Chapter 10.28 STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL

The purpose and intent of this chapter is to protect and promote the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 USC section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.) and State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ (Order) and subsequent orders by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.

All regulated projects, except those exempted in the Order and subsequent orders, shall be subject to the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region. In addition, please refer to the "Stormwater Technical Guide for Low Impact Development" as set forth by Monterey Regional Stormwater Management Program for guidance in complying with the Post-Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region.

The objectives of this chapter are:

A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user;

B. To prohibit illicit discharges and illegal connections to the MS4;

C. To eliminate, to the maximum extent practicable, the discharge of pollutants that would degrade the water quality of local creeks and streams;

D. To reduce storm water runoff rates and volumes and non-point source pollution whenever possible through storm water management controls, and ensuring that these management controls are properly maintained and pose no threat to public safety; and

E. To establish legal authority to implement and enforce storm water management requirements, and carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.020 DEFINITIONS:

The following terms when used in this chapter shall have the following meanings:

BEST MANAGEMENT PRACTICES:	Activities, prohibitions, practices, or maintenance procedures that prevent or reduce the discharge of pollutants or discharges directly or indirectly to the municipal storm drain system and waters of the state and/or United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; soil stabilization, dewatering, source controls, pollution prevention measures and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.
CITY:	The city of Gonzales.
CLEAN WATER ACT:	The federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC section 1251 et seq., and any subsequent amendments thereto.
COMMERICAL ACTIVITY:	Any public or private enterprise involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.
CONSTRUCTION ACTIVITY:	Any site where activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONTAMINATION:	Contamination is as defined in California Water Code section 13050(k), as amended, as follows: Contamination means an impairment of the quality of the 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.
DIRECTOR:	The city of Gonzales public works director.
DISCHARGE:	Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.
DISCHARGER:	The person, corporation, partnership or other entity directly causing or allowing the discharge.
HAZARDOUS MATERIALS:	Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HAZARDOUS SUBSTANCES:	Without limitation, any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment. Hazardous substances include, but are not limited to, those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in any local, state or federal law or regulation (California Health and Safety Code section 25117).
ILLEGAL CONNECTIONS:	An illegal connection is defined as either of the following:
ILLEGAL CONNECTIONS:	(1) Any pipe, drain, open channel or other conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-storm water discharge, including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or
	(2) Any pipe, drain, open channel or other conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the city.
ILLICIT DISCHARGE:	Any direct or indirect non-storm water discharge to the storm drain system including discharges from organized car washes, mobile cleaning and pressure wash operations, except as exempted in section 10.28.080.
INDUSTRIAL ACTIVITY:	Activities subject to NPDES industrial permits as defined in 40 CFR section 122.26(b)(14).
LOW IMPACT DEVELOPMENT:	Development features designed to reduce runoff and impacts to the post developed site. These features include items such as grass drainage swales, depressed retention/filtration ponds, etc.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMITS:	General, group, and individual storm water discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including, but not limited to, the general construction activity and general industrial activity permits.
NON-STORM WATER DISCHARGE:	Any discharge to the storm drain facilities that is not composed entirely of storm water.
NUISANCE:	Nuisance means the meaning ascribed to nuisance by California Water Code section 13050(m), as amended, as follows: Nuisance means anything which meets all of the following requirements: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (3) Occurs during, or as a result of, the treatment or disposal of wastes.
POLLUTANT:	Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; construction wastes such as dirt and sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.; beverage (alcoholic and non-alcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, and waste alcohol; and noxious or offensive matter of any kind. A pollutant shall also include any increment or increase in the total volume or rate of storm water runoff resulting from any activity or development occurring after the effective date of this chapter in which a storm water limit had been set as a condition of approval.
POLLUTION:	The human-made or human-induced alteration of the quality of waters by pollutant(s) to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code section 13050).
PORTER-COLOGNE ACT:	The Porter-Cologne Water Quality Control Act and as amended (California Water Code section 13000 et seq.).
PREMISES:	Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
REMEDIATION:	The abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.
STORM DRAIN SYSTEM:	Publicly owned facilities operated by the city by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city.
STORM WATER ("STORMWATER"):	Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snow melt, surface runoff and drainage.
STORM WATER CONTROL PLAN:	A plan that meets those criteria contained in the most recent version of the "Stormwater Technical Guide for Low Impact Development" as set forth by Monterey Regional Stormwater Management Program.
WASTEWATER:	Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERS OF THE UNITED STATES:	Surface watercourses and water bodies as defined at 40 CFR section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.030 APPLICABILITY:

