HomeMy WebLinkAboutStaff Report 5.B 06/06/2005CITY OF PETALUMA, CALIFORNIA
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AGENDA BILL June 6, 2005
Agenda Title: Meeting Date: June 6, 2005
Introduce and Consider Storm Water Ordinance to Protect and
Enhance the Water Quality of Water Courses and Water Bodies in
Petaluma
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Unfinished Business ❑ Presentation
Department: Director: Contact Person: Phone Number:
Water Resources & Michael Ban, P.E. Dean Eckerson, 778-4304
Conservation 1 " ` P.E.�� "
Cost of Proposal: Approximately $10,000/year �// Account Number: 8220
Amount Budgeted: $10,000 Name of Fund: Wastewater Fund
Attachments to Agenda Packet Item:
Agenda Report
Exhibit "A" -- Proposed Storm Water Ordinance
Summary Statement: In 2003, the State Water Resources Control Board (SWRCB) adopted a Phase II
General Permit setting forth the National Pollutant Discharge Elimination System (NPDES) requirements
for compliance with the U.S. Environmental Protection Agency (EPA) clean water regulations. As the
operator of a municipal storm drain system, the City of Petaluma approved a Storm Water Management
Program in March 2003 to comply with the Phase lI NPDES requirements. The City's Phase lI Storm
Water Management Program constitutes the first citywide, comprehensive program to significantly reduce
or eliminate pollutants in our surface waters. This program involves the coordination, monitoring, and
reporting of a number of existing activities, along with the implementation of new activities with the goal
of protecting and improving water quality. As we continue implementation of this program, the City must
consider adoption of an ordinance to address stonn water management activities. The proposed storm water
ordinance will prohibit non -stone water discharges and provide the authority to enforce what can and
cannot be discharged to the City's stone drain system.
Recommended Citv Council Action/Suggested Motion: City management recommends the City Council
introduce the storm water ordinance to provide the necessary authority to significantly reduce or eliminate
pollutants in our surface waters at the June 6°i Council meeting, and subsequently adopt the ordinance at a
second Council meeting (scheduled for June 20th).
Reviewed by Admin. Svcs. Dir:
Date:
Reviewed by City Attornev:
Date:
Approve by Citv Manager:
wel", Date:
Todav's Date: May 24, 2005 Revision # and Date Revised: File Code: S:\water resources &
# conservation\Storm Water\Stormwater
Ordinance\Agenda Bill.doc
CITY OF PETALUMA, CALIFORNIA
JUNE 6, 2005
AGENDA REPORT
FOR
INTRODUCE AND CONSIDER STORM WATER ORDINANCE TO PROTECT
AND ENHANCE THE WATER QUALITY OF WATER COURSES
AND WATER BODIES IN PETALUMA
EXECUTIVE SUMMARY: In 2003, the State Water Resources Control Board (SWRCB)
adopted a Phase II General Permit setting forth the National Pollutant Discharge
Elimination System (NPDES) requirements for compliance with the U.S. Enviromnental
Protection Agency (EPA) clean water regulations. As the operator of a municipal stone
drain system, the City of Petaluma approved a Stone Water Management Program in
March 2003 to comply with the Phase H NPDES requirements. The City's Phase II Storm
Water Management Program constitutes the first citywide, comprehensive program to
significantly reduce or eliminate pollutants in our surface waters. This program involves
the coordination, monitoring, and reporting of a number of existing activities, along with
the implementation of new activities with the goal of protecting and improving water
quality. As we continue implementation of this program, the City must consider adoption
of an ordinance to address storm water management activities. The proposed storm water
ordinance will prohibit non -stone water discharges and provide the authority to enforce
what can and cannot be discharged to the City's storm drain system.
2. BACKGROUND: In 1999, the U.S. Environmental Protection Agency (EPA) promulgated
Storm Water Phase H regulations for storm water discharges in cities between 10,000 and
100,000 population. The federal Stone Water Phase H Final Rule requires operators of
small municipal separate storm sewer systems (MS4s), such as the City of Petaluma, to
comply with the National Pollutant Discharge Elimination System (NPDES)
requirements to reduce pollutants and protect water quality.
