Chapter 13.28
URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROLS
Sections:
13.28.030 Administrative authority.
13.28.050 Discharge of non-storm water.
13.28.060 Discharge in violation of NPDES permit.
13.28.070 Illicit connections.
13.28.080 Removal of illicit connections.
13.28.090 Reduction of pollutants in storm water.
13.28.100 Notification of uncontrolled discharges.
13.28.110 Requirement to test or monitor.
13.28.120 Authority to inspect.
13.28.130 Violation a public nuisance.
13.28.160 Falsification of data – Tampering with monitoring equipment.
13.28.170 Emergency abatement.
13.28.010 Purpose.
The purpose of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the public storm drain system. (Ord. 1164 § 2, 2017.)
13.28.020 Definitions.
A. “Authorized City employee(s)” means those individuals designated by the director of public works, chief building official, police chief, or fire chief to act as his or her respective designees.
B. “Best management practices” or “BMPs” means activities, prohibitions or practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands. BMPs also include treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
C. “Chief building official” means the Healdsburg chief building official, or his or her designee.
D. “City’s BMP plan” means the City of Healdsburg’s non-storm water discharges BMP plan.
E. “City’s NPDES permit” means Regional Water Board Order No. R1-2015-0030 and NPDES No. CA0025054 and any amendment, revision or reissuance of such permit.
F. “Commercial facility” means any nonresidential premises or any premises used as a site for commercial activity.
G. “Director of public works” means the Healdsburg director of public works/City engineer or his or her designee.
H. “Discharge” means the flow of water and/or other materials to the storm water system or waters of the state from any distinguishable or identifiable source, other than from a vessel or other floating craft.
I. “Enforcement official” means the director of public works, chief building official, police chief or fire chief or their respective designees.
J. “Fire chief” means the Healdsburg fire chief, or his or her designee.
K. “Illicit connection” means any physical connection including pipes, drains, open channels, or other conveyances to the storm water system that is not authorized by the City and/or the Regional Water Board.
L. “Illicit discharge” means any discharge to the storm water system that is prohibited under local, state, or federal statutes, ordinances, codes or regulations or the City’s NPDES permit. Illicit discharges include all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are permitted under HMC 13.28.050(B).
M. “Non-storm water discharge” means any discharge that is not entirely composed of storm water or any release of pollutants that potentially or actually discharges to the storm water system.
N. “NPDES permit” means a permit issued under the National Pollutant Discharge Elimination System by the Regional Water Board or the State Water Resources Control Board.
O. “Police chief” means the Healdsburg police chief or his or her designee.
P. “Pollution” means the human-made or human-induced alteration of the quality of waters by waste 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.
Q. “Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
R. “Prohibited discharge” means any polluted discharge or any discharge to the storm water system that is not composed entirely of storm water, except discharges pursuant to an NPDES permit, discharges resulting from emergency firefighting activities and discharges further exempted in HMC 13.28.050.
S. “Regional Water Board” means the North Coast Regional Water Quality Control Board.
T. “Significant noncompliance” means noncompliance with any provision of this chapter that either:
1. Poses or threatens to pose a significant danger to the environment or public health;
2. Has not been abated in a reasonable period of time; or
3. Has recurred.
U. “State Water Board” means the California State Water Quality Control Board.
V. “Storm water” means storm water runoff, snowmelt runoff, and surface water runoff and drainage.
W. “Storm water system” means those public and privately owned facilities, including but not limited to closed conduit systems, open ditches, streets and driveways, by which storm water may be collected and conveyed to any stream, watercourse, other body of water or wetlands, publicly or privately owned, which are not part of a publicly owned treatment works (“POTW”) as that term is defined in 40 C.F.R. Section 122.2. (Ord. 1164 § 2, 2017.)
13.28.030 Administrative authority.
Except as otherwise provided, the provisions of this chapter shall be administered by the City’s chief building official, director of public works, police chief or fire chief. (Ord. 1164 § 2, 2017.)
13.28.040 Application.
This chapter shall be construed in a manner which is consistent with the requirements of the Federal Clean Water Act and amending acts, any applicable implementing regulations thereto, the California Porter-Cologne Water Quality Control Act and amending acts, any applicable implementing regulations thereto, and the City’s NPDES permit. (Ord. 1164 § 2, 2017.)
13.28.050 Discharge of non-storm water.
A. The release of any non-storm water discharge, except discharges pursuant to an NPDES permit or discharges exempted in subsection (B) of this section, is prohibited.
B. The following discharges are exempt from the prohibition set forth in subsection (A) of this section:
1. Any discharge in compliance with an NPDES permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency;
2. Discharges from the following activities provided such discharges are not a significant source of pollutants and are discharged in accordance with the Healdsburg BMP plan, which plan was adopted by the Healdsburg City Council and the City’s NPDES permit:
a. Discharges from potable water sources, including flushing of potable water from potable water lines;
b. Utility vault dewatering;
c. Uncontaminated ground water infiltration into structures (as defined by 40 CFR 35.2005(20)) where flows are diverted into the storm water system;
d. Recycled water irrigation runoff (minor);
e. Gravity flow from foundation, footing and crawl drains;
f. Uncontaminated water from crawl space pumps;
g. Uncontaminated air conditioning condensate;
h. Natural springs and rising groundwater that are intentionally diverted into the storm water system;
i. Runoff from noncommercial car washing by residents or nonprofit community groups;
j. Overflows from riparian habitats or wetlands where such flows are intentionally diverted to the storm water system;
k. Dechlorinated/debrominated swimming pool discharges;
l. Flows from firefighting;
m. Flows from firefighting training and equipment repair activities;
n. Flows from fire hydrant testing;
o. Stream diversions permitted by the State Water Board or Regional Water Board where such flows are intentionally diverted to the storm water system;
p. Potable water irrigation runoff (minor);
q. Pooled storm water from treatment BMPs that are intentionally discharged to the storm water system as part of maintenance activities; and
r. Any other discharges that are expressly permitted by the City’s NPDES permit. (Ord. 1164 § 2, 2017.)
13.28.060 Discharge in violation of NPDES permit.
Any person or entity subject to an NPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of any entitlement. Any discharge that would result in, or contribute to, a violation of the City’s NPDES permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge. (Ord. 1164 § 2, 2017.)
13.28.070 Illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition is retroactive and applies to illicit connections made in the past regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 1164 § 2, 2017.)
13.28.080 Removal of illicit connections.
If any person or entity fails to remove an illicit connection upon notification to do so by the enforcement official, or upon revocation of a connection permit, the enforcement official may remove such connection from the storm drain system pursuant to the procedures set forth in HMC 13.28.140 (Enforcement). (Ord. 1164 § 2, 2017.)
13.28.090 Reduction of pollutants in storm water.
A. Activities Resulting in Discharge of Pollutants. Any person engaging in activities which may result in pollutants entering the City storm water system shall undertake all control measures to reduce and/or eliminate such pollutants to the maximum extent practicable. All activities that do actually, or may potentially, result in the entry of pollutants to the storm water system, in any tributary of this system, and all land which drains to either this system or any of its tributaries shall be construed as activities which may result in pollutants entering the storm water system. Such activities include, but are not limited to, ownership and/or use of premises which may be a source of pollutants, such as parking lots, gasoline stations, industrial facilities, commercial facilities, nurseries and landscape materials retailers, restaurants and automotive service facilities.
B. Pollutants and Littering. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained any refuse, household hazardous wastes, yard waste, hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon storm water system or upon any public or private plot of land in the City so that the same might become a pollutant, except in lawfully established solid or liquid waste disposal facilities.
C. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the City in front of which there is a paved sidewalk, shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter, roadway or storm water system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.
D. Construction Activities. Any construction contractor and/or worker working in the City shall implement appropriate BMPs as set forth in the City’s BMP plan to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm water system. Any person performing construction activity that is subject to the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activity shall comply with all provisions of such permit and Chapter 17.36 HMC, as may hereafter be amended.
E. Bodies of Water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water in a park or elsewhere within the City.
F. Standard for Parking Lots, Paved Areas, and Related Storm Water Systems. Persons or entities owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway, or any other undeveloped paved surface lot or land, and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm water system.
G. Notification of Intent and Compliance with General Permits. The United States Environmental Protection Agency, the State Water Board, or the Regional Water Board, have adopted and may adopt general storm water permits addressing categories of discharges that include, but are not limited to, discharges from construction activities and industrial activities. Each discharger, which operates under such a general permit, shall provide the notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such dischargers. Each discharger shall provide a copy of the notice of intent and all annual reports prepared pursuant to any general storm water permit to the enforcement official. Each discharger that operates under such a general permit shall pay any associated monitoring and enforcement fees, including fees that may be set by the City Council, as well as any fees established by the state. Proof of compliance with a general permit may be required in a form acceptable to the City’s designated representative 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.
