HomeMy WebLinkAboutOrdinance 2210 N.C.S. 06/20/2005EFFECTIVE DATE
OF ORDINANCE
July 20, 2005
1
2
Introduced by
4
ORDINANCE NO. 2210 N.C.S.
Seconded by
6 Mike O'Brien David Glass
7
8
9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA, STATE OF CALIFORNIA,
10 AMENDING CHAPTER 17.31 OF THE PETALUMA MUNICIPAL CODE, THE GRADING AND
11 EROSION CONTROL ORDINANCE OF THE CITY OF PETALUMA
12
13
14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Section 1. The Council finds that it is necessary and desirable to amend the Grading and
Erosion Control Ordinance of the City of Petaluma, codified as Chapter 17.31 of the Petaluma
Municipal Code, to bring it into conformance with the requirements of the City's National
Pollutant Discharge Elimination System (NPDES) permit.
Section 2. Section 17.31.020 of the Petaluma Municipal Code, entitled "Purpose," is
hereby amended to read as follows:
The purpose of this Chapter is as follows:
A. To regulate grading on public and private property in order to:
Control erosion;
Control sedimentation;
Protect water quality;
Reduce pollutants in storm water to the maximum extent
practicable;
Safeguard health, safety, and the public welfare;
To establish administrative procedures to carry out these regulations.
Section 3. Section 17.31.030 of the Petaluma Municipal Code, entitled "Definitions," is
hereby amended by adding new definitions thereto as follows:
BIl 1. "Best Management Practices (BMPsI" 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
Ordinance No. 2210 N.C.S.
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
defined to include structural controls treatment controls, training requirements,
operatingprocedures and practices to control plant site runoff spillage or leaks
sludge or waste disposal and drainage from raw materials storage.
P 1 "NPDES General Construction Permit" means General Permit No.
CAS000002 issued by the State Water Resources Control Board and any future
chances or amendments subsequent thereto or any other general permit issued
by the State Water Resources Control Board, Regional Water Quality Control
Board or U.S. Environmental Protection. Agency that regulates discharges of
storm water and authorized non-storm water discharges to surface waters
associated with construction activit~ncluding clearing, rg adina, and excavation
that result in land disturbance of equal to or greater than once acre or is part of a
larger common plan.
P(2) "Notice Of Intent (NOI)" means formal notification to the Regional Water
Quality Control Board or State Water Resources Control Board by the applicant
that a construction activity will occur in compliance with the conditions of the
state's NPDES General construction permit.
P-31 "Notice Of Termination (NOTE means formal notification to the Re i~nal
Water Quality Control Board or State Water Resources Control Board by the
applicant that a construction activit~is completed in order to terminate
coverage under the State's NPDES general construction permit.
ZI11 "Storm water Pollution Prevention Plan (SWPPP)" means plan required by
the state's NPDES general construction permit for projects that will result in soil
disturbance of one acre or greater. The purpose of a SWPPP is to identify sources
of sediment and other pollutants that affect the quality of storm water discharges
and to describe and ensure the implementation of BMPs to reduce or eliminate
sediment and other pollutants in storm water as well as non-storm water
discharges.
Section 4. Section 17.31.040 of the Petaluma Municipal Code, entitled "Actions
prohibited," is hereby amended to read as follows:
It shall be unlawful for any person to:
A. Perform any work within the scope of this Chapter without first having
obtained a permit from the Public Works Department pursuant to this Chapter,
and/or, from the Building Inspection Department, where required by Chapter 70
of the Uniform Building Code.
B. To discharge storm water or non-storm water to surface waters associated
with any construction activity that is subject to the state's NPDES general
construction permit without first having complied with the provisions contained in
the state's NPDES General construction permit.
C. Grade in such a manner so as to:
streets,
Cause erosion or sedimentation on other property or on public
Ordinance No. 2210 N.C.S.
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
2. Obstruct or otherwise interfere with drainage, or deposit sediment
in natural or artificial drainage facilities, or
3. Construct or alter drainage facilities or alter drainage courses
without first obtaining a permit pursuant to Chapter 17.31.060.
Section 5. Section 17.31.130 of the Petaluma Municipal Code, entitled "Application for
permit," is hereby amended by adding new subsections I and J thereto as follows:
I A copy of the submitted NOI for the site and. Waste Discharge
Identification number if applicable, per Section P(1) of 17.31.030.
J A copy of the SWPPP conforming with the requirements of the state's
NPDES general construction permit if applicable, per Section PI l) of 17.31.030.
Section 6. Section 17.31.140 of the Petaluma Municipal Code, entitled "Review of
application," is hereby amended by adding new subsection F thereto as follows:
F Whether the SWPPP complies with the requirements set forth in the state's
NPDES general construction permit.
Section 7. Section 17.31.160 of the Petaluma Municipal Code, entitled "Application
form," is hereby amended by adding new subsection R thereto as follows:
R. Waste Discharge Identification Number, if applicable.
Section 8. New Section 17.31.255, entitled "Construction requirements," is hereby added
to the Petaluma Municipal Code to read as follows:
In addition to any adopted BMPs or other requirements for construction
projects adopted by the City the following requirements shall apply to all
projects undergoing construction in the City. The requirements set forth below
shall apply at the time of demolition of an existing structure or commencement of
construction and until the project receives final occupancy/clearance from the
City.
A Sediment construction waste and other pollutants from construction sites
and parking areas including runoff from equipment at construction sites, shall be
retained on the site to the maximum extent practicable.
B. Any sediment or other materials that are not retained on the site shall be
removed the same day as the projects are completed. Where determined
necessary by the City Engineer, a temporary sediment barrier shall be installed.
C. Excavated soil shall be located on the site in a manner that minimizes the
amount of sediments running into the street or adjoininq_properties. Soil piles shall
be covered until the soil is either used or removed.
Ordinance No. 2210 N.C.S.
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
D No washing of construction or other industrial commercial vehicles shall
be allowed on a construction site or property adjacent to a construction site.
E Drainage controls shall be utilized as needed depending on the extent of
.the proposed rcLadina and togoaraghy of the site including but not limited to
the followina~ detention ponds sediment ponds infiltration Bits dikes, filter berms,
ditches down drains, chutes, or flumes.
Section 9. Section 17.31.300 of the Petaluma Municipal Code, entifled "Completion of
work," is hereby amended by adding new subsection E thereto as follows:
E A cogy of the submitted NOT for the site upon completion of the
project qer Section PU of 17.31.030.
Section 10. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 1 1. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 12. 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/k~ed this 6th day of June 2005.
ADOPTED this 20th day of June 2005 by the following vote:
AYES: Canevaro, Mayor Glass, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Vice Mayor Harris
` R ~
~.,
!~ I 7
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
r,. r
Claire Cooper, CMC, City CI k Richa d R. Rudnansky, Cit At orney
Ordinance No. 2210 N.C.S.
Page 4