Chapter 13.10
STORM WATER MANAGEMENT1
Sections:
13.10.050 Discharge prohibitions.
13.10.060 Conditionally allowed non-storm water discharges.
13.10.070 General BMP requirements.
13.10.080 Residential BMP requirements.
13.10.090 Commercial BMP requirements.
13.10.100 Industrial facility BMP requirements.
13.10.110 Agricultural BMP requirements.
13.10.120 Municipal facility BMP requirements.
13.10.130 City jurisdictional runoff management plan (“JRMP”).
13.10.140 Land disturbance activity BMP requirements.
13.10.150 Land development and redevelopment BMP requirements.
13.10.160 Maintenance of BMPs.
13.10.170 Inspection and sampling.
13.10.190 Other acts and omissions that are violations.
13.10.200 Remedies not exclusive.
13.10.010 Title.
This chapter shall be known as the “city of Solana Beach storm water management and discharge control ordinance.” (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.020 Purpose and intent.
The purposes of this chapter are to protect the health, safety and general welfare of city of Solana Beach residents; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; control contribution of pollutants from other MS4 owners to the city’s MS4; and to ensure that the city is compliant with California Regional Water Quality Control Board San Diego Region Order No. R9-2013-0001 and with applicable state and federal law. This chapter seeks to promote these purposes by:
A. Prohibiting polluted non-storm water discharges to the storm water conveyance system;
B. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution;
C. Establishing requirements for low impact development for land development projects, to reduce storm water pollution and erosion;
D. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and enhance existing water-dependent habitats;
E. Establishing standards for the use of off-site facilities for storm water management to supplement on-site practices at new development sites; and
F. Establishing notice procedures and standards for adjusting storm water and non-storm water management requirements where necessary. (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.030 Definitions.
The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter and reference documents, whether or not these words or phrases are capitalized:
“Advanced treatment” means using mechanical or chemical means to flocculate and remove suspended sediment from runoff from construction sites prior to discharge.
“Authorized enforcement official” means the city manager of the city of Solana Beach or any designee of the city manager of the city of Solana Beach who is responsible for enforcing the provisions of this chapter, including but not limited to the directors, their management staff, and designees.
“Best management practices” or “BMPs” means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, the storm water conveyance system or waters of the United States. Best management practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure approved by the city and consistent with Order No. R9-2013-0001 that can help to achieve compliance with this chapter.
“Best Management Practice (BMP) Design Manual” means the design manual developed to eliminate, reduce, or mitigate the impacts of runoff from development project, including priority development projects.
“Channel” means natural or improved watercourse with a definite bed and banks that conducts flowing water either continuously or intermittently.
“City” means the city of Solana Beach.
“Commercial discharger” means a discharger who operates a commercial facility.
“Commercial facility” means all nonresidential facilities engaged in business or commerce, whether for profit or not-for-profit, or publicly or privately owned, except for industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non-storm water or the discharge of pollutants to storm water.
“Constructed wetland” means a vegetated area that has been deliberately modified to provide or enhance habitat, to provide water quality benefits, or to moderate water flow rates or velocities, that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
“Developer” or “development project proponent” means a person who seeks or receives permits for, or who undertakes, land development activity.
“Directors” means the directors of community development and public works.
“Discharge,” when used as a verb, means to allow pollutants to directly or indirectly enter storm water, or to allow storm water or non-storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, “discharge” means the pollutants, storm water and/or non-storm water that is discharged.
“Discharger” means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
“Discharges directly to” means storm water or non-storm water that enters receiving waters from a facility or activity, without mixing with any storm water or non-storm water from another facility or activity prior to entering such receiving waters.
“Employee training program” means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge.
“Environmentally sensitive areas” or “ESAs” means areas that include, but are not limited to, all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Board and San Diego Water Board; State Water Quality Protected Areas; or water bodies designated with the RARE beneficial use by the State Water Board and San Diego Water Board.
“Hazardous material” means any substance that poses a threat to human health or the environment due to its toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity. These also include materials named by the USEPA in 40 CFR 116 to be reported if a designated quantity of the material is spilled into the waters of the U.S. or emitted into the environment.
“Hydrologic soil group” means the classification system for soil erodibility set out in Soil Survey – San Diego Area, California (December 1973), issued by the U.S. Department of Agriculture Soil Conservation Service and the U.S. Forest Service. In this system soils are categorized into four runoff potential groups. The groups range from “A” soils, which have high permeability and little runoff production, to “D” soils, which have low permeability rates and produce much more runoff.
“Illegal connection” means any manmade conveyance or drainage system through which a non-storm water discharge to the storm water drainage system occurs or may occur. Any connection to the MS4 that conveys an illicit discharge.
“Illegal discharge” means any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities [40 CFR 122.26(b)(2)].
“Impaired water body” means a water body that is listed by the RWQCB and SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. “303(d) listed water body” has the same meaning.
“Impervious surface area” means the ground area covered or sheltered by an impervious surface, measured in plain view (i.e., as if from directly above). For example, the “impervious surface area” for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
“Industrial activity” means the manufacturing, processing or raw materials storage at a commercial, industrial, or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or byproduct creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct, or waste product.
“Industrial discharger” means a discharger who operates an industrial facility.
“Industrial facility” means any facility subject to the state industrial general storm water permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials, or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not industrial facilities, unless they are subject to the state industrial general storm water permit.
“Infiltration” means the process of percolating storm water or non-storm water into the soil.
“Jurisdictional runoff management program” or “JRMP” means the city’s written description of the specific jurisdictional runoff management measures and programs that will be implemented to comply with Order No. R9-2013-0001 where the intent is to reduce storm water pollutant discharges in runoff to the MEP and not cause or contribute to a violation of water quality standards.
“Land development activity” means any activity or proposed activity that requires any of the permits or approvals listed in SBMC 13.10.040(F).
“Land disturbance activity” means any activity requiring a grading permit that moves soils or substantially alters the preexisting vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. “Land disturbance activity” does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.
“Land owner” means the holder of legal title to land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement or long-term lease.
“Maintenance of a BMP” means periodic action taken to maintain the as-designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.
“Maximum extent practicable” or “MEP” means the technology-based standard established by Congress in CWA Section 402(p)(3)(B)(iii) for storm water that operators of MS4s must meet. Technology-based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of source control and treatment control BMPs. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense). MEP considers economics and is generally, but not necessarily, less stringent than BAT. A definition for MEP is not provided either in the statute or in the regulations. Instead the definition of MEP is dynamic and will be defined by the following process over time: municipalities propose their definition of MEP by way of their runoff management programs. Their total collective and individual activities conducted pursuant to the runoff management programs becomes their proposal for MEP as it applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping, or MEP for MS4 maintenance). In the absence of a proposal acceptable to the San Diego Water Board, the San Diego Water Board defines MEP.
In a memo dated February 11, 1993, entitled “Definition of Maximum Extent Practicable,” Elizabeth Jennings, Senior Staff Counsel, SWRCB addressed the achievement of the MEP standard as follows:
To achieve the MEP standard, municipalities must employ whatever Best Management Practices (BMPs) are technically feasible (i.e., are likely to be effective) and are not cost prohibitive. The major emphasis is on technical feasibility. Reducing pollutants to the MEP means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, or the BMPs would not be technically feasible, or the cost would be prohibitive. In selecting BMPs to achieve the MEP standard, the following factors may be useful to consider:
a. Effectiveness: Will the BMPs address a pollutant (or pollutant source) of concern?
b. Regulatory Compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations?
c. Public Acceptance: Does the BMP have public support?
d. Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved?
e. Technical Feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc.?
The final determination regarding whether a municipality has reduced pollutants to the maximum extent practicable can only be made by the Regional or State Water Boards, and not by the municipal discharger. If a municipality reviews a lengthy menu of BMPs and chooses to select only a few of the least expensive, it is likely that MEP has not been met. On the other hand, if a municipal discharger employs all applicable BMPs except those where it can show that they are not technically feasible in the locality, or whose cost would exceed any benefit derived, it would have met the standard. Where a choice may be made between two BMPs that should provide generally comparable effectiveness, the discharger may choose the least expensive alternative and exclude the more expensive BMP. However, it would not be acceptable either to reject all BMPs that would address a pollutant source, or to pick a BMP based solely on cost, which would be clearly less effective. In selecting BMPs the municipality must make a serious attempt to comply and practical solutions may not be lightly rejected. In any case, the burden would be on the municipal discharger to show compliance with its permit. After selecting a menu of BMPs, it is the responsibility of the discharger to ensure that all BMPs are implemented.
“Motor vehicle” means any automobile, car, truck, bus, motor home or other self-propelled vehicle used or suited to use for on-road transportation; and any similar vehicle modified for off-road use.
“Municipal facility” means a facility owned or operated by the city of Solana Beach that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. The commercial or industrial lessees of such facilities may, however, be subject to this chapter as commercial dischargers or industrial dischargers.
“Municipal separate storm sewer system” or “MS4” is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the city having jurisdiction over disposal of storm water; (2) designated or used for collecting or conveying storm water; (3) which is not a combined sewer; (4) which is not part of a publicly owned treatment works as defined at 40 CFR 122.26.
“Natural drainage” means a natural swale or topographic depression, which gathers and/or conveys runoff to a permanent or intermittent watercourse or water body.
“New development” means land-disturbing activities; structural development, including construction or installation of a building or structure; the creation of impervious surfaces; and land subdivision.
“Non-storm water discharge” means all discharges to and from a MS4 that do not originate from precipitation events (i.e., all discharges from a MS4 other than storm water). Non-storm water includes illicit discharges and NPDES permitted discharges.
“Notice of intent” or “NOI” is a formal notice to the SWRCB which provides information on the owner, location, project, operations, schedule and contact, which accompanies the application for coverage under state construction general and/or industrial general storm water permits.
“NPDES permit” means a National Pollutant Discharge Elimination System permit issued by the U.S. Environmental Protection Agency, the SWRCB or the RWQCB.
“NPDES Permit No. CAS0109266” means the RWQCB Order No. R9-2013-0001, NPDES Permit No. CAS0109266, “National Pollutant Discharge Elimination (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds Within the San Diego Region.”
“Parking lot” means land area or a facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce.
“Pollutant” may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of basin plan, enclosed bays and estuaries plan, inland surface water plan, and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. “Organic contaminant” may include leaves, grass clippings, and yard waste and trimmings. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of basin plan, enclosed bays and estuaries plan, inland surface water plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature.
“Pollution prevention” means the practices and processes that reduce or eliminate the generation of pollutants, in contrast to source control BMPs, treatment control BMPs, or disposal.
“Premises” means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
“Priority development project” refers to new development and redevelopment project categories as more fully set forth in Provision E.3.b. of Order No. R9-2013-0001.
“Project footprint” means the limits of all grading and ground disturbance, including landscaping, associated with a project.
“Rainy season” means October 1st through April 30th.
“Receiving waters” means waters of the United States.
“Redevelopment” means the creation and/or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair.
“Residential development” means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multifamily homes, condominiums, and apartments.
“Residential discharger” means for an occupied residence, the occupants; and for a vacant residence, the owner and the manager, if any, of the residence.
“Restaurant” means, for the purposes of this chapter, a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption.
“Retrofitting” means storm water management practice put into place after development has occurred in watersheds where the practices previously did not exist or are ineffective. Retrofitting of developed areas is intended to improve water quality, protect downstream channels, reduce flooding, or meet other specific objectives. Retrofitting developed areas may include, but is not limited to, replacing roofs with green roofs, disconnecting downspouts or impervious surfaces to drain to pervious surfaces, replacing impervious surfaces with pervious surfaces, installing rain barrels, installing rain gardens, and trash area enclosures.
“Runoff” means all flows in a storm water conveyance system that consists of the following components: (1) storm water (wet weather flows) and (2) non-storm water including dry weather flows.
“RWQCB” means the California Regional Water Quality Control Board for the San Diego region.
“Sediment” means soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms’ survival rates, smother bottom-dwelling organisms, and suppress aquatic vegetation growth.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive, or medical waste.
“Source control BMP” means land use or site planning practices, or structural or nonstructural measures that aim to prevent runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas.
“State” means state of California.
“State construction general storm water permit” means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Stormwater Associated with Construction Activities, and any amendments thereto.
“State industrial general storm water permit” means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto.
“Stop work order” means an order issued which requires that specifically identified activity or all activity on a site be stopped.
“Storm water” means storm water runoff, snowmelt runoff and surface runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from precipitation events.
