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HomeMy WebLinkAbout05-12 CC Ordinance I I I ORDINANCE NO. 05-12 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES; ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE The City Council of the City of Temecula, does ordain as follows: Section 1: The federal Clean Water Act (33 U.S.C. ~ 1251, et seq.,) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES") requirements to stormwater and urban runoff discharged into municipal storm drain systems. Section 2: The City of Temecula (the "City") is a co-permittee under the "Waste Discharge Requirements for Discharges of Urban Runoff from Municipal Separate Storm System ("MS4 system") Draining the County of Riverside, the City of Murrieta, the City of Temecula and the Riverside County Flood Control and Water Conservation District within the San Diego Region," California Regional Water Quality Control Board - San Diego Region, Order No. R9-2004-001, (NPDES No. CAS0108766) ("Permit"), as well as Waste Discharge Requirements under California law, and, as a co-permittee under the Permit, the City is required to adopt ordinances and implement procedures with respect to discharges into the municipal separate storm sewer system. Section 3: The City has previously adopted ordinances to ensure that it possesses the legal authority necessary to control discharges to and from those portions of the Storm Drain System over which it has jurisdiction, in order to comply with the Permit, and to specifically prohibit certain discharges identified in the Permit. Section 4: This Ordinance is also intended to further confirm the City's legal authority to control discharges of Pollutants, as that term is defined under Article VIII, "Definition of Terms," to and from those portions of the Storm Drain System over which the City has jurisdiction, as required by the Permit, and thereby fully and timely comply with the terms of the Permit. Section 5: In order to control in a cost-effective manner, the quantity and quality of stormwater and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. R:/Ords 2005/0rds O!>-12 I I I Section 6: This Ordinance is being adopted in order to comply with federal requirements for the control of Pollutants to stormwater and urban runoff, which enters the Storm Drain System throughout the portions of Riverside County covered by the Permit. Section 7: The City is authorized by Article XI, ~5 and ~7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity. Section 8: The City has determined that a legitimate local purpose is present in complying with the provisions of the Permit. Section 9: The land use authority exercised by the City pursuant to California Government Code ~65300 et sea., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land. Section 10: This Ordinance conforms to the policies and goals of the General Plan adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds located within Riverside County by implementing measures to control erosion and prevent the pollution of streams and other waters; Section 11: The Subdivision Map Act, California Government Code ~66411, authorizes the City to regulate 'and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval; Section 12: The California Constitution Article XI, ~7 and Government Code ~38660 authorize the City to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property; Section 13: Government Code ~38771 authorizes the City to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same; Section 14: All industrial dischargers subject to the proviSions of the State General Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to collectively herein as the "State General Permits") must comply with the lawful requirements of the City which regulate discharges to the storm drain system within its jurisdiction; Section 15: All industrial dischargers subject to the provisions of the State General Permit are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and make them available to the City for inspection; Section 16: All construction dischargers subject to the provisions of the State General Permit may be required by the City, with the concurrence of the San Diego Regional Water Quality Control Board, to amend any Stormwater Pollution Prevention Plan; Section 17: All industrial dischargers subject to the provisions of the State General Permit are required to maintain a description of the required monitoring program on-site and make it available to the City for inspection; R:/Ords 2005/0rds O!>-12 2 I I I Section 18: The City has jurisdiction over certain stormwater conveyance facilities and other watercourses within the City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits, and the City may request that the regulated dischargers furnish information and records necessary to determine compliance with the State General Permits; Section 19: The City has jurisdiction over certain stormwater conveyance facilities and other watercourses within the City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits, and City may, upon presentation of credentials and other documents required by law: (i) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the State General Permits; (Ii) access and copy, at all reasonable times, any records that are required to be kept under the conditions of the State General Permits; (iii) inspect, at all reasonable times, any facility or equipment related to or impacting stormwater or urban runoff discharge; and (iv) sample or monitor for the purpose of ensuring compliance with the State General Permits. Section 20: Chapter 8.28, in the Temecula Municipal Code, "Stormwater and Urban Runoff Management and Discharge Controls", is hereby amended to read as follows: CHAPTER 8.28 STORMWATER AND URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS R:/Ords 2005/0rds O!>-12 3 I I I Article I. General Provisions Sections: 8.28.100 8.28.110 8.28.120 8.28.130 8.28.140 8.28.150 8.28.160 Title. Purpose and intent. Stormwater and Urban Runoff Manual. Regulatory consistency. Compliance disclaimer. City cooperation. Contracting for services. 