The EPA designated the State Water Resources Control Board (SWRCB) as the statewide
permitting authority in California to regulate all operators ofMS4s. In 2003, the SWRCB
adopted a Phase lI General Permit setting forth the NPDES requirements for all
applicable permittees to promote consistency under the EPA Phase II Rule. In order to
comply with the Phase E NPDES requirements as set forth in the State General Permit,
the City approved a Stone Water Management Program in March 2003.
STORM WATER PROGRAM IMPLEMENTATION
The City's Phase H Storm Water Management Program constitutes the first citywide,
comprehensive program to significantly reduce or eliminate pollutants in our surface
waters. This program involves the coordination, monitoring, and reporting of a number of
existing activities, along with the implementation of new activities with the goal of
protecting water quality. Closely related to this program, the City also implemented a
storm water operations and maintenance program in the Water Resources and
Conservation Department to pro -actively manage the City's surface drainage facilities.
The Phase H program required the development of a Storm Water Management Plan,
which was presented to the Regional Water Quality Control Board (RWQCB) in March
2003, and approved by the SWRCB in October 2003. The City's Storm Water
Management Plan is a program consisting of six elements that, when implemented
together, are expected to achieve significant reductions of pollutant discharges into
receiving water bodies, in our case the Petaluma River and its tributaries. The six
elements in our plan are:
• Public Education and Outreach (PE/0)
• Public Participation/Involvement (PP/1)
• Illicit Discharge Detection and Elimination (IDDE)
• Construction Site Storm Water Runoff Control (CONST)
• Post -Construction Storm Water Management (POST -CONST)
• Pollution Prevention for Municipal Operations (Muni P2)
Each of these elements include measurable goals to identify pollutants of concern, such
as sediment or metals, the target audience, who is responsible for implementation, and
several `best management practices' (BMPs) or procedures to reduce or eliminate the
pollutant.
During the development of our Storm Water Management Program, numerous activities
considered BMPs were identified as already implemented in all six Minimum Control
Measure areas. In addition, many of our other activities have been augmented with new
components such as record keeping, formal training, or public education to make them
eligible as BMPs under this program. As we continue implementation of this program to
improve water quality in our watershed, the City must consider adoption of an ordinance
to address storm water management and discharge control activities and provide the
authority to effectively prohibit pollutant discharges into the storm drain system.
STORM WATER ORDINANCE
The draft stoma water ordinance proposed for consideration is provided in Exhibit A. The
purpose of this ordinance is to protect and enhance the water quality in the Petaluma
River and its tributaries by reducing pollutants in storm water discharges to the City's
storm drain system, in a manner consistent with the federal storm water requirements.
Specifically, this ordinance prohibits illicit connections and non -storm water discharges
to the drainage system, establishes the authority to impose erosion and sediment control
requirements for development and redevelopment projects, and provides for the recovery
of regulatory costs incurred by the City in the implementation of the stoma water plan.
Non -storm water discharges include any materials including but not limited to pollutants
or waters containing any pollutants that violate water quality standards.
In order to allow for the practical application of such an ordinance, the federal storm
water regulations allow for certain exceptions to the discharge prohibitions. These
exceptions are included in the City's proposed ordinance and include a variety of
activities identified as insignificant sources of pollutants, such as: water line flushing,
irrigation runoff, foundation drains, individual residential car washing, and dechlorinated
swimming pool discharges.
ADMINISTRATION AND ENFORCEMENT
The Water Resources and Conservation Department will be primarily responsible for the
administration of the storm water ordinance. The administrative duties will include
review and comment on development and redevelopment project proposals to ensure
compliance with storm water regulations, monitoring, and routine inspections of the
City's storm drain system for discharge violations and illicit connections. This also
includes investigation and sampling of spills and suspected discharges of pollutants.
Whenever a violation of the ordinance provisions occurs, the Director or designee
initiates the necessary steps to ensure compliance through the issuance of a notice of
violation. The notice will include a description of the violation, the necessary abatement
or remediation actions, and any fines as appropriate to cover administrative and
enforcement costs. Any person receiving a notice to comply may appeal the
determination through current City provisions and procedures. Severe violations
requiring an immediate abatement due to a threat to the health or well being of the public
may be immediately abated by the City, with the expenses paid by the property owner
and/or responsible party.