“Storm water conveyance system” means private and public drainage facilities other than sanitary sewers within the city of Solana Beach by which urban runoff may be conveyed to receiving waters, and includes, but is not limited to, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, inlets to storm drains or pipes, or catch basins.
“Storm water management” is the use of structural or nonstructural BMPs that are designed to reduce urban runoff pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the city or another municipality, storm water management also includes planning and programmatic measures.
“Storm water management plan” means a plan, submitted on a city form or in a city-specific format in connection with an application for a city permit or other city approval, identifying the measures that will be used for storm water and non-storm water management during the permitted activity.
“Storm water pollution prevention plan” or “SWPPP” means a document (other than a storm water management plan) which meets the requirements for a SWPPP set out in the state construction general storm water permit or state industrial general storm water permit. A SWPPP submitted to the city must describe the BMPs to be implemented and other steps to be taken by the discharger to meet the requirements of this chapter.
“Storm Water Standards Manual” means the city’s document that provides the storm water requirements related to development or redevelopment projects. This document is based on the regional Standard Urban Stormwater Mitigation Plan and BMP Design Manual.
“Structural BMP” means a BMP that relies on either a physical condition, other than an entirely natural and undisturbed condition, or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non-storm water discharges. Constructed or enhanced BMPs that depend on natural materials and processes (such as constructed drainage swales or buffers, or constructed wetlands), and that require periodic maintenance to function as designed, are structural BMPs.
“Structural post-construction BMP” means a structural BMP, other than a temporary construction-related BMP, put in place in connection with a land development activity or redevelopment project to prevent or reduce contamination in storm water or receiving waters, or to prevent or reduce erosion downstream from the project.
“SWRCB” means the State Water Resources Control Board.
“Threat to water quality” means a set of criteria used to prioritize existing development including commercial, industrial facilities and residential areas for inspection purposes. The following criteria shall be considered when determining threat to water quality: (1) type of activity (SIC Code); (2) materials used at the facility; (3) wastes generated; (4) pollutant discharge potential; (5) non-storm water discharges; (6) size of facility; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; (9) whether the facility is subject to the industrial general permit or an individual NPDES permit; (10) whether the facility has filed a no exposure certification/notice of non-applicability; (11) facility design; (12) total area of the site, area of the site where industrial or commercial activities occur, and area of the site exposed to rainfall and runoff; (13) the facility’s compliance history; and (14) any other relevant factors.
Tributary to an Impaired Water Body. A facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters: (1) the storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge directly to the impaired water; (2) a flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or (3) an ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired form the facility or activity to the impaired water body during such storm events.
“Urban runoff” means all flows in a storm water conveyance system in the city other than point source discharges in violation of a site-specific NPDES permit. “Urban runoff” includes, but is not limited to, storm water, exempt non-storm water discharges, and illicit discharges.
“Water main” means a potable or recycled water delivery line greater than or equal to four inches in diameter.
“Water quality standards” consist of the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.,) of a water body and criteria (referred to as water quality objectives in the California Water Code) necessary to protect those uses. Under the Water Code, the water boards establish beneficial uses and water quality objectives in water quality control or basin plans. Together with an anti-degradation policy, these beneficial uses and water quality objectives serve as water quality standards under the Clean Water Act. In Clean Water Act parlance, state beneficial uses are called “designated uses” and state water quality objectives are called “criteria.”
“Watercourse” means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water.
“Waters of the United States” means: (1) all waters, which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate “wetlands;” (3) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (a) which are or could be used by interstate or foreign travelers for recreational or other purposes; (b) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (c) which are used or could be used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the United States under this definition: (5) tributaries of waters identified in subsections (1) through (4) of this definition; (6) the territorial seas; and (7) “wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this definition. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EPA. (Ord. 472 § 1, 2017; Ord. 431 § 3, 2011; Ord. 399 § 16, 2009; Ord. 379 § 1, 2008)
13.10.040 General provisions.
A. Responsibility for Administration. This chapter shall be administered for the city of Solana Beach by its authorized enforcement officials.
B. Effective Date. This chapter shall take effect February 24, 2017.
C. Construction and Application. Interpretation of this chapter shall assure consistency with the purpose and intent of this chapter and shall implement the requirements of NPDES Permit No. CAS0109266. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule, or regulation, statute or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards for human health or the environment shall take precedence. Storm water or non-storm water discharges regulated under a valid facility-specific NPDES permit or facility-specific RWQCB waste discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB.
D. Recycled Water. This chapter is not intended to prohibit or prevent the use of recycled water, or the discharge of recycled water after use. This chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment.
E. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid.
F. City Permits and Approvals.
1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating a storm water management plan and incorporation of the Storm Water Standards Manual requirements into the design documents. Submitted materials shall demonstrate how the requirements of this chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this chapter:
a. Coastal development permit;
b. Lot line adjustment;
c. Final map modification;
d. Grading plan (including modification or renewal);
e. Improvement plan (including modification);
f. Landscape plan;
g. Conditional use permit (including modification, minor deviation, or extension);
h. Development review permit (including modification, minor deviation, or extension);
i. Parcel map modification;
j. Specific plan;
k. Structure development permit;
l. Development agreement;
m. Tentative map (including any amendment or time extension);
n. Tentative parcel map;
o. Variance.
2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the city of Solana Beach JRMP will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements:
a. Building permit;
b. Construction right-of-way permit;
c. Encroachment permit;
d. Excavation permit;
e. Sewer construction permit;
f. Underground tank permit;
g. Well permit;
h. Demolition permit.
G. City of Solana Beach Storm Water Standards Manual and Guidance Documents.
1. The city of Solana Beach Storm Water Standards Manual provides guidance, requirements and choices for compliance methods. Authorized enforcement officials may provide additional flexibility using the guidance documents authorized below.
2. Any authorized enforcement official under the supervision of the city engineer may prepare, disseminate and maintain guidance documents, addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illegal connections, and illegal disposal.
These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter or specified in the city of Solana Beach Storm Water Standards Manual.
These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activities and land development activities to prevent or control pollution to the maximum extent practicable (MEP). These additional BMPs shall become mandatory for affected dischargers only after being adopted into the city of Solana Beach JRMP, unless an order is issued pursuant to subsection H of this section.
Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger, or proposed in a grading plan, a SWPPP, an enforcement settlement offer, or any other submittal to the city, are BMPs that will prevent or control pollution to the MEP. These case-specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate, and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case-specific decisions authorized by this chapter.