This chapter shall apply to all storm water runoff generated on any developed or undeveloped lands lying within the city limits. This chapter shall also apply to any specific or regional treatment BMP serving the city storm water runoff outside of the city limits over which the city has an interest or jurisdiction and to any "in-lieu" fund that may be authorized by the city. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.040 RESPONSIBILITY FOR ADMINISTRATION:

The public works director (or their designee) of the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the public works director may be delegated in writing by the public works director to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.050 SEVERABILITY:

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.060 REGULATORY CONSISTENCY:

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.070 ULTIMATE RESPONSIBILITY OF DISCHARGER:

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter 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 state and/or U.S. caused by said person. This chapter shall not create liability on the part of the city or any agent or employee thereof for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.080 PROHIBITION OF ILLICIT DISCHARGES:

No person shall discharge or cause to be discharged into the storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

A. Illicit discharges from industrial and/or commercial sources into the storm drain system or waters of the state include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit, or as allowed by the proper application of BMPs as specified in the BMP guides adopted by the city:

1. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

2. Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial activities;

3. Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners (individual residential car washing is exempt per subsection B of this section);

4. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

5. Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

6. Vehicle fluids;

7. Mat wash and hood cleaning water from food service facilities;

8. Food and kitchen cleaning water from food service facilities;

9. Leakage from dumpsters or trash containers;

10. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;

11. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;

12. Wastewater or cleaning fluids from carpet cleaning;

13. Pool, spa, and backwash water containing chlorine, salt, diatomaceous earth, or any other pollutant is not permitted;

14. Wash out from concrete trucks;

15. Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed per subsection C of this section;

16. Super-chlorinated water normally associated with the disinfection of potable water systems;

17. Construction wastes such as dirt, sediment, slurries/rinsates/debris (concrete, stucco, mortar), metal, oil, grease, gasoline, diesel, paint, sewage, fertilizer and trash/debris, etc.;

18. Sewage or other forms of pollutants from recreational activities, and from recreational vehicles;

19. Wine, beer, and/or distillery manufacturing wastes such as beverage (alcoholic and nonalcoholic) manufacturing wastes such as pomace, lees, diatomaceous earth, stems, spent grain, spent hops, trub, yeast, caustic and acid cleaners, and waste wine, waste beer, waste alcohol, or other associated industry waste;

20. Cooking oil/grease from food service facilities;

21. Sediment runoff from commercial/industrial properties;

22. Trash and debris accumulation from commercial and industrial facilities.

B. The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described as follows:

1. Discharges other than storm water to waters shall be effectively prohibited, except for the following non-storm water discharges which are not prohibited, provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. This provision does not obviate the need to obtain any other appropriate permits for such discharges:

a. Water line flushing;

b. Individual residential car washing;

c. Diverted stream flows;

d. Rising ground water;

e. Uncontaminated ground water infiltration (as defined at 40 CFR section 35.2005(20)) to separate storm sewers;

f. Uncontaminated pumped ground water;

g. Discharges from potable water sources;

h. Foundation drains;

i. Air conditioning condensation;

j. Springs;

k. Water from crawlspace pumps;

l. Footing drains;

m. Flows from riparian habitats and wetlands;

n. Dechlorinated swimming pool discharges; and

o. Incidental runoff of landscape areas (as defined in accordance with section B.4 of the Order).