ALTERNATIVES: The City of Petaluma operates a municipal separate storm sewer system
and is automatically designated by the U.S. Environmental Protection Agency as a
regulated agency under the Phase II Rule. Accordingly, the City is required to adopt a
storm water ordinance as part of its Storm Water Management Program, for operation of
our storm water system. Alternatives available for adoption of the storm water ordinance
permit include:
a. Introduce storm water ordinance as written to comply with the Storm Water
Phase H regulation and subsequently adopt ordinance at a second meeting
(scheduled for June 20, 2005);
b. Introduce storm water ordinance with approved revisions, so long as it
complies with the Storm Water Phase lI regulations and subsequently adopt
ordinance at a second meeting (scheduled for June 20, 2005);
C. Take no action.]
4. FINANCIAL IMPACTS: Compliance with the NPDES Phase II General Permit requires the
adoption of a storm water ordinance, as outlined in the City's storm water management
' Failure to adopt a stomt water ordinance may result in the issuance of a Notice of Violation by the Regional Water
Quality Control Board. This violation could include fines up to $27,500 per day in accordance with Section 13385
of the Porter -Cologne Water Quality Control Act, and may expose the City to third -party lawsuits.
plan.
The labor requirements for implementation of the ordinance will initially be met with
existing City personnel. As the storm water program develops, additional staff will likely
be necessary in the Water Resources and Conservation Department, depending on the
number of violations and enforcement actions required to ensure compliance. A portion
of the costs to implement the ordinance will be paid through current funding for the storm
water program. Administrative and enforcement cost would also be offset by fines
collected for violations.
The storm water management program is currently funded by the Wastewater Fund. This
support reflects the benefits received by the wastewater system from the Storm Water
Management Program primarily through the reduction of inflow and infiltration of storm
water runoff into the sanitary sewer collection system. As the storm water program
expands, the City may consider establishing a separate storm water fee in the future.
CONCLUSION: The U.S. EPA promulgated Phase II regulations for storm water
discharges and designated the State Water Resources Control Board (SWRCB) as the
statewide permitting authority. The City prepared a Storm Water Management Program
and applied for National Pollutant Discharge Elimination System (NPDES) Phase II
coverage under the General Permit in March 2003 to continue operating our storm
drainage system. Although the City has already implemented a number of policies and
procedures to improve water quality, the proposed storm water ordinance formalizes the
City's storm water management and control activities and provides the necessary
authority to significantly reduce or eliminate priority pollutants in our surface water.
Activities resulting from adoption of this ordinance will include review and comment on
development and redevelopment project proposals, routine inspections of the City's
storm drain system for discharge violations and illicit connections, and investigation and
sampling of spills and suspected discharges of pollutants.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION: A key component of the City's Storm Water Management Program
includes the monitoring and evaluation of established measurable goals toward improving
water quality. Following implementation of the storm water ordinance, our storm water
plan includes the development of evaluation criteria to determine the effectiveness the
ordinance in improving water quality. The effectiveness measures and accomplishments
of the ordinance will be reported to the RWQCB as part of the annual report.
RECOMMENDATION: City management recommends the City Council introduce the
storm water ordinance to provide the necessary authority to significantly reduce or
eliminate pollutants in our surface waters at the June 6th Council meeting, and
subsequently adopt the ordinance at a second Council meeting (scheduled for June 20t).
