City
Municipal 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, Penal Code and
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:
• Injunctive relief;
• Costs to investigate, inspect, monitor, survey, or litigate;
• Costs to place or remove soils or erosion control materials, costs to
correct any violation, and costs to restore environmental damage or to
end any other adverse effects of a violation;
• 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;
• Civil Penalties;
• Reasonable attorney fees; and
• Fines assessed against the City by the RWQCB.
As part of a civil action filed by the City to enforce provisions of this Chapter, a
court may assess a maximum civil penalty of $2500 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, an 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.
2004 Ordinance
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Titles 7, 14 and 15
14.22.230 Restrictions and conditions on issuance of ministerial and
discretionary development permits. All development permits issued by city departments
shall be subject to review and compliance with SUSMP and best management practices
for stormwater management. The city engineer may require conditions for SUSMP
compliance for development permit issuance, and no permit shall be issued by any
department or city agency without those conditions being incorporated into the permit.
Conditions which may be required for new construction, alterations to existing
structures, land grading or excavation may include, but shall not be limited to the
following:
systems;
a. Installation of rain gutters, brow ditches, curbing and berms;
b. Drainage flow, flow redirection and directional flow control;
c. Installation of French drains;
d. Installation of clarifiers, filters or liquid traps;
e. Installation of reservoirs, holding and settling tanks or filtration
f. Maintenance and monitoring programs and adequate funding for
required systems and programs;
g. Payment of program compliance monitoring fees;
h. Any other requirements as may reasonably and rationally relate to
meeting SUSMP objectives and requirements.
This authority shall also include the right to require monitoring and compliance
programs on each project to be guaranteed by adequate security and servitudes or
conditions running with the land on which the project is located to be recorded with the
County recorder. If an off -site system is used, appropriate easements shall be required
to be obtained and recorded against that site to ensure the maintenance and inspection
of any required system and its installed facilities on the project site.
Section 4. That Title 15, Chapter 15.70, is amended to read as follows:
Sections:
15.70.010
15.70.020
15.70.030
15.70.040
15.70.045
15.70.050
15.70.060
15.70.070
15.70.080
2004 Ordinance
Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.70 GRADING
Adoption of Appendix Chapter 33 of the 1998. California Building
Code, as amended
Section 3304 amended —Purpose
Section 3305 amended —Scope
Section 3306.2 amended —Exempted work
Hazards and safety precautions
Section 3308 amended —definitions
Section 3309.4 and 3309.8 Amended —Grading and retaining wall
permit requirements and sections 3309.10 and 3309.11 added
Section 3310 amended —Grading fees
Sections 3315.6, 3315.7 and 3315.8 added —Drainage and
terracing
36
Titles 7, 14 and 15
15.70.085
15.70.090
15.70.100
15.70.110
15.70.120
15.70.130
Erosion control
Section 33.17.9 added —Grading inspection/retaining wall
Inspection
Section 3318.2 amended —completion of work
Supplementary section 3319 added —Rough grading permit
Supplementary section 3320 added —Parking lots
Violation a misdemeanor
15.70.010 Adoption of Appendix Chapter 33 of the 1998 Califomia Building
Code, as amended. There is adopted by the city council for the purpose of prescribing
regulations governing the excavation and grading on private property, and the issuance
of permits and providing for the inspection thereof, Appendix Chapter 33 of the 1998
California Building Code, Published by the International Conference of Building Officials,
subject to the amendments and modifications set forth in this chapter. (Also referred to
as the "California Building Code"). A copy of this adopted code is on file in the office of
the city engineer.
15.70.020 Section 3304 amended --Purpose. Section 3304 of the California
Building Code is amended to read:
3304. Purpose. The purpose of this ordinance is to
safeguard life, limb, property, and the public welfare by regulating grading
and other earthwork activities, or by controlling existing fills and
excavations, and the construction of retaining walls, drainage facilities on
private property and to ensure that soil erosion, sedimentation, and storm
water runoff are regulated to reduce, to the Maximum Extent Practicable,
Pollutants entering the Storm Water Conveyance System and Waters of
the State to protect water quality.
