HomeMy WebLinkAboutCC ORD 2010-2329 Amend Sections Title 14 Regarding Storm Water Management and Discharge ControlORDINANCE NO. 2010 — 2329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTIONS 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110,
14.22.120, 14.22.130, 14.22.140, 14.22.150, 14.22.160, and14.22.170 OF
THE NATIONAL CITY MUNICIPAL CODE REGARDING NATIONAL CITY
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
BE IT ORDAINED by the City Council of the City of National City that Title 14,
Chapter 14.22, of the National City Municipal Code is hereby amended by amending the Table of
Contents to read as follows:
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 discharges.
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 Manuals.
14.22.150 Additional requirements for land disturbance activity.
14.22.160 Additional planning, design, and post -construction requirements
for Development Projects.
14.22.170 Maintenance of BMPs.
14.22.180 Inspection and sampling.
14.22.190 Enforcement.
14.22.200 Enforcement authority.
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.
BE IT FURTHER ORDAINED by the City Council of the City of National City that
Title 14, Chapter 14.22, of the National City Municipal Code is hereby amended by amending
Sections 14.22.020, 14.22.030, 14.22.040, 14.22.090, 14.22.110, 14.22.120, 14.22.130,
14.22.140, 14.22.150, 14.22.160, and 14.22.170 to read as follows:
1
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 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 and renewed by 2007-0001 National Pollutant
Discharge Elimination System ("NPDES") Permit Number CAS0108758, and with applicable
State and federal law. The city seeks to promote these purposes by:
1. Controlling nonstorm water discharges to the storm water conveyance
system;
2. Eliminating discharges to the storm 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; and
8. Establishing notice procedures and standards for adjusting storm water
and nonstorm 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, and renewed by 2007-0001, NPDES
Permit Number CAS0108758, and any subsequent amendments, revisions, or reissuance of the
permit and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance
No. 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:
"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.
"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.
"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 of the United States. BMPs also include
treatment requirements, operating procedures and practices to control site runoff, spillage or
leaks, sludge or waste disposal or drainage from raw materials storage.
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"BMP Manual" means the city's Best Management Practices Manual described in
Section 14.22.140 of this Chapter, adopted by resolution and hereinafter referred to as "BMP
Manual".
"BMPs" means best management practices.
"California 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.
"Channel" means a natural or improved watercourse with a definite bed and banks that
conducts continuously or intermittently flowing water.
"Commercial discharger" means discharger who operates a regulated commercial
facility.
"City" means the City of National City.
"Development project" means new development or redevelopment with land disturbing
activities, construction, or installation of a structure, the creation of impervious surface or land
subdivision.
"Developer" means a person who seeks or receives permits for or who undertakes land
development activity.
"Development project proponent" means developer.
"Directors" means the Director of Development Services.
"Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter
storm water or to allow storm water or nonstorm 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
nonstorm water that is discharged.
"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.
"Discharges directly to" means that storm water or nonstorm 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.
"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.
"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.
6. Identification of all on -site connections to the storm water conveyance
system.
7. Preventive maintenance and good housekeeping procedures.
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8. Material management practices employed by the facility to reduce or
eliminate pollutant contact with storm water discharge.
9. 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.
"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.
"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.
"ESA" means environmentally sensitive area.
"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.
"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.
"Illegal discharge" means any nonpermitted 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.
"Illicit connection" means any nonpermitted 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.
"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.
"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.
"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.
"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
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activities include the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, finished product, by-product, or waste product.
"Industrial discharger" means a discharger who operates a regulated industrial facility.
"Industrial storm water permit" means the State general industrial storm water permit.
"Infiltration" means the process of percolating storm water or nonstorm water into the
soil.
"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 are designed primarily to retain water or to treat water such as retention basins,
constructed wetlands, or filtering swales, are not infiltration facilities.
"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.
"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.
"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.
"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.