8.28.100 Title. This Ordinance shall be known as the "City of Temecula Stormwater and Urban Runoff Management and Discharge Control Ordinance (Ordinance)." 8.28.110 Purpose and intent. The purpose and intent of this Ordinance is to protect the water quality of City watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 USC Sec. 1342), in order to ensure the future health, safety, and general welfare of the citizens of this City by: A. Regulating non-stormwater urban runoff (urban runoff) to the storm drain system. (Ord. 99-10 ~ 1 (part)); B. Reducing pollutants in stormwater to the maximum extent practicable; C. Establish requirements for development projects for permanent water quality control measures; D. Establish requirements to reduce pollutant discharges from construction sites; E. Establish requirements to reduce pollutants in runoff from existing development; and F. Prohibiting illicit connections and illegal discharges to the storm drain system. 8.28.120 Stormwater and Urban Runoff Manual. The City Engineer shall formulate a manual setting forth administrative rules, procedures and requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control (Stormwater and Urban Runoff Manual), The City Engineer shall have the authority to change, update or revise the Manual as necessary in order to implement the provisions of this Ordinance and all revisions thereto arising from time to time. R:/Ords 2005/0rds O!>-12 4 I I I In the event of any conflict between the Manual and this Ordinance, the more restrictive provisions shall govern. The provisions of the Manual, to the extent they are made conditions of a permit issued by the City, shall be binding. All revisions to the manual shall be reviewed and approved by the City Council and take effect immediately upon approval. 8.28.130 Regulatory consistency. This Ordinance shall be construed to assure consistency with the requirements of the Clean Water Act and any amendments thereof, and all applicable implementing regulations, and any existing or future municipal NPDES Permits, and any amendments or revisions thereto or re- issuance thereof. 8.28.140 Compliance disclaimer. Full compliance by any Person or entity with the provisions of this Ordinance shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater or urban runoff, and/or the protection of stormwater and urban runoff quality. 8.28.150 City cooperation. The City intends to cooperate with other agencies with jurisdiction over stormwater and urban runoff discharges to ensure that the regulatory purposes underlying stormwater and urban runoff regulations promulgated pursuant to the Clean Water Act (33 USC ~1251 et sea.) are met. 8.28.160 Contracting for services. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this Ordinance. R:/Ords 2005/0rds O!>-12 5 I I I Article II. Prohibited and Exempted Discharges, Illicit Connections, and Liabilities Sections: 8.28.200 8.28.210 8.28.220 8.28.230 8.28.240 Prohibited discharges. Exempted discharges. Prohibition on illicit connections. Liability for prohibited discharges. Liability for illicit connections. 8.28.200 Prohibited discharges. A. The following discharges are prohibited: 1. Discharges into stormdrains in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in CWC section 13050), in water of the State. 2. Discharges into stormdrains that cause or contribute to exceedances of water quality objectives for surface water or groundwater. 3. Discharges into stormdrains containing pollutants which have not been reduced to the Maximum Extent Practicable (MEP). B. Discharges including, but not limited to, the following are prohibited from entering any stormdrain: 1. Sewage; 2. Wash water resulting from the hosing or cleaning of gas stations, auto-repair garages, or other types of fueling or automotive services facilities; 3. Runoff resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, port-a-potty servicing, etc.; 4. Wash water resulting from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning, etc.; 5. Wash water resulting from the cleaning or hosing of impervious surfaces in municipal, industrial, and commercial areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.; 6. Runoff resulting from material storage areas containing chemicals, fuels, grease, oil, other hazardous materials; R:/Ords 2005/0rds O!>-12 6 7. I 8. 9. 8.28.210 Pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water; Sediment, pet waste, vegetation clippings, or other landscape or construction- related wastes; and Food-related wastes (e.g., grease, fish processing and restaurant kitchen mat and trash bin wash water, etc.). Exempted discharges. A. Cateaoricallv Allowed Discharaes. The following discharges are exempt from discharge prohibitions established by this Ordinance: 1. 2. 3. 4. 5. 6. I 7, 8. 9. 10. 11. 12. 13. 14. 15. 16, 17. 18. I Diverted stream flows; Rising ground water; Uncontaminated ground water infiltration; Uncontaminated pumped ground water; Foundation drains; Springs; Water from crawl space pumps; Footing drains; Air conditioning condensation; Flows from riparian habitats and wetlands; Water line flushing; Landscape irrigation; Discharges from potable water sources other than water main breaks; Irrigation water; Lawn watering; Individual residential car washing; Non-emergency flows due to fire fighting activities; and Discharges from pools and fountains, provided such discharges are de- chlorinated. R:/Ords 2005/0rds O!>-12 7 I I I B. Separatelv Permitted Discharaes. The following discharges are exempt from discharge prohibitions established by this Ordinance, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB: 1. Discharges regulated under either a valid facility-specific NPDES Permit or facility-specific Waste Discharge Requirements Permit which has been issued by the Environmental Protection Agency ("EPA") or the State of California. C. Exemptions to Protect Public Health and Safety. Discharges determined by the City Engineer to be necessary to protect public health and safety including but not limited to prevent flooding of public or private property are exempt from the discharge prohibitions established by this Ordinance. In such situations, the determination of the City Engineer that a discharge is necessary may initially be made verbally but must promptly be confirmed in writing. 