CHAPTER 8
STORMWATER DISCHARGE
SECTION:
§4090.5 PROHIBITION OF ILLEGAL DISCHARGES:
§4090.6 POLLUTANTS IN STORMWATER:
§4090.10 COMPLIANCE DETERMINATION:
§4090.11 NOTIFICATION OF SPILLS:
§4090.12 AUTHORITY TO INSPECT:
§4090.13 AUTHORITY TO SAMPLE, ESTABLISH SAMPLING DEVICES, AND TEST:
§4090.15 APPEAL OF NOTICE OF VIOLATION:
§4090.16 METHOD OF GIVING NOTICE:
§4090.18 CHARGING COST OF ABATEMENT; LIENS:
§4090.23 VIOLATIONS DEEMED A PUBLIC NUISANCE:
§4090.24 VIOLATION OF FEDERAL AND/OR CALIFORNIA ACTS:
§4090.1 PURPOSE
The purpose and intent of this chapter is to ensure the health, safety, and general welfare of the residents of the city of Ukiah, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the federal clean water act (33 USC section 1251 et seq.), and national pollutant discharge elimination system (NPDES) phase II stormwater regulations for small municipal separate storm sewer systems, by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting nonstormwater discharges to the storm drain system. (Ord. 1115, §1, adopted 2009)
§4090.2 DEFINITIONS
For purposes of this chapter, the following terms shall be defined as follows:
BEST MANAGEMENT PRACTICES ("BMP"): Activities, practices, and procedures implemented to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include, but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of nonstormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.
CITY: The city of Ukiah.
CLEAN WATER ACT: The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY: Activities subject to national pollutant discharge elimination system ("NPDES") construction permits. These include construction projects resulting in land disturbance of one or more acres. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed1.
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in subsections 4090.5B1 through B3 of this chapter.
ILLICIT CONNECTION: Is defined as either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, processed wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMITS: General, group, and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the clean water act. The California regional water quality control board, north coast region (hereinafter, "regional board") and the state water resources control board have adopted general stormwater discharge permits, including, but not limited to, the general construction activity and general industrial activity permits.
NONSTORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater or any release of pollutants that potentially or actually discharges to the city’s storm drain system.
POLLUTANT: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
POLLUTION: The human made or human induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses2.
PORTER-COLOGNE ACT: The Porter-Cologne water quality control act3, as amended.
PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAIN SYSTEM: Publicly owned facilities operated by the city by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, creeks, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 code of federal regulations section 122.2.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.
WATERS OF THE UNITED STATES: Surface watercourses and water bodies as defined at 40 code of federal regulations section 122.2 including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (Ord. 1115, §1, adopted 2009)
§4090.3 APPLICABILITY
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city. (Ord. 1115, §1, adopted 2009)
§4090.4 ADMINISTRATION
The city manager of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city manager may be delegated in writing by the city manager to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 1115, §1, adopted 2009)
§4090.5 PROHIBITION OF ILLEGAL DISCHARGES
A. The release of nonstormwater discharges to the city’s stormwater system is prohibited.
B. The following discharges are exempt from the prohibition set forth in subsection A of this section:
1. Any discharge in compliance with an NPDES permit issued to the discharger and administered by the state of California under the authority of the United States environmental protection agency;
2. Discharges from the following activities will not be considered a prohibited discharge to the city’s stormwater system when properly managed: flushing of potable water from potable water lines and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, runoff from individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, flows from emergency firefighting, and other flows necessary for implementing BMPs directed or approved by the city manager;
3. With written concurrence of the regional water quality control board, the city may exempt, in writing, other nonstormwater discharges that are not a source of pollutants to the storm drain system or waters of the United States.
C. Any discharge that would result in, or contribute to, a violation of any NPDES permit for stormwater discharges from within the city and any amendment, revision, or reissuance of such permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge.
D. It is unlawful to establish, use, maintain, or continue unauthorized drainage connections to the city’s stormwater system.
E. It is unlawful to establish, use, maintain, or continue drainage connections to the city’s stormwater system that are or may be a source of prohibited discharges.