"Low impact development (LID)" means a storm water management and land
development strategy that emphasizes conservation and the use of on -site natural features
integrated with engineered, small-scale hydrologic controls to more closely reflect pre -
development hydrologic features.
"Maintenance (of a BMP)" 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.
"Maximum extent practicable" is an acceptability standard for best management
practices (BMPs). 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.
"MEP" means maximum extent practicable.
"Motor vehicle" means any automobile, car, truck, bus, motor home, or other self-
propelled vehicle used or suited to use for on -road transportation; and any similar vehicle
modified for off -road use.
"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
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industrial lessees of such facilities may, however, be subject to this Chapter as commercial
dischargers or industrial dischargers).
"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.
"NPDES Permit No. CAS0108758" means RWQCB Order No. 2007-0001, NPDES
Permit No. CAS0108758, 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, the San Diego Unified Port District, and
the San Diego County Regional Airport Authority.
"Nonstorm water discharge" means any discharge to the storm water conveyance
system that is not entirely composed of storm water.
"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.
"Pollutant" means and includes, but is not limited to solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence
degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and
estuaries plan, the inland surface water plan, and the California Ocean Plan standards, such as
fecal coliform, fecal 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. A pollutant also includes
any substance defined as a pollutant under 40 CFR Section 122.2, and any contaminant which
degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and
estuaries plan, the inland surface water plan, and the California Ocean Plan standards by
altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical
oxygen demand (COD), and temperature.
"Premises" means any building, lot, parcel, real estate, land, or portion of land whether
improved or unimproved.
"Priority development projects" are any development projects falling into at least one of
the following categories.
1. Housing subdivisions resulting in the disturbance of one acre or more of
land, or comprised of 10 or more dwelling units. This category includes single-family homes,
multi -family homes, condominiums, and apartments.
2. Commercial developments resulting in the disturbance of one acre or
more of land. This category is defined as any development on private land that is not for
industrial or residential use where the land area for development is greater than one acre. The
category includes, but is not limited to, hospitals, laboratories and other medical facilities,
educational institutions, recreational facilities, municipal facilities, commercial nurseries, multi -
apartment buildings, car wash facilities, mini -malls and other business complexes, shopping
malls, hotels, office buildings, public warehouses, automotive dealerships, commercial
airfields, and other light industrial facilities.
3. Development of industry resulting in the disturbance of one acre or more
of land. This category includes, but is not limited to, manufacturing plants, food processing
plants, metal working facilities, printing plants, and fleet storage areas (bus, trucks, etc.).
4. Automotive repair shops. This category is defined as a facility that is
categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534, or 7536-7539. The SIC codes are available on OSHA's website
(http://www.osha.aovipls/rniskicsearch.html).
5. Restaurants. This category is defined as a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands
selling prepared foods and drinks for immediate consumption (SIC Code 5812), where the land
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area for development is greater than 5,000 square feet. Restaurants where land development
is less than 5,000 square feet shall meet all Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements except for structural treatment BMP and numeric sizing criteria
requirement and hydromodification requirement.
6. All hillside development greater than 5,000 square feet. This category is
defined as any development which creates 5,000 square feet of impervious surface that is
located in an area with known erosive soil conditions, where the development will grade on any
natural slope that is twenty-five percent or greater.
7. Environmentally Sensitive Areas: All development and redevelopment
located within or directly adjacent to or discharging directly to an environmentally sensitive
area (where discharges from the development or redevelopment will enter receiving waters
within the environmentally sensitive area), which either creates 2,500 square feet of impervious
surface on a proposed project site or increases the area of imperviousness of a proposed
project site to 10 percent or more of its naturally occurring condition. "Directly adjacent" means
situated within 200 feet of the Environmentally Sensitive Area (ESA). "Discharging directly to"
means outflow from a drainage conveyance system that is composed entirely of flows from the
subject development or redevelopment site, and not commingled with flows from adjacent
lands.
8. Parking lots 5,000 square feet or more or with 15 or more parking spaces
and potentially exposed to urban runoff. Parking lot is defined as a land area or facility for the
temporary parking or storage of motor vehicles used personally, for business, or for commerce.
9. Street, roads, highways, and freeways. This category includes any paved
surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks,
motorcycles, and other vehicles. Natural BMPs such as constructed wetlands, grassed
swales, biofilters, wet ponds, and vegetated filter strips shall be utilized whenever practicable
for all new development and significant redevelopment.
10. Retail Gasoline Outlets (RGOs). This category includes RGOs and retail
places of business engaged in the sales of motor fuels that meet the following criteria: (a)
5,000 square feet or more, or (b) a projected average daily traffic (ADT) of 100 or more
vehicles per day.
11. AN other pollutant generating development projects that result in the
disturbance of one acre or more of land. Generally all projects which include impervious
surfaces and/or introduce landscaping that requires routine use of fertilizers and pesticides are
considered pollutant generating above background levels. Linear pathway projects that are for
infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle
use are not considered pollutant generating above background levels if they are built with
pervious surfaces or if they sheet flow to surrounding pervious surfaces.
"Rainy season" means the period from October 1st through April 30th.
"Receiving water" means surface bodies of water, as described in Order No. 90-42 of
the Regional Water Quality Control Board, San Diego Region, that 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.
"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 pollutants 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.
"Regulated commercial facility" means all nonresidential 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
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the potential to result in the discharge of nonstorm water or the discharge of pollutants to storm
water.
"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 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.
"Residential discharger" means, for an occupied residence, the occupants; and for a
vacant residence, the owner and the manager of the residence.
"RWQCB" means the Regional Water Quality Control Board for the San Diego region.
"Significant redevelopment" means development in the city that would create, add, or
replace at least five thousand square feet of impervious surfaces on an already developed site
that falls under one or more priority development project categories. Significant redevelopment
includes, but is not limited to: the expansion of a building footprint; addition to or replacement of
a structure; replacement of an impervious surface that is not part of a routine maintenance
activity; and land disturbing areas related with structural or impervious surfaces. Replacement of
impervious surfaces includes any activity that is not part of a routine maintenance activity where
impervious material(s) are removed, exposing underlying soil during construction. Significant
redevelopment does not include trenching and resurfacing associated with utility work;
resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian
ramps, or bike lane on existing roads; and replacement of damaged pavement.
"Standard Urban Storm Water Mitigation Plan (SUSMP)" means the plan designed to
reduce pollutants and runoff flows from new development and significant redevelopment,
adopted by Ordinance No. 2213 of November 12, 2002, and any subsequently adopted
amendments, revisions, or modifications.
"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.
"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.
"Stop work order" means an order issued which requires that specifically identified
activity or all activity on a site be stopped.
"Storm water" means surface runoff and drainage associated with storm events and
snow melt.
"Storm water conveyance system" means and 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.
"Storm water management" means the use of structural or nonstructural 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.
"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 nonstorm water management
during the permitted activity.
"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
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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;
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.
"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.
"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. All treatment control BMPs are structural post -
construction BMPs.
"SUSMP Manual" means the city's Standard Urban Stormwater Mitigation Plan manual
and described in Section 14.22.140 of this Chapter.
"SWRCB" means the State Water Resources Control Board.
"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.
"Treatment control BMP" means any engineered system designed and constructed to
remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of
particulate pollutants, filtration, biological uptake, media absorption, or any other physical,
biological, or chemical process. "Treatment control" has the same meaning.
"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.
"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 nonstorm water discharges, and illicit
discharges.
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"Water main" means a potable or recycled water delivery line greater than or equal to
four inches in diameter.
"Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, arroyo, or wash in which waters flow in a definite
direction or course, either continuously or intermittently, and which has a definite channel and a
bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also
includes land covered during times of high water. Watercourse does not include any surface
drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert,
drain, waterway, gully, ravine, arroyo, or wash.
"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 United States Environmental Protection Agency to protect those uses.
"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
by its authorized enforcement officials.
B. 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. 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 nonstorm 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.
C. 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.
D. Severability and Validity. If any section of this Chapter is declared invalid by a
court of law, the remaining sections shall remain valid.
E. 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 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:
a. Conditional use permit (including modification or time 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.
Ordinance 2010-2329 Storm Water Management and
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Tentative map (and amendments to conditions of approval or time
extension).
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 SUSMP Manual and the BMP 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.
Encroachment permit.
j. Excavation permit.
k. On -site wastewater system permit.
Underground tank permit.
m. Well permit.
F. Guidance Documents. Any authorized enforcement official may prepare,
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 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.
14.22.090 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 BMP Manual and the SUSMP 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:
Ordinance 2010-2329 Storm Water Management and
11 Discharge Control
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 two hundred fifty square feet in total area, and more than a three -to -one run -to -rise ratio in
grade 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.
6. Use of Materials. All materials with the potential to pollute urban runoff
(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
an 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 of an 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 an SWPPP to
the city discharges nonstorm water to groundwater, the facility shall obtain a RWQCB permit as
required by the State Water Code and shall describe the requirements of that permit in the
SWPPP.
Ordinance 2010-2329 Storm Water Management and
12 Discharge Control
Whenever submission of an 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 twenty-four hours of 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 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 monitoring ordered pursuant to this Subsection may include the
following:
1. Visual monitoring of dry weather flows, wet weather erosion, and/or
BMPs;
2. Visual monitoring of premises for spills or discharges;
3. Laboratory analyses of storm water or nonstorm water discharges for
pollutants;
4. 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.
14.22.110 Additional minimum best management practice requirements for commercial
activities and facilities.
A. Application of Requirements. All regulated commercial dischargers must install,
implement, and maintain at least the additional minimum BMPs, if any, specified in this Section
or in the BMP Manual for the category of activity or facility owned or operated by that
discharger, as applicable. All regulated commercial dischargers shall review their facilities,
activities, operations, and procedures at least annually to detect and eliminate illicit connections
Ordinance 2010-2329 Storm Water Management and
13 Discharge Control
and illegal discharges. Corrective training shall be provided as needed (and documented in
training records) whenever an illegal disposal practice is discovered.
B. Regulated Commercial Dischargers Identified. As required by NPDES Permit No.
CAS0108758, facilities in the city having one or more of the following characteristics are
regulated commercial facilities:
1. The facility is a regulated commercial discharger if it is engaged in one or
more of the following commercial activities:
a. Airplane mechanical repair, maintenance, fueling, or cleaning;
b. Motor vehicle (or other vehicle) parking lots and storage facilities;
c. Motor vehicle and other vehicle body repair or painting;
d. Motor vehicle mechanical repair, maintenance, fueling, or
cleaning;
e. Boat mechanical repair, maintenance, fueling, or cleaning;
f. Botanical or zoological gardens and exhibits;
g. Cement mixing or cutting;
h. Cemeteries;
Eating or drinking establishments, including food markets;
j. Equipment repair, maintenance, fueling, or cleaning;
k. Golf courses, parks and other recreational areas/facilities;
Landscaping;
m. Marinas;
n. Masonry;
o. Mobile motor vehicle or other vehicle washing;
p. Mobile carpet, drape, or furniture cleaning;
q. Nurseries and greenhouses;
r. Painting and coating;
s. Pest control services;
t. Pool and fountain cleaning;
u. Portable sanitary services;
v. Retail or wholesale fueling;
w. Building material retailers and storage;
x. Animal facilities;
y. Power washing services.
2. All other commercial dischargers not mentioned in Section
14.22.110(B)(1), tributary to a CWA Section 303(d) impaired water body segment for which the
city has determined the facility or activity generates pollutants for which the water body segment
is impaired.
3. Commercial dischargers discharging directly to receiving waters within
ESAs.
4. All other commercial dischargers that the city determines may contribute
a significant pollutant load to the storm water conveyance system.
