Chapter 8.30 URBAN WATER QUALITY CONTROL

As a national policy, the federal government has established programs to ensure that the waters of the state, including all lakes, rivers, estuaries and groundwater, are safe and usable for all intended uses. To that purpose, laws have been passed and implemented restricting the pollutants that can be discharged from wastewater systems. That program has significantly reduced the pollution of the waters of the state. The next step was to reduce the pollutants from the second major controllable source, stormwater systems. In 1990 the Phase I regulations for stormwater management were implemented for large communities.

Under federal and state regulations, the city is responsible for assuring that drinking water quality standards are met within its jurisdiction, and that the city’s wastewater is properly treated to avoid adverse impacts on the beneficial use of waters of the state. The Federal Safe Drinking Water Act, the Federal Clean Water Act and the State Porter-Cologne Act provide the statutory authority for these requirements.

In addition, recent adoption of the Phase II regulations have expanded the city’s responsibilities to include the control of water quality impacted by stormwater. Federal regulations pursuant to the Clean Water Act, Section 402(p) adopted December 8, 1999, require the city of Hughson to regulate the quality of stormwater which may impact drinking water supplies in surface waters and/or groundwater. (Ord. 05-16 § 1, 2005)

8.30.030 Purpose.

This chapter is enacted to ensure the future health, safety, and general welfare of the citizens of the city of Hughson.

The purpose of this chapter is to ensure that stormwater and the pollutants it may contain are controlled to minimize impacts on the water quality of the city’s groundwater supply and the surface water bodies to which stormwater may be discharged.

The intent of this chapter is to protect and enhance the water quality of city and state watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act, by:

A. Eliminating nonstormwater discharges to the municipal separate storm sewers which do not receive treatment before discharge to waters of the state.

B. Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater.

C. Reducing pollutants in stormwater discharges to the maximum practicable extent.

D. Regulating the amount, pollutants and timing of stormwater discharges leaving private property which has an on-site stormwater system designed or intended to dispose of stormwater on-site.

E. Ensuring that the storm drain system is clean and functioning to reduce the amount of stormwater that may enter the sanitary sewer system. (Ord. 05-16 § 1, 2005)

8.30.040 Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Approved stormwater runoff” means surface runoff collected by any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structures owned, operated or approved by the city.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, drainage from raw materials storage, and control of hazardous materials. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs.

“Contaminated pumped groundwater” means impure groundwater or groundwater mixed with a pollutant.

“Director” means the director of public works, or his or her designee.

“Enforcement officer” means the director of public works, or his or her designee.

“Municipal stormwater NPDES” means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

“National Pollutant Discharge Elimination System (NPDES) permit” means a wastewater or stormwater discharge permit issued by the Central Valley Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Federal Clean Water Act.

“Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

“Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

“Pollutant” means anything which causes deterioration of water quality such that it impairs subsequent and/or competing uses of water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, hazardous waste, chemicals, fresh concrete, yard waste from residential and commercial landscaping operations, animal waste, fecal coliform, fecal streptococci, entercoccus, heavy metals, materials that result from constructing a building or structure, and nauseous or offensive matter of any kind.

“Premises” means any building, lot, or parcel of land whether improved or unimproved, including adjacent sidewalks or parking strips.

“Storm drain system” means any facility by which stormwater may be conveyed to water of the United States, or designed to be percolated (i.e., dry well) into the groundwater system.

“Stormwater runoff” means surface runoff and drainage associated with rain storm events.

“Unlawful connection” means any physical connection to a storm drain system which has not been permitted by the city.

“Unlawful discharge” means any discharge to the storm drain system that is not composed entirely of stormwater or stormwater discharges from private property designed or intended to be disposed of on-site. (Ord. 05-16 § 1, 2005)

8.30.050 Administration.

This code shall be administered by the director. (Ord. 05-16 § 1, 2005)

8.30.060 Regulatory consistency.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments, revisions or reissuance thereof. In the event of any conflict between this chapter and any federal or state law, regulation, or permit, that requirement which establishes the stricter standard shall govern. (Ord. 05-16 § 1, 2005)

8.30.070 Discharge of pollutants.

A non-storm drain discharge to the storm drain system is a violation of this chapter except as specified below.

A. The prohibition of discharges shall not apply to any discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) permit or waiver issued to the discharger and administered by the state of California under the authority of the Environmental Protection Agency (EPA); provided, that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.

B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting. (Ord. 05-16 § 1, 2005)

8.30.080 Discharge in violation of permit.

Any discharge that would result in or contribute to a violation of a municipal NPDES permit and any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, as well as the parcel owner on whose property the discharge occurs, who shall be strictly liable for its consequences, and such persons and/or owners shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action related to such discharge. (Ord. 05-16 § 1, 2005)

8.30.090 Unlawful discharge and unlawful connections.

It is a violation of this chapter to establish, use, maintain, or continue unlawful drainage connections to the city storm drain system, and to commence or continue any unlawful discharge to the city storm drain system. This prohibition against unlawful connections is retroactive and applies to unpermitted connections made in the past regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection. If a connection was permissible under the law or practices applicable or prevailing at the time of the connection that is now unlawful, no penalties shall be assessed under this chapter until the owner/user of the connection has been notified and given an opportunity to remedy the situation. (Ord. 05-16 § 1, 2005)

8.30.100 Discharge of nonstormwater.

The release of nonstormwater discharges to the city’s storm system is prohibited. (Ord. 05-16 § 1, 2005)

8.30.120 Construction sites.

Any person performing construction work in the city shall comply with the provisions of this chapter. All construction sites shall comply with the state general construction activity permit. The director may establish standards and guidelines implementing BMPs designed to control the rate, volume and quality of stormwater runoff from construction sites as may be appropriate to minimize the discharge and transport of pollutants. (Ord. 05-16 § 1, 2005)

8.30.130 New development and redevelopment.

To minimize the discharge and transport of pollutants, the city may require, in its discretion, a new development or redevelopment project, less than one acre, to control the volume, rate and quality of stormwater runoff from the project site so as to prevent any deterioration of water quality which would impair the beneficial uses of water. The director may establish standards and guidelines implementing BMPs designed to control the rate and volume of stormwater runoff from new development and redevelopment sites as may be appropriate to minimize the discharge and transport of pollutants.

Acceptable methods and standards for controlling stormwater runoff volumes, rates, and pollutant load may include but are not limited to the following:

A. Increase Permeable Areas. Avoid placing impervious surfaces on highly porous soil areas; incorporate landscaping and open spaces into the project design; use porous materials for driveways and walkways; incorporate detention ponds and infiltration pits into the project design; avoid placing pavement and other impervious surfaces in low lying areas.

B. Direct Runoff to Permeable Areas. Direct stormwater runoff away from impermeable areas to swales, berms, green strip filters, gravel beds, and French drains. Install rain gutters and orient them toward permeable areas. Modify the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property. When designing curbs, berms, or other structures, avoid designs which isolate permeable or landscaped areas.

C. Maximize Stormwater Storage for Reuse. Use retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.

All stormwater facilities shall be designed in accordance with the city stormwater master plan, the city improvement standards and as approved by the city engineer. (Ord. 15-03 § 1, 2015; Ord. 07-07 § 1, 2007; Ord. 05-16 § 1, 2005)

8.30.140 Storm drainage rules and regulations.

The following rules and regulations shall apply to all persons using storm drainage facilities. Failure to comply with any provision, requirement, rule, or regulation under this chapter shall be unlawful and punishable as an infraction:

A. The disposal of petroleum products (oil and grease), pesticides, fertilizers, household or industrial chemicals, industrial process wastewater, domestic sewage, animal waste or other pollutants into drainage facilities is prohibited.

B. Residential roof drain leaders may not be directly connected to sidewalks and gutters, but must discharge into landscape areas.

C. Discharge of water from swimming pools into positive storm drainage facilities is allowed only with the written permission of the director. Such discharge may not cause flooding of the street. Water from pumping out swimming pools may not be discharged to the sanitary sewer.

D. Any person engaging in activities which may result in pollutants entering the city’s stormwater system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and/or use of premises which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling units.

E. Littering. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, stormwater system, business place, or upon any public or private plot of land in the city so that the same can become a pollutant by entering the storm drain system except in containers or in lawfully established waste disposal facilities.

F. 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 jurisdiction.

G. Standards of Parking Lots and Paved Areas, and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved area of a gas station, a paved private street or road, and related stormwater system shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the city’s stormwater system.

H. Best Management Practices for New Developments and Redevelopment. All construction contractors performing work in the city shall conform to the requirements of the best management practices (BMPs) for construction sites and new development required by the city. As a minimum, such BMPs shall include provision for filter materials placed to preclude an increase in debris and sediments entering the stormwater system over the amount entering the storm drain system prior to the start of the project. The director may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.

I. Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity or other discharger described in a general stormwater permit addressing such discharges [as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board] shall provide the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

J. Compliance with Best Management Practices. Where best management practice guidelines or requirements have been adopted by any federal, state, regional, city and/or county agency regarding contributing to unlawful stormwater discharges, every person undertaking such activity or operation or owning or operating such facility shall comply with such guideline or requirement.

K. Stormwater Pollution Prevention Plan. The director may require any business in the city that is engaged in activities which may result in unlawful discharges or have the potential to contribute significant amounts of pollutants to the storm drain system to develop and implement a stormwater pollution prevention plan, which must include an employee training program.

Business activities which may require a stormwater pollution prevention plan include, but are not limited to, maintenance operations, storage facilities, manufacturing activity, assembly operations, equipment operations, vehicle loading or fueling, food processing, trucking, or cleanup procedures which are carried out partially or wholly out of doors.

L. Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility have personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed, or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city storm drain system. As soon as any person in charge of a facility or responsible for emergency response has knowledge of such risk, they shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city by telephoning the public safety nonemergency number of unlawful discharge and confirming the notification by correspondence to the director. (Ord. 05-16 § 1, 2005)

8.30.150 Authority to inspect, establish sampling devices and direct testing and monitoring.

A. The director shall have the authority to conduct reasonable inspections upon private property as may be deemed necessary to carry out the purpose of this chapter. Such inspections shall be conducted with the consent of the property owner and/or the person possessing or controlling the property. If such consent cannot be obtained, an inspection shall be conducted pursuant to a court-issued inspection warrant. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as emergency services or health department.

B. Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as are necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

C. Requirement to Test or Monitor. Any authorized enforcement officer may require that any person engaged in any activity and/or owning or operating any facility which has been determined to cause or contribute to stormwater pollution or contamination, unlawful discharge, and/or discharge of nonstormwater to the storm system, undertake such monitoring activities and/or analysis and furnish such reports as the officer may specify. The costs of these activities, analysis, and reports required shall be borne by the owner/operator of the facility. In the event the owner or operator of a facility subject to a monitoring and/or analysis order fails to conduct required monitoring and/or analysis and furnish the required reports, the authorized enforcement officer shall cause a notice of violation to be processed under HMC 8.30.210, which notice shall include the estimated costs that will be incurred by the city to complete such monitoring or analysis. Further enforcement shall be conducted pursuant to HMC 8.30.230 through 8.30.270. (Ord. 05-16 § 1, 2005)

8.30.160 Violation constituting misdemeanors.

Unless otherwise specified by this chapter, the violation of the provisions of this chapter shall constitute a misdemeanor. Any such violation constituting a misdemeanor, at the discretion of the authorized enforcement officer, may be charged and prosecuted as an infraction. (Ord. 05-16 § 1, 2005)

8.30.170 Penalties.

Upon conviction of a misdemeanor or an infraction, a person shall be subject to payment of a fine, or imprisonment, or both, as provided in Chapter 1.12 HMC. (Ord. 05-16 § 1, 2005)

8.30.180 Concealment.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall be unlawful and punishable as a misdemeanor. (Ord. 05-16 § 1, 2005)

8.30.190 Violation deemed a public nuisance.

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by legal counsel.

B. The cost of such abatement and restoration shall be borne by any property committing the violation, and the cost thereof shall be a lien upon and against any such property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

C. In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of suit and reasonable attorney fees. (Ord. 05-16 § 1, 2005)

8.30.200 Civil actions.

In addition to any other remedies provided in this section, this chapter may be enforced by civil action brought by the city. In any such action, the court may grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction.

B. Assessment of the violator/parcel owner 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 legal action under this subsection.

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing stormwater discharge control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 05-16 § 1, 2005)

8.30.210 Administrative enforcement powers.

A. Notice of Violation. Whenever the 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 to the responsible person. Such notice may require without limitation:

1. The performance of monitoring, analyses, and reporting;

2. The elimination of illicit connections or discharges;

3. That violating discharges, practices, or operations shall cease and desist;

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

5. The implementation of source control or treatment BMPs.

B. 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 established deadlines, the work will be done by the city or a contractor designated by the director and the expense thereof shall be charged to the violator pursuant to HMC 8.30.240. (Ord. 05-16 § 1, 2005)

8.30.220 Appeal.

Notwithstanding the provisions of urgency abatement (HMC 8.30.250), any person receiving a notice of violation may appeal the determination of the director to the city manager. The notice of appeal must be received by the city manager within 15 days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within 15 days from the date of the city’s receipt of the notice of appeal. The decision of the city manager shall be final. (Ord. 05-16 § 1, 2005)

8.30.230 Abatement by city.

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 HMC 8.30.220, within 10 days of the decision of the city manager upholding the decision of the director, then the city or a contractor designated by the director shall, pursuant to a warrant issued by a court of competent jurisdiction, enter upon the subject’s private property and take any and all measures reasonably necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 05-16 § 1, 2005)

8.30.240 Charging costs of abatements/liens.

A. Within 30 days after abatement of the nuisance by city, the director shall notify the property owner of the property of the cost of abatement, including administrative costs, investigative costs, cost of testing, hearing costs, etc. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within 15 days. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be final.

B. If the amount due is not paid within 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 amount of the assessments 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 against the parcel of land. (Ord. 05-16 § 1, 2005)

8.30.250 Urgency abatements.

The director is authorized to require immediate abatement of any violation of this chapter which constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the director, the city of Hughson is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Hughson 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 the chapter. (Ord. 05-16 § 1, 2005)

8.30.260 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 05-16 § 1, 2005)

8.30.270 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 rule or regulation issued pursuant to this chapter may also be in violation of the Clean Water Act and/or 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 this potential liability. (Ord. 05-16 § 1, 2005)

8.30.280 Nonexclusivity of remedies.

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. 05-16 § 1, 2005)

8.30.290 Disclaimer of liability.

The degree of protection required by this chapter is for regulatory purposes and is based upon scientific, engineering and other relevant technical considerations. The standards set forth are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 05-16 § 1, 2005)