F. It is unlawful to commence or continue any unauthorized and/or prohibited discharges to the city’s stormwater system.
G. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any stormwater system or upon any public or private plot of land in the city so that the same might become a pollutant, except in lawfully established waste disposal facilities. (Ord. 1115, §1, adopted 2009)
§4090.6 POLLUTANTS IN STORMWATER
A. Any person engaging in activities that may result in pollutants entering the city’s stormwater system shall undertake all practicable measures to reduce and/or eliminate such pollutants. All activities that do actually, or may potentially, result in the deposit of pollutants in or on the city’s stormwater system, in any tributary of this system, and all land which drains to either this system or any of its tributaries shall be construed as activities which may result in pollutants entering the city’s stormwater system. Examples of such activities include, but are not limited to, ownership and use of premises that may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises, and dwelling units.
B. Any construction contractor performing work in the city shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the stormwater system.
C. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related stormwater systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the stormwater system.
D. Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within his or her property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
E. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste and/or yard waste, as appropriate.
F. Each discharger associated with construction activity disturbing more than one acre, or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States environmental protection agency, the state water resources control board, or the California regional water quality control board, north coast region, shall provide the notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general stormwater permit to the city manager, and shall pay any associated monitoring and enforcement fees to the city that may be set by the city council. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.
G. Where best management practice guidelines or requirements have been adopted or published by the environmental protection agency, the regional water quality control board, or the city, for any activity, operation or facility which may cause or contribute to prohibited discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement.
H. The city manager may require any business in the city that is engaged in activities which may result in prohibited discharges to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.
I. The city manager may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in the ordinance. (Ord. 1115, §1, adopted 2009)
§4090.7 ILLEGAL DISCHARGES
The city manager may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 1115, §1, adopted 2009)
§4090.8 ILLICIT CONNECTIONS
A. The city manager may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date hereof.
B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 1115, §1, adopted 2009)
§4090.9 REMEDIATION
Whenever the city manager finds that a discharge of pollutants is taking place or has occurred which will result in, or has resulted in, pollution of stormwater, the storm drain system, or waters of the U.S., the city manager may require by written notice to the owner of the property or the responsible person that the pollution be remediated and the affected property restored within a specified time. (Ord. 1115, §1, adopted 2009)
§4090.10 COMPLIANCE DETERMINATION
The city manager may require by written notice that any person engaged in any activity or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, or nonstormwater discharges to the storm drain system or waters of the U.S., shall undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter. (Ord. 1115, §1, adopted 2009)
§4090.11 NOTIFICATION OF SPILLS
A. The owner of a commercial facility or the persons responsible for emergency response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures to assure:
1. Immediate notification is provided to the city department of public works of any suspected, confirmed, or unconfirmed release of material, pollutants, or waste creating a risk of discharge into the city stormwater system;
2. Immediate notification is given to the "9-1-1" emergency response system if said discharge poses an immediate threat to the public health or safety and/or the environment;
3. Written notification is provided to the city manager within five (5) working days.
B. Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any nonstormwater discharge or of any pollutant that threatens to enter the city’s stormwater system are immediately recognized and that appropriate response is taken in the event of such release.
C. As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of a nonstormwater discharge entering, or of any pollutant that is threatening to enter, the city stormwater system from such facility, such person shall take all necessary steps to ensure the early discovery and containment and clean up such release and shall immediately notify the city department of public works. In addition, written notification shall be given to the city manager within five (5) working days. This written notification shall contain, as a minimum, a narrative describing the circumstances resulting in the release, or threatened release, the effort taken to clean up the release and the measures being taken to prevent reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications. (Ord. 1115, §1, adopted 2009)
§4090.12 AUTHORITY TO INSPECT
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the city manager has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the city manager may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 1115, §1, adopted 2009)
§4090.13 AUTHORITY TO SAMPLE, ESTABLISH SAMPLING DEVICES, AND TEST
During any inspection as provided herein, the city manager may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 1115, §1, adopted 2009)
§4090.14 NOTICE OF VIOLATION
Whenever the city manager finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city manager may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or discharges;