S:\water resources & conservation\Stom Wafer\Stormwater OrdinanceWgenda 6ill.doc
EXHIBIT A
STORM WATER ORDINANCE
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 15.80,
ENTITLED "STORMWATER MANAGEMENT AND
DISCHARGE CONTROL"
TO THE PETALUMA MUNICIPAL CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
SECTION 1. Chapter 15.80, entitled "Stormwater Management and Discharge Control'
is hereby added to the Petaluma Municipal Code to read as follows:
"STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections
15.80.010
Short Title
15.80.020
Findings
15.80.030
Purpose and Intent
15.80.040
Definitions
15.80.050
Administration
15.80.060
Prohibited Discharge
15.80.070
Exceptions to Discharge Prohibition
15.80.080
Exceptions to Otherwise Applicable
Exemptions
15.80.090
Threatened Prohibited Discharge
15.80.100
Illicit Connections Prohibited
15.80.110
Negligence or Intent Not Required
15.80.120
Waste Disposal Prohibitions
15.80.130
Discharges in Violation of Industrial or
Construction Activity NPDES Stormwater
Discharge Permit
15.80.140
Authorization to Adopt and Impose Best
Management Practices
15.80.150
New Development and Redevelopment
15.80.160
Responsibility to Implement Best Management
Practices
15.80.170
Requirement to Remediate
15.80.180
Requirement to Monitor and Analyze
15.80.190
Notification of Spills
15.80.200
Authority to Inspect
15.80.210
Authority to Sample, Establish Sampling Devices,
and Test
15.80.220
Fees
15.80.230
Enforcement
S\WR&C\Stormwatcr\Sto=water Ordinance
Section 15.80.010 Short Title
This Chapter shall be known as the "Stormwater Management and Pollution
Control Ordinance of the City of Petaluma" and maybe so cited.
Section 15.80.020 Findines
A. The Federal Clean Water Act provides for the regulation and reduction of
pollutants discharged into the waters of the United States by extending National Pollutant
Discharge Elimination System requirements to stormwater and urban runoff discharge
into the City's municipal separate storm sewer system (MS4).
B. The City's Stormwater Management Plan requires the City to effectively
prohibit non-stormwater discharges from the incorporated area of the City into the City's
MS4 except as otherwise permitted by law.
C. The Council finds in this regards that the provisions of this Chapter are
necessary to provide the City with the legal authority necessary to implement the
Stormwater Management Plan.
Section 15.80.030 Pumose and Intent
A. The purpose and intent of this Chapter is to ensure the health, safety, and
general welfare of citizens, and protect and enhance the water quality of watercourses and
water bodies in a manner pursuant to and consistent with the federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to
the maximum extent practicable (MEP) and by prohibiting non -storm water discharges to
the City's MS4.
B. It is the intent of the Council in adopting this Chapter to provide the City
with the legal authority to accomplish the following goals:
1. to reduce the discharge of pollutants in stormwater to the maximum extent
practicable;
2. to effectively prohibit illicit connections and non-stormwater discharges
into the City's MS4;
3. to comply with the requirements of the federal Water Pollution Control
Act and the state Porter -Cologne Water Quality Control Act as they apply
to the discharge of pollutants into and from the City's MS4;
4. to fully implement the City's Stormwater Management Plan;
5. to establish the authority to adopt or impose requirements for development
and redevelopment projects to reduce or eliminate stormwater pollution
and erosion both during construction and after the project is complete;
6. to protect the physical integrity and function of the City's MS4 from the
effects of pollutants and materials other than stormwater;
S\WR&C\Sto=water\Stormwater Ordinance
7. to prevent the contamination of groundwater as a result of pollution
migration from the City's MS4;
8. to protect the health and safety of maintenance personnel and the public
who may be exposed to pollutants in the City's MS4;
9. to provide for the recovery of regulatory costs incurred by the City in the
implementation of its Stormwater Management Plan, including,
but not limited to, enforcement activities, inspections, investigations,
sampling and monitoring; and
10. to establish appropriate enforcement procedures and penalties for
violations of the provisions of this Chapter.
Section 15.80.040 Definitions
The following definitions are adopted for the purpose of this Chapter:
A. "Best Management Practices (BMPs)" means activities, prohibition of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
to the maximum extent practicable the discharge of pollutants directly or indirectly to
waters of the United States. BMPs shall also be defined to include structural controls,
treatment controls, training requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw
materials storage.
B. "Council" means the City Council of the City of Petaluma.
C. "City" means the City of Petaluma.
D. "Development" means any construction, rehabilitation, redevelopment or
reconstruction of any public or private residential project, industrial, commercial, retail,
and all other nonresidential projects, public or private, or grading for future construction,
for which either discretionary land use approval or any permit is required.