H. Significant Sources of Pollutants. Authorized enforcement officials shall identify discharges and categories of facilities and activities that are a significant source of contaminants to waters of the United States, despite compliance with this chapter. If any such contamination problem identified by the authorized enforcement official involves more than five identified sources having similar characteristics, the authorized enforcement official shall propose appropriate amendments to this chapter to better control contamination at issue. If the contamination problem identified by the authorized enforcement official is limited to fewer than five identified sources, the appropriate dischargers shall be ordered by the authorized enforcement official to install, implement and maintain additional BMPs to prevent or reduce contamination in storm water and non-storm water to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. A failure to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
I. Determining Whether a Discharge is Tributary to an Impaired Water Body. Areas within which facilities and sources will be presumed to be tributary to an impaired water body are as defined in SBMC 13.10.030 and as identified by the SWRCB and RWQCB’s most recent list of impaired water bodies. The presumption that a discharge is tributary to an impaired water body can be overcome for a particular discharge based on specific facts and analysis presented by a discharger. In making a site-specific determination as to whether a discharge is tributary to an impaired water body, consideration may be given: to the amount of water and pollutant discharged; to whether the pollutant is volatile or degradable; and to whether the pollutant is substantially removed during transport by any natural or manmade features (sinks, infiltration areas, ponds or impoundments, vegetated swales or wetlands, media filtration devices and similar features) located between the site and the impaired water body. Any such analysis must consider common mechanisms for pollutant mobilization, remobilization, and transport over time. Any such analysis and determination shall be disclosed for public review and comment to the extent required by CEQA or by city procedures for permit issuance.
J. Collection and Use of Storm Water. An authorized enforcement official may modify any requirement imposed by this chapter to allow the on-site collection and use of storm water, or the collection or storm water for delivery to and use at city-designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection. (Ord. 472 § 1, 2017; Ord. 431 § 4, 2011; Ord. 379 § 1, 2008)
13.10.050 Discharge prohibitions.
A. Illegal Discharges. Illegal discharges are prohibited except where exempted in SBMC 13.10.060. Unless exempted (SBMC 13.10.060), all non-storm water discharges to the storm water conveyance system or receiving waters are prohibited, including, but not limited to:
1. Sewage;
2. Discharge of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive service facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, and port-a-potty servicing, and similar types of activities;
4. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, carpet cleaning, and similar activities;
5. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial and residential areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating and drinking areas, and similar activities;
6. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil or other hazardous materials;
7. Discharges of pool or fountain water containing chlorine, algaecide, biocides, or other chemicals; discharges of pool or fountain filter backwash water;
8. Discharges of saline swimming pool water unless such discharge can be discharged via a pipe or concrete channel directly to a naturally saline water body (e.g., Pacific Ocean);
9. Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes;
10. Discharges of food-related wastes (such as grease, fish processing, and restaurant kitchen mat and trash bin wash water); and
11. Discharges into the MS4 in a manner causing or threatening to cause a condition of pollution, contamination, or nuisance in the waters of the state.
B. Illegal Connection. The establishment of illegal connections is prohibited. The use of illegal connections is prohibited, even if the connection was established pursuant to a valid city permit and was legal at the time it was constructed.
C. Litter, Dumps, and Stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. (Ord. 472 § 1, 2017; Ord. 431 § 5, 2011; Ord. 379 § 1, 2008)
13.10.060 Conditionally allowed non-storm water discharges.
The following non-storm water discharges are allowed on the condition that they are addressed pursuant to the associated requirements:
A. Any discharge to the MS4 regulated under an NPDES permit issued to the discharger and administered by the state of California pursuant to Division 7 of the California Water Code is allowed; provided, that the discharger is in compliance with all requirements of the applicable NPDES permit and other applicable laws and regulations to the satisfaction of the RWQCB. Except as provided in SBMC 13.10.040(C), these discharges are not otherwise exempted from this chapter.
B. Non-storm water discharges to the MS4 from the following categories of non-storm water discharges are allowed if the discharger obtains coverage under NPDES Permit No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent order) and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or the RWQCB determines in writing that coverage under NPDES Permit No. CAG919002 is not required. Otherwise, non-storm water discharges from the following categories are illicit discharges:
1. Discharges from uncontaminated pumped groundwater;
2. Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year;
3. Discharges from crawl space pumps;
4. Discharges from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year.
C. Non-storm water discharges to the MS4 from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003, or subsequent order), and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illicit discharges.
D. Non-storm water discharges to the MS4 from the following categories are allowed, unless the enforcement official or the Regional Water Quality Control Board identifies the discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illicit discharge:
1. Discharges from diverted stream flows;
2. Discharges from rising groundwater;
3. Discharges from uncontaminated groundwater infiltration to the MS4;
4. Discharges from springs;
5. Discharges from riparian habitats and wetlands;
6. Discharges from potable water sources, except as set forth in subsection C of this section;
7. Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances; and
8. Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-storm water discharges under unusual circumstances.
E. Non-storm water discharges from the following categories are allowed if they are addressed with BMPs as described in SBMC 13.10.070. Otherwise, non-storm water discharges from the following categories are illicit discharges:
1. Air conditioning condensation;
2. Individual residential vehicle washing;
3. Flows from non-emergency fire fighting activities; and
4. Flows from emergency fire fighting activities.
F. Notwithstanding the categories of non-storm water discharges conditionally allowed by subsections A through F of this section, if the Regional Water Quality Control Board or the enforcement official determines that any of these categories of otherwise conditionally allowed non-storm water discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4. (Ord. 472 § 1, 2017)
13.10.070 General BMP requirements.
A. Applicable Requirements. All dischargers in the city must comply with the generally applicable prohibitions and requirements in SBMC 13.10.040 through this section, and must also comply with any other parts of this chapter (including relevant parts of the city of Solana Beach JRMP) that are applicable to the type of facility or activity owned or operated by that discharger.
B. Minimum Best Management Practices for All Dischargers. All dischargers in the city must install, implement and maintain at least the following minimum BMPs:
1. Eroded Soils. Prior to the rainy season, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the storm water conveyance system or receiving waters during the rainy season.
2. Pollution Prevention. Dischargers shall implement those storm water pollution prevention practices that are generally recognized in that discharger’s industry or business as being effective and economically advantageous.
3. Prevention of Illegal Discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed), and illegal discharge practices eliminated.
