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HomeMy WebLinkAboutCC ORD 2015-2403 Amend Chapter 14.22 Storm Water Management and Discharge ControlORDINANCE NO. 2015 — 2403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL) OF THE NATIONAL CITY MUNICIPAL CODE IN ITS ENTIRETY The City Council of the City of National City does ordain as follows: Section 1, Title 14, Chapter 14.7), of the National City Municipal Code is hereby amended in its entirety 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 Watercourse protection. 14.22.060 Discharge prohibitions. 14.22.070 Exemptions to discharge prohibitions. 14.22.080 Best management practice requirements for all dischargers. 14.22.090 Additional requirements for land disturbance activity. 14.22.100 Additional requirements for all land development and redevelopment projects. 14.22.110 Maintenance of best management practices. 14.22.120 Inspection and sampling. 14.22.130 Enforcement. 14.22.140 Enforcement authority. 14.22.150 Other acts and omissions that are violations. 14.22.160 Penalties 14.22.170 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 shall be so cited. 14.22.020 Purpose and intent. The purposes of this chapter are as follows: A. To establish requirements for discharges into the MS4, receiving waters, and the environment; B. To protect, to the rnaxirnL1m extent practicable (MEP), life, property, receiving waters, aquatic life, and the environment from Toss, injury, degradation, or damage by discharges from within the City's jurisdiction; C. To protect the stormwater conveyance system from damage; and D. To meet the requirements of state and federal law and the MS4 Permit. 14.22.030 Definitions. When used in this chapter and reference documents (including the Best Management Practices Manual), 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 C assignee of the city manager who is responsihle for enforcing the previsions of this chapter, including but not limited to, the directors, their management staff, and designees. "Authorized enforcement staff' means any city employee or contractor hired by the city who is assigned to duties involving permits and other city approvals, inspections, or enforcement related to this chapter. "Best management practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, pollution treatment practices or devices, and other management practices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to storm water, the MS4, or to receiving waters. BMPs also include, but are not limited to, treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage. "BMP Manual" or "Manual" means the city's Best Management Practices (BMP) Manual described in Section 14.22.040.0 of this chapter, adopted by resolution as part of the city's Jurisdiction Runoff Management Program, which also includes the City's BMP Design Manual. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "City" means the City of National City. "Contamination" as defined in the Porter -Cologne Water Quality Control Act, is "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. 'Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected. ''Developer means a person who seeks or receives permits for or who undertakes land development activity. "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. "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 non -storm water to directly or indirectly enter the MS4 or receiving waters, from an activity or operations which one owns or operates. When used as a Ordinance No. 2015-2403 2 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control noun, "discharge' means the pollutants, storm water and/or non -storm 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 MS4 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 pubic authority is not a discharger as to activities conducted by others in public rights -of -way. 'Erosion" refers to any process in which land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such ae farming, development, road building, and timber harvesting. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated. "Illegal connection" means a pipe, facility, or Other device connected to the MS4 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. "Hiegel discharge" means any discharge to the MS4 or receiving water that is prohibited by this chapter. This includes, but is not limited to, discharges of non -storm water that are not exempt discharges listed in Section 14.22.070, discharges of irrigation runoff to the MS4, and any discharges that contain additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a NPDES permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES permit are illegal discharges for the purposes of this chapter unless compliance with all applicable permit and SWPPP conditions is maintained. "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. "Land development activity" means construction, rehabilitation, redevelopment, or reconstruction of any public or private projects. "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 sail cal rook or invoives 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. "Maximum extent practicable" (MEP) is an acceptability standard for BMPs. When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still Ordinance No. 2015-2403 3 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 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. 