H. Compliance with Best Management Practices. The City’s BMP plan identifies 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. The City shall incorporate such requirements as conditions in any land use entitlement and/or 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 in this chapter. All BMPs required as a condition of any permit and/or entitlement shall be maintained in full force and effect during the term of the project, construction and/or development, unless otherwise authorized by the director of public works.
I. Structural BMPs. No person or entity shall install a structural BMP for the purpose of treating, neutralizing, disposing of, monitoring or diverting to the storm water system any runoff without the approval of the enforcement official. Such facilities may be subject to issuance of permits of the department of public works.
J. Storm Water Pollution Prevention Plan (SWPPP). The enforcement official may require any business in the City that is engaged in activities which may result in illicit discharges to develop and implement a SWPPP, which, in addition to other requirements, must include an employee training program. Business activities which may require a SWPPP include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures, which are carried out partially or wholly out of doors.
K. Coordination with Certified Uniform Program Agency (CUPA). Any business subject to regulation under the City’s certified uniform program agency ordinance (Chapter 8.20 HMC) or as amended hereafter shall include provisions for compliance with this chapter in any plan relating to the control, storage or release of hazardous chemicals. Such provisions shall include the prohibitions on non-storm water discharges, implementation of BMPs, and the requirement to reduce the release of pollutants to the maximum extent practicable. (Ord. 1164 § 2, 2017.)
13.28.100 Notification of uncontrolled discharges.
A. Emergency Response. Upon the discovery of an uncontrolled discharge from or to the storm drain system, the discharger or permittee shall immediately notify the “911” emergency response if uncontrolled discharge poses an immediate threat to the public health or safety and/or the environment.
B. Upon the discovery of an uncontrolled discharge from or to the storm drain system, the discharger or permittee shall immediately notify the enforcement officer of the incident by telephone or email in addition to any other notifications to public agencies that may be required by law. The notification shall include location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimize the effects of the discharge.
C. Within 10 calendar days after the first discovery of the uncontrolled discharge, the discharger or permittee shall submit to the enforcement officer a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge.
D. Training of Employees. The owner of a commercial or industrial facility or the persons responsible for emergency response for a commercial or industrial facility shall have the responsibility to train facility personnel and maintain notification procedures to assure that the provisions of this section are complied with.
E. BMPs. Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non-storm water discharge or of any pollutant that threatens to enter surface waters and/or the City’s storm water system are immediately recognized and that appropriate response is taken in the event of such release. (Ord. 1164 § 2, 2017.)
13.28.110 Requirement to test or monitor.
The enforcement official may require any person engaged in any activity, or owning or operating any commercial or industrial facility, that may cause or contribute to prohibited discharges, to undertake such monitoring activities and/or analysis and furnish such reports as the enforcement official may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring and/or analysis and reports and the benefits to be obtained. The recipient of such a requirement shall undertake and provide the monitoring, analysis and reports required. (Ord. 1164 § 2, 2017.)
13.28.120 Authority to inspect.
A. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the authorized City employee by this chapter; provided, that (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
Inspections shall be conducted in a manner as authorized by state law. In exigent circumstances, where there is an imminent threat to the public’s health or safety, the emergency abatement procedures set forth in HMC 13.28.140 shall apply.
B. Sampling Methods. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to dye testing to determine illicit connections, random sampling and/or sampling or metering in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.
C. Sampling Authority. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples. (Ord. 1164 § 2, 2017.)
13.28.130 Violation a public nuisance.
Any discharge in violation of this chapter, illicit connection, violation of runoff management requirements, and/or any violation of this chapter shall constitute a threat to public health and safety and is declared a public nuisance. (Ord. 1164 § 2, 2017.)
13.28.140 Enforcement.
A. It shall be unlawful for any person to violate any provision of this chapter or of any order or permit issued pursuant to this chapter. A violation of this chapter shall constitute a misdemeanor and shall be subject to administrative fines and penalties as set forth in HMC 1.12.110(E). If any violation is continued, each day’s violation shall be deemed a separate offense.