Discharges or flows from firefighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to the waters of the U.S. If the city determines that any individual or class of non-storm water discharge(s) listed above may be a significant source of pollutants to waters of the U.S., or poses a threat to water quality standards (beneficial uses), the city may require the discharger to monitor and submit a report and to implement BMPs on the discharge.

C. The 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.

D. With written concurrence of the Regional Water Quality Control Board, the city may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system nor waters of the U.S. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.090 PROHIBITION OF ILLEGAL CONNECTIONS:

A. The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection or discharges had been established or approved prior to the effective date of the ordinance codified in this chapter. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.100 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 such permit. Proof of compliance with said permit may be required in a form acceptable to the public works director 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. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.110 REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS:

A. Generally. Any person engaging in activities that may result in pollutants entering the city’s storm drain system or waters of the state and/or U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. Examples of such activities include, but are not limited to, use of premises that may be a source of pollutants, such as parking lots, gasoline stations, industrial facilities and business enterprises, dwelling units and open spaces/parks.

B. Litter. No person shall throw, deposit, leave, keep or maintain, or permit to be thrown, deposited, maintained or left, 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, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

C. Authorization to Adopt and Impose Best Management Practices. The city may adopt a guide that requires the identification and implementation of BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the state. Where BMPs requirements are promulgated by the city or any federal, state of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The director will periodically report to the city council on the status of implementation of the storm water program including the adoption of guidance that provides the most current applicable BMPs, low-impact design tools, and/or post-construction requirements to be implemented by the city staff, owners or developers of construction sites and/or other target audiences.

D. New Development and Redevelopment. The city shall require any owner or person developing real property to identify appropriate BMPs 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 during the course of construction. The city shall review designs and proposals for new development and redevelopment to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction). The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required by the city. In addition, the city shall require any owner or person developing real property to integrate post construction requirements that will control the volume, rate and potential pollutant load of runoff as specified within section 10.28.120. These post construction requirements shall comply with the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, "Post-Construction Stormwater Management Requirements for Developmental Projects in the Central Coast Region."

E. BMP Requirements. The city requires BMPs to be installed, implemented and maintained through the duration of a project (construction, new or redevelopment) or at a facility (industrial or commercial) to minimize the discharge of pollutants to the storm drain system. These requirements may include a combination of structural and nonstructural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs.

F. Construction Sites. The city shall require any owner or developer to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from a construction site to minimize the generation, transport and discharge of pollutants during the course of construction.

The city developed and adopted a construction industry’s guide to BMPs that provides a list of typical BMPs that are used in the construction industry that owners or developers will be required to include within a project’s erosion and sediment control plan (E&SCP) and/or storm water pollution prevention plan (SWPPP). BMPs include, but are not limited to, erosion control, sediment control, tracking control, runon and runoff control as well as for good housekeeping, non-storm water management (including dewatering), stabilized disturbed areas (soil stabilization), post-construction BMPs, etc. The BMP guide also outlines the city’s storm water requirements which are based on project size (total square feet of soil disturbance) and/or creation or replacement of impervious surfaces for the following types of projects:

PROJECT SIZE	STORM WATER REQUIREMENTS
Any land disturbing activities that may generate pollutants but do not require a grading/building permit Refer to city code for grading/building permit exemptions	• No site plan is required • Discharge of pollutants is prohibited • Implement construction BMPs as appropriate to prevent pollutant discharges and violation of city code under city code
All projects requiring a grading/building permit Refer to city code for grading/building permit requirements	• Site plan is required • Discharge of pollutants is prohibited under city code • Implement construction BMPs per city code • Prepare and get approval for erosion and sediment control plan (E&SCP) by city
All large projects ≥ 1 acre soil disturbance OR < 1 acre but part of a common plan or development (≥ 1 total acres of disturbance)	• Large projects must be permitted before starting any soil disturbances • Implement construction BMPs specified within an approved SWPPP
Refer to construction general permit requirements	SWPPPs developed pursuant to the construction general permit may substitute for the E&SCP for those projects where a SWPPP is required, if it contains the requirements of the E&SCP
Note: Projects that create or replace ≤ 2,500 SF or more of impervious surface collectively over the entire project site are regulated projects and must comply with the Central Coast Regional Water Quality Control Board’s Post Construction Requirements (R3-2013-0032). Regulated projects must submit a storm water control plan. Applicants should follow Monterey Regional Stormwater Management Program’s Stormwater Technical Guide for Low Impact Development (LID) to assist with the storm water control plan. (Refer to subsection E of this section.)

