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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)
A. Expiration of final WQMPs.
1. Approved plans for a WQMP shall expire 12 months following the date of approval unless project construction has begun and may be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.
2. The city engineer may extend the time for action by the applicant upon an approved plan for a WQMP for a period not exceeding 12 months upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.
3. If a final WQMP issued pursuant to this chapter has expired without first being extended by the city engineer, in order to renew the WQMP, the applicant shall resubmit the plans and pay the most current plan review fee.
B. Adherence to WQMP Requirements. All new development and modifications to existing development projects shall adhere to the terms, conditions and requirements of the approved final WQMP.
C. Continuation of Terms, Conditions and Requirements for New Development and Modifications to Existing Development Projects. All terms, conditions and requirements which the city planning and public works departments have initially imposed pursuant to this chapter shall remain in effect upon the transfer of the property. Any owner of the property, or any successors, or assigns, shall be in violation of this chapter if they fail to implement and/or adhere to the terms, conditions and requirements imposed on the property pursuant to this chapter.
(Ord. 472 § 1, 2012)
All new development and modifications to existing development projects shall be undertaken and implemented in a manner that is consistent with the JRMP and NPDES permit. Any conditions and requirements established by the city's planning and public works departments which are related to the reduction or elimination of pollutants in runoff from the project site, shall be fulfilled by the permitted person.
(Ord. 472 § 1, 2012)
Article 4
Existing Development and Litter Control
Existing Development and Litter Control
A. General Requirements. In a manner consistent with the NPDES permit, existing development and operations (whether fixed or mobile) shall prevent pollutants from entering runoff and shall control runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water.
B. Existing Development and Operations. Each person in charge of day-today operations of an existing development and operations facility in the city shall implement minimum BMPs as necessary to comply with the NPDES permit. For those existing development and operations that are tributary to impaired water bodies and/or are directly adjacent to or discharging directly to receiving waters, BMPs shall include additional controls as required by the NPDES permit.
C. Common Interest Areas, Homeowners' Associations, Property Management Organizations and Mobil Home Parks. 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 stormwater conveyance system, meets the objectives of the NPDES permit and this chapter.
(Ord. 472 § 1, 2012)
A. No person shall dump, dispose, or stockpile any waste material, including but not limited to common household rubbish or garbage of any kind (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 with closed lids, or at a lawfully established waste disposal facility.
B. Any person who owns or occupies a property on which a prohibited disposal of waste materials occurs shall ensure that all such waste materials are properly collected and disposed of within a reasonable period of time.
C. Any person who either owns or occupies property and who fails to comply with the requirements of this chapter may be charged with creating a nuisance upon the property.
(Ord. 472 § 1, 2012)
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