B. In addition to the powers set forth in the code enforcement ordinance (Chapter 1.12 HMC), as it may be amended hereafter, the enforcement official may exercise any of the following enforcement powers as may be necessary to effectively implement and enforce the provisions of this chapter:
1. Notice of Violation. Whenever the enforcement official finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the enforcement official may issue a notice of violation. Within the time set forth in the notice of violation, the person shall submit to the enforcement official an explanation of the violation and a plan for the satisfactory abatement, correction, and prevention thereof.
2. Cease and Desist Order. When the enforcement official finds that a discharge has taken place or threatens to take place in violation of this chapter or any order or permit issued pursuant to this chapter, the enforcement official may issue an order to cease and desist such discharge, or the activities or operations likely to cause such discharge, and direct that those persons not complying shall: (a) immediately discontinue any action constituting a violation of this chapter; (b) comply with a time schedule; (c) immediately contain or divert any flow of non-storm water off the premises where the flow is occurring in violation of any provision of this chapter; (d) clean up the area affected by the violation; and/or (e) implement BMPs necessary to prevent future violations.
3. Stop Work Order. Whenever any work is being done contrary to the provisions of this chapter or any order or permit issued pursuant to this chapter, the enforcement official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, or upon any persons having ownership and/or control of the premises upon which such work is being done, and any such persons shall forthwith stop such work until authorized by the enforcement official to proceed with the work.
4. Compliance Orders. Whenever the enforcement official finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the enforcement official may issue a compliance order requiring any of the following actions:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
e. Payment of a fine to cover administrative and remediation costs, which fine shall be in addition to any and all administrative code enforcement fines and citations issued;
f. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property are required, the order shall set forth a deadline within which such remediation or restoration must be completed. Said order shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the City and the expense thereof shall be charged to the violator. In the event such expenses are not tendered to the City by the violator, the City shall be entitled to reasonable attorney fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.
C. Delivery of Notice. Any notice of violation, cease and desist order, stop work order or compliance order shall be subject to the following:
1. The notice or order shall state that the recipient has a right to appeal the matter as set forth in HMC 13.28.150.
2. Delivery shall be deemed complete upon (a) personal service to the recipient; (b) deposit in the United States mail, postage prepaid for first class delivery; (c) facsimile service with confirmation of receipt; or (d) e-mail service with confirmation of receipt.
3. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the City.
4. Where the owner or occupant of any property cannot be located after the reasonable efforts of the enforcement official, a notice of violation, cease and desist order, stop work order or compliance order shall be deemed delivered after posting on the property in a conspicuous location for a period of 10 business days.
D. Civil Action. Any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, in addition to any and all remedies provided by law, as appropriate, any or all of the following:
1. Reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this chapter;
2. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;
3. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages recovered under this section shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control system(s) and implementing or enforcing the provisions of this chapter.
E. Remedies Not Exclusive. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 1164 § 2, 2017.)
13.28.150 Appeal.
Any person served with a notice or order pursuant to HMC 13.28.140 may appeal the decision, within 10 days following its effective date, by requesting an appeal pursuant to the procedures set forth in Chapter 2.36 HMC. Such appeal shall be subject to the procedures set forth in Chapter 2.36 HMC. (Ord. 1164 § 2, 2017.)
13.28.160 Falsification of data – Tampering with monitoring equipment.
Any report required by this chapter containing data that the discharger knows, or should have reason to know, contains falsified data shall constitute a violation of this chapter. (Ord. 1164 § 2, 2017.)
13.28.170 Emergency abatement.
If the enforcement official determines that a violation of this chapter has created an emergency condition, which seriously endangers the public health or safety, the City may take summary action to abate the condition, pursuant to Chapter 1.12 HMC (code enforcement ordinance) and need not adhere to the enforcement procedures set forth in HMC 13.28.140. (Ord. 1164 § 2, 2017.)
13.28.180 Concealment.
It is unlawful to cause, permit, aid, abet, or conceal a violation of any provision of this chapter. (Ord. 1164 § 2, 2017.)
13.28.190 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.
Any person who violates any provision of this chapter, any provision of any permit or order issued pursuant to this chapter, or who causes any discharges that cause pollution may also be in violation of the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and may be subject to the sanctions of those acts, including civil and criminal penalties. (Ord. 1164 § 2, 2017.)