The city shall review designs and proposals for the construction site to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction). The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such construction. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required by the city.

G. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A, B and C of this section, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the state shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. 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 waters of the state. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner’s or operator’s expense.

H. Storm Water Pollution Prevention. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, will be required to implement, at said person’s expense, additional structural and nonstructural BMPs that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

I. Contractor BMP Requirements. Any contractor performing work in the city shall implement appropriate best management practices that are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent to prevent the discharge of pollutants from entering the storm drain system. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.120 POST-CONSTRUCTION REQUIREMENTS:

The primary objective of these post-construction storm water management requirements (hereinafter, post-construction requirements) is to ensure the reduction of pollutant discharges to the maximum extent practicable and preventing storm water discharges from causing or contributing to a violation of receiving water quality standards in all applicable development projects that require approvals and/or permits issued by the city. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.130 REGULATED PROJECTS:

Regulated projects include all new development or redevelopment projects that create and/or replace greater than two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site).

A. Regulated projects include, but are not limited to, the following road projects/practices:

1. Removing and replacing a paved surface resulting in alteration of the original line and grade, hydraulic capacity or overall footprint of the road.

2. Extending the pavement edge, or paving graveled shoulders.

3. Resurfacing by upgrading from dirt to asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete.

B. Regulated projects do not include:

1. Road and Parking Lot Maintenance.

a. Road surface repair including slurry sealing, fog sealing, and pothole and square cut patching.

b. Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, provided the sub-base material is not disturbed.

c. Shoulder grading.

d. Cleaning, repairing, maintaining, reshaping, or regrading drainage systems.

e. Crack sealing.

f. Resurfacing with in-kind material without expanding the road or parking lot.

g. Practices to maintain original line and grade, hydraulic capacity, and overall footprint of the road or parking lot.

h. Repair or reconstruction of the road because of slope failures, natural disasters, acts of God or other manmade disaster.

C. Sidewalk and bicycle path or lane projects, where no other impervious surfaces are created or replaced, built to direct storm water runoff to adjacent vegetated areas.

D. Trails and pathways, where no other impervious surfaces are replaced or created, and built to direct storm water runoff to adjacent vegetated areas.

E. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics.

F. Curb and gutter improvement or replacement projects that are not part of any additional creation or replacement of impervious surface area (e.g., sidewalks, roadway).

G. Second-story additions that do not increase the building footprint.

H. Raised (not built directly on the ground) decks, stairs, or walkways designed with spaces to allow for water drainage.

I. Photovoltaic systems installed on/over existing roof or other impervious surfaces, and panels located over pervious surfaces with well-maintained grass or vegetated groundcover, or panel arrays with a buffer strip at the most down-gradient row of panels.

J. Temporary structures (in place for less than six (6) months).

K. Electrical and utility vaults, sewer and water lift stations, backflows and other utility devices.

L. Above-ground fuel storage tanks and fuel farms with spill containment system. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.140 MINIMUM PERFORMANCE REQUIREMENTS:

A. Performance Requirement No. 1: Site Design and Runoff Reduction.

1. All regulated projects that create and/or replace greater than two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site), including detached single-family home projects, are required to implement at least the following design strategies throughout the project site:

a. Limit disturbance of creeks and natural drainage features.

b. Minimize compaction of highly permeable soils.

c. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection.

d. Minimize impervious surfaces by concentrating improvements on the least sensitive portions of the site, while leaving the remaining land in a natural undisturbed state.

e. Minimize storm water runoff by implementing one or more of the following site design measures:

(1) Direct roof runoff into cisterns or rain barrels for reuse.

