(A) Construction.
1. Any person performing construction activities in the city shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations, including, but not limited to, the current California NPDES general permit for stormwater discharges associated with construction activity (construction general permit) and the city’s urban stormwater quality management and discharge control ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to stormwater must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures and prohibited discharges.
2. Any person subject to a construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the state’s current construction NPDES general permit, the WDID number and the SWPPP shall be submitted to the city. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan (ESCP) and the ESCP worksheet must be submitted to the city.
3. (a) As required by its phase II MS4 NPDES permit, the city will conduct stormwater compliance inspections at applicable construction sites that have areas of soil disturbance exposed to stormwater. The inspection will be conducted by a city inspector or agent working for the city who is a qualified SWPPP practitioner (QSP) or is supervised by a QSP. The inspection will evaluate the construction site’s compliance to the city’s stormwater ordinances. Inspections will be billed by the city to the project owner. The following is the risk rating system and inspection frequency the city will use, which is analogous to the risk rating used by the California construction general permit:
(1) Projects not subject to the CGP or that have an erosivity waiver will have a presoil disturbance inspection and a project completion inspection;
(2) Projects that are risk 1/LUP type 1 or risk 2/LUP type 2 will have a presoil disturbance inspection, monthly inspections, and a project completion inspection; and
(3) Projects that are risk 3/LUP type 3 will have a presoil disturbance inspection, bimonthly (twice per month) inspections, and a project completion inspection.
(b) If a project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspector, the project’s “threat to water quality” will be elevated by the city to the next highest category. This elevation of risk will not affect the risk rating for the construction general permit.
(B) Violation; liability. Any person performing construction shall not cause or contribute to a violation of the NPDES stormwater discharge permit issued by the SWRCB to the city. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake BMPs to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this chapter. The site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county or local authorities. BMPs are site specific and are consistent with the California Stormwater Quality Association (CASQA) best management practice handbooks or equivalent guidelines.
(C) Petition for reconsideration of BMP requirement. If a BMP is required by the Director or City Engineer to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the City Council of the city to reconsider the application of the BMPs to the premises or activity. The written petition must be received within ten working days at the issuance of the notice by the Director or City Engineer and shall set forth any reasons as to why application of BMPs to the premises or activity should not be required and any proposed alternatives to such a requirement. The City Council will act within 30 calendar days of the filing of the petition.
(Ord. 629, passed 2-21-2017)