Chapter 9.66
Urban Runoff Pollution Control
Sections:
9.66.020 Urban Runoff Water Quality and Discharge Management
9.66.030 Site Development and Maintenance Standards
9.66.040 Urban Runoff Mitigation Plan Requirements
9.66.050 Drainage Structure Stenciling
9.66.060 Pollution Prevention Agreements
9.66.070 Project Site Best Management Practices
9.66.010 Purpose
Recognizing the health and safety benefits of clean water, the purpose of this Chapter is to ensure that activities within Arcata add no new pollutants to waterways and reduce present pollutant levels and sediments which are carried to our area and regional waterways through stormwater runoff. The concerns of stormwater management - to mitigate pollutant and sediment loading - will include concepts of slowing water flows to allow percolation and other filtering Best Management Practices (BMPs) to work in harmony with the topography, and ensuring that designs for pollutant management are part of the planning and approval processes of new developments. Meeting these goals can include:
A. Reducing non-storm water discharge into the municipal storm water system and area creeks by slowing runoff and maximizing infiltration.
B. Eliminating the spillage, dumping, and disposal of significant materials and pollutants into the municipal storm water system.
C. Reducing pollutant loads in storm water and urban runoff through the use of appropriate Best Management Practices.
D. Reducing the runoff of oil and gas pollutants into area storm water systems and creeks by filtration and/or bio-remediation of commercial/retail/industrial parking lots.
9.66.020 Urban Runoff Water Quality and Discharge Management
A. Purpose. The provisions of this Section are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in compliance with the Federal Clean Water Act (33 USC ’ 1251 et seq.), by reducing pollutants in storm water discharges to the maximum extent practicable, and by prohibiting non-storm water discharges to the storm drain system.
B. Applicability. This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands within the City.
1. Responsibility for administration. The Environmental Services Director shall administer, implement, and enforce the provisions of this Section.
2. Regulatory consistency. This Section shall be construed to ensure consistency with the requirements of the Clean Water Act and Porter-Cologne Act, and statutes and regulations that amend or supplement those Acts.
3. Ultimate responsibility of discharger. The requirements of this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by that person. This Section shall not create liability on the part of the City, or any agent or employee of the City, for any damages that result from any discharger’s reliance on this Section or any administrative decision in compliance with this Section.
C. Discharge prohibitions.
1. General prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any other discharge to the storm drain system is prohibited, except for the following.
a. The following types of discharges will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this Section: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated non-industrial roof drains; springs; individual residential and occasional fundraising or non-commercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash waters; and flows from fire fighting.
b. This prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City for any discharge to the storm drain system.
c. With the written concurrence of the Regional Board, the City may grant a written exemption for other specific non-storm water discharges which are not a source of pollutants to the storm drain system nor the waters of the U.S.
Notwithstanding the requirements of Subsection E.1 (Authority to Inspect), the Environmental Services Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
2. Illicit connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
a. The Environmental Services Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Section to eliminate or secure approval for the connection by a specified date.
b. If, subsequent to eliminating a connection found to be in violation of this Section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
3. Waste disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
4. Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and requirements.
1. Prevention, control, and reduction of storm water pollutants.
a. Authorization to adopt and impose best management practices.
(1) The City has prepared and adopted requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP Manual.
(2) Where Best Management Practices requirements are promulgated by the City or any Federal, State, or regional agency for any activity, operation, or facility that would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking the activity or operation, or owning or operating the facility shall comply with these requirements.
(3) The Best Management Practices Manual shall be revised and updated on a regular basis as needed by new development, new regulations, or changing circumstances.
b. New development and redevelopment. The City may adopt requirements identifying appropriate Best Management Practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate these requirements in any land use entitlement and construction or building-related permit to be issued for the development or redevelopment.
c. Responsibility to implement best management practices. Notwithstanding the presence or absence of requirements promulgated in compliance with Subsections D.1.a and D.1.b, any person engaged in activities, operations, or animal keeping, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement Best Management Practices to the extent they are technologically achievable to prevent and reduce the pollutants.