8.28.220 Prohibition on illicit connections. A. No person shall: 1. Act, cause, permit or suffer any agent, employee, or independent contractor, to establish, construct, maintain, operate or utilize any illicit connection, to cause, allow or facilitate any prohibited discharge listed in Section 8.28.200, Prohibited discharges. 2. Establish, continue, cause, allow or maintain any discharge that would result in or contribute to a violation of the permit, any State General Permit, or any other NPDES permit or set of waste discharge requirements issued by the Regional State Board, the Regional Board, or the EPA, either separately or in combination with other discharges, B. The prohibition against illicit connections shall apply, regardless of whether the connection was established prior to the date on which this Ordinance was enacted, C. A civil or administrative violation of this Ordinance shall occur, regardless of a person's negligence or their intent to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge, 8.28.230 Liability for prohibited discharges. A. Municipal NPDES Permit. 1. Any discharge that would result in or contribute to a violation of an existing or subsequently-adopted municipal NPDES permit(s) or any amendment or revision thereto or re-issuance thereof either separately considered or when combined with other discharges, is a violation of this Ordinance and 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 in any administrative or judicial enforcement action relating to such discharge. R:/Ords 2005/0rds O!>-12 8 I I I 2. The City Engineer may give written notice to the owner, operator, or occupant of the property or facility that the activities responsible for the discharge shall cease until such discharge is contained, treated, or disposed of properly. The written notice to mitigate the discharge shall expire thirty (30) days commencing upon delivery of the notice. Upon expiration of the thirty (30) day period, any such discharge shall constitute a violation of this Ordinance. B, NPDES Permit for Industrial. Construction and Dewaterina Activities. Any person associated with industrial, construction, dewatering or other activities and discharges subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the San Diego Regional Water Quality Control Board, shall comply with all requirements of such permits. Such Dischargers shall specifically comply with the requirements outlined in the respective State General Permits. Proof of compliance with said NPDES general permits may be required in a form acceptable to the City Engineer prior to issuance of any city grading, building, or occupancy permits. (Ord. 99-10 ~ 1 (part)) 8.28.240 Liability for illicit connections. 'Liability for any illicit connection shall be the responsibility of the person(s) causing or responsible for the, and such person(s) shall defend, indemnify and hold harmless the City in any administrative or judicial action relating to such connection. R:/Ords 2005/0rds O!>-12 9 I I I Article III . Legal Authority and Enforcement Sections: 8.28.300 8.28.310 8.28.320 Responsibility for administration. Violations and penalties. Enforcement. 8.28.300 Responsibility for administration. This Ordinance shall be administered for the City of Temecula by the City Engineer or his or her representative. 8.28.310 Violations and penalties. A. It shall be unlawful for any person to conduct any work or business, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance and State or Federal laws, The issuance of a grading or building permit, performance of permit inspections, or issuance of a certificate of occupancy may be withheld, revoked or suspended on property on which a violation of the provisions of this Ordinance exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. C. For existing industrial and commercial business facilities, violations of this Ordinance may be grounds for the suspension or revocation of a City business license in accordance with Chapter 5.04, Business Licenses and Regulations, of the Temecula Municipal Code. B. 8.28.320 Enforcement. Violation of the proviSions of this Ordinance shall be prosecuted pursuant to the proviSions of Chapters 1.20, General Penalty, and 1.21, Administration Penalties - Citations, of the Temecula Municipal Code and may be abated as publiC nuisances pursuant to Chapter 8.12 of the Temecula Municipal Code. R:/Ords 2005/0rds 0!>-12 10 I I I Article IV. Permits Sections: 8.28.400 Permit requirements for Construction and Industrial/Commercial activities. Penalties. Compliance with laws. 8.28.410 8.28.420 8.28.400 Permit requirements for Construction and Industrial/Commercial activities. A. State-issued Permits. Each person associated with any individual NPDES permit or State General NPDES Permit shall comply with all the requirements of such permits. Each person identified in these permits shall comply with and undertake all activities required by such permits. The City Engineer may require any person to which such a permit has been issued to provide proof of compliance with any such permit, in a form acceptable to the City Engineer, or his/her designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. City-issued Permits. An application for any of the following permits or approvals shall demonstrate how the requirements of this Ordinance will be met, and the permit or approval shall not be approved unless the City Engineer determines that the application complies with the requirements of this Ordinance: 1. Commercial Development Plan 2. Residential Development Plan 3. Industrial Development Plan 4. Grading Plan 5. Building Permit 6. Improvement Plan 7. Conditional Use Permit 8. Tentative Map Modifications 9. Map Modifications B. Permit Susoensions or Revocations. The City Engineer may suspend or revoke any permit issued by the City when it is determined that: 1. The permittee has violated any term, condition, or requirement of the permit, or any applicable provision of this Ordinance; R:/Ords 2005/0rds 0!