E. "Director" means the Water Resources and Conservation Department
Director or his/her designee(s) including, but not limited to enforcement officers
authorized by the Director.
F. "Discharge" means the release or placement of any material into the City's
MS4, including, but not limited to, stormwater, wastewater, solid materials, liquids,
hazardous waste, raw materials, debris, litter or any other substance.
G. "Hazardous Substances" means those materials listed in Title 40 of the
Code of Federal Regulations (40 CFR) Part 117 and/or 40 CFR Part 302 and/or Division
20 of the California Health and Safety Code.
S\WR&C\Stormwater\Stormwater Ordinance
H. "Illicit Connection" means any man-made conveyance or drainage system
pipeline, conduit, inlet or outlet, or condition of property whether on the surface or
subsurface through which the discharge of any pollutant to storm drains or storm sewers
occurs or may occur.
I. "Implementing Agency" means the agency or department designated by
the Director to enforce the provisions of this Chapter with respect to a particular site,
facility or industry category.
J. "Industrial Activity" means activities subject to NPDES Industrial Permits
as defined in 40 CFR, Section 122.26 (b)(14).
K. "Material" means any substance, including, but not limited to, raw
materials, finished products, garbage and debris, lawn clippings, leaves and other
vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline,
paints, solvents, cleaners and any fluid or solid containing chemicals.
L. "Maximum Extent Practicable (MEP)" means a technology-based
standard established by Congress in the Clean Water Act section 402(p) (3) (B) (iii) for
stormwater discharge that municipalities must meet. MEP is generally the result of
emphasizing pollution prevention and source control best management practices (BMPs)
primarily (as the first line of defense) and in combination with treatment methods serving
as backup (additional line of defense). The MEP approach is an ever evolving, flexible
and advancing concept, which considers technical and economic feasibility. As
knowledge about controlling urban runoff continues to evolve, so does what constitutes
MEP.
M. "Municipal Separate Storm Sewer System (MS4)" means a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, or storm drains) designed or used for
collecting or conveying stormwater, which is not a combined sewer and which is not part
of a Publicly Owned Treatment Works (POTW).
N. "National Pollutant Discharge Elimination System (NPDES) Permit"
means a permit issued by either the Regional Water Quality Control Board or the State
Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section
13370) of Division 7 of the Water Code to control discharges from point sources to
waters of the United States, or permit issued by the United States Environmental
Protection Agency pursuant to the federal Water Pollution Control Act (33 U.S.C. §1341
et seq.) to control discharges from point sources to waters of the United States.
O. "Non-Stormwater Discharges" means any discharge to the City's MS4
that is not composed entirely of stormwater.
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P. "Person" means any natural person as well as any corporation, partnership,
public agency, trust, estate, cooperative association, joint venture, business entity or other
similar entity, or the agent, employee or representative of any of the above.
Q. "Pollutant" means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and
other automotive fluids; non -hazardous 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.
R. "Pollution" means 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 uses.
S. "Prohibited Discharge" means any non-stormwater discharge to the City's
MS4, which is not otherwise specifically authorized by this Chapter, the Regional Board,
State or Federal law, or an NPDES permit.
T. "Redevelopment" means, on an already developed site, the creation or
addition of at least 5,000 square feet of impervious area. Redevelopment includes, but is
not limited to: the expansion of a building footprint or addition of a structure; structural
development including an increase in gross floor area and/or exterior construction or
remodeling; and land disturbing activities related with structural or impervious surfaces.
U. "Regional Board" means the California Regional Water Quality Control
Board, San Francisco Region.
V. "Source Control BMP" means any schedules of activities, prohibitions of
practices, maintenance procedures, managerial practices, or operational practices that aim
to prevent storm water pollution by reducing the potential for contamination at the source
of pollution.
W. "Stormwater" means any surface flow, runoff, and drainage consisting
entirely of water from rain storm events and snow melt.
X. "Subject Activities" means any industrial activity which is determined by
the Director to discharge or have the potential to discharge pollutants into stormwater or
non-stormwater in quantities or concentrations which may cause exceedance of receiving
water limitations.
