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Sacramento, CA Code of Ordinances
SACRAMENTO CITY CODE
CHARTER
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 ETHICS AND OPEN GOVERNMENT
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 (RESERVED)
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (RESERVED)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 (Reserved)
Title 17 PLANNING AND DEVELOPMENT CODE
Title 18 ADDITIONAL DEVELOPMENT REQUIREMENTS
TABLES
Chapter 13.16
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
13.16.010   Title.
13.16.020   Purpose and intent.
13.16.030   Definitions.
13.16.040   Conflicts with other laws.
13.16.050   Discharge of nonstormwater prohibited.
13.16.060   Exceptions to discharge prohibition.
13.16.070   Groundwater discharges.
13.16.080   Discharge in violation of permit.
13.16.090   Illicit connections prohibited.
13.16.100   Concealment and abetting.
13.16.110   Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.
13.16.120   Reduction of pollutants in stormwater.
13.16.125   Storm drainage development fee.
13.16.130   Compliance with best management practices.
13.16.140   Containment and notification of spills.
13.16.150   Commercial and industrial facilities-Inspection and enforcement by Sacramento County.
13.16.160   Inspection authority.
13.16.170   Monitoring, analysis and reporting authority.
13.16.180   Enforcement.
13.16.190   Remedies not exclusive.
13.16.200   Appeal.
13.16.210   Disclaimer of liability.
13.16.220   City or county authority.
13.16.230   Judicial review.
13.16.010   Title.
   This chapter shall be known as the Stormwater Management and Discharge Control Code. (Ord. 2004-042 § 1; Ord. 98-007 § 1; prior code § 87.01.101)
13.16.020   Purpose and intent.
   The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the city by controlling nonstormwater discharges to the stormwater conveyance system, by eliminating discharges to the stormwater conveyance system from- spills, dumping, or disposal of materials other than stormwater, and by reducing pollutants in urban stormwater discharges to the maximum extent practicable. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and National Pollutant Discharge Elimination System (NPDES) Permit No. CAS082597, as such permit is amended and/or renewed. (Ord. 2004-042 § 1; Ord. 98-007 § 1; prior code § 87.01.102)
13.16.030   Definitions.
   A.   The following words, when used in this chapter, shall have the following meanings:
   "Basin plan" means the water quality control plan for Basin 5A and SB, adopted by the Regional Water Quality Control Board, Central Valley Region in July 1975, and all subsequent amendments.
   "Best management practices" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.
   "City" means the city of Sacramento.
   "City manager" means the city manager of the city, or his or her authorized designee.
   "Commercial and industrial facilities" means commercial and industrial facilities regulated pursuant to the Commercial/Industrial Program requirements specified in Section C.9 of NPDES Permit No. CA5082597.
   "Construction general permit" means the General Permit for Stormwater Discharges Associated with Construction Activities issued and administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.
   "County stormwater ordinance" means the County of Sacramento's Stormwater Management and Discharge Control Code, set forth in Chapter 15.12 of the Sacramento County Code, and all subsequent amendments.
   "Development" means the construction, building or placement of any structure or portion thereof, or any excavation or grading.
   "Director" means the director of the city department of utilities or his or her authorized designee.
   "Employee training program" means a documented employee training program that a business may be required to implement pursuant to a stormwater pollution prevention plan for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system.
   "Enforcement agency" means the city department of utilities or any other city department authorized to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "enforcement agency" also shall mean the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.
   "Enforcement official" means the director or any employee or agent of the city authorized to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "enforcement official" also shall mean the authorized official(s) of the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.
   "Illegal discharge" means any discharge to the stormwater conveyance system that violates this chapter, or is prohibited by federal, state, or local laws, or which degrades the quality of receiving waters in violation of any plan standard.
   "Industrial general permit" means the General Permit for Stormwater Discharges Associated with Industrial Activities issued and administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.
   "NPDES permit" means a National Pollution Discharge Elimination System permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370) to control discharges from point sources to waters of the United States.
   "Noncommercial vehicle washing" means the washing and/or rinsing of passenger vehicles on private property that is not being conducted as a commercial enterprise.
   "Nonstormwater discharge" means any discharge to the stormwater conveyance system that is not entirely composed of stormwater.
   "Order 2002-0206" means Regional Water Quality Control Board, Central Valley Region Order No. R5-2002-0206, which constitutes NPDES Permit No. CAS082597, together with all amendments and renewals, on file in the office of the city clerk.
   "Person" means any person, firm, corporation, partnership, business, public agency, or any other public or private entity.
   "Plan standard" means any or all applicable requirements of the basin plan or any other water quality control standard or requirement approved by the Regional Water Quality Control Board, Central Valley Region, the State Water Resources Control Board or the federal Environmental Protection Agency that applies to any of the receiving waters.
   "Pollutant" means any contaminant that can degrade the quality of the receiving waters in violation of any plan standard.
   "Premises" means any building, lot, parcel, land or portion of land whether improved or unimproved.
   "Receiving waters" means surface bodies of water as described in Order 2002-0206, including creeks and rivers, that serve as discharge points for the stormwater conveyance system.
   "Stormwater" means surface runoff and drainage associated with storm events that is free of pollutants to the maximum extent practicable.
   "Stormwater conveyance system" means those artificial and natural facilities within the city, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains. "Stormwater conveyance system" does not include any facilities that convey stormwater to the city's combined sewer system that collects and conveys both sanitary sewage and stormwater and surface runoff for treatment in accordance with applicable sewage treatment requirements, and that is regulated by Chapter 13.08 of this code in accordance with the provisions of a separate NPDES permit issued to the city for the combined sewer system.
   "Stormwater pollution prevention plan" means a document that describes the best management practices to be implemented by the owner or operator of a business to eliminate prohibited nonstormwater discharges and/or reduce to the maximum extent practicable pollutant discharges to the stormwater conveyance system.
   "Unauthorized connection" means any physical connection to the stormwater conveyance system that is not authorized by the city and the Regional Water Quality Control Board, Central Valley Region.
   "Watercourse" means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation rivers, creeks, runs, and rivulets.
   B.   Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and that are not specifically defined in subsection A of this section shall, when used in this chapter, have the same meaning as set forth in such act or regulations. (Ord. 2004-042 § 1; Ord. 98-007 § 1; prior code § 87.01.103)
13.16.040   Conflicts with other laws.
   In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit. (Ord. 2004-042 § 1; Ord. 98-007 § 1; prior code § 87.01.104)
13.16.050   Discharge of nonstormwater prohibited.
   Except as provided in Section 13.16.060 of this chapter, it is unlawful for any person to make or cause to be made any nonstormwater discharge. Notwithstanding the exemptions provided by subsections A and B of Section 13.16.060 of this chapter, if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any plan standard, or conveys significant quantities of pollutants to any receiving waters, or is a nuisance or poses a risk to public health or safety, it is unlawful for any person to make or cause to be made such discharge to the stormwater conveyance system. (Ord. 2004-042 § 1; Ord. 98-007 § 1; prior code § 87.01.105)
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