>-12 11 I I I 2. The circumstances have changed so that it is no longer appropriate to except the Discharge. The permittee fails to comply with any schedule for compliance issued pursuant to this Ordinance; or 3. 4. Any regulatory agency, including the EPA, the State Board or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated. C. Permit Modifications. The City Engineer may modify any permit when it is determined that: 1. Federal or state law requirements have changed in a manner that necessitates a change in the permit; or 2. The permittee's discharge or the circumstances under which the discharge occurs have changed; or D. 3. A change to the permit is necessary to ensure compliance with the objectives of this Ordinance, or to protect the quality of receiving waters. Aooeals. The determination that a permit shall be denied, suspended, revoked or modified may be appealed pursuant to the procedures identified in Article VI., Legal Authority and Enforcement, of this Ordinance. The permittee may request a temporary variance to continue to discharge pending issuance of a final decision through the appeal process. E. Notification. The permittee shall be informed of any change in the permit terms and conditions at least forty-five (45) business days prior to the effective date of the modified permit. 8.28.410 Penalties. Any violation of the terms, conditions and requirements relating to the control of discharges to the storm drain system of any permit issued by the City shall constitute a violation of this Ordinance and subject the violator to the administrative, civil and criminal remedies available under this Ordinance. 8.28.420 Compliance with laws. Compliance with the terms, conditions and requirements of a permit issued by the City shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued. R:/Ords 2005/0rds 0!>-12 12 I I I Article V . Control of Urban Runoff Sections: 8.28.500 New development projects and modifications to existing development. Expiration of plans. Existing development. 8.28.510 8.28.520 8.28.500 New development projects and modifications to existing development. A. General Reauirements. New development and modifications to existing development shall be designed to control pollutants in stormwater and urban runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters. The City Engineer shall approve the BMPs that may be implemented to prevent such deterioration and shall approve the manner of implementation. New development and modifications to existing development shall comply with the following: Construction Runoff Comoliance. All individual grading and building projects with active grading or building permits shall implement measures, including adherence to the SWPPP, to ensure that all pollutants from the site will be either eliminated or reduced to the maximum extent practicable, and will not cause or contribute to an exceedance of water quality objectives as described in the San Diego Regional Water Quality Control Board Basin Plan. All grading and building activities will be in compliance with the Grading, Erosion and Sediment Control Ordinance; the Grading Manual; other applicable ordinances; Federal, State, and local permits; and other applicable requirements. B C. Water Qualitv Manaaement Plan CWQMP) Reauired. New development and modifications to existing development projects shall comply with the following: 1. A Water Quality Management Plan (WQMP) shall be required for all new development projects that meet the specified categories listed in the City of Temecula MS4 Permit and modifications to existing development projects as defined in the MS4 Permit. 2. Projects not requiring a WQMP will be required to implement minimum BMPs designated by the City according to conditions and requirements established by the City Engineer. 3. A WQMP shall be required if the City Engineer determines that the development may result in the discharge of significant levels of a Pollutant into a tributary to the Stormwater Drainage System. 4. If the City Engineer determines that the project will have a de minimis impact on the quality of stormwater and urban runoff, then the City Engineer may issue a written waiver of the requirement for preparation and acceptance of a WQMP. R:/Ords 2005l0rds 0!>-12 13 D. Contents of a WQMP. I 1. e. f. g. I h, i. j. k. I. 2. The BMPs identified in the WQMP shall address site design, source controls and treatment controls by: a. Controlling the post-development urban runoff discharge velocities, volumes, durations, and peak flow rates to maintain or reduce pre- development urban discharge velocity, volume, durations, and peak flow rates; b. Conserving natural areas where feasible; c. Identifying pollutants for which water bodies receiving the development's runoff are listed as impaired under CWA section 303(d) and all identifying pollutants associated with the land use of the development. d. Correctly designing BMP's to effectively remove or treat the pollutants associated with the project; Minimizing directly connected impervious areas; Protecting slopes and channels from downstream erosion; Including storm drain stenciling and signage; Including properly designed outdoor material storage areas; Including properly designed trash storage areas; Including proof of a mechanism to ensure ongoing long-term BMP maintenance, and following any transfers of ownership. Increasing permeable areas; Implementing BMPs close to pollutant sources and prior to discharging into receiving waters; m. Ensuring that post-development runoff does not contain pollutants which cause or contribute to an exceedance of water quality objectives, as outlined in the SDRWQCB Basin Plan, and have been reduced to the MEP; n. Not constructing BMP's in receiving waters; and o. Not using a receiving water as a BMP. During the planning application submittal process for any new development or modifications to existing development, the permittee shall submit a WQMP. The applicant shall obtain the City Engineer's acceptance of a WQMP prior to the issuance of a permit land use approval or, at the City's discretion, prior to recordation of a map. The Public Works Department shall review all WQMPs I R:/Ords 2005/0rds 0!