4. Slopes. Completed slopes that are more than five feet in height, more than 250 square feet in total area, and steeper than 3:1 (run-to-rise) that have been disturbed at any time by clearing, grading, or landscaping shall be protected from erosion prior to the first rainy season following completion of the slope, and continuously thereafter.
5. Storage of Materials and Wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water, or contains contaminated runoff for treatment and disposal.
6. Use of Materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the storm water conveyance system.
C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances.
D. Storm Water Pollution Prevention Plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit a SWPPP for approval by that official if (1) the discharger does not come into compliance with this chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this chapter. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement, and maintain the BMPs specified in the approved SWPPP.
The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the city shall at a minimum meet the requirements of the state NPDES industrial general storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the city shall at a minimum meet the requirements of the state NPDES construction general storm water permit. If a facility required to submit a SWPPP to the city discharges non-storm water to groundwater, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP.
Whenever submission of a SWPPP is required pursuant to this chapter, an authorized enforcement official may take existing city BMPs into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP.
E. Notification of Spills, Releases and Illegal Discharges. Spills, releases, and illegal discharges of pollutants to receiving waters or to the storm water conveyance system shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within 24 hours after discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge.
F. Sampling, Testing, Monitoring, and Reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring, inspection and reporting required by this chapter. In addition, an authorized enforcement official may order a discharger to conduct sampling, testing, inspection or monitoring and to report the results to the city if (1) the authorized enforcement official determines that sampling, testing, inspection or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that sampling, testing, inspection or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the city to provide any information related to the discharger’s activities.
Sampling, testing, inspection and monitoring ordered pursuant to this subsection may include the following:
1. Visual monitoring of dry weather flows, wet weather discharges, erosion, and/or BMPs;
2. Visual monitoring of premises for spills or discharges;
3. Visual observations for proper BMP implementation and warranted modifications to BMP implementation based on site-specific conditions;
4. Laboratory analyses of storm water or non-storm water discharges for pollutants;
5. Background or baseline monitoring or analysis; and
6. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger).
The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported, and may determine when required sampling, testing or monitoring may be discontinued.
G. Air Conditioning Condensation. The discharge of air conditioning condensation should be directed to landscaped areas or other pervious surfaces, or to the sanitary sewer, where feasible.
H. Nonemergency Firefighting Discharges. Building fire suppression system maintenance discharges (e.g., sprinkler line flushing) must be directed to landscaped areas or other pervious surfaces that can accommodate the volume of water; or permitted and directed to the sanitary sewer; or filtered to the satisfaction of the authorized enforcement official. Discharges from controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of pollutants to the MS4.
I. Emergency Firefighting Discharges. BMPs are encouraged to prevent pollutants from entering the MS4 during emergency firefighting activities. BMPs shall not interfere with emergency response operations or impact public health and safety.
J. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB. (Ord. 472 § 1, 2017; Ord. 431 § 7, 2011; Ord. 379 § 1, 2008)
13.10.080 Residential BMP requirements.
A. Applicable Requirements. The requirements in this section apply to all residential dischargers within the city. All residential dischargers must install, implement and maintain the BMPs identified in SBMC 13.10.070(B) for all dischargers, and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger.
B. Motor Vehicle or Boat Repair and Maintenance.
1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation.
2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly.
3. Automotive and boat materials and wastes must be stored indoors, or under cover, or in secure and watertight containers.
C. Motor Vehicle Washing.
1. Vehicles shall be washed over porous surfaces such as lawns and gravel areas where feasible.
2. Discharge of wash water shall be directed to landscaped areas or other pervious surfaces where feasible.
3. The use of water, washing detergent and other vehicle wash products used for residential vehicle washing shall be minimized.
4. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required.
5. The use of “hose off” or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly.
6. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer.
D. Motor Vehicle Parking.
1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming, or sweeping).
2. Residents shall move vehicles from streets when notified to do so to allow street cleaning.
E. Home and Garden Care Activities and Product Use.
1. Irrigation systems should be adjusted to avoid excessive runoff.
2. Spills of gardening chemicals, fertilizers or soils to nonporous surfaces must be cleaned up and properly disposed.
3. Lawn and garden care products must be stored in closed labeled containers, or in covered areas, or off the ground under protective tarps.
4. Household hazardous waste may not be disposed directly or indirectly to the trash or to the street, gutter or storm drain.
F. Home Care and Maintenance.
1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters.
2. Action shall be taken to minimize and contain all spills of hazardous materials, if it is safe to do so.
3. Household hazardous materials must be stored indoors or under cover, and in closed and labeled containers.
4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required.
G. Manure and Pet Waste Management.
1. Manure deposited by confined livestock, horses or other large animals on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least twice weekly and either be composted, or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system.
2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system.
3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters.
H. Private Sewer Laterals and On-Site Wastewater Systems.
1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On-site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills.
2. Spills from private sewer laterals and on-site wastewater systems shall be contained and cleaned up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters.
3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the city.
4. Failed on-site wastewater systems shall be repaired or replaced, after issuance of all required permits and approvals. (Ord. 472 § 1, 2017; Ord. 431 § 8, 2011; Ord. 379 § 1, 2008)
13.10.090 Commercial BMP requirements.
A. Priorities and Requirements. All commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the city of Solana Beach JRMP, for the priority classification and category of activity or facility owned or operated by that discharger. All commercial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered.
B. High Threat Commercial Facilities Identified. Commercial facilities in the city having one or more of the following characteristics are high threat commercial facilities:
1. The facility is a high threat commercial facility primarily engaged in one of the following commercial activities. High threat commercial facilities, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the manual for each such type of facility or activity.
a. Automobile repair, maintenance, fueling, or cleaning;
b. Airplane mechanical repair, maintenance, fueling, or cleaning;
c. Boat repair, maintenance, fueling, or cleaning;
d. Equipment repair, maintenance, fueling, or cleaning;
e. Automobile and other vehicle body repair or painting;
f. Mobile automobile or other vehicle washing;
g. Automobile (or other vehicle) parking lots and storage facilities;
h. Retail or wholesale fueling;
i. Pest control services;
j. Eating or drinking establishments including food markets;
k. Mobile carpet, drape or furniture cleaning;
l. Cement mixing or cutting;
m. Masonry;
n. Painting and coating;
o. Botanical and zoological gardens and exhibits;
p. Landscaping;
q. Nurseries and greenhouses;
r. Golf courses, parks and other recreational areas/facilities;
s. Cemeteries;
t. Pool and fountain cleaning;
u. Marinas;
v. Portable sanitary services;
w. Building material retailers and storage;
x. Animal facilities; and
y. Power washing services.
2. The facility is a high threat commercial facility that has outdoor industrial areas totaling two acres or more or an outdoor parking lot for 100 or more vehicles; and storm water or runoff from the facility may adversely affect impaired waters or waters within an ESA.
3. The facility is a high threat commercial facility and has been notified in writing by an authorized enforcement official that it is a high threat commercial facility. Such designations shall take effect 90 days after mailing or service of this notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards.
C. Additional Minimum Best Management Practices for All High Threat Commercial Facilities. All high threat commercial facilities shall install, implement and maintain the BMPs specified in the city of Solana Beach JRMP in the following areas:
1. Employee training;
2. Storm water pollution prevention plans;
3. Storm drain signage and stenciling;
4. Annual review of facilities and activities;
5. Pollution prevention;
6. Materials and waste management;
7. Vehicles and equipment; and
8. Outdoor areas.
D. Additional Minimum Best Management Practices for Specific Activities at High Threat Commercial Facilities. High threat commercial facilities shall install, implement, and maintain the BMPs specified in the city of Solana Beach JRMP for specific areas at the facility, if any, where any of the following activities are conducted:
1. Vehicle and equipment operations;
2. Materials and waste management (including tanks); and
3. Outdoor work and storage functions.
E. Best Management Practices for Specific Types of High Threat Commercial Facilities and Activities. High threat commercial facilities, including, but not limited to, the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the city of Solana Beach JRMP for each type of facility and activity:
1. Automobile repair, maintenance, fueling, or cleaning;
2. Outdoor storage of vehicles and equipment;
3. Retail or wholesale fueling;
4. Vehicle body repair and painting;
5. Painting and coating;
6. Eating or drinking establishments;
7. Botanical and zoological gardens and exhibits;
8. Golf courses, parks and other recreational facilities;
9. Parking lots and storage facilities;
10. Cement mixing or cutting;
11. Mobile carpet, drape and furniture cleaning;
12. Masonry storage or installation;
13. Pool and fountain cleaning;
14. Portable sanitary toilet servicing;
15. Mobile vehicle washing;
16. Pest control;
17. Landscaping;
18. Portable sanitary services;
19. Animal facilities; and
20. Power washing services.
F. Mobile Businesses. For the purposes of this code, “mobile business” shall mean a business that provides a service by motor vehicle at various locations. Mobile businesses shall comply with all city business licensing requirements and discharge prohibitions of this chapter, and shall implement and maintain BMPs specified in this chapter and the city of Solana Beach JRMP. (Ord. 472 § 1, 2017; Ord. 431 §§ 9 – 13, 2011; Ord. 379 § 1, 2008)
13.10.100 Industrial facility BMP requirements.
A. Priorities and Requirements. All industrial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the city of Solana Beach JRMP for the category of activity or facility owned or operated by that discharger. All high threat industrial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered.
B. High Threat Industrial Facilities. Industrial facilities that have one or more of the characteristics listed below are high threat industrial facilities:
1. Industrial facilities, as defined at 40 CFR 1222.26(b)(14), including those subject to the industrial general permit or other individual NPDES permit.
2. Operating and closed landfill.
3. Facilities subject to SARA Title III.
4. Hazardous waste treatment, disposal, storage and recovery facilities.
5. The facility is a high threat industrial facility and storm water or runoff from the facility is tributary to an impaired water body, and the facility generates a pollutant for which that water body is impaired.
6. The facility is a high threat industrial facility and is located within or adjacent to (i.e., within 200 feet of), or discharges directly to, a coastal lagoon or a receiving water body within an ESA.
7. The facility was notified in writing by an authorized enforcement official that it has been designated a high threat industrial facility. Such designations shall take effect 90 days after mailing or service of notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards.
C. Additional Minimum BMPs and Other Additional Requirements for Industrial Facilities Subject to the Industrial General Permit.
1. Notice of Intent. Industrial dischargers required to comply with the state industrial general storm water permit shall maintain on site and make available for inspection on request by the city the state-issued waste discharge identification number (WDID) for the facility, and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the city by mail if directed to do so by an authorized enforcement official.
2. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state industrial general storm water permit must prepare the plan, implement the plan and maintain it at the site readily available for review. If an industrial facility is not required to prepare a state SWPPP, the facility shall prepare a SWPPP, submit that SWPPP for city approval or modification and approval, implement the SWPPP, and maintain it on site. Failure to comply with an applicable state-required or city-required plan is a violation of this chapter.
3. Pollution Prevention Practices. Industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff:
a. The use of smaller quantities of toxic materials or substitution of less toxic materials;
b. Changes to production processes to reduce waste;
c. Decreases in wastewater flows;
d. Recycling of wastes as part of the production process;
e. Segregation of wastes; and
f. Treatment of wastes on site to decrease volume and/or toxicity.
4. Nonstructural BMPs. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, the following nonstructural BMPs. The implementation of these practices shall be consistent with city requirements.
a. BMPs for material handling and storage of significant materials;
b. BMPs for nonhazardous waste handling and recycling;
c. Employee training programs;
d. Good housekeeping practices;
e. Preventive maintenance practices;
f. Self-inspection and quality assurance practices; and
g. Spill response planning.
5. BMPs for Specific Activities. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, BMPs as specified in the manual for any commercial activities conducted at the facility (as identified in SBMC 13.10.090), and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following:
a. Raw or processed materials bulk storage;
b. Mixing, where there is the potential for release of a pollutant;
c. Cutting, trimming or grinding in connection with a production process;
d. Casting, forging, or forming;
e. Hazardous materials storage (including tanks);
f. Construction, painting and coating;
g. Pesticide or other chemical products formulation or packaging;
h. Process water pretreatment;
i. Solid waste storage;
j. Wastewater treatment;
k. Welding;
l. Blasting;
m. Chemical treatment; and
n. Power washing.
6. Additional Structural BMPs. Industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, one or more of the additional structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in runoff from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility.
a. Overhead coverage of outdoor work areas or chemical storage;
b. Retention ponds, basins, or surface impoundments that confine storm water to the site;
c. Berms and concrete swales or channels that divert run-on and runoff away from contact with pollutant sources;
d. Secondary containment structures; and
e. Treatment controls, e.g., infiltration devices and oil/water separators, to reduce pollutants in storm water or authorized non-storm water discharges.
D. Monitoring at Industrial Facilities Subject to the Industrial General Permit. Dischargers owning or operating industrial facilities subject to the industrial general permit are required to conduct monitoring under the state industrial general storm water permit and shall make records of such monitoring available for inspection, and submit a copy of such records to the city if directed to do so by an authorized enforcement official. State exceptions from monitoring requirements are also applicable to this requirement, and group monitoring approved by the state is also acceptable to the city. The city may direct that any required records be submitted in a specified electronic format. (Ord. 472 § 1, 2017; Ord. 431 § 14, 2011; Ord. 379 § 1, 2008)
13.10.110 Agricultural BMP requirements.
A. Nursery and Greenhouse Operations. Nursery and greenhouse operations are classified as commercial operations for purposes of this chapter, and are subject to all requirements for high threat commercial facilities set out in this chapter.
B. Agricultural Grading and Clearing. The BMP requirements imposed by SBMC 13.10.140 for land disturbance activity apply to agricultural grading and clearing, whether or not a city-issued grading and clearing permit is required for that activity. Tilling or cultivating land exclusively for the purpose of growing plants or animals is not considered to be grading or clearing, provided all disturbed material remains on the same site, the tilling or cultivating will not block or divert any natural drainage way, and the land to be tilled or cultivated has been in agricultural production for at least one of the preceding five years.
C. Land Development Associated with Agricultural Operations. The requirements imposed by SBMC 13.10.150 for land development activity apply to such activities when they are associated with agricultural operations.
D. Manure Management.
1. Where practicable, all runoff from areas where livestock, horses or other large animals are confined must be collected and managed in a manner that avoids a discharge to the storm water conveyance system or receiving waters. Where this is not practicable, manure must be cleaned up at least twice weekly; and must either be composted, or stored prior to disposal.
2. Areas used for storing or composting manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system.
3. Animal wastes shall not be disposed to the storm water conveyance system or receiving waters.
E. Other Agricultural Operations. Other agricultural operations are subject to the discharge prohibitions and other requirements set out in SBMC 13.10.010 through 13.10.060. Agricultural operations located within or adjacent to (i.e., within 200 feet of), or which discharge directly to, an impaired water body or a coastal lagoon or a receiving water body within an ESA are also subject to the requirements set out in SBMC 13.10.070. (Ord. 472 § 1, 2017; Ord. 431 § 15, 2011; Ord. 379 § 1, 2008)
13.10.120 Municipal facility BMP requirements.
Municipal facilities must meet the requirements set out in SBMC 13.10.010 through 13.10.070, and where applicable, SBMC 13.10.140 and 13.10.150. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in SBMC 13.10.100 or in the city of Solana Beach JRMP for industrial areas and activities at the municipal facility. (Ord. 472 § 1, 2017; Ord. 431 § 16, 2011; Ord. 379 § 1, 2008)
13.10.130 City jurisdictional runoff management plan (“JRMP”).
A. Effect of JRMP – City of Solana Beach JRMP. All dischargers who are required by this chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the city of Solana Beach JRMP and city of Solana Beach Storm Water Standards Manual, which is an attachment to the adopted and approved JRMP required by the San Diego Regional Water Quality Control Board (R9-2013-0001), for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this chapter must conform to the applicable specifications, if any, set out in the city of Solana Beach JRMP.
B. Existing Development. The city of Solana Beach JRMP sets out minimum BMPs and other objective specifications for specific types and categories of existing development and activities. Where minimum BMPs and objective specifications are specified, they are mandatory. Where no minimum BMPs have been specified in the city of Solana Beach JRMP for a type and category of existing development or activity, only the requirements set out in this chapter are applicable. Deviations from the minimum BMPs set out in the city of Solana Beach JRMP are allowed in the following circumstances: (1) the city determines pursuant to SBMC 13.10.040(H) to issue an order to require alternative BMPs, and provides the required written notice; or (2) a city guidance document prepared pursuant to SBMC 13.10.040(G) sets out additional compliance alternatives that may be used in lieu of the BMPs specified in the city of Solana Beach JRMP, and the discharger secures a permit enforceable by the city that requires the use of specific equally effective alternative BMPs.
C. Ministerial Land Development Projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in SBMC 13.10.040(F)(2) are set out in separately identified sections of the city of Solana Beach JRMP. Other requirements in the city of Solana Beach JRMP are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this chapter as residential, commercial or industrial facilities.
D. Discretionary Land Development and Redevelopment Projects. In addition to the requirements of the city of Solana Beach Storm Water Standards Manual, the city of Solana Beach JRMP sets out minimum BMPs, other objective specifications, and water quality standards for land development projects requiring one or more of the discretionary permits listed in SBMC 13.10.040(F)(1). The minimum BMPs and other objective specifications in the city of Solana Beach JRMP are applicable to both ministerial and discretionary land development projects. The BMPs in the city of Solana Beach JRMP are applicable to projects that require a discretionary city permit or approval, and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity, and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards.
E. Conflicting or More Detailed Requirements. In case of any conflict between any applicable minimum BMPs specified in this chapter or the city of Solana Beach JRMP, and any applicable requirements described in more detail for a particular type of facility in this chapter or the city of Solana Beach Storm Water Standards Manual, the more specific requirement shall prevail. (Ord. 472 § 1, 2017; Ord. 431 § 17, 2011; Ord. 379 § 1, 2008)
13.10.140 Land disturbance activity BMP requirements.
A. Permit Issuance. No land owner or development project proponent shall receive any city grading, clearing, building or other land development permit required for land disturbance activity without first meeting the requirements of this chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply.
B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the city, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this chapter; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C. Storm Water Management Plan. All applications to the city for a permit or approval associated with a land disturbance activity must be accompanied by a storm water management plan, on a form or in a format specified by the city. The storm water management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection D of this section.
D. Additional Minimum BMPs for Land Disturbance Activity. Whether a city permit or approval is required or not, and whether a storm water management plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the city of Solana Beach JRMP in the following additional areas if applicable to the project:
1. Erosion control on slopes;
2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas;
3. Runoff velocity reduction;
4. Sediment control;
5. Off-site sediment tracking control;
6. Materials management;
7. Waste management;
8. Vehicle and equipment management;
9. Water conservation;
10. Structure construction and painting;
11. Paving operations;
12. Dewatering operations;
13. Planned construction operations;
14. Downstream erosion control;
15. Prevention of non-storm water discharges;
16. Protection of groundwater.
E. Control to the Maximum Extent Practicable. All dischargers engaged in land disturbance activity must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP.
F. Notice of Intent. Dischargers required to comply with the state construction general storm water permit shall maintain on site and make available for inspection on request by the city any state-issued waste discharge identification number (“WDIN”) for the site, and a copy of the notice of intent (“NOI”) filed with the SWRCB pursuant to that permit.
G. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state construction general storm water permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state-required SWPPP is a violation of this chapter.
H. Facility Monitoring. Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official.
I. Advanced Treatment. Dischargers shall implement advanced treatment for sediment at construction sites that are determined by the city to be an exceptional threat to water quality. In evaluating the threat to water quality, the following factors and other criteria specified in the city of Solana Beach JRMP shall be considered:
1. Soil erosion potential or soil type;
2. The site’s slopes;
3. Project size and type;
4. Sensitivity of receiving water bodies;
5. Proximity to receiving water bodies;
6. Non-storm water discharges;
7. Ineffectiveness of other BMPs; and
8. Any other relevant factors. (Ord. 472 § 1, 2017; Ord. 431 §§ 18, 19, 2011; Ord. 379 § 1, 2008)
13.10.150 Land development and redevelopment BMP requirements.
A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the city shall receive any city permit or approval listed in SBMC 13.10.040(F) for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter and the requirements in the city of Solana Beach JRMP. Post-construction BMP requirements imposed by this section and by the city of Solana Beach JRMP shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid city permit or approval, at the time a complete application for a subsequent permit or approval is submitted.
B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which land development activity is performed, are dischargers for purposes of this chapter; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C. Post-Construction Best Management Practices Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed shall be designed to include and shall design and implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives in accordance with the requirements in the city of Solana Beach JRMP and Storm Water Standards Manual.
D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever practicable for post-construction BMPs that are proposed by a discharger.
E. Post-Construction Storm Water Management Plan. All applications to the city for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post-construction storm water management plan on a form or in a format specified by the city. The plan shall specify the manner in which the discharger/applicant will implement the post-construction BMPs required by this chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Post-construction BMPs for other aspects of the project need not be addressed in this plan.
F. Storm Water Management Plan Review Fee and Deposit. Fees for storm water management plan review and deposit thereof may be adopted by resolution of the city council.
G. Control to the Maximum Extent Practicable. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post-construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. (Ord. 472 § 1, 2017; Ord. 431 §§ 20, 21, 2011; Ord. 379 § 1, 2008)
13.10.160 Maintenance of BMPs.
A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter.
B. New Development. The owners and occupants of lands on which structural post-construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs, and shall themselves maintain those BMPs if other persons or entities who are also obliged to maintain those BMPs (by contract or covenant, or pursuant to this chapter) fail to do so.
C. Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the city pursuant to this chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obligated to maintain that BMP pursuant to this chapter.
D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of city enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter.
E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer.
F. Maintenance Plans for Land Development Projects. The proponents of any land development project or significant redevelopment project that requires a discretionary city permit shall provide to the city for review and approval, prior to issuance of such permit, a plan for maintenance of all post-construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post-construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three years.
G. Access Easement/Agreement. The proponents of any land development project or significant redevelopment project that requires a discretionary city permit shall provide to the city for review and approval prior to issuance of such permit an executed, permanent easement onto the land on which post-construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs.
H. Security for Maintenance for Land Development Projects. If it is determined by the enforcement official that the public interest requires the posting of a bond or other security to assure the maintenance of a BMP, such bond or security may be required by the enforcement official. (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.170 Inspection and sampling.
A. Regulatory Inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
B. Access Easements. When any new structural BMP is installed on private property as part of a project that requires a city permit, in order to comply with this chapter, the property owner shall grant to the city an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate and effective to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this chapter. This may include but may not be limited to sampling, metering, visual inspections, and records review. Where samples are collected, the owner or operator may request and receive split samples. Records, reports, analyses, or other information required under this chapter may be inspected and copied, and photographs taken to document a condition and/or a violation of this chapter. (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.180 Enforcement.
Authorized enforcement officials may enforce this chapter and abate public nuisances as follows:
A. Administrative Authorities.
1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in this chapter and in Chapter 1.18 SBMC. Administrative penalties may include the recovery of fines assessed against the city of Solana Beach by the RWQCB. Any later-enacted administrative penalty provision in the Solana Beach Municipal Code shall also be applicable to this chapter, unless otherwise provided therein.
2. Cease and Desist Orders. Written and/or verbal orders may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official.
3. Notice and Order to Clean, Test or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city of Solana Beach storm water conveyance system or a non-storm water discharge to the city of Solana Beach storm water conveyance system, he or she may issue orders and give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections (A)(2) and (3) of this section are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapters 1.16 and 6.04 SBMC. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure.
5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.
6. Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other city license suspension or revocation in accordance with applicable sections of the Solana Beach Municipal Code.
B. Judicial Authorities.
1. Civil Penalties and Remedies. The city attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in Chapter 1.16 SBMC. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2. Injunctive Relief. The city may enforce compliance with this chapter by judicial action for injunctive relief. Compliance may include assessment of the violator 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; and/or the costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city of Solana Beach to be used for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in the California Penal Code, and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter. (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.190 Other acts and omissions that are violations.
In addition to the violations identified in SBMC 13.10.010 through 13.10.170, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity:
A. Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, aiding, or abetting noncompliance with any part of this chapter constitutes a violation of this chapter.
B. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the city concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay city enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for some or all of any fines or penalties imposed pursuant to this chapter, or by the RWQCB.
D. City Permits and SWPPPs. Any failure to conform to an applicable storm water pollution prevention plan (SWPPP) prepared pursuant to this chapter; any failure to comply with storm water-related provisions of a city-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water-related provisions in any other city permit or approval is also a violation of this chapter. For purposes of this chapter, a permit provision or condition of approval is “storm water-related” if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating runoff flow rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. (Ord. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.200 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. 472 § 1, 2017; Ord. 379 § 1, 2008)
13.10.210 Severability.
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances. (Ord. 472 § 1, 2017; Ord. 431 § 22, 2011)
Prior legislation: Ords. 184 and 277.