(1) The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses.
(2) Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
(3) Best Management Practices required by the City can be obtained from the Environmental Services Department by requesting the BMP manual appropriate to a commercial or industrial activity from the BMP Manual.
2. Watercourse protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove vegetation in a manner as to increase the vulnerability of the watercourse to erosion.
3. Remediation. Whenever the City finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the Environmental Services Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time in compliance with Subsection F. (Enforcement).
4. Monitoring and analysis. The City may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the U.S., to undertake at that person’s expense any monitoring and analyses and furnish reports to the City as deemed necessary by the City to determine compliance with this Section.
5. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. from said facility, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of the release. In the event of a release of a hazardous material the person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, the person shall notify the Environmental Services Department in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Environmental Services Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. These records shall be retained for at least three years.
E. Inspection and monitoring.
1. Authority to inspect. Whenever necessary to make an inspection to enforce any provision of this Section, or whenever the Environmental Services Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Section, the Environmental Services Director may enter a premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry.
2. Authority to sample, establish sampling devices, and test. During any inspection in compliance with this Section, the City may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
F. Enforcement.
1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. A violation of or failure to comply with any of the requirements of this Section shall constitute a public nuisance and shall be punished as in compliance with the Municipal Code.
2. Acts potentially resulting in a violation of the Federal Clean Water Act and/or California Porter-Cologne Act. Any person who violates any provision of this Section or any provision of any requirement issued in compliance with this Chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Section shall also include written notice to the violator of this potential liability.
3. Notice of Violation. Whenever the Environmental Services Director finds that a person has violated a prohibition or failed to meet a requirement of this Section, the Environmental Services Director may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
e. Payment of a fine to cover administrative and remediation costs; and
f. The implementation or maintenance of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Environmental Services Director, with the cost of the work charged to the violator in compliance with Subsection F.5 (Abatement by City).
4. Appeal. Notwithstanding the provisions of Subsection F.7 (Urgency Abatement), any person receiving a Notice of Violation in compliance with Subsection F.3 (Notice of Violation), may appeal the determination of the Environmental Services Director to the City Manager. The notice of appeal must be received by the City Manager within five days from the date of the Notice of Violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of City’s receipt of the notice of appeal. The decision of the City Manager or designee shall be final.
5. Abatement by City. If the violation has not been corrected in compliance with the Notice of Violation, or, in the event of an appeal in compliance with Subsection E.4, within 10 days of the decision of the City Manager upholding the decision of the Environmental Services Director, then the City or a contractor designated by the Environmental Services Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
6. Charging cost of abatement/liens. Within 30 days after abatement of the nuisance by the City, the City shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the Council. The decision of the Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the Council or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
7. Urgency abatement. The Environmental Services Director is authorized to require immediate abatement of any violation of this Section that constitutes an immediate threat to the health, safety or well-being of the public. If the violation is not abated immediately as directed by the Environmental Services Director, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to the remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this Section shall not prevent City from seeking other and further relief authorized under this Section.
8. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the Environmental Services Director may impose upon a violator alternative compensatory actions, including storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
9. Violations deemed a public nuisance. In addition to the other enforcement processes and penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or the City may take civil action to abate, enjoin, or otherwise compel the cessation of the nuisance. (Ord. 1516, eff. 8/16/2019)
9.66.030 Site Development and Maintenance Standards
A. Applicability of provisions. The provisions of Sections 9.66.040 through 9.66.070 apply as determined by this Section, to any proposed land use or development involving grading activities, or the construction of new structures or paving. Compliance with the provisions of this Chapter shall be required through planning permit or subdivision conditions of approval. Any necessary pollution control measures shall be installed prior to construction, or the occupancy of a structure or site, as deemed appropriate by the City. In all cases, the applicant/permittee is responsible for ensuring compliance with the provisions of Sections 9.66.040 through 9.66.070.
1. An applicant proposing construction on a parcel of one acre or more, or proposing any industrial facility shall submit a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the requirements of the Federal Clean Water Act, U.S. Environmental Protection Agency (EPA), and the California Water Resources Board. The application shall also include a Hazardous Materials Handling and Spill Response Plan related to construction activities, and in the case of industrial facilities, shall also address operations after construction. The applicant shall submit a copy of the SWPPP to the City prior to the processing of any planning permit or subdivision application, or the granting of any construction permit.
2. All new or resurfaced retail, other commercial, or industrial parking lots shall provide a filtering system for hydrocarbons, garbage, and other contaminants as part of their application in compliance with the Administrative Policies of the City. A maintenance plan shall also be included.
3. Each project application shall include a Runoff Mitigation Plan that illustrates the Best Management Practices the project will utilize to reduce stormwater flow and to prevent pollutants from running off the site.
B. Responsibility for administration. This Chapter shall be administered by the Environmental Services Director, or designee in coordination with the Director.
C. Regulatory consistency. This Chapter shall be construed to assure consistency with the requirements of:
1. The Federal Water Pollution Control Act, 33 USCS ’ 1251 et seq., and the applicable implementing regulations;
2. The mandates and rulings of the US Environmental Protection Agency (EPA);
3. The Arcata General Plan;
4. Other existing or future NPDES Permits and any amendments, revisions or reissuance thereof by either Federal, State, County, or City regulatory agencies; and
5. Chapter 9.59 (Environmentally Sensitive Habitat Areas Protection and Preservation).
9.66.040 Urban Runoff Mitigation Plan Requirements
The following runoff reduction requirements shall apply to all persons submitting applications for development within the City, whether fulfilled by the Federal SWPPP format, by a Runoff Mitigation Plan (RMP), or as an additional measure.
A. Submittal of Runoff Mitigation Plan. At the time of submittal of an application for the first planning approval for a new development project, an applicant shall be required to submit to the City either a Runoff Mitigation Plan or a copy of a Notice of Intent (NOI) filed with the Regional Water Quality Control Board.
B. Goal for runoff reduction. An applicant shall demonstrate an effort to reduce projected site runoff by 50 percent from the base 100-year storm event, through the incorporation of design elements or principles that address each goal set forth in Subsections B.1, B.2, and B.3. The design elements utilized by an applicant may, but are not required to, include those listed below, with the exception of Subsection B.2.b which is required where applicable. Although design elements are set forth as if they address only one goal, in many cases they address more than one and can be used to address multiple goals in achieving the reduced runoff to be achieved by the mitigation plan.
1. Increase permeable areas. The following measures may be used to increase the permeable areas on the site.
a. To slow runoff and maximize infiltration, increase the percentage of project site area retained or maintained as permeable area. The area may include vegetation, pervious paving materials and porous materials for or near walkways, which increase the amount of runoff seepage into the ground. Permeable surface materials can include wood decking materials, brick or stone with spaces to allow percolation between stones, and similar methods;
b. Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off-site flows;
c. Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and french drains; or
d. Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground.
2. Minimize runoff. Minimize the amount of runoff directed to impermeable areas and/or maximize storm water storage for reuse:
a. Install rain gutters and orient them towards permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground, away from foundations, instead of flowing off-site;
b. Modify grades of property to divert flow to permeable areas and to minimize the amount of storm water leaving the property;
c. Use sediment traps and detention ponds, swales, and other methods to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal;
d. Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; or
e. Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
3. Reduce parking lot pollution:
a. All parking lots except for residential developments with less than 25 spaces are required to use oil and water separators or other BMPs to remove petroleum-based contaminants and other pollutants which are likely to accumulate;
b. Direct runoff toward permeable areas and away from pollutant laden areas such as parking lots; and
c. Construct portions of parking lots from porous materials.
C. Criteria for evaluation of mitigation plans. The City’s evaluation of each Urban Runoff Mitigation Plan will ascertain how well the proposed plan meets the combined goals set forth in Subsection B. above. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed.
D. Waiver of Runoff Mitigation plan. A full or partial waiver of compliance with this Section may be obtained by a person who applies to the City in writing and shows that the incorporation of design elements that address the objectives in Subsection (B) of this Section. is an economic and physical impossibility due to the particular configuration of the site or to irreconcilable conflicts with other City requirements. Requests for waivers shall be granted or denied, in writing, by a three-member board comprised of one representative each designated by the Environmental Services Director and City Manager. Their decision shall be forwarded to the Council for final approval.
E. Compliance as condition of approval. Compliance with an approved Runoff Mitigation Plan shall be a condition of approval of any required planning approval.
F. Erosion control. Erosion shall be controlled in compliance with Chapter 9.64 (Grading, Erosion, and Sediment Control).
G. Hazardous and toxic materials control. The use of toxic and hazardous materials shall be controlled as follows:
1. New Industrial facilities shall file a copy of their Hazardous Materials Handling and Spill Response Plan with the Environmental Services Director and City Engineer;
2. New Commercial, industrial, retail and multi-family developments shall provide a plan for reduced use of pesticides and herbicides as part of their Water Conservation Landscaping plans. (Ord. 1516, eff. 8/16/2019)
9.66.050 Drainage Structure Stenciling
Where a catch basin or other drainage structure is required for a proposed project, written and/or graphic information discouraging the dumping, discarding, and/or discharge of pollutants into the storm drainage system shall be permanently affixed to the structure in a location approved by the Environmental Services Director. The information shall be painted, stamped into the concrete, or provided on a metal plaque affixed to the structure as approved by the Environmental Services Director or his or her designee.
9.66.060 Pollution Prevention Agreements
Prior to final building inspection, or the filing of a Final Map, as applicable, the applicant shall enter into a Pollution Prevention Agreement with the City or other agency designated by the City. The agreement shall include, but is not limited to, the following provisions:
A. Authorization for the City or other agency designated by the City to inspect on-site pollution prevention facilities with respect to the accumulation and concentration of pollutants, garbage and/or debris, so as to prevent the discharge of pollutants, garbage and/or debris into streets and/or the storm drainage system;
B. Fair share participation, as determined by the review authority, in the periodic cleaning of storm drain facilities, increases in street sweeping, and increases in the emptying of roadside trash receptacles resulting from the project;
C. Fair share participation, as determined by the review authority, in the funding of the City’s public information and education programs for the disposal of waste, recycling, and water conservation; and
D. Requirements that any applicable conditions, covenants, and restrictions (CC&Rs) include statements encouraging homeowners, and persons in control of homes and businesses to:
1. Prevent the improper disposal of litter, lawn/garden clippings and pet feces into streets or other areas where runoff may carry pollutants into the storm drainage system;
2. Remove dirt, trash and debris from sidewalks and alleys that may contribute pollutants to urban runoff;
3. Recycle oil, glass, plastic, and other materials to prevent improper disposal into the storm drainage system;
4. Properly dispose of household hazardous waste to prevent improper disposal into storm drainage system; and
5. Properly use and conserve water.
9.66.070 Project Site Best Management Practices
The owner, occupant or other person in charge of day-to-day operation of each premises within the City shall implement the best Management Practices or use Good Housekeeping Practices, as applicable, as follows.
A. For all parking lots except for residential developments with less than 25 spaces, the owner, occupant or other person in charge of day-to-day operation shall use BMPs to reduce the discharge of pollutants to the maximum extent practicable.
B. For premises where machinery or other equipment which is repaired or maintained at facilities or activities associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Manual, the owner, occupant or other person in charge of day-to-day operations shall use BMPs or other steps to prevent discharge of maintenance or repair related pollutants to the municipal storm water system.
C. For other premises exposed to stormwater, the owner, occupant or other person in charge of day-to-day operations shall use BMPs, if they exist, or other methods to reduce the discharge of pollutants to the maximum extent practicable, including the removal and lawful disposal of any solid waste or any other substance which, if it were to be discharged to the municipal storm water system, would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal wastes, from any part of the premises exposed to stormwater.
D. For premises which fall under the requirements for the Industrial SWPPP per Federal Law, the site "annual reports" and "monitoring reports" shall also be copied to the Environmental Services Director.