HomeMy WebLinkAbout99-10 CC OrdinanceORDINANCE NO. 99-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING "STORMWATER/URBAN
RUNOFF MANAGEMENT AND DISCHARGE CONTROLS IN
COMPLIANCE WITH THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PROGRAM" AS AN
AMENDMENT TO TITLE 8 OF THE CITY OF TEMECULA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendment. A new chapter 8.28 entitled "Stormwater/Urban Runoff
Management and Discharge Controls" is hereby added to Title 8 of the City of Temecula
Municipal Code, to read as follows:
TITLE 8 HEALTH AND SAFETY
Chapter 8.28
Stormwater/Urban Runoff Management
and Discharge Controls
SUBARTICLF
1. GENERAL PROVISIONS
Section 8.28.100
Section 8.28.105
Section 8.28.110
Section 8.28.115
Section 8.28.120
Title
Purpose and Intent
Definitions
Responsibility for Administration
Regulatory Consistency
SUBARTICI F
MANAGEMENTAND DISCHARGE CONTROLS
Section 8.28.210
Section 8.28.215
Section 8.28.220
Section 8.28.225
Reduction of Pollutants in Stormwater
Illicit Connections/Discharges
Non-Stormwater Discharges
Discharges in Violation of Permit
SUBARTICLE 3. ENFORCEMENT
Section 8.28.310 Enforcement
SUBARTICLF 1. GFNERAI PROVISIONS
8.28.100. Title. This ordinance shall be known as the City of Temecula
Stormwater/Urban Runoff Management and Discharge Controls Ordinance and may be
so cited.
R:\ords. 99-10
1
8.28.105. Puraose and Intent. The purpose of this ordinance is to ensure the future
health, safety, and general welfare of City citizens by:
Reducing pollutants in stormwater discharges to the maximum extent practicable;
B. Regulating illicit connections and discharges to the storm drain system; and
C. Regulating no-stormwater discharges to the storm drain system.
The intent of this ordinance is to protect and enhance 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 U.S.C. Sec. 1342).
8.28.110. Definitions. The terms as used in this ordinance shall have the following
meanings:
Best Management Practice (BMP's) shall mean any activities, prohibitions, practices,
procedures, programs, or other measures designed to prevent or reduce the discharge
or pollutants directly or indirectly into waters of the United States. BMP's shall include,
but are not limited to, those measures specified in the California Stormwater Best
Management Practice Handbooks for Municipal, Industrial/Commercial and Construction
Activity and those measures identified by the Director of Public Works/City Engineer.
B. City shall mean City of Temecula.
Director of Public Works shall mean the Director of Public Works/City Engineer or his
designated representative.
Do
Illicit Connection shall mean any physical connection to a storm drain system which has
not been permitted by the City of Temecula.
National Pollutant Discharge Elimination System (NPDES) Permit shall mean a
stormwater discharge permit issued by the San Diego Regional Water Quality Control
Board or the State Water Resources Control Board in compliance with the Clean Water
Act.
Municipal NPDES Permit shall mean an area-wide NPDES permit issued to a
government agency or agencies for the discharge of stormwater from a stormwater
system.
Non-Stormwater Discharge shall mean any discharge to the storm drain system that is
not entirely composed of stormwater.
H=
Person shall mean any natural person, firm, association, club, organization, corporation,
partnership, business trust, company or other entity which is recognized by law as the
subject of rights or duties.
Pollutant shall mean anything which causes the deterioration of water quality such that it
impairs subsequent and/or competing uses of the water. Pollutants may include but are
not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris,
refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals,
hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping
R:~ords. 99-10
2
operations, animal waste, materials that result from the process of constructing a
building or structure, nauseous or offensive matter of any kind.
Premises shall mean any building, lot, parcel of land, land or portion of land whether
improved or unimproved.
Storm Drain System shall mean any facility within the city limits of the City of Temecula
by which stormwater may be conveyed to waters of the United States. Storm drain
system includes but is not limited to any roads with drainage systems, streets, curbs,
gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains,
inlets, conduit or other drainage structure.
Stormwater Runoff shall mean surface runoff and drainage associated with rainstorm
events and snowmelt.
Illicit Discharge shall mean any discharge to the storm drain system that is not
composed entirely of stormwater runoff except discharges made pursuant to a National
Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by
the San Diego Regional Water Quality Control Board.
8.28.115. Responsibility for Administration. This ordinance shall be administered for
the City by the Director of Public Works.
8.28.120. Regulatory Consistency. This ordinance shall be construed to assure
consistency with the requirements of the Clean Water Act and acts amendatory thereof or
supplementary thereto, applicable implementing regulations, and any existing or future
municipal NPDES Permits and any amendments or revisions thereto or reissuance thereof.
SUBARTICI F ~, MANAGFMFNT AND DISCHARGF CONTROl S
8.28.210. Reduction of Pollutants in Stormwater.
General. It is a violation of this ordinance to throw, deposit, leave, maintain, keep
or permit to be thrown, deposited, placed, left or maintained, any pollutant in or upon any
street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage
structures, business place, or upon any public or private plot of land in the City. The
only exception being where such pollutant is temporarily placed in an appropriate
container with a spill containment system for later collection and removal. It is a violation
of this ordinance to cause or permit any dumpster, solid waste bin, or similar container to
leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain,
inlet, catch basin, conduit or other drainage structures, business place, or upon any
public or private plot of land in the City.
