HomeMy WebLinkAboutOrdinance 2546 N.C.S. 07/20/20151
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EFFECTIVE DATE ORDINANCE NO. 2546 N.C.S.
OF ORDINANCE
August 20, 2015
Introduced by Seconded by
Chris Albertson Gabe Kearney
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.
follows:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma hereby as
Ordinance No. 2546 N.C.S.
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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.
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:
1. Landscape irrigation
10. Irrigation water
14. Lawn watering
Ordinance No. 2546 N.C.S.
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Add:
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 15.80.230 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 Public Works and Utilities
Ordinance No. 2546 N.C.S.
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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 Public Works and Utilities 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 - section A(2) is amended 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;
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.
Section 15.80.230 Enforcement -new section J is added to read as follows:
Ordinance No. 2546 N.C.S.
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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 6th day of July, 2015.
ADOPTED this 20th day of July, 2015 by the following vote:
Ayes:
Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes:
None
Abstain:
None
Absent:
None
f;
David Glass, Mayor
ATTEST: APPROV f AS TO FORM:
Claire Cooper, City Clerk `ti Eric W. Danly, Cityffitorn
Ordinance No. 2546 N.C.S.
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f;
David Glass, Mayor
ATTEST: APPROV f AS TO FORM:
Claire Cooper, City Clerk `ti Eric W. Danly, Cityffitorn
Ordinance No. 2546 N.C.S.
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