HomeMy WebLinkAboutStaff Report 4.F 06/15/2015i y
DATE: June 15, 2015
Agenda Item #4.F
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: D n , F.ASCE — Director, Public Works and Utilities
Leah Wa ker, P.E. - Environmental Services Manager
SUBJECT: Introduction of Ordinance (First Reading) Amending Water Conservation and
Stormwater Management and Pollution Control Regulations Contained in
Sections 15.17.020, 15.17.050, 15.80.040, 15.80.070, 15.80.100, 15.80.140,
15.80.150, 15.80.190, 15.80.200, and 15.80.230 of the Petaluma Municipal Code
to Comply with State Requirements in the City of Petaluma's Stormwater Permit
RECOMMENDATION
It is recommended that the City Council introduce the attached Ordinance to Update the
Stormwater Ordinance and Landscape Ordinance to Comply with State Requirements in the City
of Petaluma's Stormwater Permit.
BACKGROUND
The City of Petaluma Municipal Code is revised periodically to address sections which require
clarification, are no longer current with regulatory requirements, or do not reflect present
practices. Doing so provides the responsible department with authority to conduct appropriate
and required activities. This action addresses the storm sewer system.
The City of Petaluma's Municipal Separate Storm Sewer System (MS4) is regulated by the State
Water Resources Control Board (SWRCB) via a state -wide General Permit for Phase II Small
MS4s (General Permit). Small MS4s are defined by the General Permit as storm sewer systems
that serve populations of less than 100,000 people. The General Permit requires all Phase II
municipalities to review and revise relevant ordinances or other regulatory mechanisms, or adopt
new ordinances or other regulatory mechanisms necessary to carry out the required program. A
municipality is required to obtain adequate legal authority, to the extent allowable under state or
local law, to control pollutant discharges into and from, as applicable, its MS4 system as called
out in section E.6.a of the General Permit.
Sections 15.80 and 15.17.050 of the City's Municipal Code address discharges to the MS4
system but do not completely fulfill the requirements as outlined in the General Permit. The
proposed amendments to the Municipal Code will bring the City into compliance with the State
requirements, and assist staff in meeting the 2.025 General Plan Goal 8 -G -10 of "Reducing
pollutant loads in surface water runoff, thereby improving water quality within the Petaluma
River and its tributaries ". The amendments will also assist in meeting the City Council's goal for
2015 and 2016 of "completing a comprehensive plan for major systems and programs for storm
water management ".
DISCUSSION
The City's Municipal Code addresses discharges of pollutants to the City's MS4 system
including all non -storm water discharges. However the Code needs to be updated to comply with
the General Permit. The recommended modifications will amend sections of the Code without
making major modifications to the Code's structure. The following changes to Chapter 15 of the
Municipal Code per the General Permit will bring the Code into compliance:
Section 15.80.040
Add definition from General Permit for "incidental runoff'.
Section 15.80.070
Modify section to incorporate exceptions listed in the General Permit. The following
actions are permissible by the Petaluma Municipal Code and are not allowed in the
General Permit: discharges from landscape irrigation, irrigation water, and lawn
watering. In addition to removing the non - permitted discharges, the section will
reference the Landscape Water Use Efficiency Standards for irrigation overspray.
Section 15.80.100
Add language to address illicit discharges similar to the General Permit. Updated
language will modify the section to include "Illicit Discharges" to the title and describe
specific prohibited connections and discharges to the MS4 as required by the General
Permit section E.6.a.(ii).(b)
Section 15.80.190
Add language to require response to a spill. This section currently addresses the
requirements regarding notification of spills. The modifications to the sections will add
spill response requirements in addition to the requirements to notify regulatory staff.
The title of this section will also be changed to address the response requirements in
General Permit section E.6.a.(ii).(c)
Section 15.80.150
Add language to require that new and redeveloped lands comply with Best
Management Practices (BMPs) and provide authority for the City to review designs and
proposals for new development and redevelopment as addressed in General Permit
section E.6.a.(ii).(e) and section E.6.a.(ii).(f
Section 15.80.140
Change language to require that industrial and commercial customers adopt BMPs
consistent with the California Stormwater Quality Association (CASQA) BMP
handbook or equivalent per General Permit section E.6.a.(ii).(e)
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Section 15.80.200
Amend section to only require information necessary for compliance with the
Homeland Security Act or any other federal law that concerns security in the United
States as stated in General Permit section E.6.a.(ii).(f)
Section 15.80.230
Amend section to add cease and desist language, citation and administrative fine
language, and add the ability to impose more substantial civil or criminal sanctions in
keeping with an Enforcement Response Plan according to General Permit section
E.6.a.(ii).(h,i,j)
Section 15.17.020
Add definition from General Permit for "incidental runoff'.