Construction Sites. Any person performing construction work in the City shall comply
with the provision of this ordinance.
New Development and Redevelopment. New development or redevelopment
projects shall control stormwater runoff so as to prevent any deterioration of water
quality that would impair subsequent or competing uses of the water. The Director of
Public Works shall identify the BMP's that may be implemented to prevent such
R:\ords. 99-10
3
deterioration and shall identify the manner of implementation. The BMP's may, among
other things, require new developments or redevelopment's to comply with the following:
Increase Permeable Areas, by leaving highly porous soil and low-lying
areas undisturbed: by incorporation landscaping and open space into the
project design: by using porous materials for or near driveways and
walkways: and by incorporating detention ponds and infiltration pits into
the project design.
Direct Runoff to Permeable Areas, by orienting it away from impermeable
areas to swales, berms, green stdp filters, gravel beds, and french drains;
by installing rain-gutters oriented towards permeable areas; by modifying
the grade of the property to divert flow to permeable areas and minimize
the amount of stormwater runoff leaving the property; and by designing
curbs, berms or other structures such that they do not isolate permeable
or landscaped areas.
Maximize Stormwater Storage for Reuse, by using retention structures,
subsurface areas, cisterns, or other structures to store stormwater runoff
for rouse or slow release.
Existing Development. Existing development shall control stormwater runoff so as to
prevent any deterioration of water quality that would impair subsequent or competing
uses of the water. The Director of Public Works shall identify the BMP's that may be
implemented to prevent such deterioration .and shall identify the manner of
implementation.
8.28.215. Illicit Connections/Discharges. It is a violation of this ordinance to
establish, use, maintain, or continue illidt connections to the storm drain system, or to
commence or continue any illicit discharge to the storm drain system. This prohibition against
illicit connections and discharges is expressly retroactive and applies to connections and
discharges made in the past, regardless of whether permissible under the law or practices
applicable or prevailing at the time of the connection or discharge.
8.28.220. Non-Stormw:,ter Discharges. The discharge of non-stormwater into the
storm drain system is a violation of this ordinance except as specified below.
The discharge prohibition shall not apply to any discharge regulated under an NPDES
Permit or waiver issued to the discharger and administered by the State of California
under the authority of the EPA, provided that the discharger is in full compliance with all
requirements of the permit or waiver and other applicable laws or regulations.
Discharges from the following activities will not be considered a violation of this
ordinance when properly managed: water line flushing and other discharges from
potable water sources, landscape irrigation and lawn watering, irrigation water, diverted
stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated
pumped ground water, foundation and footing drains, water from crawl space pumps, air
conditioning condensation, springs, individual residential car washing, flows from riparian
habitats and wetlands, swimming pool discharges or flows from fire fighting.
R:\ords. 99-10
4
8.28.225. Discharges in Viol;tion of Permit.
Municipal NPDES Permit. Any discharge that would result in or contribute to a violation
of an existing or future Municipal NPDES Permit(s) or any amendment or revision
thereto or reissuance 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.
Bo
NPDES Permit for Industrial/Commercial and Construction Activity. Any industrial
discharger, discharger associated with construction activity, or other discharger subject
to any NPDES permit issued by the United States Environmental Protection Agency, the
State Water Resources Control Board, the San Diego Regional Water Quality Control
Board, shall comply with all requirements of such permit. Such dischargers shall
specifically comply with the following permits: The Industrial Stormwater General
Permit, the Construction Activity Stormwater General Permit, and the Dewatering
General Permit. Proof of compliance with said NPDES General Permits may be
required in a form acceptable to the Director of Public Works pdor to issuance of any
City grading, building, or occupancy permits.
SUBARTICI F 3. FNFO RCFMFNT
8.28.310. t=nforcement. Violation of the provisions of Chapter 8.28 may be prosecuted
pursuant to the provisions of Chapters 1.20 and 1.21 of this code and may be abated as public
nuisances pursuant to chapter 8.12 of this code.
SECTION 2. SFVFRABII ITY. If any provision, clause, sentence, or paragraph of this
ordinance or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or application of this ordinance
which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are hereby declared to be severable.
SFCTION 3. ADOPTION. The City Clerk shall certify to the adoption of this ordinance and
shall publish a summary of this ordinance and post a certified copy of the full ordinance in the
office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and
within fifteen days after adoption of the ordinance, the City Clerk shall publish a summary of the
ordinance with the names of the councilmembers voting for and against the ordinance. This
ordinance shall take effect thirty days from the date of its adoption.
PASSED APPROVED AND ADOPTED this 13th ' . ~
,ven J. Ford, Mayor
ATTES':
Susan W. Jones, CMC
R:\ords. 99-10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 99-10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 23"~ day of March, 1999, and that thereafter the said
ordinance was duly and regularly adopted at a meeting of the City Council on the 13t~ day of
April, 1999, by the following vote:
AYES: 5
COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS:
None
· ones CMC
J C I
i~ C erk
R:\ords. 99-10