§ 53.12  REDUCTION OF POLLUTANTS IN STORM WATER.
   Any person engaged in activities which may result in pollutants entering the storm water conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-storm water discharge and/or pollutant discharge.
   (A)   Business related activities.
      (1)   Storm water pollution prevention plan.
         (a)   The enforcement official may require any business in the city that is engaged in activities which may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program.
         (b)   Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.
      (2)   Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan under Chapter 6.95 (commencing with § 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extend practicable.
      (3)   Coordination with hazardous waste generator contingency plan and emergency procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, Title 22, §§ 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
   (B)   Construction.
      (1)   Any person performing construction activities in the city shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, Stale and local laws, ordinances or regulations, including but not limited to, the current California NPDES General Permit for storm water discharges associated with construction activity (Construction General Permit) and the City Storm Water Management and Discharge Control Ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to storm water 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 storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with the 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)   As required by its Phase II MS4 NPDES Permit, the city will conduct storm water compliance inspections at applicable construction sites that have areas of soil disturbance exposed to storm water. 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 storm water 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:
         (a)   Projects not subject to the CGP or that have an Erosivity Waiver will have a pre-soil disturbance inspection and a project completion inspection.
         (b)   Projects that are Risk 1/LUP Type 1 or Risk 2/LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.
         (c)   Projects that are Risk 3/LUP Type 3 will have a pre-soil disturbance inspection, bimonthly (twice per month) inspections, and a project completion inspection.
      (4)   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.
   (C)   Development.
      (1)   The enforcement official may develop controls as appropriate to minimize the long-term, post construction discharge of storm water pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of storm water and/or treatment controls designed to remove pollutants from storm water, low impact development measures, and/or hydromodification measures to offset the difference between the pre and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will be required to meet the requirements and design standards specified in the current State of California Phase II MS4 NPDES permit.
      (2)   At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydromodification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydromodification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit. Documentation of the site's post-construction storm water design measures must be submitted to the city's Planning Department for review and approval prior to the commencement of the project.
      (3)   Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed storm water design measures is required to be submitted to and approved by the city with the signed agreement. The agreement will be recorded with the deed by the County Clerk making it transferrable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the city and the homeowners association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the city to submit an annual self-certification that the storm water control measures are effective and are being maintained in accordance with the submitted and approved Operation and Maintenance Plan.
   (D)   Compliance with Industrial or Construction Activity Storm Water Permit.
      (1)   Any person subject to the state's current Industrial NPDES General Permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the enforcement official upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
      (2)   Any person subject to the state's current Construction NPDES General Permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with the 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, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
      (3)   Compliance with best management practices. Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit discharges shall comply with best management practice (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines,
(Ord. 2006-002, passed 3-13-06; Am. Ord. 2015-012, passed 6-23-15)