>-12 14 I I I and impose terms, conditions and requirements on the project in accordance with this Ordinance prior to the City's issuance of a permit, approval, or map. 3. New development and modifications to existing development shall implement and adhere to the terms, conditions and requirements of the approved WQMP. 4. The City Engineer may require that the WQMP, or components within the WQMP, be recorded with the County Recorder's office. The signature of the property owner, or successor in interest, shall be sufficient for the recording of the plan or any revised plan. A signature on behalf of the City shall not be required for recordation. E. The Drainaae Area Manaaement Plan (DAMP). All New Development and Modifications to existing development projects shall also be undertaken and implemented in a manner that is consistent with the DAMP, and shall also fulfill any conditions and requirements established by the Planning Department and Public Works Department which are related to the reduction or elimination of Pollutants in stormwater and urban runoff from the project site. F. Continuation of Terms. Conditions and Reauirements for New Development or Modifications to Existina Development Proiects, All terms, conditions and requirements which the Planning and Public Works Departments have initially imposed pursuant to this Section for either a new development or modifications to existing development project shall remain in effect upon the transfer of the property. Any owner of the property, or their successors, or assigns, shall be in violation of this Ordinance if they fail to implement and/or adhere to the terms, conditions and requirements imposed pursuant to this Section on a New Development or Modifications to existing development project. 8.28.510 Expiration of plans. A. Approved plans for which no inspections have occurred shall expire 180 days following the date of submittal and may be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a periOd not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action after the plans have expired pursuant to the Ordinance, the applicant shall resubmit the plans and pay the most current plan review fee. 8.28.520 Existing development. A. General Reauirements. Existing development shall prevent pollutants from discharging into stormdrain systems, and shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The City Engineer shall identify the BMPs that shall be implemented to prevent such deterioration and shall identify the manner of implementation. R:/Ords 2005l0rds 0!>-12 15 I I I B. Industrial and Commercial Business Facilities. Each person in charge of day to day operations of an industrial or commercial business facility in the City shall implement those minimum BMPs as may be designated by the City Engineer, For those facilities that are tributary to impaired water bodies and/or are directly adjacent to or discharging directly to receiving waters, BMPs shall include additional controls as the City Engineer may require. C. Common Interest Areas. Homeowners' Associations. and Prooerty Manaaement Oraanizations. Each person who owns, operates, or is in charge of day to day activities of common interest areas on Private Property in the city shall ensure that runoff from within common interest areas, including private roads, drainage facilities, and other components of the storm water conveyance system, meets the objectives of the City's permit and this Ordinance.. D. Litter control. 1. No person shall dump, dispose, or stockpile any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the storm drain system, except in trash containers, or at a lawfully established waste disposal facility. 2. Any person who owns or occupies a property on which a prohibited disposal of waste materials occurs shall ensure that all such waste materials are properly collected and disposed of within a reasonable period of time. 3. Any person who either owns or occupies property and who fails to comply with the requirements of this Ordinance may be charged with creating a nuisance upon the property. R:/Ords 2005/0rds 0!>-12 16 I I I Article VI . Regulatory Inspections Sections: 8.28.600 8.28.610 8.28.620 8.28.630 8.28.640 Right to inspect. Records review. Authority to sample and test. Monitoring. Test results. 8.28.600 Right to inspect. A. Normal Conditions. For routine inspections, the City Engineer may inspect construction sites, industrial and commercial business facilities, and associated activities subject to this Ordinance at reasonable times and in a reasonable manner to carry out the purposes of this Ordinance. If entry for a regulatory inspection is refused by a construction site representative, or by a facility owner, occupant, or operator, an inspection warrant shall be obtained prior to inspection. 1. When any new structural BMP is installed on private property as part of a project that requires a City permit or business license, in order to comply with this Ordinance, the property owner, occupant or operator shall provide the City access for inspection of BMPs to ensure that the BMP is working properly. This includes the right to enter the property without prior notice, as needed, when the City has a reasonable basis to believe that the BMP is not working properly, or to enter for any follow-up inspections, or to enter when necessary for abatement of a nuisance or correction of a violation of this Ordinance. 2. Inspections may include all actions necessary to: a. Determine whether any illegal discharges or illegal connections exist; b. Determine whether the BMPs installed and implemented are adequate to comply with this Ordinance; c. Determine whether the BMPs are being properly maintained; d. Determine whether the facility or activity complies with the other requirements of this Ordinance; e. Identify products produced, processes conducted, chemicals used and materials stored on or contained within the property that could constitute a threat to water quality if a discharge occurs; f. Identify point(s) of discharge of all wastewater and processed water; h. Establish the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; R:/Ords 2005l0rds 0!>-12 17 I I I i. Locate any Illicit Connection or the source of any Prohibited Discharge; j. Evaluate compliance with any permit issued by the City relating to a discharge to the Storm Drain System; or k. Investigate any complaints forwarded to the City by third parties related to discharge. This may include, but may not be limited to sampling, metering, visual inspections, and records review. B Emeraencv Conditions. If the City Engineer has reasonable cause to believe that non- stormwater runoff is actively discharging from the property onto any public street, inlet, gutter, or any other storm drain system, the City Engineer shall have the right to immediately enter and inspect said property regardless of whether said property is occupied or unoccupied, and regardless of whether formal permission to inspect said property has been obtained. 8.28.610 Records review. The City Engineer may inspect the property owner's, occupant's, or operator's records relating to chemicals or processes presently or previously occurring on-site, including but not limited to, material and/or chemical inventories, facility maps or schematics and diagrams, Material Safety Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State General Permits, Stormwater Pollution Prevention Plans, Monitoring Program Plans, any records relating to Illicit Connections, Prohibited Discharges, or any other source of contribution or potential contribution of Pollutants to the Storm Drain System. Records, reports, analyses, or other information required under this Ordinance may be inspected and copied, and photographs taken to document a condition and/or a violation of this Ordinance, 8.28.620 Authority to sample and test. The City Engineer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or discharge from any treatment system for the purpose of determining the potential for contribution of pollutants to the storm drain system. The City Engineer may investigate the integrity of all storm'drain and sanitary sewer systems, or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The City Engineer shall be authorized to document conditions on the property by any reasonable means. It shall be a violation of this Ordinance for anyone other than the City Engineer to tamper, dismantle or otherwise intentionally disable, modify or in any way damage such monitoring devices. 8.28.630 Monitoring. The City Engineer may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the Storm Drain System. 8.28.640 Test results. Upon submission of a written request by the owner or occupant of the property subject to inspection, the City Engineer shall provide copies of all monitoring and test results conducted to the owner or occupant. R:/Ords 2005/0rds 0!>-12 18 I I I Article VII . Plan Review and Inspection Fees Sections: 8.28.700 WQMP review fees - new development projects and modifications to existing development. Inspection fees. Refunds. 8.28.710 8.28.720 8.28.700 WQMP review fees - new development projects and modifications to existing development. When WQMPs are required pursuant to the provisions of this Ordinance, the City Engineer shall collect the required plan review fee and/or deposit as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. [Adopted concurrently with this Urgency Ordinance.] 8.28.710 Inspection fees. A. Construction Proiects. When follow-up site inspections are required in accordance with new development projects and modifications to existing development pursuant to the provisions of this Ordinance, the City Engineer shall collect the inspection fee as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. [Adopted concurrently with this Urgency Ordinance.] B, Existina Commercial and Industrial Businesses. In addition to the City's annual business licensing requirements pursuant to Chapter 5.04, Business Licenses and Regulations, of the City's Municipal Code, existing commercial and industrial businesses, listed in the City's NPDES Permit, shall pay an annual inspection fee to ensure compliance with the City's NPDES Permit, as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. 8.28.720 Refunds. After submittal and commencement of processing by the City, no fee(s) collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows: A. Inspection fees may be refunded, less any City expenses incurred, including an overhead charge of twenty percent (20%), at any time prior to the start of the work upon the applicant's written request, provided any City permit has expired or has been withdrawn. B. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done. C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than one (1) year from the date of payment of the fee as to which a refund is claimed. R:/Ords 2005/0rds 0!>-12 19 Article VIII. I Definitions of Terms Sections: 8.28.800 Definitions. Whenever in this Ordinance and the Manual, or in any resolution or standard adopted by the City Council pursuant to this Ordinance, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Authorized InsDector" means the City Engineer and all persons designated by him/her and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this Ordinance. "Best Manaaement Practices" or "BMPs" means, as defined in 40 CFR 122.2, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the U.S. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage, "City Enaineer" means the Director of Public Works/City Engineer of the City of Temecula, or his or her designee. I "ComDliance Schedule" means the time period allowed by the City for a discharger to achieve compliance with the requirements of this Ordinance. The Compliance Schedule shall contain speCific dates by which adequate treatment facilities, devices, or any other related equipment and/or procedures shall be installed or implemented. "Construction Activitv" means any activity used in the process of developing, redeveloping, enhancing, or maintaining land, including, but not limited to, land disturbance, building construction, paving and surfacing, storage or disposal of construction related materials. "Construction Site" means any project requiring a local grading or building permit, including projects requiring coverage under the General Construction Permit that involves soil disturbing activities. Soil disturbing activities include clearing, grading, excavation and any other disturbances to ground. This definition includes stockpiling. "Contamination" means, as defined in the Porter-Cologn Water Quality Control Act, contamination is "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. 'Contamination' includes any equivalent effect resulting from the disposal of waste whether or waters of the State are affected." "Co-Permittee" means the County of Riverside, the Riverside County Flood Control and Water Conservation District and the City of Murrieta which are responsible for compliance with the terms of the Permit. I "CWA" means the Clean Water Act. R:/Ords 2005/0rds 0!>-12 20 I I I "DAMP" means the Riverside County Drainage Area Management Plan, as the same may be amended from time to time. "Discharae" means any release, spill, leak, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance. "Discharae Exception" means those activities not restricted or prohibited by this Ordinance or exempted under Section A of the Permit or a subsequent Permit. "Discharaer" means any person, any property owner, or any occupant of any unit, building, premises or lot within the City, who either discharges or causes to be discharged any of the substances listed under "Discharge," above, either directly or indirectly, into the City's Storm Drain System. In any action taken to enforce this Ordinance, the burden shall be on the person who is the subject of such action to establish that a Discharge was within the scope of this discharge Exception. "Enforcina Attorney" means the City Attorney, or the District Attorney acting as counsel to the City of Temecula, and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney, or his/her designee, shall act as the Enforcing Attorney. "ESA" means Environmentally Sensitive Areas "in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would easily be disturbed or degraded by human activities and developments" (California Public Resources Code section 30107.5). ESAs subject to urban runoff requirements included but are not limited to all CWA section 303 (d) impaired water bodies, areas designated as Areas of Special Biological Significance by the SWRCB (Basin Plan); water bodies designated with the RARE beneficial use by the SWRCB (Basin Plan); areas within the Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP) plan areas that contain rare or especially valuable plant or animal life or their habitat; and any other equivalent environmentally sensitive areas which the Permittees have identified.. "Hearina Officer" means the City Engineer or his/her designee, who shall preside at any administrative hearings authorized by this Ordinance, and who is authorized to issue final decisions on the matters raised therein. "Illicit Connection" means any connection to the MS4 that conveys an illicit discharge. "Illicit Discharae" means any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities [40 CFR 122.26(b)(2)], "Invoice for Costs" means the actual costs and expenses of the City, including but not limited to administrative overhead, salaries and other expenses recoverable under California law, incurred during any Inspection conducted pursuant to Article IV of this Ordinance or where a Notice of Noncompliance, Administrative Compliance Order or other enforcement option under Article V of this Ordinance is utilized to ensure compliance with this Ordinance. R:/Ords 2005l0rds 0!>-12 21 I I I "Maximum Extent Practicable" ("MEP") means the technology-based standard established by Congress in CWA section 402(p)(3)(B)(iii) that operators of MS4s must meet. Technology- based standards establish the level of pOllutant reductions that dischargers must achieve, typically by treatment or by a combination of source control and treatment control BMP's. MEP generally emphasizes pollution prevention and source control BMP's primarily (as the first line of defense). The definition of MEP is dynamic and will be defined by the following process over time; municipalities propose their definition of MEP by way of the SWMP, Their total collective and individual activities conducted pursuant to the SWMP becomes their proposal for MEP as it applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping, or MEP for MS4 maintenance). "Modifications to existina develoDment" means the creation or addition of impervious surfaces or the making of improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. This definition is consistent with the term "Redevelopment" as referenced in the MS4 permit. "New DeveloDment" means all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or grading for future construction, for which a land use approval, grading permit, building permit or "non-residential plumbing permit" is required. "Non-residential Plumbina Permit" means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids, other than stormwater, potable water, reclaimed water or domestic sewage. "NPDES or "National Pollution Discharae Elimination Svstem" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the CWA. "Owner or ODerator" means the owner or operator of any facility or activity subject to regulation under the NPDES program.. "Permit" means the current permit issued by the Regional Board, under the authority of the Federal Clean Water Act, or any succeeding permit, and any other currently applicable municipal discharge permit[s], which establishes waste discharge requirements applicable to stormwater and urban runoff within the City. "Permittee" means any person, property owner, contractor, or authorized agent to whom a permit is issued pursuant to this Ordinance. "Person" means an individual, association, partnership, corporation, municipality, State or Federal agency, or any agent or employee thereof [40 CFR 122.2]. "Pollutant" means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. "Prohibited Discharae" means any Discharge which contains any Pollutant, from public or private property to (i) the Storm Drain System; (ii) any upstream flow, which is tributary to the Storm Drain System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, R:/Ords 2005/0rds 0!>-12 22 I I I wetlands area, or marsh; or (iv) which is otherwise prohibited by the Permit. The term "Prohibited Discharge" shall not include discharges allowable under the Discharge Exception. "Receivina Waters" means the waters of the United States. This applies to natural drainage channels, active or not, including all tributaries leading to streams, creeks, rivers, and other waterbodies. "Reaional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board which has jurisdiction over the City. "Modifications to existina development" means the rehabilitation or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a land use approval, grading permit, building permit or Non-residential Plumbing Permit is required. "Site" means the real property on which activities subject to this Ordinance may occur. "State Board" or "SWRCB" means the State Water Resources Control Board. "State General Permit" means either the State General Industrial Stormwater Permit or the State General Construction Permit, as the same may be amended from time to time, and the terms and requirements of either or both permits. In the event the EPA revokes the in-lieu permitting authority of the State Board, then the term State General Permit shall also refer to any EPA-administered stormwater control program for industrial activities, construction activities, or any other type of activity that is subsequently regulated through a state general Permit. "Storm Drain Svstem" means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet, stream, creek, river, or other facility within the City limits, which is a part of or tributary to the County-wide stormwater runoff system and owned, operated, maintained or controlled by the City, the County of Riverside, the Riverside County Water Conservation and Flood Control District or any Co-Permittee, and used for the purpose of collecting, storing, transporting, or disposing of stormwater. "Stormwater Manual" means the City of Temecula Administrative and Technical Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control. "Stormwater Runoff" means that part of precipitation (rainfall) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi-perivious or pervious surfaces. "Urban Runoff" means surface water flow produced by non-stormwater resulting from residential, commercial and industrial activities involving the use of potable and non-potable water. "WQMP" means a Water Quality Management Plan, R:/Ords 2005/0rds 0!>-12 23 I I I Section 21: The City Council authorizes and directs the Director of Public Works/City Engineer to prepare and utilize a manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control" in substantially the form set forth in Exhibit A. Section 22: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 23: Environmental Determination. The construction and industrial/commercial activities regulated by this Ordinance represent an implementation component of the adopted General Plan to mitigate potential and theoretical impacts to water quality. The general impacts of the General Plan were evaluated in the Final Environmental Impact Report that was prepared for the updated General Plan. The Final EIR for the General Plan was certified by the City Council on April 12, 2005. The adoption of the proposed Ordinance will allow the City to establish procedures and requirements that will regulate pollutants in stormwater and urban runoff within the City. The proposed Ordinance is expected to result in benefits to the waters of the United States and the protection of the environment. No new development will occur because of the adoption of this Ordinance. Therefore, this project is categorically exempt from CEQA pursuant to the provision of Sections 15308 and 15601 (b)(3), and therefore, no further environmental review is required. The City further acknowledges that the action is the replacement of the existing regulatory ordinance with an ordinance of similar character reflecting the current state of the applicable law. In light of this deminimus substitution the general rule of CEQA as set forth in State CEQA Guidelines Section 15601(b)(3) is also deemed applicable to this action as it can be seen with certainty that the adoption of this superceding ordinance will not cause new or additional adverse effects upon the environment. Section 24: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law, Section 25: Declaration of Uraencv. The City of Temecula is required, as a condition of the Permit and the law as described in Sections 1 through 19, inclusive, to have the current regulatory requirements adopted and enforceable on or before July 14, 2005. In order to satisfy this requirement the City must take action to enact this ordinance so as to make it enforceable on an immediate basis. This urgency ordinance is adopted with the purpose and intent of satisfying the City of Temecula's obligations under the Permit and the law, Accordingly, this City Council hereby declares the adoption of this ordinance to be a matter of public safety and so invoke the authority established in California Government Code Section 36937(b) to cause this ordinance to be effective immediately and to continue in effect until superceded by an ordinance of similar intent, purpose and effect passed and adopted subsequently to this enactment. The City Council of the City of Temecula has recognized the need for the immediate preservation of the general health, safety and welfare of the City by the immediate adoption of this ordinance and the fees arising under this ordinance for the services required pursuant to Article VII of this ordinance. R:/Ords 2005/0rds 0!>-12 24 I PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 28th day of June, 2005. ATTEST: > STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do herby certify that the foregoing Ordinance No. 05-12 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 28th day of June, 2005 by the following vote: AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None I R:/Ords 2005/0rds 0!>-12 25