S\WR&C\Ston water\Stormwater Ordinance 11
Y. "Threatened Prohibited Discharge" means any condition or activity which
does not currently result in a prohibited discharge but is nevertheless determined by the
Director to be a condition which results in a substantial likelihood of a future prohibited
discharge.
Z. "Treatment Control Bmp" means any engineered system designed to
remove pollutants by simple gravity settling of particulate pollutants, filtration, biological
uptake, media adsorption, or any other physical, biological, or chemical process.
AA. "Waters Of The United States Or Waters Of The U.S." means surface
watercourses and water bodies as defined in Part 132.2 of Title 40 of the Code of Federal
Regulations or any successor provisions.
Section 15.80.050 Administration
The Water Resources and Conservation Department is hereby designated as the
City department responsible for the administration of this Chapter.
Section 15.80.060 Prohibited Discharge
Except as provided in Section 15.80.070, no person shall discharge or cause to be
discharged into the City's MS4 or watercourses any materials, including but not limited
to pollutants or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater.
Section 15.80.070 Exceptions to Discharge Prohibition
The following discharges to the City's MS4 are exempt from the otherwise
applicable discharge prohibition set forth in Section 15.80.060.
A. Any discharge regulated under a NPDES permit, waiver, or waste discharge
order issued to the discharger and administered by the State of California under the
authority of the Federal Environmental Protection Agency or under State authority,
provided the discharger is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that written approval has
been granted by the City for any discharge to the City's MS4.
B. Any stormwater containing pollutants that has been reduced to the MEP by the
application of BMP's or other management measures set forth in the City's Stormwater
Management Plan.
C. Any discharge from any of the following activities provided that any such
discharge is not identified as a significant contributor of pollutants to the City's MS4 by
the Director:
1. water line flushing;
2. landscape irrigation;
S\WR&C\Stormwater\Stormwater Ordinance 12
3. diverted stream flows;
4. rising ground waters;
5. uncontaminated ground water infiltration [as defined in 40 CFR 35.2005
(20)] to MS4s;
6. uncontaminated pumped ground water;
7. discharges from potable water sources;
8. foundation drains;
9 air conditioning condensate;
10. irrigation water;
11. springs;
12. water from crawl space pumps;
13. footing drains;
14. lawn watering;
15. individual residential car washing;
16. flows from riparian habitats and wetlands;
17. dechlorinated swimming pool discharges; or
18. discharges or flows from emergency fire fighting activities.
D. Any discharges which the Director, the County Health Department or the
Regional Board determines in writing are necessary for the protection of public health
and safety.
E. With written concurrence of the Regional Board, the City of Petaluma may
exempt in writing other non-stormwater discharges which are not a source of pollutants
to the City's MS4.
Section 15.80.080 Exception to Otherwise Anulicable Exemptions
Nothwithstanding the exemptions provided for in Section 15.80.070 above, if the
Regional Board or the Director determines that a discharge which is otherwise exempt
from the prohibition on discharges causes or significantly contributes to the violation of
any receiving water limitation or results in the conveyance of significant quantities of
pollutants to surface waters, or is otherwise a danger to public health or safety, the
Director may give written notice to the owner or operator of the facility that the discharge
exception shall not apply to the discharge at issue following expiration of the thirty (30)
day period commencing upon delivery of the notice. Upon expiration of such thirty (30)
day period, any such discharge shall be unlawful.
Section 15.80.090 Threatened Prohibited Discharee
It shall be unlawful for any person to maintain, or cause to be maintained, a
threatened prohibited discharge after having received notice of the Director's
determination as to the existence of a threatened prohibited discharge.
Section 15.80.100 Illicit Connections Prohibited
S\WR&C\Sto=%vater\Stormwater Ordinance 13
A. It shall be unlawful for any person to establish, use or maintain, or cause to
establish, use or maintain, any illicit connection. Elicit connections shall be subject to
removal or abatement by the City pursuant to Section 15.80.230 of this Chapter.
B. The prohibition set forth in subsection A above shall apply to illicit
connections in existence at the time that this Chapter becomes effective. Upon the
effective date of this Chapter, any person who maintains an illicit connection shall have
thirty (30) days from the effective date of this Chapter to disconnect and discontinue use
of such connection. Notwithstanding the provisions of this section, any person who
maintains an illicit connection, as defined in Section 15.80.040, may apply to the City for
a permit to continue the connection subject to applicable City standards.