(2) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California Building Code.

(3) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas safely away from building foundations and footings, consistent with California Building Code.

(4) Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California Building Code.

(5) Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces.

2. The city will confirm that projects comply with site design and runoff reduction performance requirements by means of appropriate documentation (e.g., checklists) accompanying applications for project approval.

B. Performance Requirement No. 2: Water Quality Treatment.

1. All regulated projects, except detached single-family homes, greater than five thousand (5,000) square feet of net impervious area, and detached single-family homes greater than fifteen thousand (15,000) square feet of net impervious area, are required to treat storm water runoff as required by the water quality treatment performance requirements in subsection B.3.b of the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, to reduce pollutant loads and concentrations using physical, biological, and chemical removal.

a. Net impervious area is the total (including new and replaced) post-project impervious areas, minus any reduction in total imperviousness from the pre-project to post-project condition:

Net Impervious Area

(New and Replaced Impervious Area)

– (Reduced Impervious Area Credit)

where reduced impervious area credit is the total pre-project to post-project reduction in impervious area, if any.

2. Each project subject to water quality treatment performance requirements will treat runoff generated by the project site using the on-site measures, listed in the order of preference (highest to lowest). Water quality treatment performance requirements shall apply to the runoff from existing, new, and replaced impervious surfaces on sites where runoff from existing impervious surfaces cannot be separated from runoff from new and replaced impervious surfaces. Water quality treatment shall also address TMDLs as part of the design, as applicable.

C. Performance Requirement No. 3: Runoff Retention.

1. All regulated projects, except detached single-family homes, that create and/or replace greater than fifteen thousand (15,000) square feet of impervious surface (collectively over the entire project site), and detached single-family homes greater than fifteen thousand (15,000) square feet of net impervious area, are required to meet the runoff retention performance requirements subsections B.4.b and B.4.c of the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, using LID development standards in subsection B.4.d for optimal management of watershed processes.

2. All regulated projects, subject to the runoff retention performance requirements, are required to meet the following performance requirements:

a. Retain ninety fifth percentile rainfall event: prevent off-site discharge from events up to the ninety fifth percentile twenty four (24) hour rainfall event (1.04 inches).

b. Compliance must be achieved by optimizing infiltration. Compliance for retention of the remaining volume must be achieved via storage, rainfall harvesting and/or evapotranspiration.

3. LID Development Standards. All regulated projects, subject to runoff retention performance requirements, are required to meet runoff retention performance requirements using LID development standards in subsection B.4.d that include site assessment and design measures.

D. Performance Requirement No. 4: Peak Management. The city will require all regulated projects that create and/or replace greater than twenty two thousand five hundred (22,500) square feet of impervious surface (collectively over the entire project site) to manage peak storm water runoff as required in subsection B.5.a.i of the of the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, to meet water quality treatment and runoff retention performance requirements.

E. Performance Requirement No. 5: Special Circumstances. The city may designate regulated projects as subject to special circumstances based on certain site and/or receiving water conditions. The special circumstances designation exempts a project from runoff retention and/or peak management performance requirements where those performance requirements would be ineffective to maintain or restore beneficial uses of receiving waters. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.150 ALTERNATIVE COMPLIANCE:

Alternative compliance refers to water quality treatment, runoff retention and peak management performance requirements that are achieved off site through mechanisms such as developer fee-in-lieu arrangements and/or use of regional facilities. Alternative compliance may be allowed under circumstances of technical infeasibility identified in subsection C of the California Regional Water Quality Control Board, Central Coast Region Resolution No. R3-2013-0032, Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.160 REQUIREMENT TO ELIMINATE ILLICIT DISCHARGES:

Notwithstanding the requirements of this chapter, the public works director may require by written notice that a person responsible for an illicit 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 illicit discharges. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.170 REQUIREMENT TO ELIMINATE OR SECURE APPROVAL FOR ILLEGAL CONNECTIONS:

A. The public works director may require by written notice that a person responsible for an illegal connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.180 WATERCOURSE PROTECTION:

Every person owning property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris 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. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.190 REQUIREMENT TO REMEDIATE:

Whenever the public works director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, storm drain system, or water of the state and/or U.S., the public works 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 time specified in said notice. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.200 REQUIREMENT TO MONITOR AND ANALYZE:

The public works director may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the storm drain system or waters of the state and/or U.S., to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.210 MAINTENANCE – DRAINAGE FACILITIES ACCEPTED BY THE CITY FOR MAINTENANCE:

The city is authorized to assume the maintenance of drainage facilities if:

A. The facilities, as designed and constructed, conform to the provisions of this chapter;

B. The facilities have been inspected and approved by the public works department after two (2) years of operation; and

C. All necessary easements or dedications entitling the city to properly access, operate, and maintain the facilities have been recorded with the Monterey County recorder-county clerk’s office, and a copy has been conveyed to the city. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.220 MAINTENANCE – DRAINAGE FACILITIES NOT ACCEPTED BY THE CITY FOR MAINTENANCE:

A. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the operations and maintenance standards found in the Monterey Regional Stormwater Management Program’s Stormwater Technical Guide for Low Impact Development and shall remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the city for maintenance in accordance with section 10.28.210. For facilities approved but not accepted by the city, a copy of the operation and maintenance guide prepared in accordance with the approved permit for the facility shall be retained on site or within reasonable access to the site, and shall be transferred with the property to the new owner.

B. By September 15 of every year, property owners of parcels or premises containing storm water management facilities shall submit to the public works department. The compliance certificate shall be submitted on the form provided by the public works department. The compliance certificate shall certify that the storm water site design measures, treatment measures and source control measures (as applicable) have been properly operated and maintained during the preceding calendar year, and have been recently inspected and repaired as necessary to ensure continued operation as intended.

C. The city is authorized to inspect drainage facilities and issue orders requiring maintenance and/or repair in accordance with section 10.28.240. Failure to affect such maintenance and/or repairs constitutes a violation of this chapter, and shall be enforced against the person or persons holding title to the subject property served by the drainage facility. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.230 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 which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm drain system, or water of the state and/or U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city’s public works department in person, by phone or facsimile no later than five o’clock (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 city’s public works department within three (3) business days of the phone/email notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. The city will respond to a complaint, or notice of spill, illicit discharge or illegal connection within seventy two (72) hours of a non-storm water discharge; and within twenty four (24) hours if related to sewage and/or significantly contaminated discharges; and conduct investigation to locate and identify the source of the non-storm water discharge in accordance to the city’s spill response plan. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.240 AUTHORITY TO INSPECT/ACCESS TO FACILITIES:

Whenever necessary to make an inspection to enforce any provision of this chapter or whenever the public works director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the director (or their designee), upon obtaining the owner’s or occupant’s consent, may enter such premises at all reasonable times to inspect the same and to inspect any facility, equipment, practices, or operations for active or potential discharges, or noncompliance; 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 such entry.

The city, its staff, authorized contract staff or other designee (authorized enforcement agency) shall be permitted to enter and inspect facilities subject to regulation under this title as often as may be necessary to determine compliance with this title. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

A. Facility operators shall allow the city, its staff, authorized contract staff or other designee (authorized enforcement agency) ready access to all parts of the premises for the purposes of inspecting any facility, equipment, practices or operations for active or potential storm water discharges, sampling, and to inspect and copy records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

B. The city, its staff, authorized contract staff or other designee (authorized enforcement agency) shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the facility’s storm water discharge.