15.70.030 Section 3305 amended --Scope. The first paragraph of Section
3305 of the California Building Code is amended to read:
3305. Scope. This ordinance sets forth rules and
regulations to control excavation, grading, drainage, earthwork
construction, including fills and embankments, and retaining wall
construction; establishes the administrative procedure for issuance of
permits; and provides for approval of plans and inspection of grading and
retaining wall construction.
15.70.040 Section 3306.2 amended --Exempted work.
A. The following amendment is made to Section 3306.2 of the California
Building Code, to amend item 6 to read:
6. Mining, quarrying, excavating, processing or stockpiling of
rock, sand, gravel, aggregate or clay where established and provided for
by law, provided such operations do not affect the lateral support or
increase the stresses in or pressure upon any adjacent or contiguous
2004 Ordinance 37 Titles 7, 14 and 15
property, excepting the dumping and stockpiling of dirt and rubble, which
is strictly prohibited in National City.
B. The following paragraph number 10 is added to Section 3306.2 of the
California Building Code to read:
10. A retaining wall less than or equal to three (3) feet in height
measured from the top of the footing to the top of the wall, when no
surcharge is present, the backfill is level, and when not an integral part of
a building. However, the construction of the retaining wall shall comply
with the Regional Standard Drawings.
15.70.045 Hazards and safety precautions. Section 3307 of Appendix
Chapter 33, 1998 California Building Code, 1998 Edition, adopted by reference in
Section 15.70.010 is amended to add the following paragraphs:
If, at any stage of work, 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 shall
be'. responsible for removing excess soil and debris deposited upon
adjacent and downstream public or private property resulting from
Permittee's grading operations. Soil and debris shall be removed and
damage to adjacent and downstream property repaired as directed by the
City Engineer. Erosion and siltation 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. Cost associated with any work outlined in this section shall be
incurred by the Permittee.
The City Engineer shall not issue a grading permit in any case
where the City Engineer finds that the work, as proposed by the applicant,
will damage any private or public property, or interfere with any existing
drainage course in a manner which may cause damage to any adjacent
property, or result in the depositing of debris on any public way, or create
an unreasonable hazard to person or property, or cause or contribute to
an exceedance of state water quality objectives, or fail to reduce pollutants
from the site to the Maximum Extent Practicable."
15.70.050 Section 3308 of the California Building Code amended --Definitions.
The following shall be supplementary to, or modify certain definitions given in the
Califomia Building Code in Section 3308. All other definitions listed in the California
Building Code shall remain applicable:
APPROVAL - The term "approval" does not constitute certification of the project
as a whole in terms of completeness, accuracy, design and construction standards, as
shown on the plans.
2004 Ordinance
38
Titles 7, 14 and 15
BEST .MANAGEMENT PRACTICES - 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
that can help to achieve compliance with this Chapter. BMPs may include any type of
pollution prevention and pollution control measure, which the City Engineer finds, is
necessary to reduce pollutants entering the Waters of the State to the Maximum Extent
Practicable.
BUILDING OFFICIAL - Means the City Engineer.
CIVIL ENGINEER - Is a professional engineer registered in the state to practice
in the field of civil works. He or she is the person directly responsible for the project
design, plan certification, and construction supervision.
DRAINAGE PLAN - A plan which shows existing and proposed site drainage
within a property that is to be developed or rough graded. The drainage plan shall be
prepared by a Registered Civil Engineer, an Architect, or other qualified and licensed
professionals, and shall comply with the standards and requirements of the City
Engineer.' If, for a given development, no grading is proposed, or the earthwork quantity
involved in the grading is below the established limit of this ordinance, and for which a
grading plan is not required, then as a minimum, a drainage plan shall be submitted for
the development.
EROSION CONTROL PLAN - Is 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 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.
EROSION CONTROL SYSTEM - 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.
GRADE - Means the vertical location of the ground surface, in relation to a
National City benchmark elevation.
MAXIMUM EXTENT PRACTICABLE OR MEP - Means the standard established
by Congress in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of
Storm Water must meet. MEP is an acceptability standard for Best Management
Practices based on a level of pollutant reduction that can be achieved by the most
effective set of BMPs that can be implemented and still remain practicable; MEP
generally emphasizes pollution prevention and source control BMPs as the first line of
defense in combination with treatment methods as a backup.
2004 Ordinance
39
Titles 7, 14 and 15
PERMITTEE - Means any person, corporation, partnership, limited liability
company, non-profit entity, joint venture, association of any type, public entity or any
other legal entity which submits an application for a permit pursuant to this Chapter.
POLLUTANT - Means any agent that may cause or contribute to the degradation
of water quality, including, but not limited to, Earth Materials.
RAINY SEASON - Means the period beginning October 1st and ending April 30th
in the next calendar year. The remainder of the year is the Dry Season.
RETAINING WALL PLAN - A plan prepared by a registered Civil Engineer, an
architect, or other qualified professional, which shows pertinent top and bottom of wall
elevations and the wall profile, together with the existing and proposed ground
elevations and profile at the wall. The plan shall be prepared in accordance with the
requirements set forth by the City Engineer, and shall be subject to approval by the City
Engineer. The plan shall b,e required for walls in excess of 3 feet in height, measured
from the top of the footing, to the top of the wall, and for walls less than or equal to three
feet (3') in height measured from the top of the footing, to the top of the wall, supporting
a surcharge or a sloped backfill. The retaining walls shall be in accordance with the
Regional Standard Drawings, and the Standard Specifications, or shall be specially
engineered.
STORM WATER CONVEYANCE SYSTEM - Means private and public drainage
facilities within the City of National City by which Storm Water may be conveyed to
Waters of the United States, including but not limited to, streets, roads, catch basins,
natural and artificial channels, natural and artificial drainage features, aqueducts,
canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and
current development makes use of natural drainage patterns and features as
conveyances for urban runoff. Urban streams used in this manner are part of the Storm
Water Conveyance System regardless of whether they are natural, man-made, or
partially modified features.
WATERS OF THE STATE - Means any water, surface or underground, including
saline waters within the boundaries of California. 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 a 'Waters of the State" regardless of circumstances or
condition. Under this definition, a municipal storm sewer system (MS4) is always
considered to be a 'Waters of the State". [California Water Code Section 13050 (e)].
WATERS OF THE UNITED STATES - 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. [40 Code of Federal Regulations section 122.2.]"
15.70.060 Sections 3309.4 and 3309.8 of the California Building Code
amended --Grading and retaining wall permit requirements and sections 3309.10
through 3309.21 added.
A. The first paragraph of Section 3309.4 of the Califomia Building Code is
amended to read:
3309.4. Grading and Retaining Wall Permit Requirements.
Engineered Grading Requirements - Application for a grading permit shall
be accompanied by a work schedule including details of the hauling
2004 Ordinance
40
Titles 7, 14 and 15
operation, size of trucks, haul route, dust and debris control measures and
time and frequency of haul trips; four sets of plans and specifications; and
two sets of supporting data consisting of a soils engineering report,
engineering geology report (if necessary), drainage study, structural
calculations, cost estimate, and other pertinent information as may be
required by the City Engineer. (The remaining paragraph(s) are not
changed).
B. The following subsection (8) is added to Section 3309.4 of the California
Building Code, as additional information to be included on the plans:
8. All other relevant information listed in the plan checklists as
developed by the City Engineer.
C. Section 3309.8 of the California Building Code is amended to read:
3309.8 Regular Grading and Retaining Wall Construction
Requirements - Each application for a grading or retaining wall permit
shall be accompanied by four sets of plans and specifications, in sufficient
clarity to indicate the nature and extent of the work, supporting data
consisting of a soils engineering report, engineering geology report (if
necessary), drainage study, structural calculations, cost estimate, and
other pertinent information as required by the City Engineer. The plans
shall give the location of the work, the name of the owner and the name of
the person who prepared the plans. The plans shall be prepared and
signed by a registered Civil Engineer when required by the City Engineer,
and shall include the following information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
3. Location of any buildings or structures where
work is to be performed, and the location of any buildings or structures
within 15 feet of the proposed grading.
4. All other relevant information listed in the plan
checklists as developed by the City Engineer.
D. The following subsections 3309.10 through 3309.21 are added to the
California Building Code:
3309.10. License and Insurance - Prior to the issuance of a
permit, the applicant or the applicant's contractor shall present to the City
Engineer evidence of the following:
I. Coverage of general liability insurance and worker's
compensation in the amounts required by the City Engineer. Such
insurance policy shall name the City of National City and its officers,
agents and employees as additional insured.
II. City Business License, to be obtained from the City
Revenue and Recovery Coordinator.
2004 Ordinance 41 Titles 7, 14 and 15
III. Appropriate State Contractor License
3309.11. All grading, drainage, and retaining wall work done
under this ordinance shall be in accordance with the approved plans and
the conditions of the required permits. The work shall conform to the
Standards of the City of National City, the County of San Diego Regional
Standard Drawings (latest adopted edition), the Standard Specifications.
for Public Works Construction (latest adopted edition), and any other
conditions as may be determined by the City Engineer to be applicable to
the work. Deviations from the requirements of these standards may be
permitted by the City Engineer, based upon written reports and
recommendations by qualified authorities.
3309.12 Standard Condition for Water Quality. It shall be a
condition of every permit issued under this Chapter that the Permittee
shall comply with all the provisions of the City of National City
Watercourse Protection, Storm Water Management and Discharge Control
Ordinance in Chapter 14.22 of this Code."
3309.13 Minimum BMPs. The BMPs required by the City of
National City Storm Water Best Management Practices Manual adopted in
this Municipal Code shall be the minimum BMPs required for issuance of a
grading permit and additional BMPs may be required by the City Engineer
as a condition of issuance of the grading permit.
3309.14 Grading Plan Requirements. All grading plans,
regardless of the date of submittal, shall include an erosion 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.
3309.15 Erosion Control Required.
A. Plans for an erosion control system shall be prepared and
submitted for the review and approval of the City Engineer as a part of any
application for a grading permit. The erosion control system shall comply
with the requirements of the latest National Pollutant Discharge
Elimination System permit and Chapter 14.22 of this Code to satisfy the
requirements for erosion control and eliminate the discharge of sediment
and pollutants. The erosion control plan shall include, but not be limited
to, the following information:
1. Name, address, and a twenty -four-hour phone
number of the owner or responsible party, and the person or contractor
responsible for installing and maintaining the erosion control system and
performing emergency erosion control work;
2. The name, address and signature of the Civil
Engineer or person who prepared the plan;
2004 Ordinance
42
Titles 7, 14 and 15
3. All desilting basins, debris basins, silt traps, and other
desilting, velocity retarding and protection 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;
4. The streets, easements, drains, and other
improvements;
5. The location and placement of gravel bags, diverters,
check dams, slope planting, drains, and other erosion controlling devices
and measures;
6. Access routes to all such erosion control facilities and
how access shall be maintained during inclement weather.
B. Erosion control system standards shall. be as follows:
1. The faces of cut -and -fill slopes and the project site
shall be prepared and maintained to control against erosion. Where cut
slopes are not subject to erosion due to the erosion -resistant character of
the materials, such protection may be omitted upon approval of the City
Engineer.
2. Where necessary, temporary and/or permanent
erosion control devices such as desilting basins, check dams, cribbing,
riprap, or other devices or methods as approved by the City Engineer,
shall be employed to control erosion, prevent discharge of sediment, and
provide safety.
3. Temporary desilting basins constructed of compacted
earth shall be compacted to a relative compaction of ninety percent of
maximum density. A gravel bag or plastic spillway must be installed for
overflow, as designed by the engineer of work, to avoid failure of the
earthen dam. A soils engineering report prepared by the Soils Engineer,
including the type of field-testing performed, location and results of testing
shall be submitted to the City Engineer for approval upon completion of
the desilting basins.
4. Desilting facilities shall be provided at drainage
outlets from the graded site, and shall be designed to provide a desilting
capacity capable of containing the anticipated runoff for a period of time
adequate to allow reasonable settlement of suspended particles.
5. Desilting basins shall be constructed around the
perimeter of projects, whenever feasible, and shall provide improved
maintenance access from paved roads during wet weather. Grading cost
estimates must include maintenance and ultimate removal costs for
temporary desilting basins.
6. The erosion control provisions shall take into account
drainage patterns during the current and future phases of grading.
7. All removable protective devices shown shall be in
place at the end of each working day when there is a fifty percent chance
of rain within a forty-eight hour period. If the Permittee does not provide
the required installation or maintenance of erosion control structures within
two hours of notification at the twenty-four hour number on the plans, the
2004 Ordinance
43
Titles 7, 14 and 15
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 erosion control work may be performed until the
Permittee restores the full amount drawn from the deposit.
8. At any time of year, an inactive site shall be fully
protected from erosion and discharges of sediment. Flat areas with Tess
than five percent grade shall be fully covered unless sediment control is
provided through desiltation basins at all project discharge points. A site
is considered inactive if construction activities have ceased for a period of
ten or more consecutive days.
C. No grafting shall be allowed from October 1st through the
following April 30th on any site if the City Engineer determines that erosion,
mudflow or sediment of silt discharge may adversely affect water quality,
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 Permittee shall pay all
of r the City's direct and indirect costs including extra inspection,
supervision, and reasonable overhead charges.
3309.16 Preservation of Natural Hydrologic Features, Riparian
Buffers and Corridors. All natural hydrologic features and riparian buffer
zones and corridors must be preserved to eliminate or minimize runoff
from construction sites.
3309.17 Phased Grading. Grading shall be phased whenever
the City Engineer finds that phasing is feasible and necessary to protect
the Waters of the State. Areas that are cleared and graded shall be
minimized to only portions of the site that are necessary for construction,
and the exposure time of disturbed soil areas shall be minimized.
3309.18 Establishment of Permanent Vegetation.
A. General. The face of all cut and fill slopes, in excess of
three feet (3') in vertical height, but only final slopes of any borrow pit,
shall be planted and maintained with a ground cover or other planting to
protect the slopes against erosion and instability. Planting shall
commence as soon as slopes are completed on any portion of the site and
shall be established upon all slopes prior to the final approval of the
grading. In order to minimize the period during which a cut or filled
surface remains exposed, such planting shall provide for rapid short-term
coverage of the slope as well as Tong -term permanent coverage. Planting
materials and procedures shall conform to regulations adopted by the City
Engineer. The City Engineer may approve other plant materials as
2004 Ordinance
44
Titles 7, 14 and 15
specified by a landscape architect. The Permittee shall maintain such
planting until it is well established as determined by the City Engineer.
B. Minimum Requirements. In addition to planting with ground
cover, slopes in excess of fifteen (15) feet in vertical height shall be
planted with shrubs in 2-1/4 inch pots or trees having a one (1) gallon
minimum size at ten (10) feet on center in both directions on the slope.
The City Engineer may vary the plant and planting pattern, but not the
quantity, upon the recommendation of landscape architect and approval.