Section 15.80.110 Neelieence or Intent Not Required
A violation of the provisions of this Chapter shall occur irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an illicit
connection or to cause, allow or facilitate any prohibited discharge.
Section 15.80.120 Waste Disposal Prohibitions
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown,
deposited, left, or maintained, in or upon any public or private property, driveway,
parking area, street, alley, sidewalk, component of the City's MS4, or waters of the U.S.,
any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and
accumulations, so that the same may cause or contribute to pollution. Wastes deposited in
streets in proper waste receptacles for the purposes of collection are exempted from this
prohibition.
Section 15.80.130 Discharees in Violation of Industrial or Construction
NPDES Stormwater Discharee Permit
Any person subject to an industrial or construction NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the Director prior to or as a condition of a
subdivision map, site plan, building permit, grading permit, or development or
improvement plan; upon inspection of the facility; during any enforcement proceeding or
action; or for any other reasonable cause.
Section 15.80.140 Authorization to Adon_ t and Impose Best Manae_ ement
Practices
The City may adopt requirements identifying BMPs for any activity, operation, or
facility which may cause or contribute to pollution or contamination of stormwater, the
City's MS4, or waters of the U.S.
Section 15.80.150 New Development and Redevelonment
S\WR&C\Stormwater\Stormwater Ordinance 14
The City may adopt 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.
Final occupancy shall not be authorized until such time the BMPs and post -construction
treatment measures are properly installed and provisions for long-term maintenance of
these BMPs, and treatment measures are accepted by the City.
Section 15.80.160 Responsibility to Implement Best Manaeement Practices
Any person engaged in activities or operations, or owning facilities or property
which will or may result in pollutants entering stormwater, the City's MS4, or waters of
the U.S. shall implement BMPs to the maximum extent practicable to prevent and reduce
such pollutants. The owner or operator of a commercial or industrial establishment shall
provide reasonable protection from accidental discharge of prohibited materials or other
wastes into the City's MS4 or watercourses. Facilities to prevent accidental discharge of
prohibited materials or other wastes shall be provided and maintained at the owner or
operator's expense.
BMPs required or recommended by the City may be obtained from the Water
Resource and Conservation Department.
Section 15.80.170 Requirement to Remediate
Whenever the City finds that a discharge of pollutants is taking place or has
occurred which will result in or has resulted in pollution of stormwater, the City's MS4,
or waters of the U.S., the City may require by written notice to the owner of the property
and/or responsible person that the pollution be remediated and the affected property
restored within a specified time pursuant to the enforcement provisions of section
15.80.230 below.
Section 15.80.180 Reauirement to Monitor and Analvze
The City may require by written notice of requirement that any person engaged in
any activity and owning or operating any facility which may cause or contribute to
stormwater pollution, illegal discharges, and/or non -storm water discharges to the City's
MS4 or waters of the U.S., to undertake at said person's expense such monitoring and
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analyses and furnish such reports to the City as deemed necessary to determine
compliance with this Chapter.
Section 15.80.190 Notification of Spills
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. hi 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 non -hazardous 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.
Section 15.80.200 Authoritv to Inspect
Whenever necessary to make an inspection to enforce any provision of this
Chapter, or whenever the Director 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
hereby empowered to seek assistance from any court of competent jurisdiction in
obtaining such entry.
Section 15.80.210 Authoritv to Sample. Establish Samoline Devices and Test
During an inspection as provided in section 15.80.200, the Director may take any
samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or
to record site activities.
Section 15.80.220 Fees
The Director shall collect such fees as may be authorized by the City Council to
provide for the recovery of regulatory costs, including routine inspections and other
regulatory functions associated with this Chapter. Any such fees shall be established by
resolution of the City Council.
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Section 15.80.230 Enforcement
A. Notice to Comply
1. Whenever the Director finds that a person has violated a prohibition or
failed to meet a requirement of this Chapter, the Director may order compliance by
written notice of violation to the responsible person. Such notice may require without
limitation:
(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 of hazards and the restoration of any affected property,
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation or maintenance of source control or treatment
BMPs.