'MS4 permit" means RWQCB Order No. R9-2013-0001, NPDES No. CAS0109266, as may be amended. "Municipal separate storm sewer system" (MS4) is a conveyance or system of conveyance (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the City having jurisdiction over disposal of storm water; (2) designated or used for collecting or conveying storm water; (3) which is not a combined sewer; (4) which is not part of a publicly owned treatment works as defined at 40 CFR 122.26. "National Pollution Discharge Elimination System (NPDES) permit" means a national pollutant discharge elimination system permit issued by the RWQCB or the SWRCB. "Non -storm water discharge" means any discharge to the MS4 that is not entirely composed of storm water. "Nuisance" shall have the same meaning as set forth in National City Municipal Code Section 1.36.010. "Pollutant" means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. "Pollution" as defined in the Porter -Cologne Water Quality Control Act, is "the alteration of the quality of the waters of the State by waste, to a degree which unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. "Post -construction BMP 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 BiViPs that will be used for storm water and non -storm water management during the permitted activity. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved. "Priority Development Projects" refers to new development and redevelopment project categories as more fully set forth in Section E.3.b of the MS4 Permit and in the BMP Manual. "Receiving water" means all waters that are "Waters of the United States". "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 buiiding 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. "Runoff' means all flows in a stormwater conveyance system including stormwater (wet weather flows) and non-stormwater (dry weatherfiows). Ordinance No. 2015-2403 4 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control "RWQCB" means the Regional Water Quality Control Board for the San Diego region. "Sediment" means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediment resulting from anthropogenic sources (i.e. human induced land disturbance activities) is considered a pollutant. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms' survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. "State" means the State of California. "Stop Order" means a verbal directive, written notice or combination directed to one or more responsible parties to ease and desist immediately from conducting business or performing or aiiowing work or activity to continue, including without limitation construction, land development or land grading, without having first obtained a required permit or license or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license or while a required permit or license is suspended or revoked. "Storm water" means, per 40 CFR 122.26(b)(13), storm water runoff, snowmelt runoff and surface runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from precipitation events. "Storm water management" means the use of structural or nonstructural BMPs that are designed to reduce urban run-off pollutant Toads, 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 Pollution Prevention Plan (SWPPP)" means a document which describes the BMPs to be implemented by the owner or operator to eliminate or reduce to the MEP discharges of pollutants to the MS4. 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 if Eoiude an esiimate 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 entrely natural and undisturbed condition) or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non -storm water dischar'ces. Ordinance No. 2015-2403 5 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control "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. "SWRCB" means the State Water Resources Control Board. "Water main" means a potable or recycled water delivery line greater than or equal to four inches in diameter. "Water quality standards" are defined as the beneficial uses (e.g., s.:fin-trnmg, 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 State" means any water, surface or underground, including saline waters within the boundaries of the State (State Water Code Section 10350(e)). The definition of the "Waters of the State" is broader than that for the "Waters of the United States" in that all water in the State is considered to be "Waters of the State" regardless of circumstances or condition. "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). "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. 14.22.040 General provisions. Responsibility for Administration. This chapter shall be administered for the city of National City by its authorized enforcement officials. A. Construction and Application. This chapter shall be interpreted to assure consistency with the requirements of the iviS4 permit. This chapter is not intended to intertere 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 iaw, 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. B. BMP Manual. The City may establish and adopt a written description of the runoff management measures and programs, including minimum BMPs, that the City will implement, or require to be implemented, to ensure compliance with this chapter. These documents shall be known collectively as the BMP Manual. Amendments to the BMP Manual shall be approved by the authorized enforcement official. Ordinance No. 2015-2403 6 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control C. Severability and Validity. !f any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid. 14.22.050 Watercourse protection. Every person owning or occupying property through which a natural watercourse of a tor rn+wdier conveyance system passes shall: A. Keep and maintain that part of the watercourse within the property free of trash, debris and other materiais which would pollute, contaminate, retard, or divert the flow of water through the watercourse or the MS4; B. Maintain existing structures within or adjacent to such a watercourse so that thcce structures will not become a hazard to the use, function, or physical integrity of the watercourse or the MS4; C. Not remove healthy bank vegetation beyond that necessary for maintenai ica, nor remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion; D. Not deposit in, plant in or remove any material from a watercourse including its banks, except as required for necessary maintenance; E. Not construct, alter, enlarge, connect to, change or remove any structure in a watercourse; and F. Not 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. G. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game, SWRCB, the RWQCB, or the United States Army Corps of Engineers regulating waters of the United States and/or storm water discharges. 14.22.060 Discharge prohibitions. A. Illegal Discharges. The discharge of pollutants directly or indirectly into the MS4 or receiving waters is prohibited, except as exempted in Section 14.22.070 of this chapter and unless the applicable requirements of this chapter have been met. It is unlawful for any person to cause either individually or jointly any discharge into or from the MS4 which results in or cnniribiJtes to a violation of the MS4 Permit. B. Illegal Connection. It is prohibited to estabiish, use, maintain or continue illegal connections to the MS4, 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. C. Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. D. Violations of the MS4 Permit. It is unlawful for any person to cause, or threaten to cause, either individually or jointly any discharge into or from the stormwater conveyance system that results in or contributes to a violation of the MS4 Permit. 14.22.070 Exemptions to discharge prohibitions. A. Permitted Discharges. Any discharge to the MS4 that is regulated under a NPDES permit issued to the discharger and administered by the State pursuant to Divisinn 7 of Ordinance No. 2015-2403 7 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control the California Water Code is allowed, provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations. B. Groundwater Discharges Typically Requiring Permits. Non -storm water discharges to the MS4 from the following categories are allowed if: (I) the discharger obtains coverage under NPDES Permit No. CAG919001 (RWQCB Order No. R9-2007-0034, or subsequent order) for discharges to San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or (ii) the RWQCB determines in writing that coverage under NPDES Permit No. CAG919001 (or subsequent permit) is not required. Othenvise, non -storm water discharges from the following categories are iiiega! discharges: 1. Disc r es from !!.contaminated pumped groundwater; 2. Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year; 3. Discharges from water from crawl space pumps; 4. Discharges from water from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. C. Discharges from Water Lines. Non -storm water discharges to the MS4 from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 (RWQCB Order No. R9-2010-0003, or subsequent order), and the discharge is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit. Otherwise, discharges from water lines are illegal discharges. D. Allowable Discharges. Non -storm water discharges to the i+S4 from the following categories are allowed, unless the enforcement official or the RWQCB identifies the discharge as a source of pollutants to receiving waters, in which case non -storm water discharges from the following categories are illegal discharges: 1. Discharges from diverted stream flows; 2. Discharges from rising groundwater; 3. Discharges frorn uncontaminated groundwater infiltration to the MS4; 4. Discharges from springs; 5- Discharges from flows from riparian habitats and wetlands; 6. Discharges from potable water sources, except as set forth in Section 14.22.070(C) and except that irrigation runoff discharges are considered illegal discharges and are riot allowed; 7. Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non -storm water discharges under unusual circumstances; Ordinance No. 2015-2403 l3 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 8_ Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non -storm water discharge under unusual circumstances. E. Conditionally Mowed Discharges. Non -storm water discharges from the following categories are allokived if they are controlled as follows artd in accordance with the city's BMP Manual. Otherwise, non -storm water discharges from the following categories ere Mega) discharges: 1. Air conditioning condensation. Air conditioning condensation shall comply with applicable BMPs identified in the BMP Manual. 2. individual residential vehicle washing. Wash water from individuai residential vehicle washing must he c►irectcd to landscaped areas or other pervious su paces, where feasible. Where discharges cannot be feasibly prevented, BviPs must be implemented in accordance with the BMP Manual. Non-commercial car washes, such as fundraisers and other similar activities, are not considered individual residential vehicle washing. Discharges from such activities are therefore considered illegal discharges. 3. Water from swimming pools. Chlorinated swimming pool water. Chlorine, algaecide, filter backwash, and other pollutants must be eliminated prior to discharging swimming pool water to the MS4. (ii) Saline swimming pool water. Saline swimming pool water must be directed to the sanitary sewer, landscaped areas, or other pervious surfaces that can accommodate the volume of water, unless the saline swimming pool water can be discharged through a pipe or concrete channel directly to a naturally saline water body (e.g., the Pacific Ocean). F. Firefighting Activities. Non -storm water discharges to the MS4 from firefighting activities are allowed if they are addressed as follows: 1. Non -emergency firefighting discharges. Non -emergency firefighting discharges, including building fire suppression system maintenance discharges (e.g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of pollutants to the MS4. 2. Emergency firefighting discharges. BMPs are encouraged to prevent Pollutants from entering the MS4. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety. G. Exemptions Not Absolute. Notwithstanding the categories of non -storm water discharges conditionally allowed by Section 14.22.070.A through F, if the PWQCB or the authorized enforcement official determines that any of these categories of otherwise conditionally allowed discharges are a source of pollutants to receiving waters, are a danger to pubiic health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4. Ordinance No. 2015-2403 9 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.080 Best management practice requirements for all dischargers. A. Best Management Practices. Any person engaged in activities, which will or may result in discharges to the MS4 shall undertake all measures to reduce the risk of non -storm water discharges and such pollutants to the MEP. 1. Every person undertaking any activity or use of premises which may cause or contribute to storm water pollution, illegal discharges, or non -storm water discharges to the MS4 shall comply with the BMP requirements, as described in the BMP Manual and as may be established by the authorized enforcement official. BMPs shall be maintained routineiy throughout the life of the activity. Such BMPs include the minimum RMPs set forth in the RMP M.ar el 1. 2. Authorized enforcement staff may require any facility or operation that is engaged in activities which may result in pollutant discharges to the MS4 to develop and implement a storm water BMP plan, which must include employee training program and the applicable minimum BMPs from the BMP Manual. 3. Each discharger that is subject to any NPDES permit shall comply with all requirements of all such permits. The discharger must also make reports submitted to the RWQCB or other permitting agency, including monitoring data, available tc the City upon request. 4. Parties undertaking land disturbance activities shall comply with all applicable requirements of this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading). 5. Parties undertaking land development and redevelopment activities shall comply with all applicable requirements of the BMP Manual and Section 14.22.110. B. Guidance Documents. Any authorized enforcement official under the supervision of the City Engineer may prepare, disseminate, and maintain guidance documents addressing the use of BMPs for specific activities or facilities, illegal connections, and illegal discharges. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter or specified in the BMP Manuai. C. Significant Sources of Pollutants. When authorized enforcement staff identifies a discharge that is in violation of Sections 14.22.060.D and 14.22.070.G, the authorized enforcement official may order the discharger to install, implement, and maintain additional BMPs to prevent or reduce contamination in storm water and non -storm water to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. Failures to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter. D. Collection and Use of Storm Water. An authorized enforcement official may modify any requirement imposed by this chapter to allow the on -site collection and use of storm water, or the collection of storm water for delivery to and use at city -designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection. Ordinance No. 2015-2403 10 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.090 Additional reauirements 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 or equivalent approval required for land disturbance activity without first meeting the requirements of this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading) with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. e. 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. BMP Plan Submittals. All applications to the city for a permit or approval associated with a land disturbance activity must demonstrate how the proposed activity will comply with all applicable BMP requirements in a format specified by the city. The submitted materials shall specify the manner in which the discharger/applicant will implement the BIVIPs required by this chapter, the BMP Manual, and National City Municipal Code Chapter 15.70 (Grading) for the activity at issue. 14.22.100 Additional requirements for all land development and redevelopment projects. A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City grading, clearing, building, or other land development permit required for land development activity or redevelopment activity unless the project meets or will meet the requirements of this chapter and applicable requirements defined in the city's BMP Manual. For Priority Development Projects, the project's post -construction BfviP Plan must be approved prior to the issuance of such permits. B. Owr;wu and Do'vciopers f1.uopu, and Liable. IDeve opers, development project proponents, and !and owners for !and 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. Pos` `N.icti ri 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, and will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of water quality standards in accordance with the requirements defined in the BMP Manual. D. Post -construction BMP 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 BMP plan on a form or in a format specified by the city. The plan shall specify the manner in which the discharger/applicant wit! implement the post -construction BMPs required by Ordinance No. 2015-2403 11 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 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. E. Post -construction BMP Plan Review Fee and Deposit. Fees for post -construction BMP plan review and deposit thereof shall be adopted by resolution. F. Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement, and ma:ntain post - construction BMPs as needed to prevent or reduce pollutant discharges in stormwater from iand disturbance to the MEP. 14.22.110 Maintenance of BMPs. A. Existing Development. Dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter. B. Structural post -construction BMPs. 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 post -construction BMP 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 written verification that appropriate maintenance is conducted for ail treatment control BMPs. C. Maintenance Obligations. Primary responsibility to maintain a structural post - construction 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 structural post -construction BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter. E. Disciosure of iviaintenance Obligations. Any developer who transfers ownership of and an which a sfructural post -construction BMP is located or will be located or who otherwise transfers ownership of a structural post -construction 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 structural post -construction BMP will run with the land. F. Maintenance Plans for Development Projects, The proponents of any !and development project or redevelopment project that requires installation of structural post - construction BMPs shall provide to the City for review and approval prior to issuance of such Ordinance No. 2015-2403 12 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control permit, a plan for maintenance of all structural post -construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons, or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all structural post -construction BMPs at least annually and for the retention of inspection and maintenance records for at !east three years. G. Access for Maintenance. Structural post -construction BMPs shall be provided adequate access for long-term inspection and maintenance purposes. hi. Assurance of Maintenance for Land Development Projects. The proponents of Rny land development activity or redevelopment activity that requires a city permit shall provide to the city, prior to issuance of permits for the project, proof of a mechanism acceptable to the city which will ensure ongoing long-term maintenance of all structural post -construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for ensuring maintenance is accepted by the city and becomes effective. 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. 14.22.120 Inspection and sampling. A. Regulatory Inspections and Certification Programs. Authorized enforcement staff may establish inspection or certification programs to evaluate and enforce compliance with the requirements of this chapter. Authorized enforcement officials may inspect facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the land owner or operator or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. inspections of New Construction. When any new storm drain system or 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 land owner shall grant the city permission to access the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This inciudes the right to enter the property without prior notice 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. 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. Ordinance No. 2015-2403 13 Storm Water Management Amending NCMC Chapter 1422 and Dischage Control 14.22.130 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 terrn "code conformance officer in Chapter 7.32 shall include the authorized 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 only. The : iiir:nr!zeo enrnrrement affiriai may avarc!se any of the fa-Ho!ng supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: R. 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 illegal discharge to the MS4. B. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illegal discharge to the MS4 when accompanied by a uniformed police officer in a clearly marked vehicle; C. Conduct tests, analyses and evaluations to determine whether a discharge is an illegal discharge or whether the requirements of this chapter are not met; D. 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; E. Review and obtain a copy of the BMP plan prepared by an owner and/or occupant or facility operator, if such a plan is required; F. 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; G. Review and obtain copies of all storm water monitoring data compiled by the owner and/or occupant or facility operator, if such monitoring is required; H. 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; i. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the MS4 and shali have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP; J. 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 BMP Manual and jurisdictional runoff management program (JRMP). 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. Ordinance No. 2016-2403 14 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 14.22.140 Enforcernent authority. 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 as set forth in Chapters 1.44 and 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 this 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 :liegad discharges and/or rernove illegu! 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 activities to comply with the BMP Manual, this chapter, or as directed by an authorized enforcement official where conditions warrant. 4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections (A)(2) and (A)(3) are not performed, the authorized enforcement oficiai may abate any public nuisance pursuant to this code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure. 5. Stop 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. 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 this code. B. Judiciai Authorities. 1. Civil Penalties and Remedies. The city attorney is 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 14.22.160 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 Ordinance No. 2015-2403 15 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control 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. 14.22.150 Other acts and omissions that are violations. In addition to failing to comply with any of the other requirements of this chapter, the following acts and omissions are violations of this chapter, whether rnmrned by a discharger or by another person or cn i fty. A. Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, Aiding, or abetting noncnmp iancc u_ith --any part of this chapter constitutes %•vi-tivi 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 Noncompliance. 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 riot initiated and diligently pursued is a separate violation of this chapter. D. City Permits and BMP Plans. Any failure to conform to an applicable BMP plan 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, whether or not the provision or condition was initially imposed to promote those outcomes. 14.22.160 Penalties. A. Administrative -'enalties. Administrative penalties may be imposed pursuant to this 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, Noncompliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. Ordinance No. 2015-2403 16 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control D. For Civil Actions. !n addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the city. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: 1. Injunctive relief; 2. Costs to investigate, inspect, monitor, survey, or litigate; 3. Costs to place or remove soils or erosion control materials, costs to correct any violation and costs to restore environmental damage or to end any other adverse erfects of a violation; 4. Compensatory damages for losses to the city or any other plaintiff caused by violations; andl r re. itu rt'on to thirri parties s for losses caused by violations; - .. o. st __ E � .. violations; v. Civil penalties; 6_ Reasonable attorney fees; and 7. 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 two thousand five hundred dollars per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted, or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require. E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. 14.22.170 Restrictions and conditions on issuance of ministerial and discretionary development permits. Ail development permits issued by city departments shall be subject to review and compliance with the &MP Manual. The city engineer may require conditions for BMP Manual 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 tor new construction, alterations to existing structures, land grading, or excavation ,may include, but shall not be limited to the following: 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. Instaiiation of clarifiers, filters or liquid traps; E. Installation of reservoirs, holding and settling tanks or filtration systems; F. Maintenance and monitoring programs and adequate funding for required systems and programs; G. Payment of program compliance monitoring fees; Ordinance No. 2015-2403 17 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control H_ Any other requirements as may reasonably and rationally relate to meeting BMP Manual 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 of San Ciogo 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 2. The proposed action is not a project subject to review under the California Environmental Quality Act (CEQA) because this ordinance is to implement other agency requirements and the City has no discretion regarding the permit requirement. Section 15060(c)(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. Even if the action is a project, it is exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCB administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) Moreover, the proposed action is also exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the State CEQA Guidelines. Section 15301 exempts from CEQA review the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination". Amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to alloy. for the continued sued operation of its existing i'v13 4. As such, the proposed action is cxernpt from CEQA pursuant to Section 15301 of the State CEO.A Guidelines. Sections 15307 and 15308 of the State CEQA Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Ordinance is being enacted to help protect the beneficial uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provisions in the Ordinance include procedures for the protection of the environment, including requirements for monitoring, reporting, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, also exempt from CEQA review under Sections 15307 and 15308 of the State CEQA Guidelines. [Signature Page to Follow] Ordinance No. 2015-2403 18 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control ATTEST: Jf PASSED and ADOPTED this 16th day of June, 2015. le Michael R. Dalla, C1ihy Clerk PROVED + S TO FORM: 161014AN Iaudia G. Si a City Attor on Morrison, Mayor Ordinance No. 2015-2403 19 Storm Water Management Amending NCMC Chapter 14.22 and Dischage Control Passed and adopted by the Council of the City of National City, California, on June 16, 2015 by the following vote, to -wit: s: Councilmembers Cano, Mendivll, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY. By: RON MORRISON Mayor of the City of National City, California 1 City C 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 June 2, 2015 and on June 16, 2015. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in fuii was dispenses with by a vote of not less than a majority of the members elected to The Cou: cii 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. 2015-2403 of the City Council of the City of Nationai City, passed and adopted by the Council of said City on June 16, 2015. By: City Clerk of the City of National City, California Deputy