The city has the legal authority to:
A. Effectively prohibit non-storm water discharges through the municipal separate storm sewer system (MS4). Exceptions to this prohibition are listed under Section 15.50.050.
B. Detect and eliminate illicit discharges and illegal connections to the MS4. Illicit connections include pipes, drains, open channels, or other conveyances that have the potential to allow an illicit discharge to enter the MS4. Illicit discharges include all non-storm water discharges not otherwise authorized in Section 15.50.050, including, but not limited to, discharges from privately owned septic systems; discharges of runoff from material storage areas; discharges from spills; and discharges from organized car washes, mobile cleaning and pressure wash operations.
C. Respond to the discharge of spills, and prohibit dumping or disposal of materials other than storm water into the MS4.
D. Require parties responsible for runoff in excess of incidental runoff to:
1. Detect leaks and correct the leaks within 72 hours of learning of the leak;
2. Properly design and aim sprinkler heads;
3. Not irrigate during precipitation events; and
4. Manage pond containing recycled water such that no discharge occurs unless the discharge is a result of a 25-year, 24-hour storm event or greater, and the appropriate regional water board is notified by email no later than 24 hours after the discharge. The notification is to include identifying information, including the permittee’s name and permit identification number.
E. Require operators of construction sites, new or redeveloped land, and industrial and commercial facilities to minimize the discharge of pollutants to the MS4 through the installation, implementation, or maintenance of best management practices (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent.
F. Require information deemed necessary to assess compliance with this municipal code.
G. Review designs and proposals for new development and redevelopment to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post construction).
H. Require any discharger, engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. to perform all necessary maintenance activities to the storm water control system as prescribed by the operation and maintenance (“O&M”) plan and certificate of responsibility form applicable. If the system is not functioning as designed and permitted, the discharger, engaged in activities or operations, or owning facilities or property must perform the required maintenance immediately to restore the system.
I. Enter private property for the purpose of inspecting, at reasonable times, any facilities, equipment practices, or operations for active or potential storm water discharges, or non-compliance with Chapter 15.
J. Require that dischargers promptly cease and desist discharging and/or cleanup and abate a discharge, including the ability to:
1. Effectively require the discharger to abate and clean up their discharge, spill, or pollutant release within 72 hours of notification; high risk spill should be cleaned up as soon as possible.
2. Require abatement within 30 days of notification, for uncontrolled sources of pollutants that could pose an environmental threat.
3. Perform the clean-up and abatement work and bill the responsible party, if necessary;
4. Provide the option to order the cessation of activities until such problems are adequately addressed if a situation persists where pollutant-causing sources or activities are not abated; and/or
5. Require a new timeframe and notify the Central Valley Regional Water Board when all parties agree that clean-up activities cannot be completed within the original timeframe and notify the Central Valley Regional Water Board in writing within five business days of the determination that the timeframe requires revision.
K. Levy citations or administrative fines against responsible parties either immediately at the site or within a few days.
L. Require recovery and remediating costs from responsible parties.
M. Impose more substantial civil or criminal sanctions and escalate corrective response for persistent non-compliance, repeat or escalating violations, or incidents of major environmental harm.
N. Require compliance with Section 15.50.075 Construction site storm water runoff control.
O. Require compliance with Section 15.50.080 Post construction storm water management.
P. The city has the legal authority to inspect public and private construction projects and conduct enforcement as necessary.
(Ord. 2468 §2)