Chapter 18.64
URBAN RUNOFF POLLUTION CONTROL
Sections:
18.64.020 Urban Runoff Water Quality and Discharge Management
18.64.030 Site Development and Maintenance Standards
18.64.040 Urban Runoff Mitigation Plan Requirements
18.64.050 Drainage Structure Stenciling
18.64.060 Pollution Prevention Agreements
18.64.070 Project Site Best Management Practices
18.64.010 - Purpose
Recognizing the health and safety benefits of clean water, the purpose of this chapter is to ensure that activities within Fort Bragg minimize the addition of new pollutants to waterways, and reduce present pollutant levels and sediments carried to the area and regional waterways through stormwater runoff, to the maximum extent feasible. The concerns of stormwater management to mitigate pollutant and sediment loading will include concepts of Low Impact Development (LID).
A. Reducing non-stormwater discharge into the municipal stormwater system and area creeks by slowing and spreading runoff and maximizing infiltration.
B. Eliminating the spillage, dumping, and disposal of significant materials and pollutants into the municipal stormwater system.
C. Reducing pollutant loads in stormwater and urban runoff through the use of appropriate Best Management Practices.
D. Reducing the runoff of oil and gas pollutants into area stormwater systems and creeks by filtration and/or bio-remediation of commercial/retail/industrial parking lots.
18.64.020 - 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 (Chapter 26, Subchapter I, Section 1251 Code of Federal Regulations, Title 40, Chapter Parts 122 and 123), by reducing stormwater runoff and reducing the pollutants in stormwater discharges to the maximum extent practicable.
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 Director of Public Works shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the Director of Public Works may be delegated in writing by the Director of Public Works to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory consistency. This Section shall be construed to ensure consistency with the requirements of the Federal Clean Water Act, State Porter-Cologne Act, State NPDES permits, and statutes and regulations that amend or supplement those Acts or permits.
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 non-stormwater materials, including pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater to the maximum extent practicable. 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, to the maximum extent practicable, 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; uncontaminated groundwater infiltration to the storm drain system as defined at 40 CFR Chapter 35.2005(20); uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated non-industrial roof drains; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; irrigation water; street wash waters; and flows from fire fighting.
b. This prohibition shall not apply to any non-stormwater 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.
Notwithstanding the requirements of Subsection E.1. (Authority to Inspect), the Director of Public Works 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 Director of Public Works 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 Stormwater Discharge Permit. Any person subject to an industrial or construction activity NPDES stormwater 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 Director of Public Works 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 stormwater pollutants.
a. Authorization to adopt and impose Low Impact Development design strategies and best management practices. The City may adopt requirements identifying Best Management Practices (BMPs) and Low Impact Development design strategies for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. Where BMP 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.
b. New development and redevelopment. The City may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants through the use of Low Impact Development strategies including but not limited to vegetative swales, green roofs, curb cuts, permeable decking and pavements, and rain gardens. 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 to integrate development with natural features with small-scale hydrologic controls to preserve native hydrological functions.
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 or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement Low Impact Development design strategies and BMPs 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 and Low Impact Development design strategies required by the City can be obtained from the Public Works Department by requesting the BMP manual, Low Impact Development Resources, and Stormwater Resources appropriate to a commercial or industrial activity. BMPs are broken into three categories: “high priority” which are required to be implemented, “medium priority” which are desirable to implement, and “low priority.”
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 said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse originating or contributed from their property and in such cases bioengineering methods that maximize native materials are encouraged. The owner or lessee shall obtain all necessary permits from outside agencies.
3. Remediation. Whenever the Director of Public Works finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Director of Public Works 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 Director of Public Works 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 stormwater pollution, illegal discharges, and/or non-stormwater 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 Director of Public Works 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 stormwater, 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 Public Works 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 Public Works 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 Director of Public Works 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 Director of Public Works may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater 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 such entry.
2. Authority to sample, establish sampling devices, and test. During any inspection in compliance with this Section, the Director of Public Works 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 a misdemeanor and shall be subject to enforcement in compliance with Chapter 18.98 (Enforcement and Penalties) of this Development Code in addition to the enforcement mechanisms below.
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 Director of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this Section, the Director of Public Works 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 stormwater 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 are 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 may be done by the City or a contractor designated by the Director of Public Works, with the cost of the work charged to the violator in compliance with Section 1.06.100, 1.06.120, 1.06.130 and 1.12.010 of the Municipal Code.
4. Urgency abatement. The Director of Public Works 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 Director of Public Works, 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.
5. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the Director of Public Works may impose upon a violator alternative compensatory actions, including storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
18.64.030 - Site Development and Maintenance Standards
A. Applicability of provisions. The provisions of Sections 18.64.040 through 18.64.070 apply as determined by this Section, to any proposed land use or development involving grading activities, or the construction of a new structure that requires a permit in compliance with this Development Code. 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 18.64.040 through 18.64.070.
1. An applicant proposing a project with land disturbance of one acre or more, or any industrial facility shall be required to 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’s NPDES Construction General Permit. 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 permits.