Section 15.17.050
Amend section to include sprinkler overspray requirements from section B.4.a -e of the
General Permit. Sections added by the General Permit are in line with water
conservation goals set by the State and will assist with meeting water conservation
reductions required by General Permit section E.6.a.(ii).(d)
FINANCIAL IMPACTS
There are no anticipated financial impacts associated with the recommended ordinance
amendments.
ATTACHMENTS
1. Ordinance
Attachment 1
ORDINANCE AMENDING WATER CONSERVATION AND STORMWATER
MANAGEMENT AND POLLUTION CONTROL REGULATIONS CONTAINED IN
SECTIONS 15.17.020, 15.17.050, 15.80.040, 15.80.070, 15.80.100, 15.80.140, 15.80.150,
15.80.190, 15.80.200, AND 15.80.230 OF THE PETALUMA MUNICIPAL CODE
TO COMPLY WITH STATE REQUIREMENTS IN THE CITY OF PETALUMA'S
STORMWATER PERMIT
WHEREAS, the City of Petaluma must comply with the General Permit for Waste
Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm
Sewer Systems Order No. 2013 - 0001- DWQ(General Permit); and
WHEREAS, the General Permit requires that permittee review and revise relevant
ordinances or other regulatory mechanisms, to the extent allowable under state or local law, to
control pollutant discharges into and from, as applicable, its MS4 stormwater sewer system, and
to meet the requirement of the General Permit; and
WHEREAS, the Petaluma Municipal Code currently does not meet all requirements of
the General Permit; and
WHEREAS, adopting this ordinance will assist the City in meeting the 2025 General
Plan goal to "Reduce pollutant load in surface water runoff, thereby improving water quality
within the Petaluma River and its tributaries;"
WHEREAS, adopting this ordinance will assist the City in meeting the 2015 and 2016
Council goals of "planning for major systems and programs including storm water; and
WHEREAS, adoption of this ordinance qualifies for exemption from the requirements of
the California Environmental Quality Act ( "CEQA ") pursuant to section 15307 of the CEQA
Guidelines as action taken by regulatory agencies as authorized by state or local law to assure the
maintenance, restoration, or enhancement of a natural resource and pursuant to section 15308 of
the CEQA Guidelines as action to assure the maintenance, restoration, enhancement or
protection of the environment, as this ordinance is intended to satisfy the City's water quality and
water conservation obligations under the General Permit;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma
hereby as follows:
Section 1. Adoption.of this ordinance is exempt from the requirements of the California
Environmental Quality Act ( "CEQA ") pursuant to section 15307 of the CEQA Guidelines as
action taken by regulatory agencies as authorized by state or local law to assure the maintenance,
restoration, or enhancement of a natural resource and pursuant to section 15308 of the CEQA
Guidelines as action to assure the maintenance, restoration, enhancement or protection of the
environment, as this ordinance is intended to satisfy the City's water quality and water
conservation obligations under the General Permit.
rd
Section 2: Title 15 of the Petaluma Municipal Code, Sections 15.17.020, 15.17.050, 15.80.040,
15.80.070, 15.80.100, 15.80.140, 15.80.150, 15.80.190, 15.80.200, and 15.80.230 are hereby
amended as follows:
15.17.020 Definitions — the provisions of this section are amended to add a new definition "J" to
read as follows, and to re- letter the definitions following the new "J," accordingly:
"J. Incidental runoff' means unintended amounts (volume) of runoff, such as
unintended, minimal over -spray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility
design, if it is due to excessive application, if it is due to intentional overflow or
application, or if it is due to negligence.
Section 15.17.050 Landscape water use efficiency standards, B ( 3)is amended to add a new
provision (n) to read as follows:
n. Parties responsible for controlling runoff in excess of incidental runoff shall:
1. Detect leaks (for example, from broken sprinkler heads) and correct the
leaks within 72 hours of learning of the leak;
2. Properly design and aim sprinkler heads;
3. Not irrigate during precipitation events; and
4. Manage ponds containing recycled water such that no discharge occurs
unless the discharge is a result of a 25 -year, 24. -hour storm event or
greater, and the appropriate Regional Water Board staff member is
notified by email no later than 24 hours after the discharge. The
notification must include identifying information, including the
permittee's name and permit identification number. The permittee must
comply with the recycled water permit or this section of the code,
whichever is more stringent.
15.80.040 Definitions — the provisions of this section are amended to add a new definition "I" to
read as follows, and to re- letter the definitions following the new "I" accordingly:
"Incidental runoff' means unintended amounts (volume) of runoff, such as unintended,
minimal over -spray from sprinklers that escapes the area of intended use. Water leaving
an intended use area is not considered incidental if it is part of the facility design, if it is
due to excessive application, if it is due to intentional overflow or application, or if it is
due to negligence.
15.80.070 Exceptions to discharge prohibition - "C," is amended to:
Remove:
2. Landscape irrigation
10. Irrigation water
14. Lawn watering.
W
Incidental Runoff from landscaped areas
and to renumber "C" accordingly.
