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A. The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter, shall have the following meanings:
"Authorized inspector" shall mean the city engineer and all persons designated by him or her and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter.
"Best management practices" or "BMPs" shall mean, as defined in 40 C.F.R. 122.2, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include site design, source control, 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" shall mean the director of public works/city engineer of the city of Murrieta or his or her designee.
"Co-NPDES permittee" shall mean the county of Riverside, the Riverside County Flood Control and Water Conservation District and the city of Temecula, city of Wildomar and city of Murrieta which are responsible for compliance with the terms of the NPDES permit.
"CWA" shall mean the Clean Water Act.
"Discharge" shall mean 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" shall mean those activities not restricted or prohibited by this chapter or exempted in the NPDES permit or a subsequent NPDES permit.
"Discharger" shall mean any person, any property owner, or any occupant of any unit, building, premises or lot within the city, who either discharges or causes to discharge any of the substances listed under "discharge," above, either directly or indirectly into the city's storm drain system.
"Existing development and operations" shall mean existing fixed or mobile industrial and commercial business facilities and non-commercial facilities that are not residential in nature (such as not-for-profit entities,) facilities in the city operated by other governmental entities, common interest areas, homeowners' associations, and property management organizations.
"Illicit connection" shall mean any physical connection to the storm drain system that conveys an illicit discharge.
"Illegal discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a NPDES permit and discharges resulting from fire fighting activities (40 C.F.R. 122.26(b)(2)).
"Invoice for costs" shall mean 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 this chapter or where a notice of noncompliance, administrative compliance order or other enforcement option under this chapter is utilized to ensure compliance with this chapter or the NPDES permit.
"JRMP" or "jurisdictional runoff management plan" shall mean a written description of the specific jurisdictional runoff management measures and programs that the city will implement to comply with the NPDES permit and to ensure that stormwater pollutant discharges in runoff are reduced to the MEP and do not cause or contribute to a violation of water quality standards.
"Maximum extent practicable" ("MEP") shall mean the technology-based standard established by Congress in CWA Section 402(p)(3)(B)(iii) for stormwater that operators of MS4s must meet as contained within the most-current NPDES permit. 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 BMPs. MEP generally emphasizes pollution prevention and source control BMPs 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 best available technology economically achievable. A definition for MEP is not provided either in the statute or in the regulations. Instead 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 their runoff management programs. Their total collective and individual activities conducted pursuant to the runoff management programs 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). In the absence of a proposal acceptable to the Regional Board, the Regional Board defines MEP.
"Modifications to existing development" shall mean 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. Modifications to existing development does not include trenching and resurfacing associated with utility work; resurfacing existing roadways; new sidewalk construction, pedestrian ramps, or bikelane on existing roads; and routine replacement of damaged pavement, such as pothole repair. This definition is consistent with the term "redevelopment" as referenced in the NPDES permit.
"New development" shall mean 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 nonresidential plumbing permit is required.
"Non-stormwater" shall mean all discharges to and from a MS4 that do not originate from precipitation events (i.e., all discharges from a MS4 other than stormwater). Non-stormwater includes illicit discharges, non-prohibited discharges, and NPDES permitted discharges.
"NPDES" or "National Pollution Discharge Elimination System" shall mean the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing NPDES permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the CWA.
"NPDES permit" shall mean any NPDES permit setting waste discharge requirements for discharges from the MS4s draining the county of Riverside, the incorporated cities of Riverside County, and the Riverside County Flood Control and Water Conservation District within the San Diego Region and which also includes the city of Murrieta.
"Owner or operator" shall mean the owner or operator of any facility or activity subject to regulation under the NPDES permit.
"Permittee" shall mean any person, property owner, contractor, or authorized agent to whom a NPDES permit is issued pursuant to this chapter.
"Person" shall mean an individual, association, partnership, corporation, municipality, state or federal agency, or any agent or employee thereof (40 C.F.R. 122.2).
"Pollutant" shall mean anything that 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 operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.
"Prohibited discharge" shall mean 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 NPDES permit. The term "prohibited discharge" shall not include discharges allowable under the discharge exception.
"Receiving waters" shall mean 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 water bodies.
"Regional board" or "SDRWQCB" shall mean the San Diego Regional Water Quality Control Board which has jurisdiction over the city.
"Runoff shall mean all flows in a stormwater conveyance system, including the city's storm drain system, that consists of the following components: (i) stormwater (wet weather flows) and (ii) non- stormwater including dry weather flows.
"Site" shall mean the real property on which activities subject to this chapter may occur.
"State Board" or "SWRCB" shall mean the State Water Resources Control Board.
"State general NPDES permit" shall mean either the State General Industrial Stormwater NPDES permit or the State General Construction NPDES permit, as the same may be amended from time to time, and the terms and requirements of either or both NPDES permits. In the event the Environmental Protection Agency (EPA) revokes the in-lieu NPDES permitting authority of the state board, then the term state general NPDES 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 NPDES permit.
"Storm drain system" or "MS4" (municipal separate storm sewer system) shall mean any facility within the city limits 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, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit, lined diversion structures, streams, creeks, or other drainage structures 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-NPDES permittee, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.
"Stormwater" shall mean stormwater runoff, snowmelt runoff and surface runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from precipitation events.
"WQMP" means a water quality management plan and is also known as the standard stormwater mitigation plan ("SSMP"); it shall be prepared by a professional civil engineer licensed in the State of California.
B. To the extent any defined term in this chapter conflicts with the meaning of the same term in the NPDES permit, the definition provided by the NPDES permit shall govern.
C. This chapter is to be construed and interpreted to be consistent with the NPDES permit. The NPDES permit shall be used to further construe any term or requirement contained in this chapter.
(Ord. 472 § 1, 2012)
The city engineer shall adopt a specific jurisdictional runoff management program ("JRMP") to comply with the NPDES permit and ensure that stormwater pollutant discharges in runoff are reduced to the MEP and do not cause or contribute to a violation of water quality standards. The city engineer shall have the authority to change, update or revise the JRMP as necessary in order to implement the provisions of this chapter and the NPDES permit and all revisions thereto arising from time to time.
(Ord. 472 § 1, 2012)
This chapter 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 NPDES permit and any amendments or revisions thereto or re-issuance thereof. If there is any conflict between the NPDES permit and this chapter or between the NPDES permit and any city policy adopted pursuant to the chapter, the NPDES permit shall apply.
(Ord. 472 § 1, 2012)
Full compliance by any person or entity with the provisions of this chapter 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 runoff and/or the protection of stormwater and non-stormwater runoff quality.
(Ord. 472 § 1, 2012)
Article 2
Prohibited Discharges and Illegal Connections
Prohibited Discharges and Illegal Connections
Any connection to the city's MS4 deemed to be an "illicit connection" pursuant to the NPDES permit is prohibited. The prohibition against illicit connections shall apply regardless of whether the connection was established prior to the date on which this chapter was enacted.
(Ord. 472 § 1, 2012)
Article 3
Control of Discharges and Runoff
Control of Discharges and Runoff
A. General Requirements. New development or modifications to existing development shall be designed to control discharges and pollutants in runoff pursuant to the requirements of the NPDES permit. The city engineer shall approve the WQMP and BMPs that may be implemented to achieve compliance with the NPDES permit and shall approve the manner of implementation.
B. Construction Discharge and Runoff Compliance. All individual grading and building project permits shall conform to the State General Construction NPDES permit requirements and implement measures, including adherence to their stormwater pollution prevention plan, 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 at Chapter 15.52 of this code; the Grading Manual; other applicable ordinances; federal, state, and local permits; and other applicable requirements.
(Ord. 472 § 1, 2012)
A. State-issued Permits. Each person associated with any individual NPDES permit (whether or not the NPDES permit) or state general construction 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, in a form acceptable to the city engineer or his or her designated representative, prior to the issuance of any grading, building or occupancy permit, 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 chapter will be met, and the permit or approval shall not be issued unless the city engineer determines that the application complies with the requirements of this chapter:
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. Temporary use permit
9. Tentative map modifications
10. Map modifications
C. 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 chapter;
2. The circumstances have changed so that it is no longer appropriate to accept the discharge;
3. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or
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.
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;
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 chapter or to protect the quality of receiving waters.
E. 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, the NPDES permit and local permit requirements, applicable to the activity for which the permit is issued.
(Ord. 472 § 1, 2012)
A. All new development or modifications to existing development projects that meet the specified categories listed in the NPDES permit shall prepare a preliminary WQMP. The permittee shall submit the preliminary WQMP during the planning application submittal process and a final WQMP during final engineering.
B. The city engineer or his or her designated representative shall review all required WQMPs and impose terms, conditions and requirements on the projects in accordance with this chapter prior to the city's issuance of permits (grading and building), discretionary land use approvals or recordation of maps. The city engineer shall approve all final WQMPs and evidence of this approval shall be submitted prior to the issuance of permits, discretionary land use approvals or recordation of maps.
C. The city engineer shall 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.
D. New development projects or a modification to existing development which do not require a WQMP, will be required to implement minimum BMPs designated by the city according to conditions and requirements established by the city engineer which must be consistent with the NPDES permit.
E. A WQMP shall be required if the city engineer determines one is required by the NPDES permit.
F. Contents of a WQMP shall comply with the Riverside County WQMP Guidance and Template for the Santa Margarita Region. The BMPs identified in the WQMP shall include site design, source controls and treatment controls consistent with the NPDES permit.
G. The costs and expenses of the city incurred in the review, approval, or revision of any water quality management plan are assessed to the property owner or responsible party and are due and payable to the city. The city engineer or his or her designee may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party.
(Ord. 472 § 1, 2012)
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