2. All new or rebuilt retail/commercial/industrial parking lots shall provide a subsurface filtering system for oil and grease contaminates as part of their application or system of curb cuts that encourage parking lot runoff to reach and infiltrate into native soils in small doses that do not generate soil erosion.
3. All projects shall submit a Runoff Mitigation Plan which illustrates the Low Impact Development design strategies and Best Management Practices (BMPs) that will be utilized to reduce stormwater flow and to prevent pollutants from running off the built project as part of the application and initial planning process.
4. An applicant for a project that will disturb one acre or more shall submit to the Director of Public Works proof of an application for a NPDES General Construction permit and their Waste Discharge Identification Number issued by the State.
B. Responsibility for administration. This Chapter shall be administered by the Director of Public Works or his or her 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 USC Section 1251 et seq., and the applicable implementing regulations;
2. The mandates and rulings of the US Environmental Protection Agency (EPA);
3. The NPDES permit of the City of Fort Bragg and its co-permitees;
4. The Fort Bragg Inland General Plan; and
5. Other existing or future NPDES Permits and any amendments, revisions or re-issuance thereof by either Federal, State, County, or City regulatory agencies.
18.64.040 - 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 proposed development, the applicant shall submit to the Director of Public Works either a Runoff Mitigation Plan or a copy of Notice of Intent (NOI) filed with the Regional Water Quality Control Board.
B. Goal for runoff reduction. In developing a Runoff Mitigation Plan, an applicant shall demonstrate an effort to reduce projected runoff for the project by 20 percent from the base 1985 10-year storm, through incorporation of Low Impact Development design elements or principles which address each of the goals set forth below in Subsections B.1., B.2., and B.3. The design elements utilized by an applicant may, but are not required to, include those provided on the list 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 shall 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, water gardens; and
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 stormwater storage for reuse with Low Impact Development design strategies:
a. Install rain gutters and orient them towards permeable or soil surfaces rather than driveways or impermeable surfaces so that runoff will penetrate into the ground instead of flowing off-site;
b. Modify grades of property to divert flow to permeable areas and to minimize the amount of stormwater leaving the property;
c. Use sediment traps 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 convey and store runoff for reuse. 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; and
e. Design curb cuts, berms or the like so as to avoid isolation of permeable or landscaped areas so that these landscaped areas receive and infiltrate runoff.
3. Reduce parking lot pollution.
a. A parking lot of more than 5,000 square feet in area shall provide oil and water separators or clarifiers to remove petroleum-based contaminants and other pollutants which are likely to accumulate or design the parking lot as a permeable surface or to drain to areas where runoff can infiltrate into on-site permeable soil without erosion;
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.
All parking lot facilities to reduce parking lot pollution shall be regularly cleaned and continually maintained in effective working condition.
C. Criteria for evaluation of mitigation plans. The City’s evaluation of each 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. Full or partial waivers of compliance with this Section may be obtained by persons who apply on forms supplied by the City and show that incorporation of Low Impact Development design elements that address the objectives set forth in Subsection B. above 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 the Director of Public Works, in conjunction with the Director.
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 18.62.
G. Hazardous and toxic materials control. The use of toxic and hazardous materials shall be controlled, with the project applicant filing with the Director of Public Works the following plans for control:
1. A Hazardous Materials Handling and Spill Response Plan, for industrial facilities;
2. A plan for handling grease, in compliance with Municipal Code Section 14.16.100 (Fats, Oils, and Grease (FOG) Control), for restaurants; and
3. A plan for reduced use of pesticides and herbicides as part of the Water Conservation Landscaping Plans for commercial, industrial, retail and multi-family developments.
18.64.050 - 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 Director of Public Works. The information shall be painted, stamped into the concrete, or provided on a metal plaque affixed to the structure as approved by the Director of Public Works or his or her designee.
18.64.060 - Pollution Prevention Agreements
Prior to final building inspection, the issuance of a Certificate of Occupancy, 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 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 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 improve the quality of stormwater runoff through the following techniques:
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.
E. Provisions for the long-term maintenance or repair of post-construction BMPs, including structural BMPs and Low Impact Development design strategies.
18.64.070 - 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 Low Impact Development design strategies and Best Management Practices, as applicable, as follows.
A. For premises with parking lots with more than 25 parking spaces exposed to stormwater and which parking lots are associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Code, the owner, occupant or other person in charge of day-to-day operation shall use Low Impact Development design strategies and BMPs to reduce the discharge of pollutants to the maximum extent practicable. Such measures may include rear sweeping or other measures, if effective.
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 such as designating special permeable areas to store, wash, and maintain vehicles so that runoff that may contain pollutants is infiltrated into permeable areas to prevent discharge of maintenance or repair related pollutants to the City’s storm drainage system and onto sensitive native waterways.
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 Low Impact Development design and stormwater improvement methods to minimize use of then maximize infiltration of so as 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 storm drainage 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 Director of Public Works.