15.80. 100 Illicit Connections and Discharges Prohibited — A is amended and a new C is added to
read as follows:
A. It shall be unlawful for any person to establish, use or maintain, or cause to
establish, use or maintain, any illicit connection. Illicit connections include pipes, drains,
open channels, or other conveyances that have the potential to allow an illicit discharge to
enter the MS4. Illicit connections shall be subject to removal or abatement by the city
pursuant to Section 1.5.80.230 of this chapter.
C. It shall be unlawful for any person to discharge water (including all non -storm water
discharges) not otherwise authorized, including discharges from organized car washes,
mobile cleaning and pressure wash operations.
15.80.140 Authorization to adopt and impose best management practices — is amended to read as
follows:
To minimize the discharge of pollutants to the MS4, industrial and commercial facilities
must install, implement, and maintain BMPs consistent with the California Stormwater
Quality Association Best Management Practice Handbooks or equivalent.
15.80.150 New development and redevelopment — a new first paragraph one is added and the
existing first paragraph is amended to read as follows:
To minimize the discharge of pollutants to the MS4, industrial and commercial facilities
must install, implement, and maintain BMPs consistent with the California Stormwater
Quality Association Best Management Practice Handbooks or equivalent.
The city may adopt additional requirements identifying appropriate BMPs including, but
not limited to, source control and post construction treatment control measures 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 selection and the design of the
BMPs, including post - construction treatment control measures, shall be per the city's
stormwater policy and design standards and per the applicable NPDES permit issued to
the city and other available guidance documents.
15.80.190 Notification and response of spills — this section is amended to read as follows:
Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may
result in illegal discharges or pollutants discharging into stormwater, the city's MS4, or
waters of the U.S. from said facility, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event of such a release of
a hazardous material said person shall immediately notify emergency response officials
of the occurrence via emergency dispatch services (911). In the event of a release of
nonhazardous materials, said person shall notify the city's water resource and
conservation department in person or by phone or facsimile no later than 5:00 p.m. of the
next business day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the city's water resource and conservation department
within three business days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on -site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
Whenever necessary to control a spill to protect the City's MS4 or whenever the director
has cause to believe that spill control is required, the director or his or her designee may
coordinate spill response procedures. In the event the owner or occupant refuses access
to control a spill, the City is authorized to seek assistance from any court or competent
jurisdiction in obtaining such entry.
Section 15.80.200 Authority to inspect —this section is amended to read as follows:
Whenever necessary to make an inspection to enforce any provision of this chapter, or
whenever the director or his or her designee has cause to believe that there exists, or
potentially exists, in or upon any premises any condition which constitutes a violation of
this chapter, the director 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 authorized to seek assistance from any court of competent jurisdiction in obtaining
such entry. The City will only require information in compliance with the Homeland
Security Act or any other federal law that concerns security in the United States.
Section 15.80.230 Enforcement —A(2) is amended and a new J is added to read as follows:
2. If abatement of a violation and /or restoration of affected property are required, the
notice shall set forth a deadline within which such remediation or restoration must be
completed. The City is authorized to issue a cease and desist order and /or to cleanup and
abate a discharge, including:
a. Requiring the discharger to abate and clean up their discharge, spill, or pollutant
release within 72 hours of notification; or as soon as possible in the case of high
risk spills;
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b. Ordering abatement of discharges, spills or pollutant release within 30 days of
notification, for uncontrolled sources of pollutants that could pose an environmental
threat;
c. Performing clean -up and abatement work and billing the responsible party;
d. Ordering the cessation of pollution - causing activities until such time as the City
determines that the pollution - causing activities have been adequately addressed;
Requiring a new deadline for completion of clean -up activities and notifying the appropriate
Regional Water Board staff member when all parties agree that clean -up activities cannot be
completed within the original deadline. City staff will notify the appropriate Regional Water
Board staff member in writing within five business days of the determination that the clean -up
deadline requires revision. Said notice shall further advise that, should the violator fail to
complete the required remediation and /or restoration within the applicable deadline, such work
will be done by the City or a contractor designated by the director and the expense thereof shall
be charged to the violator pursuant to subsection D below.
J. In response to instances of persistent non - compliance, repeat or escalating violations, or
incidents of major environmental harm, the City may impose more substantial civil or criminal
sanctions and escalate corrective response, up to and including by issuing citations or
administrative fines against responsible parties either immediately on site or within a few days of
the violation, consistent with the City's Enforcement Response Plan pursuant to the General
Permit.
SECTION 3. Severability. The provisions of this ordinance are severable and if any provision,
clause, sentence, word or part hereof 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, clauses, sentences, sections, words or
parts hereof of this ordinance or their applicability to other persons or circumstances.
SECTION 4. Effective Date. This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council.
SECTION 6. Publication. The City Clerk is hereby directed to post and /or publish this
ordinance or a synopsis for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted /published this fifteenth day of June, 2015
ADOPTED this sixth day of July, 2015 by the following vote.
AYES:
NOES:
ABSENT:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney