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HomeMy WebLinkAbout12-05 CC Ordinance ORDINANCE NO. 12-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE RELATING TO STORM WATER AND URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROL, 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 HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The federal Clean Water Act (33 U.S.C. § 1251, ) and California's Porter- Cologne Water Quality Control Act provide for the regulation and reduction of pollutants discharged into Federal and State waters, respectively, by extending National Pollutant Discharge Elimination System ("NPDES") requirements to storm water and non-storm water urban runoff discharged into and from municipal storm drain systems. B. The City of Temecula (the "City") is a co-permittee under the current version of the NPDES Municipal Separate Storm Sewer System ("MS4") permit ("MS4 permiY') regulating waste discharges into and from those portions of the storm drain system in Riverside County that are located within the jurisdiction of the San Diego Regional Water Quality Control Board (Regional Board). As a co-permittee under the MS4 Permit, the City is required to adopt water quality ordinances and implement procedures with respect to discharges into the municipal separate storm sewer system. C. 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 MS4 Permit, and to specifically prohibit certain discharges identified in the MS4 Permit. D. 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 MS4 Permit, and thereby fully and timely comply with the terms of the MS4 Permit. R:/Ords 2012/Ords 12- 1 E. In order to control in a cost-effective manner, the quantity and quality of storm water and non-storm water urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. F. This Ordinance is being amended in order to comply with the current version of the federal requirements for the control of pollutants to storm water and non- storm water urban runoff (urban runoff), which enters the Storm Drain System throughout the portions of Riverside County covered by the MS4 Permit. G. 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. H. The City has determined that a legitimate local purpose is present in complying with the provisions of the MS4 Permit. I. The land use authority exercised by the City pursuant to California Government Code §65300 et seq•, requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land. J. 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, prevent sediment releases, and prohibit the pollution of streams and other waters; K. 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; L. 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; M. 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; N. All dischargers subject to the provisions of the State Industrial General Permit and the State Construction General Permit (referred to collectively herein as the "State General Permits") must comp�y with the lawful requirements of these State General Permits and of the City's MS4 Permit which regulate discharges to the storm drain system within its jurisdiction; R:/Ords 2012/Ords 12-05 2 O. All dischargers subject to the provisions of the State General Permits are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and make them available to the City for inspection; P. All dischargers subject to the provisions of the State General Permits may be required by the City, with the concurrence of the San Diego Regional Water Quality Control Board, or State Water Resources Control Board, or to amend any Storm Water Pollution Prevention Plan; Q. All dischargers subject to the provisions of the State General Permits are required to implement monitoring programs on-site and make all information and records associated with these programs available to the City for inspection; R. The City has jurisdiction over certain storm water conveyance facilities within the City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits or the City's MS4 Permit, and the City may request that the regulated dischargers furnish information and records necessary to determine compliance with these permits; S. The City has jurisdiction over certain stormwater conveyance facilities within the City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits or the City's MS4 Permit, and the 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 these permits; (ii) access and copy, at all reasonable times, any records that are required to be kept under the conditions of these 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 these permits. Section 2. Chapter 8.28 of the Temecula Municipal Code,is hereby amended to read as follows: "CHAPTER 8.28 STORM WATER AND URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS Article I. General Provisions Sections: 8.28.100 Title. 8.28.110 Purpose and Intent. 8.28.120 Storm Water and Urban Runoff Manual. 8.28.130 Regulatory Consistency. 8.28.140 Compliance Disclaimer. R:/Ords 2012/Ords 12-05 3 8.28.150 City Cooperation. 8.28.160 Contracting for Services. 8.28.100 Title. This Ordinance shall be known as the "City of Temecula Storm Water and Urban Runoff Management and Discharge Control Ordinance (Water Quality 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) and California Porter- Cologne Act, in order to ensure the future health, safety, and general welfare of the citizens of this City by: A. Establishing requirements to prevent urban runoff into and from the storm drain system. (Ord. 99-10 § 1 (part)); B. Establishing requirements to reduce pollutants in storm water to the maximum extent practicable; C. Establishing requirements for development projects for permanent water quality control measures; D. Establishing requirements to reduce pollutant discharges from construction sites, existing commercial and, industrial businesses and activities, and existing residential neighborhoods; and E. Establishing requirements to prevent illicit connections and illegal discharges into and from the storm drain system. 8.28.120 Storm Water 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. 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 R:/Ords 2012/Ords 12-05 4 shall be reviewed and approved by the City Engineer and take effect immediately upon approval. 8.28.130 Regulatory Consistency. This Ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and California's Porter-Cologne Water Quality Control Act, and any amendments thereof, and all applicable implementing regulations, and any existing or future 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 copermittees and agencies with jurisdiction over storm water and urban runoff discharges to control the contribution of pollutants throughout the shared portions of the copermittees' storm drain system and to ensure that the regulatory purposes underlying storm water and urban runoff regulations promulgated pursuant to the Federal Clean Water Act (33 USC §1251 et se�c .) and California's Porter-Cologne Water Quality Control Act 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. Article II. Prohibited and Exempted Discharges, Illicit Connections, and Liabilities Sections: 8.28.200 Prohibited Discharges. 8.28.210 Exempted Discharges. 8.28.220 Prohibition on Illicit Connections. 8.28.230 Liability for Prohibited Discharges. 8.28.240 Liability for Illicit Connections. R:/Ords 2012/Ords 12-05 5 8.28.200 Prohibited Discharges. A. The following discharges are prohibited: 1. Discharges into and from MS4s in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in CWC section 13050), in receiving waters within the City; 2. Discharges into and from MS4s that may cause or contribute to exceedances of water quality objectives, violations to designated beneficial uses or State policy with respect to maintaining high quality waters, or to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. 3. Discharges into and from MS4s containing pollutants which have not been reduced to the Maximum Extent Practicable (MEP). 3. Discharges listed in the Regional Board's Water Quality Control Plan for the San Diego Basin (Basin Plan). 4. Urban runoff into and from MS4s, unless exempted under section 8.28.210, Exempted Discharges, of this ordinance, or authorized by a separate NPDES permit issued by the Regional Board, State Water Resources Control Board (State Board), or Environmental Protection Agency (EPA). 5. Sewage; 6. Wash water from hosing or cleaning gas stations, vehicle maintenance facilities, or other related services; 7. Wash water from hosing, cleaning, repairing, or maintaining motorized equipment or machinery, 8. Runoff containing pollutants associated with construction sites, activities, materials, or waste; 9. Runoff containing pollutants associated with industrial sites, activities, materials, or waste; 10. Runoff from mobile operations such as automotive detailing, window washing, carpet and drape cleaning, pet services, power washing, etc.; 11. Runoff from hosing or cleaning parking lots, streets, alleys, gutters, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas and their associated trash enclosures, etc.; R:/Ords 2012/Ords 12-05 6 12. Runoff from material storage areas containing toxic or hazardous chemicals, fuels, grease, oil, and other related substances; 13. Swimming pool and other non-potable water containing chlorine, biocides, chemicals, filter or acid backwash, or other pollutants; 14. Sediment, pet waste, and trash; 15. Runoff containing pollutants associated with landscape activities, materials, or waste; 16. Runoff containing pollutants associated with food-related establishments, activities, materials, or wastes; 17. Runoff caused by irrigation water. 8.28.210 Exempted Discharges. A. The following discharges are exempt from discharge prohibitions established by this Ordinance: 1. Diverted stream flows; 2. Rising ground water; 3. Uncontaminated ground water infiltration; 4. Uncontaminated pumped ground water; 5. Foundation drains; 6. Springs; 7. Water from crawl space pumps; 8. Footing drains; 9. Air conditioning condensation; 10. Flows from riparian habitats and wetlands; 11. Water line flushing other than fire sprinkler system maintenance and testing (Discharges from fire sprinkler maintenance and testing require a separate NPDES permit); 12. Discharges from potable water sources other than water main breaks; R:/Ords 2012/Ords 12-05 7 13. Individual residential car washing, unless the City, San Diego Regional Water Quality Control Board, State Water Resources Control Board, or EPA identifies the discharge as a source of pollutants to water courses; 14. Emergency firefighting flows due to firefighting activities; and 15. Swimming pool water, provided such discharges are de-chlorinated and do not contain biocides, chemicals, filter or acid backwash, or other pollutants. 8.28.220 Prohibition on Illicit Connections. A. No person shall: 1. Cause, permit, allow, or facilitate any agent, employee, or independent contractor, to establish, construct, maintain, operate or utilize any illicit connection; 2. Cause, permit, allow, or facilitate any prohibited discharge listed in Section 8.28.200 (Prohibited Discharges) into or from any illicit connection; 3. Cause, permit, allow or facilitate any discharge that would result in or contribute to a violation of the City's MS4 permit, any State General Permit, or any other NPDES permit issued by the Regional Board, the State Board, , or EPA, either separately or in combination with other discharges, into or from any illicit connection. 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, permit, allow, or facilitate any prohibited discharge. 8.28.230 Liability for Prohibited Discharges. A. NPDES MS4 Permit. Any discharge that results in or contributes to a violation of the City's most current version of its NPDES MS4 permit 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 responsibfe for the discharge, and such person(s) shall immediately eliminate the discharge and defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. R:/Ords 2012/Ords 12-05 8 B. NPDES Permits for Commercial, Industrial, Construction and Dewaterinq Activities. Any person associated with commercial, industrial, construction, dewatering or other activities and discharges subject to the City's current NPDES MS4 permit or any other NPDES Permit issued by the San Diego Regional Water Quality Control Board (Regional Board), State Water Resources Control Board (State Board), or Environmental Protection Agency (EPA) shall comply with all requirements of such permits. Proof of compliance with said NPDES general permits may be required by 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 connection, and such person(s) shall immediately eliminate the illicit connection and defend, indemnify and hold harmless the City in any administrative or judicial action relating to such connection. Article III. Legal Authority and Enforcement Sections: 8.28.300 Responsibility for Administration. 8.28.310 Violations and Penalties. 8.28.320 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 or activities, including mobile operations, violations of this Ordinance may be grounds for the R:/Ords 2012/Ords 12-05 9 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. Article IV. Permits Sections: 8.28.400 Permit Requirements for Construction, Commercial, and Industrial Activities. 8.28.410 Penalties. 8.28.420 Compliance with Laws. 8.28.400 Permit Requirements for Construction and Industrial/Commercial Activities. A. State-issued Permits. Any person causing, permitting, allowing, or facilitating a prohibited discharge must: (1) Immediately discontinue the discharge, or (2) Be enrolled under an NPDES permit, issued by the Regional Board, State Board, or EPA, that specifically allows such discharge to occur, or (3) Comply with the obligations required by the city's NPDES MS4 permit and this ordinance and provide proof of compliance, including identification and implementation of specific pollution prevention measures, also known as Best Management Practices (BMPs), and their effectiveness at reducing or eliminating such discharges 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. 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 R:/Ords 2012/Ords 12-05 10 4. Grading Pian 5. Building Permit 6. Improvement Plan 7. Conditional Use Permit 8. Tentative Map Modifications 9. Map Modifications C. Permit Susqensions 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; 2. The circumstances have changed so that it is no longer appropriate to exempt the Discharge. 3. The permittee fails to comply with any schedule for compliance issued pursuant to this Ordinance; or 4. Any regulatory agency, including the EPA, the State Board or Regional Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated. D. 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 latest version of the City's NPDES MS4 permit and objectives of this Ordinance, or to protect the quality of receiving waters. E. Appeals. The determination that a permit shalf be denied, suspended, revoked or modified may be appealed pursuant to the procedures identified in Article III (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. R:/Ords 2012/Ords 12-05 11 F. Notifications. 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. Article V. Control of Urban Runoff Sections: 8.28.500 New Developments, Modifications to Existing Developments, and One-acre Threshold Projects. 8.28.510 Expiration of plans. 8.28.520 Existing development. 8.28.500 New Developments, Modifications to Existing Developments, and One-acre Threshold Projects. A. General Reauirements. New development, modifications to existing developments, and one-acre threshold projects shall be designed to control pollutants in storm water and urban runoff so as to prevent exceedances of water quality objectives, violations to designated beneficial uses or State policy with respect to maintaining high quality waters, or degradation of water quality such that a condition of pollution or contamination is created or aggravated. The City Engineer shall approve the BMPs that may be implemented to prevent such deterioration and shall approve the manner of implementation. New development, modifications to existing development, and one-acre threshold projects shall comply with the following: B Construction Runoff Compliance. All individual grading and building projects with active grading or building permits shall implement erosion and sediment measures, including all other necessary pollution prevention controls, throughout R:/Ords 2012/Ords 12-05 12 the project, year-round. If the project meets or exceeds one acre of land disturbance, the project must also enroll under, and adhere to all of the requirements of, the latest version of the State Construction General permit (CGP) to ensure that all pollutants throughout and 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. C. Standard Storm Water Mitiqation Plan (SSMP) / Water Quality Management Plan �WQMP) Required. New development, modifications to existing development, and one-acre threshold projects shall comply with the following: 1. A Standard Storm Water Mitigation Plan (SSMP), also known as the Water Quality Management Plan (WQMP), shall be required for: a. All new development projects that create 5,000 square feet of impervious surface; b. Modifications to existing developments (redevelopments) that create, add, or replace 5,000 square feet of impervious surface; c. New and redevelopment projects that create, add, or replace 2,500 square feet of impervious surface and are located adjacent to, and discharging into, a natural drainage channel or other Environmentally Sensitive Area; d. Projects that disturb one-acre of land (one-acre threshold projects), regardless of impervious surface coverage; e. All other categories listed in the latest version of the City's NPDES MS4 Permit. 2. Projects not requiring a SSMP/WQMP will be required to implement equivalent BMPs designated by the City according to conditions and requirements established by the City Engineer. 3. A SSMP/WQMP shall be required if the City Engineer determines that the development may result in the discharge of significant levels of a Pollutant into any tributary to any storm drain system. R:/Ords 2012/Ords 12-05 13 D. Contents of a SSMP/WQMP. 1. The BMPs identified in the SSMP/WQMP shall address Low Impact Development (LID), hydromodification, source controls and treatment controls by implementing the following practices that include, but are not limited to: a. Controlling pollutants and runoff velocities, volumes, durations, and peak flows from the post-development conditions to pre- development conditions; b. Conserving natural areas where feasible; c. Constructing streets, sidewalks, or parking lot aisles to the minimum widths allowable, provided public safety is not compromised; d. Minimizing the impervious footprint of the project; e. Minimizing soil compaction to landscaped areas; f. Minimizing disturbances to natural drainages; g. Disconnecting impervious areas with pervious areas; h. Identifying pollutants for which water bodies receiving the development's runoff are listed as impaired under the latest version of the CWA section 303(d) list and all identifying pollutants associated with the land use of the development. i. Correctly designing BMP's to effectively remove or treat the pollutants associated with the project and its' nearest receiving water; j. Creating buffer zones between the project and adjacent water bodies; k. Preventing downstream erosion; I. Including storm drain stenciling and signage; m. Including properly designed outdoor material storage areas; n. Including properly designed trash storage areas; R:/Ords 2012/Ords 12-05 14 o. Including proof of a mechanism to ensure ongoing long-term BMP maintenance of all structural treatment BMPs and subsequent transfers of ownership. p. Increasing permeable areas; � q. Implementing BMPs close to pollutant sources and prior to discharging into receiving waters; r. 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 has been reduced to the MEP; s. Not constructing BMPs in receiving waters; and t. Not using a receiving water as a BMP 2. During the planning application submittal process for any new development, modifications to existing development, or land disturbance activities meeting the one-acre threshold, the permittee shall submit a SSMP/WQMP. The applicant shall obtain the City Engineer's acceptance of a SSMP/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 SSMP/WQMPs and impose terms, conditions and requirements on the project in accordance with the latest version of the City's NPDES MS4 permit and 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 SSMP/WQMP. 4. The City Engineer may require that the SSMP/WQMP, or components within the SSMP/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. Continuation of Terms, Conditions and Requirements for New Developments, Modifications to Existing Developments, and One-Acre Threshold Projects. All terms, conditions and requirements which the Planning and Public Works Departments have initially imposed pursuant to this Section for either a new development, modifications to an existing development, or a land disturbance activity meeting the one-acre threshold shall remain in effect upon the transfer of the property. Any owner of the property, or their successors, or assigns, shall be R:/Ords 2012/Ords 12-05 15 in violation of this Ordinance if they fail to implement and/or adhere to the terms, conditions and requirements imposed pursuant to this Section. 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 Requirements. Existing development shall prevent pollutants from discharging into any private or public storm drain system, and shall control storm water and urban runoff so as to prevent exceedances of water quality objectives, violations to designated beneficial uses or State policy with respect to maintaining high quality waters, or degradation of water quality such that a condition of pollution or contamination is created or aggravated. The City Engineer shall identify the BMPs that shall be implemented to prevent such deterioration and shall identify the manner of implementation. B. Industrial and Commercial Business Facilities and Activities. Each person in charge of day to day operations of an industrial or commercial business facility or activity in the City shall implement minimum BMPs as may be designated by the City Engineer. For those facilities that are tributary to impaired water bodies, or are directly adjacent to, or discharging directly into, receiving waters, BMPs shall include additional BMPs as the City Engineer may require. C. Common Interest Areas, Homeowners' Associations, and Propertv Manaqement Organizations. 