C. The city, its staff, authorized contract staff or other designee (authorized enforcement agency) has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city, its staff, authorized contract staff or other designee (authorized enforcement agency) and shall not be replaced. The costs of clearing such access shall be borne by the operator.

E. Unreasonable delays in allowing the city, its staff, authorized contract staff or other designee (authorized enforcement agency) access to a permitted facility is a violation of a storm water discharge permit and of this title. A person who is the operator of a facility with an NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this title.

F. If the city, its staff, authorized contract staff or other designee (authorized enforcement agency) has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this title, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this title or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.250 AUTHORITY TO SAMPLE, ESTABLISH SAMPLING DEVICES, AND TEST:

During any inspection as provided herein, the public works director (or their designee) may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.260 ENFORCEMENT AND ADMINISTRATION:

Whenever the public works director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the director may order compliance by written notice of violation or other type as deemed appropriate to the responsible person in accordance to the city’s enforcement response plan. Violations of this chapter may be remedied using the procedures set forth in chapter 1.16, General Penalty. These remedies include the issuance of administrative citations. These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violations of this chapter. In addition, the director may require without limitation:

A. The performance of monitoring, analyses and reporting;

B. The elimination of illicit discharges and illegal 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 must be completed within seventy two (72) hours of notification and/or no later than the agreed upon compliance date; and no later than thirty (30) days of notification for uncontrolled sources of pollutants that could pose an environmental threat;

E. The implementation of source control or treatment BMPs;

F. Payment of a fine to cover administrative and remediation costs (fines shall be a minimum of three thousand dollars ($3,000.00) per day and equitable to those imposed through violations of the California State Water Code section 13385 and Federal Clean Water Act section 301 – penalties of up to ten thousand dollars ($10,000.00) per day of violation and ten dollars ($10.00) per gallon of waste discharged); and

G. Cease and desist of operations and shut-off of water meter.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Should the violator require a new time frame to complete abatement or remediation activities, the director will notify the Regional Board when all parties agree that clean-up activities cannot be completed within the original time frame and notify the Regional Board in writing five business days of the determination that the time frame requires revision. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.270 APPEAL:

Notwithstanding the provisions of section 10.28.260, any person receiving a notice of violation under section 10.28.260 may appeal the determination of the public works director to the city manager. The notice of appeal must be received by the city manager within five (5) days from the date of the notice of violation. Hearing on the appeal before the city manager (or their designee) shall take place within fifteen (15) days from the date of the city’s receipt of the notice of appeal. The decision of the city manager (or their designee) shall be final. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.280 URGENCY ABATEMENT:

The director is authorized to require immediate abatement of any violation of this title that constitutes an immediate threat to the health, safety or well being of the public. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under section 10.28.270, within ten (10) days of the decision of the city manager upholding the decision of the public works director, then the city or a contractor designated by the public works 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. Any expense related to such remediation undertaken by the city of shall be fully reimbursed by the property owner and/or responsible party. 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. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.290 CHARGING COST OF ABATEMENT/LIENS:

A. Within thirty (30) days after abatement by the city, the public works director shall notify the property owner of the abatement cost, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within fifteen (15) days. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be set forth by resolution and shall be final.

B. If the amount due is not paid within ten (10) days of the decision of the city 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. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.300 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 chapter or any provision of any requirement issued pursuant to 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 chapter shall also include written notice to the violator of such potential liability. (Ord. 2015-83, 7-6-2015; amd. Ord. 2020-127, 12-7-2020)

10.28.310 VIOLATIONS DEEMED A PUBLIC NUISANCE:

In addition to the enforcement processes and penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this title 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 a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city. Any violation of the provisions of this title shall also be considered a nuisance pursuant to chapter 5.20, and subject to any and all enforcement processes and penalties provided therein. (Ord. 2020-127, 12-7-2020)