C. Additional Minimum BMPs for All Regulated Commercial Dischargers. All
regulated commercial dischargers shall install, implement, and maintain the BMPs specified in
the BMP Manual the following areas, as applicable:
1. Employee training;
2. Storm drain tileage and signing;
3. Annual review of facilities and activities;
4. Pollution prevention; and
5. Good housekeeping.
Ordinance 2010-2329 Storm Water Management and
14 Discharge Control
D. Additional Minimum BMPs for Specific Activities Conducted by Regulated
Commercial Dischargers. Regulated commercial dischargers shall install, implement, and
maintain the BMPs specified in the BMP Manual for all locations, if any, where any of the
following activities are conducted:
1. Vehicle and equipment operations;
2. Materials and waste management (including tanks); and
3. Outdoor work and storage functions.
E. Additional Minimum BMPs for Specific Types of Regulated Commercial Facilities
and Activities. Regulated commercial dischargers, including but not limited to the types of
facilities and activities listed below, shall install, implement, and maintain the BMPs specified in
the BMP Manual for each such type of facility or activity. BMPs must be installed, implemented,
and maintained for all applicable specific facility or activity types regardless of whether that
activity is the primary activity of the regulated commercial discharger.
1. Automobile, other vehicle, or equipment repair, maintenance, fueling, or
cleaning;
parks;
,2. Boat repair, maintenance, fueling, or cleaning, including marinas;
3 Automobile or other vehicle body repair or painting;
4. Automobile or other vehicle parking and storage;
5. Painting and coating;
6. Eating and drinking establishments, including food markets;
7. Parking lots and storage facilities;
8. Cement mixing and cutting and masonry;
9. Mobile carpet, drape, and furniture cleaning;
10. Pool and fountain cleaning;
11. Portable sanitary servicing;
12. Mobile vehicle washing;
13 Pest control;
14. Landscaping, including cemeteries, botanical gardens, golf courses, and
15. Nurseries and greenhouses;
16. Building materials retailers and storage;
17. Animal facilities, including zoological gardens; and
18. Power washing.
F. Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the city may require the implementation of
additional controls for commercial dischargers tributary to CWA Section 303(d) listed water body
segments where the facility or activity generates pollutants for which the water body segment is
impaired or for commercial dischargers within or directly adjacent to or discharging directly to
receiving waters within ESAs. Additional controls may include, but are not limited to
implementation of BMPs more stringent than the applicable minimum BMPs in this Chapter and
preparing an SWPPP or conducting monitoring as provided in Section 14.22.090 of this Code.
14.22.120 Additional minimum best management practice requirements for industrial
activities and facilities.
A. Application of Requirements. All regulated industrial dischargers must install,
implement, and maintain at least the applicable additional minimum BMPs, if any, specified in
this Section or in the BMP Manual for the category of activity or facility owned or operated by
that discharger. All regulated industrial dischargers shall review their facilities, activities,
operations, and procedures at least annually to detect and eliminate illicit connections and
Ordinance 2010-2329 Storm Water Management and
15 Discharge Control
illegal discharges. Corrective training shall be provided as needed (and documented in training
records) whenever an illegal disposal practice is discovered.
B. Regulated Industrial Dischargers Identified. Dischargers that meet one or more
of the criteria listed below are regulated industrial dischargers:
1. The facility is an industrial discharger, as defined in 40 CFR Section
122.26(b)(14), including those subject to the State industrial general storm water permit or other
individual NPDES permit.
2. The facility is an operating and/or closed landfill.
3. The facility is subject to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA).
4. The facility is a hazardous waste treatment, disposal, storage, and/or
recovery facility.
5. The facility is an industrial discharger tributary to a CWA Section 303(d)
listed water body, and the facility generates a pollutant for which that water body is impaired.
6. The facility is a regulated industrial facility, and is located within or directly
adjacent to (i.e., within two hundred feet) or discharges directly to a coastal lagoon or a
receiving water body within an ESA.
C. Regulated industrial facilities must meet the applicable requirements set out in
Sections 14.22.040 through 14.22.090 for all discharges, the applicable requirements set out in
Section 14.22.110 for regulated commercial facilities, any applicable requirements in Section
14.22.140, and the following practices:
1. Pollution Prevention Practices. Regulated 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:
a. The use of smaller quantities of toxic materials or substitution of
less toxic materials;
b. Changes to production processes to reduce waste;
c. Decreases in waste water flows;
d. Recycling of wastes as part of the production process;
e. Segregation of wastes; and
f. Treatment of wastes on site to decrease volume and/or toxicity.
2. Nonstructural BMPs. Regulated industrial facilities shall incorporate into the
SWPPP, and install, implement and maintain the following nonstructural BMPs. The
implementation of these practices shall be consistent with specifications, if any, contained in the
BMP Manual.
a. BMPs for material handling and storage of significant materials;
b. BMPs for nonhazardous waste handling and recycling;
c. Preventive maintenance practices;
d. Self -inspection and quality assurance practices; and
e. Spill response planning.
3. BMPs for Specific Activities. Regulated industrial facilities shall install,
implement and maintain BMPs as specified in the BMP Manual for any commercial activities
conducted at the facility (as identified in 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:
process;
a. Raw or processed materials bulk storage;
b. Mixing, where there is the potential for release of a pollutant;
c. Cutting, trimming, or grinding in connection with a production
d Casting, forging, or forming;
e. Hazardous materials storage (including tanks);
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f. Pesticide or other chemical products formulation or packaging;
g. Process water pre-treatment;
h. Solid waste storage;
Waste water treatment;
j. Welding;
k. Blasting;
Chemical treatment; and
m. Loading and unloading significant materials.
4. Additional Structural BMPs. Regulated industrial facilities shall 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.
a. Overhead coverage of outdoor work areas or chemical storage;
b. Retention ponds, basins, or other impoundments that confine
storm water to the site;
c. Berms and concrete swales or channels that divert run-on and
runoff away from contact with pollutant sources; and
d. Treatment controls to reduce pollutants in storm water or
authorized nonstorm water discharges. The design of proposed treatment controls must be
approved by the city engineer prior to implementation. Maintenance of treatment controls shall
be the responsibility of the property owner.
D. Additional Requirements for Regulated Industrial Dischargers Subject to the
State Industrial General Storm Water Permit.
1. Notice of Intent. 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. Regulated industrial dischargers which are potentially
subject to the State Industrial General Storm Water Permit that have determined they do not
require coverage under that permit must prepare and retain on site, and make available for
inspection, a written report documenting and explaining that determination.
2. Storm Water Pollution Prevention Plan. Dischargers required to prepare
an 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. Failure to comply with
an applicable State -required SWPPP is a violation of this Chapter.
E. Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the city may require the implementation of
additional controls for industrial dischargers tributary to CWA Section 303(d) listed water body
segments where the facility or activity generates pollutants for which the water body segment is
impaired or for commercial dischargers within or directly adjacent to or discharging directly to
receiving waters within ESAs. Additional controls may include, but are not limited to
implementation of BMPs more stringent than the applicable minimum BMPs in this Chapter, and
preparing an SWPPP or conducting monitoring as provided in Section 14.22.090 of this Code.
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 14.22.090 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
Ordinance 2010-2329 Storm Water Management and
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the additional minimum BMPs, if any, specified in Section 14.22.120 or in the BMP Manual, for
industrial areas and activities at the municipal facility.
14.22.140 Manuals.
A. Effect of Manuals. 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 BMP Manual and the SUSMP 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 these manuals.
B. Existing Facilities. The BMP 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 BMP Manual for a type and category of facility or
activity, only the requirements set out in this Chapter are applicable.
C. Land Development Projects. The BMP Manual sets out minimum BMPs and
other objective specifications for all construction phase activities. The SUSMP Manual sets out
minimum BMPs, design criteria, and other objective specifications for project design and
planning with respect to the post -development condition of priority development projects.