C. That violating discharges, practices, or operations shall cease and desist;
D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
E. Payment of a fine to cover administrative and remediation costs; or
F. The implementation of source control or treatment of BMPs.
If abatement of a violation or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the city manager and the expense thereof shall be charged to the violator. (Ord. 1115, §1, adopted 2009)
§4090.15 APPEAL OF NOTICE OF VIOLATION
Notwithstanding the provisions of section 4090.20 of this chapter, any person receiving a notice of violation under section 4090.14 of this chapter, may appeal the determination of the city manager to a hearing officer appointed by the city council. The notice of appeal must be received by the city clerk within five (5) days from the date of the notice of violation. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant’s right to an appeal and the decision of the city manager shall become final. Unless the appellant and the city agree to a longer time period, the appeal shall be heard by an impartial and qualified hearing officer within thirty (30) days of receipt of the notice of appeal. To be considered qualified, the hearing officer shall have substantial education, training and/or experience in construction, hydrology, environmental science, law or related fields. At least ten (10) days prior to the hearing, the city shall mail notice of the time and place of the hearing to the appellant. The hearing officer shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The hearing officer shall issue a written decision within ten (10) days of the date of the hearing. The decision of the city hearing officer is final. (Ord. 1115, §1, adopted 2009)
§4090.16 METHOD OF GIVING NOTICE
Whenever notice is required or permitted under this chapter, it shall be given by personal delivery or by certified or registered mail, return receipt requested. Notice shall be given to the city: Attention: City Manager, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482. Notice shall be given to a property owner at the owner’s address as contained in the Mendocino County assessor’s records. Notice shall be given to an occupant or tenant of property at the address of the property. Notice shall be given to a contractor at the address on file with the California state contractor’s licensing board or on a city of Ukiah business license issued to the contractor. Notice shall be deemed given and received on the date personally delivered, on the date on the return receipt or seventy two (72) hours after deposit in the United States mail, whichever first occurs. (Ord. 1115, §1, adopted 2009)
§4090.17 ABATEMENT BY CITY
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under section 4090.15 of this chapter, within ten (10) days of the decision of the city council upholding the decision of the city manager, then the city or a contractor designated by the city manager shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 1115, §1, adopted 2009)
§4090.18 CHARGING COST OF ABATEMENT; LIENS
Within thirty (30) days after abatement of the nuisance by the city, the city manager shall notify the property owner of the cost of abatement, including administrative costs and attorney fees. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within fifteen (15) days. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be set forth by resolution and shall be final.
If the amount due is not paid within ten (10) days of the decision of the city council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment in accordance with Government Code section 38773.5. A copy of the resolution shall be filed with the county auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 1115, §1, adopted 2009)
§4090.19 URGENCY ABATEMENT
The city manager is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the city manager, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. (Ord. 1115, §1, adopted 2009)
§4090.20 VIOLATIONS
A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.
B. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the city may be fined by the state water resources control board or the amount of any civil liability imposed on the city for noncompliance with the municipal stormwater discharge permit for the city.
C. Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.
D. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 1115, §1, adopted 2009)
§4090.21 PENALTIES
A. Infractions: An infraction is punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code provision within a twelve (12) month period;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same code provision within a twelve (12) month period;
4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of three (3) or more violations of the same code provision within a twelve (12) month period. For the purpose of this subsection, a bail forfeiture is considered a conviction of the offense charged;
5. An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial nor to a public defense unless arrested and not released.
B. Misdemeanors: A misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding six (6) months, or both. (Ord. 1115, §1, adopted 2009)
§4090.22 COMPENSATORY ACTION
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city manager may impose upon a violator alternative compensatory actions, including, but not limited to, storm drain labeling, attendance at compliance workshops, and creek cleanup. (Ord. 1115, §1, adopted 2009)
§4090.23 VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city. (Ord. 1115, §1, adopted 2009)
§4090.24 VIOLATION OF FEDERAL AND/OR CALIFORNIA ACTS
Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the federal clean water act and/or the Porter-Cologne act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability. (Ord. 1115, §1, adopted 2009)
Health & S.C. §25117.
Water C. §13050.
Water C. §13000 et seq.