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 drain system, meets the objectives of the latest version of the City's NPDES MS4 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 R:/Ords 2012/Ords 12-05 16 (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 atl 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. Article VI. Regulatory Inspections Sections: 8.28.600 Right to Inspect. 8.28.610 Records Review. 8.28.620 Authority to Sample and Test. 8.28.630 Monitoring. 8.28.640 Test Results. 8.28.600 Right to Inspect. A. Normal Conditions. For routine inspections, the City Engineer may inspect active and inactive construction sites, existing industrial and commercial business facilities and activities, completed developments, and vacant or abandoned properties that were required to install BMPs, 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 an owner, operator, occupant, or representative of any construction site, business facility or activity, completed development, or vacant or abandoned property that installed BMPs, an inspection warrant shall be obtained prior to inspection. 1. When any new 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, operator, or representative shall provide the City access for inspection of BMPs to ensure that each 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, R:/Ords 2012/Ords 12-05 17 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 itlegal discharges or illegal connections exist; b. Determine whether the BMPs installed and implemented continue. to ensure compliance with this ordinance; c. Determine whether the BMPs are being properly maintained; d. Determine whether the facility or activity complies with the requirements of this Ordinance; e. Identify products produced, processes conducted, chemicals used and materials and waste 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. Identify point(s) of discharge of all surface runoff and runoff through a storm drain system; i. Locate any source(s) 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 discharges. This may include, but may not be limited to sampling, metering, visual inspections, and records review. B Emergency Conditions. If the City Engineer has reasonable cause to believe that polluted storm water runoff or 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. R:/Ords 2012/Ords 12-05 18 8.28.610 Records Review. The City Engineer may inspect the property owner's, occupant's, operator's, or representative's records relating to processes presently or previously occurring on-site, 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 retating 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 surface runoff into and from any onsite storm drain system or BMP, soils area (including groundwater testing), process discharge, materials within any raw-product or waste storage areas (including any container contents), and/or discharge from any wastewater 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 property owner, occupant, operator, or representative, the City Engineer shall provide copies of all monitoring and test results conducted to the owner or occupant. R:/Ords 2012/Ords 12-05 19 Article VII. Plan Review and Inspection Fees Sections: 8.28.700 SSMPNVQMP Review Fees — New Developments, Modification to Existing Developments, and One-acre Threshold Projects. 8.28.710 Inspection Fees. 8.28.720 Refunds. 8.28.700 SSMP/WQMP Review Fees — New Developments, Modifications to Existing Developments, and One-acre Threshold Projects. When SSMP/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. Development Proiects. Post-construction BMP inspections are required following the completion of. the project and for as long as the site generates pollutants in accordance with the latest version of the City's NPDES MS4 permit, for new developments, modifications to existing developments, and one-acre threshold projects, and pursuant to the provisions of this Ordinance. The City Engineer shall collect the inspection fees as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. B. Existing 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 latest version of the City's NPDES MS4 Permit, or as determined by the City Engineer, 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, 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. R:/Ords 20121Ords 12-05 20 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. 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 Management 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 Engineer" 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 Construction General Permit (CGP) that R:/Ords 2012/Ords 12-05 21 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. "CWA" means the Clean Water Act. "DAMP" means the Riverside County Drainage Area Management Plan, as the same may be amended from time to time. "Discharge" 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. "Discharge Exception" means those activities not restricted or prohibited by this Ordinance or exempted under Section A of the Permit or a subsequent Permit. "Discharger" means any person, any property owner, any business owner or operator, 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. "Enforcing 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. "EPA" means Environmental Protection Agency, which is an agency of the federal government of the United States charged with developing, implementing and enforcing environmental protection laws that ensure clean air, clean water, clean soil, safe pesticides and waste recycling and reduction. "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 R:/Ords 2012/Ords 12-05 22 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. "Hearing 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. "Hydromodification" means alteration of the hydrologic characteristics of coastal and noncoastal waters, which in turn could cause degradation of water resources. "Illicit Connection" means any connection to the MS4 that conveys an illicit discharge. "Illicit Discharge" means any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit or discharges exempt pursuant to Section 8.28.210 of this ordinance. "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. "Low Impact Development (LID)" is a land planning and engineering design approach to managing storm water runoff and emphasizes conservation and use of on-site natural features to protect water quality. This approach implements engineered small-scale hydrologic controls to replicate the pre-development hydrologic regime of watersheds through infiltration, filtration, storing, evaporating, and detaining runoff close to its source. "Maximum Extent Practicable" ("MEP") as defined in the City's MS4 permit, means the technology-based standard established by Congress in CWA section 402(p)(3)(B)(iii) for storm water 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) in combination with treatment methods serving as a backup (additional line of defense). MEP considers economics and is generally, but not necessarily, less stringent than BAT (best available technology). The definition of MEP is dynamic and R:/Ords 2012/Ords 12-05 23 , 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 existing 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. "Municipal Separate Storm Sewer System (MS4)", as defined in the City's MS4 permit, means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; (ii) Designated or used for collecting or conveying storm water; (iii) Which is not a combined sewer; (iv) Which is not part of the Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.26. "New Development" means all public and private residential (whether singte 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 street improvement permit is required. "Non-Storm Water RunofF' means all discharges to and from a MS4 that do not originate from precipitation events. "NPDES or "National Pollutant Discharge Elimination System" 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. "One-Acre Threshold Project" means all public and private post-construction pollutant- generating projects that result in the disturbance of one acre or more of land. "Owner or Operator" means the owner or operator of any facility or activity subject to regulation under the NPDES program. R:/Ords 2012/Ords 12-05 24 "Permit" means the current NPDES permit issued by the Regional Board, State Board, or EPA under the authority of the Federal Clean Water Act or California's Porter- Cologne Water Quality Control Act, or any succeeding NPDES 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. "Pollution" as defined in the Porter-Cologne Water Quality Control Act is the alteration of the quality of the waters of the State by waste, to degree that unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses. Pollution may include contamination. "Post-Construction BMPs" means a subset of BMPs including structural and non- structural controls which detain, retain, filter, or educate to prevent the release of pollutants to surface waters during the final functional life of developments. "Prohibited Discharge" 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, 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 Federal and State waters. This applies to natural drainage channels, active or not, including all tributaries leading to streams, creeks, rivers, and other waterbodies. "Redevelopment" means all public and private projects that create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site. "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 pubtic 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. R:/Ords 2012/Ords 12-05 25 "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 a State General Permit regulating the discharge of pollutants from industrial activities, construction activities, or any other type of activity, , 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-pervious or pervious surfaces. "Urban Runoff" means surface water flow produced by non-stormwater resulting from active construction sites and existing residential, commercial and industrial activities involving the use of potable and non-potable water. "SSMP/WQMP" means a Standard Storm Water Mitigation Plan, also known as a Water Quality Management Plan." Section 3. 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". Section 4. Environmental Determination. Active and inactive construction sites, existing industrial/commercial business facilities and activities, completed developments, vacant or abandoned properties that were required to install BMPs, and existing residential neighborhoods regulated by this Ordinance represent an R:/Ords 2012/Ords 12-05 26 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 Federal and State waters 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 superseding ordinance will not cause new or additional adverse effects upon the environment. Section 5. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26 day of June, 2012 ,' ��% ,_:.:_-' ,�' , % .__. � l � � �/� ' /1 � -- , � Chuck Washington, Mayor ATTEST: � ��-wi� ' �� Susan W. Jones, MMC City_ k [SEAL] R:/Ords 2012/Ords 12-05 27 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 12-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12 day of June, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of June, 2012, the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Edwards ABSTAIN: 0 COUNCIL MEMBERS: None / c. � i Su an W. Jones, MMC City Clerk R:/Ords 2012/Ords 12-05 28