HomeMy WebLinkAbout05-13 CC Ordinance
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ORDINANCE NO. 05.13
AN 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
(UNPDES") 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 Permi!.
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
Permi!.
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.
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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 insta,lIation 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;
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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
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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.
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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.
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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;
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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.
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8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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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.
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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.
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.
2.
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.
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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))
2.
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.
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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.
B.
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.
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.
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Article IV.
Permits
Sections:
8.28.400
8.28.410
8.28.420
Permit requirements for Construction and Industrial/Commercial
activities.
Penalties.
Compliance with laws.
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 Suspensions 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;
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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
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.
D.
Appeals. 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.
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Article V .
Control of Urban Runoff
Sections:
8.28.500
8.28.510
8.28.520
New development projects and modifications to existing
development.
Expiration of plans.
Existing development.
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 Compliance. 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 rwQMPl 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.
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D. Contents of a WQMP.
1.
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.
2.
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
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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.
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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 Property 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.
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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;
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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 arid/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 properly 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.
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Article VII .
Plan Review and Inspection Fees
Sections:
8.28.700
WQMP review fees - new development projects and modification 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.
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.
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.
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Article VIII.
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 Inspector" 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.
"Compliance 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 Activity" 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.
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"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 ExceDtion" means t.hose 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.
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"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 development" 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 Development" 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 Operator" 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,
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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.
"Receiving 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.
"Regional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board
which has jurisdiction over the City.
"Modifications to existing 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 System" 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.
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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: Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 25: This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall, or a summary hereof, be published in a newspaper
published and circulated in said City.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on
I the 28th day of June, 2005. /,' /
ATTEST:
.~
, .
Sus~n W Jones, CMC
City G!er
"
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-13 was duly introduced and placed upon its first reading at a
meeting of the City Council on the 28th day of June 2005, and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the 12th day of July, 2005, by
the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
ABSENT:
ABSTAIN:
o
COUNCILMEMBERS: None
o
o
COUNCILMEMBERS: None
COUNCILMEMBERS: None
I
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