2. If abatement or 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. 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 Director and the expense thereof shall be charged to the
violator pursuant to subsection D below.
B. Appeal
Notwithstanding the provisions in subsection E below, any person receiving a
Notice to Comply under subsection A above may appeal the determination of the
Director pursuant to the provisions and procedures in section 15.04.050 of this code.
C. Abatement by City
If the violation has not been corrected pursuant to the requirements set forth in the
Notice to Comply, or in the event of an appeal under subsection B above, within 10
calendar days of the decision of the City Council upholding the decision of the Director,
then the City or a contractor designated by the Director 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 owner, agent or person
in possession of any premises to refuse to allow the Director or designated contractor to
enter upon the premises for the purposes set forth above.
D. Charging Cost of Abatement/Liens
Within 30 calendar days after abatement of the nuisance by the City, the Director
shall notify the property owner of the property of the cost of abatement, including
administrative costs. The property owner may file a written protest objecting to the
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amount of the assessment with the City Clerk within 15 calendar 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 10 calendar days after the decision of the City
Council or the expiration of the time in which to file an appeal under this article, the
charges shall become a special assessment against the property and shall constitute a lien
on the property for the amount of the assessment. A copy of the resolution shall be turned
over to the City 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.
E. Urgency Abatement
The Director 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 Director, 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.
F. Violations
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 or failure to comply with any of the
requirements of this Chapter shall constitute a misdemeanor and shall be punished as set
forth in section 1.04.060 of this code.
G. Compensatory Action
In lieu of enforcement proceedings, penalties, and remedies authorized by this
Chapter, the Director may impose upon a violator alternative compensatory actions, such
as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other
such similar actions.
H. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided herein, 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
civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be
taken by the City.
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In addition to the remedies for nuisance abatement provided in this Chapter, the
City expressly reserves the right to utilize other enforcement remedies found within
specific chapters of the Code, remedies available under any applicable state or federal
statute or pursuant to any other lawful power the City may possess. All such remedies
shall be alternative to or in conjunction with, and not exclusive of, one another.
I. Acts Potentially Resulting in a Violation of the federal Water Pollution
Control Act and/or state Porter -Cologne Water Quality Control Act
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 Water
Pollution Control Act and/or the state Porter -Cologne Water Quality Control Act and
may be subject to 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.
SECTION 2. If any section, subsection, paragraph, subparagraph sentence, clause or
phrase of this Chapter is for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Chapter; and the Council declares that this Chapter and each
section, subsection, paragraph, subparagraph, sentence, clause, and phrase thereof would
have been adopted irrespective of the fact that one or more of such section, subsection,
paragraph, subparagraph, sentence, clause or phrase be declared invalid or
unconstitutional.
SECTION 3. The provisions of this Chapter shall be construed to assure consistency
with the requirements of the federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.) and the Porter -Cologne Water Quality Control Act (California Water Code § 13000
et seq.), and acts amendatory thereof or supplementary thereto, or any applicable
implementing regulations.
SECTION. 4. Compliance by any person with the provisions of this Chapter shall not
preclude the need to comply with other local, state or federally statutory or regulatory
requirements relating to the control of pollutant discharges or protection of stormwater
quality, or both.
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SECTION 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
SECTION 6. The City Clerk is hereby directed to post this ordinance for the period and
in the manner required by the City Charter.
INTRODUCED and ordered posted/published this
2005.
ADOPTED this day of
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
day of
, 2005 by the following vote:
Mayor
APPROVED AS TO FORM:
City Attorney
The City Clerk is hereby directed to publish this ordinance for the period and in
the manner required by the City Charter."
INTRODUCED AND ORDERED PUBLISHED this day of , 2005
ADOPTED this day of , 2005, by the following vote:
NOES:
ABSENT:
S\WR&C\Stormwater\Stormwater Ordinance 70
Attest:
City Clerk
Mayor, City of Petaluma
Approved as to form:
City Attorney
S\WR&C\Sto=water\Stormwater Ordinance 91