D. 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 BMP Manual or the SUSMP
Manual, the requirement in the BMP Manual or the SUSMP 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 government 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 shall implement BMPs as
detailed in the BMP 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. Off -site sediment tracking control;
6. Materials management;
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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 nonstorm water discharges;
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 an
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.
Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the city may require the implementation of
additional controls for dischargers engaged in land disturbance activity tributary to CWA Section
303(d) listed water body segments where the land disturbance area or activity generates
pollutants for which the water body segment is impaired or for dischargers engaged in land
disturbance activity within or directly adjacent to or discharging directly to receiving waters
within ESAs. Additional controls may include, but are not limited to implementation of BMPs
more stringent than the applicable minimum BMPs listed in this Chapter.
14.22.160 Additional planning, design and post -construction requirements for Development
Projects.
A. Application to Development 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 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 SUSMP 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 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. Development 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 all of the following
Ordinance 2010-2329 Storm Water Management and
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post -construction BMPs to ensure that pollutants and runoff from the development will be
reduced to the MEP, and will not significantly degrade receiving water quality.
1. Source control BMPs. Source control BMPs include storm drain system
stenciling and posting of signs; posting of signs or other form of notification at storm drain inlets
and access points to creeks and channels discouraging illegal dumping and stating the
receiving water by name; properly designed outdoor material storage areas; properly designed
trash storage areas; and implementation of efficient irrigation systems.
2. Low Impact Development (LID) BMPs. LID BMPs shall maximize
infiltration, provide retention, slow run-off, minimize impervious footprint and constructed widths,
and direct run-off from impervious areas into landscaping.
3. Buffer zones. A project shall be designed to include a buffer zone for
natural water bodies. Where buffer zones are not feasible, other equally serving methods may
be implemented, such as trees or access restrictions.
4. Construction BMPs. Implement land disturbance BMPs described in this
Chapter.
5. Submittal of proof of a mechanism under which ongoing long-term
maintenance of all structural post -construction BMPs will be conducted.
6. Additional BMPs as necessary to ensure that pollutants and runoff from
the development project do not cause or contribute to an exceedance of a receiving water
quality objective.
D. Additional Post -Construction BMP Requirements for Priority Development
Projects. Priority development projects are subject to additional requirements as described in
SUSMP Manual.
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.
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 and Redevelopment. 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. The owners of lands on which BMPs have
been installed to meet the requirements of this Chapter and applicable SUSMP requirements
are responsible for maintenance of those BMPs, shall enter into a BMP maintenance agreement
contract or equivalent agreement with the city, and shall provide annual verification that
appropriate maintenance is conducted for all treatment control BMPs.
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.
Ordinance 2010-2329 Storm Water Management and
20 Discharge Control
D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For
purposes of city enforcement, no contract or other agreement imposing an obligation to maintain
a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this
Chapter.
E. Disclosure of Maintenance Obligations. Any developer who transfers ownership
of land on which a BMP is located or will be located or who otherwise transfers ownership of a
BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide
clear written notice of the maintenance obligations associated with that BMP to the new or
additional responsible party prior to that transfer, and shall record that obligation so that the
BMP will run with the land.
F. Maintenance Plans for 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 and maintenance of the
BMPs, worker training requirements, and any other activities necessary to ensure BMP
maintenance. The plan shall provide for servicing of all post -construction structural BMPs at
least annually, and for the retention of inspection and maintenance records for at least three
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.
PASSED and ADOPTED this 16th day of February, 2 10.
ATTEST:
Michael R. DaIla,'City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance 2010-2329
21
Ron Morrison, Mayor
Storm Water Management and
Discharge Control
Passed and adopted by the Council of the City of National City, California, on February
16, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
/i 1j City CI rk of the City of National City, California
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 February 2, 2010 and on February 16, 2010.
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. 2010-2329 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 16, 2010.
By:
City Clerk of the City of National City, California
Deputy