C. Where cut slopes are not subject to erosion due to their
rocky character or where the slopes are protected with pneumatically
applied concrete mortar or otherwise treated to protect against erosion
and instability to the satisfaction of the City Engineer, the requirement of
this subsection may t?e waived by the City Engineer.
D. The City Engineer may require the applicant to temporarily
stabilize and reseed disturbed soil areas to protect the Waters of the
State. If grass or ground cover is not established by the beginning of the
wet season, temporary erosion control measures such as erosion control
mats or blankets shall be installed on the slopes. If grass or ground cover
is not established by the beginning of the wet season, temporary erosion
control measures such as erosion control mats or blankets shall be
installed on the slopes.
3309.19 Irrigation System Requirements.
A. General. Except for agricultural grading pemiits, 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 Tess than fifteen (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 fifty (50) feet would be
required.
B. Minimum Requirements: (1) Plans for the irrigation system
shall be in accordance with San Diego Regional Standard Specifications
for Sprinkler Irrigation Systems and shall be approved by the National
City, City Engineer prior to installation. (2) 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. (3) The irrigation system shall
provide uniform coverage for the slope area at a rate of not Tess 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
2004 Ordinance
45
Titles 7, 14 and 15
Engineer prior to final approval of the grading. (4) A check valve and
balance cock shall be installed in the system where drainage from
sprinkler heads will create an erosion problem. (5) Adequate back flow
protection devices shall be installed in each irrigation system. Such
devices shall be protected against physical damage during construction
operations.
3309.20 Waiver of Planting and Irrigation Requirements. The
City Engineer may modify or waive the requirements for planting and/or
irrigation systems if he/she finds that said requirements would be
unreasonable or unnecessary for any of the following reasons: (a) the
area is subject to periodic inundation, or (b) water is unavailable to the
area such that irrigatjon would be impractical or impossible, or (c) the area
is naturally devoid of vegetation.
3309.21 General Construction Permit Requirements.
A. Notice of Intent. Permittees required to comply with the
State Construction General Storm Water Permit shall maintain on site and
make available for inspection on request by the City any state -issued
Waste Discharge Identification Number (WDID) for the site, and a copy of
th9 Notice of Intent (NOI) filed with the State Water Resources Control
Board (SWRCB) pursuant to that permit.
B. Storm Water Pollution Prevention Plan. Permittees required
to prepare a SWPPP under the State General Construction Storm Water
Permit must prepare the Plan, implement the Plan and maintain it at the
site, readily available for review. Failure to comply with an applicable
state -required SWPPP is a violation of this Chapter.
C. Facility Monitoring. Permittees required to conduct
monitoring under the State Construction General Storm Water Permit
must conduct such monitoring in conformance with requirements specified
by the State, retain records of such monitoring on site, and make such
records available for inspection by the City Engineer."
15.70.070 Section 3310 of the California Building Code amended —Grading
fees. In lieu of the fee schedule outlined in the Califomia Building Code, the plan review
and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the
National City Fee Schedule.
15.70.080 Sections 3315.6, 3315.7 and 3315.8 added to the California
Building Code --Drainage and terracing.
The following Sections 3315.6, 3315.7 and 3315.8 are added to the California
Building Code to read:
3315.6 Surface Run-off Interception. Surface run-off from
new landscaping areas shall be intercepted by and directed to approved
drainage facilities.
2004 Ordinance 46
Titles 7, 14 and 15
3315.7 Easements and Encumbrances. For all private water
courses where the continuous functioning of the drainageway is essential
to the protection and use of multiple properties, a covenant, a
maintenance agreement and/or deed restriction shall be recorded by the
applicant, placing the responsibility for the maintenance of the
drainageway(s) on the owners of record of each respective lot affected.
Permanent off -site drainage 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 issuance of the
grading permit.
3315.8 Drainage Agreements. Surface runoff shall not be
permitted to flow from one lot to another, unless proper drainage
agreements between affected property owners are executed and
submitted to the City Engineer. Such agreements shall be subject to
approval by the City Engineer, and recorded prior to issuance of the
grading permit.
15.70.085 Erosion control. Section 3316 of Appendix Chapter 33, 1998
Califomia Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is
amended,to add the following subsections pertaining to erosion control:
3316.3 Erosion Prevention.
A. General. Permittee shall implement the following minimum
erosion prevention methods to minimize the erosion potential:
1. If feasible, Permittee shall grade only during the dry
season, especially in areas at high risk for erosion.
2. Permittee shall minimize the length of time that soils
are left exposed to elements of wind and water;
3. If grading must occur during the rainy season, the
total area of exposed soil shall be reduced during the rainy season;
4. Critical areas, such as drainage channels, streams,
and natural watercourses shall be properly protected;
5. Exposed areas shall be stabilized as quickly as
feasible;
6. Sufficient waste disposal facilities shall be provided
for all proposed activities;
7. Sufficient storage facilities shall be provided for all
materials and equipment;
8. Permittee shall ensure that materials used for erosion
and sediment control are on site at all times during the rainy season.
9. All slopes shall be protected against erosion and any
unstable slopes shall be stabilized.
10. Erosion prevention shall be considered the most
important erosion control measure with sediment controls as a backup.
B. Dry Season (May 1 through September 30).
2004 Ordinance
47
Titles 7, 14 and 15
1. All exposed disturbed areas must have erosion
prevention controls properly installed including building pads, unfinished
roads and slopes. Slopes greater than 33.3% or 1:3 (vertical vs.
horizontal) may use properly designed and installed de -silting basins at all
discharge points in lieu of this requirement.
2. Adequate perimeter protection BMPs must be
installed and maintained.
3. Adequate sediment control BMPs must be installed
and maintained.
4. Adequate BMPs designed to control off -site sediment
tracking must be installed and maintained.
5. At a minimum, 125% of the materials needed to install
standby BMPs necessary to completely protect exposed portions of the
site from erosion and prevent sediment discharges must be stored on the
site.
6. An approved "weather triggered" response plan is
mandated for implementation in the event that a predicted storm event has
a 50% chance of rain. The proponent must have the capacity to deploy
the standby BMPs within 48 hours of the predicted storm event.
7. All slopes must be equipped with erosion prevention
BMPs as soon as slopes are completed for any portion of the site.
8. Cleared or graded areas left exposed at any given
time are limited to the amount of acreage that the project proponent can
adequately protect prior to a predicted storm event.
C. Wet Season (October 1 through April 30).
In addition to the Dry Season Requirements:
1. Perimeter protection and sediment control BMPs must
be upgraded if necessary to provide sufficient protection for storms.
2. Adequate erosion prevention BMPs must be installed
and established for all completed slopes prior to October 1 and maintained
throughout the wet season. If a BMP fails, it must be repaired, improved,
or replaced with an acceptable altemate as soon as it is safe to do so.
3. The amount of exposed soil allowed at one time shall
not exceed standby erosion and sediment control BMP capacity.
4. An incomplete disturbed area that is not being actively
graded must be fully protected from erosion if left for 10 days or more.
3316.4 BMP Maintenance. All BMPs for erosion prevention
and sediment control shall be functional at all times. Prior to the rainy
season and after each major storm, all source control and structural
treatment BMPs shall be inspected by the Permittee to assure the
functionality and effectiveness. Proper BMP maintenance shall be
conducted throughout the life of the project."
2004 Ordinance
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Titles 7, 14 and 15
15.70.090 Section 3317.9 added to the California Building Code--Gradinq
inspection/retaining wall inspection. In addition to the conditions listed in Section 3317
of the California Building Code, the following is added as Section 3317.9 to the
California Building Code to read:
3317.9 The Permittee or his agent shall notify the City
Engineer:
(A) Initial inspection (preconstruction conference) - when he is
ready to begin grading and not less than forty-eight (48) hours before any
grading is to be commenced. The preconstruction meeting shall be
attended by the owner of the property, the soils engineer and the
engineering geologist (when necessary) the design engineer, the grading
contractor, and the building and engineer inspectors.
(B) Toe of fill inspection - After the natural ground is exposed
and prepared to receive fill, but before any fill is placed.
(C) Excavation Inspection - After excavation and placement is
started, but before the vertical depth of the excavation exceeds 10 feet.
(D) Fill Inspection - After fill and placement is started, but before
the vertical height of the lifts exceeds 10 feet.
(E) Drainage Device Inspection - Before and after forms and
reinforcement are in place, but before any concrete is placed
(F) Rough Grading - Upon completion of all rough grading,
including installation of all drainage structures and other protective
devices, at least twenty-four hours before inspection is to be made.
(G) Final Inspection - Upon completion and approval by the
project Civil Engineer and Soils Engineer of all work shown on the plans
and the permit including the installation of all drainage or other structures.
In addition to the above, inspections for retaining walls shall be per
the San Diego County Regional Standard Drawings or special
Engineering.
(H) Modification of approved plans - if changes are to be made
in the approved plans during construction, the applicant, or his agent, shall
submit an engineering change order to the inspector or to the City
Engineer, for review and approval.
15.70.100 Section 3318.2 of California Building Code amended --Completion
of work. Subsection 3318.2 of the California Building Code is amended to read:
3318.2. Completion of Work. Final approval shall not be
given, grading securities shall not be released, and a notice of completion
or certificate of use and occupancy shall not be issued, until all work,
including installation of all drainage facilities and their protective devices,
and all erosion -control measures have been completed in accordance with
the final approved grading plan, and the required reports and the as -built
plans have been submitted.
2004 Ordinance
49
Titles 7, 14 and 15
15.70.110 Supplementary Section 3319 added to the California Building Code
--Rough grading permit. Supplementary Section 3319 is added to the California
Building Code, to read:
3319. Rough Grading Permit. When grading is to be
performed on a property for which no prior site development plans have
been approved, and on which no other construction is proposed, the
applicant shall obtain special approval of the City Engineer, as well as the
Director of the Planning Department for such grading. The rough -grading
permit thus issued shall be subject to the special requirements of both the
City Engineer and the Planning Director.
15.70.120 Supplementary Section 3320 added to the California Building Code
--Parking lots. Supplementary Section 3320 is added to the Califomia Building Code, to
read:
3320. Parking Lots. Existing or new parking lots, which are
exempted from the requirements of a grading permit, shall be paved or
resurfaced in accordance with an approved drainage plan.
15.70.130 Violation a misdemeanor. Section 3307 of the California Building
Code is amended.
Section 3307 of Appendix Chapter 33, 1998 California Building
Code, 1998 Edition, adopted by reference in Section 15.70.010 is
amended to add the following paragraph:
Any person who commences or does any grading in violation of this
Chapter is guilty of a misdemeanor. Every day that a violation of this
Chapter is committed, continued or permitted to exist is a separate
violation, punishable as provided in this Code."
Section 5. This ordinance shall be effective 30 days after its adoption. The
City Clerk shall certify to the adoption of this Ordinance and cause the same to be
published in the local newspaper in accordance with law.
PASSED and ADOPTED this 3RD day of AUGUST 2004.
ATTEST:
N
c ael R. Dallas
Mi , City Clerk
2004 Ordinance
50
APPROVED AS TO FORM:
George H. iser, III, City Attorney
Titles 7, 14 and 15
Passed and adopted by the Council of the City of National City, California, on August 3,
2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
CityCity
erk of the
National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on July 20, 2004, and on August 3, 2004.
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 member 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 correct copy of
ORDINANCE NO. 2004-2250 of the City Council of the City of National City, passed
and adopted by the Council of said City on August 3, 2004.
City Clerk of the City of National City, California
By:
Deputy