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06 Storm Water Quality I I I TOWN OF TRUCKEE California ORDINANCE 2008-06 AN ORDINANCE ESTABLISHING SECTION 11.01 STORM WATER QUALITY The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. The Town Clerk is hereby directed to amend the Town of Truckee Municipal Code Section 11.01 Storm Water Quality in accordance with Exhibit A. Section 2. . If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this Town Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Section 3. The Town Clerk will certify to the passage of this Ordinance by the Town Council of the Town of Truckee, California, and cause the same to be published once in the Sierra Sun, a newspaper of general circulation, published and circulated in the Town of Truckee, and will take effect thirty (30) days after its final passage. * * * * * The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 18th day of December 2008, and adopted at a regular meeting of the Truckee Town Council, on the 6th day of January 2009, Council Member Anderson, moved for the adoption, the motion was seconded by Council Member Green and was carried by the following vote: AYES: Council Members; Anderson, Green, deRyk-Jones, Vice Mayor Dee and Mayor Brown. NOES: None. ABSENT: None. ~/1 /Jf~1L Dr. Mark Brown, Mayor APPROVED AS TO FORM: ~L1~_ Dennis Crabb, Town Attorney " . Exhibit A Article 11.01 STORMWATER QUALITY 11.01.010 Title. The ordinance codified in this article shall be known as the "Stormwater Quality Ordinance" of the Town of Truckee, and may be so cited. (Ord. 2008-06) 11.01.020 Purpose and Intent. A. The purpose of this article is to ensure that the Town of Truckee (Town) is compliant with state and federal laws and fulfills its requirements to: 1. Protect the health, safety, and general welfare of the citizens of the Town; 2. Enhance and protect the quality of waters of the State in the Town by reducing pollutants in stormwater discharges to the maximum extent practicable and controlling non- stormwater discharges to the storm drain system, and; 3. To cause the use of best management practices by the Town and its citizens that will reduce the adverse effects of polluted runoff discharges on Waters of the State, and; B. This article seeks to promote these purposes by: 1. Prohibiting illicit discharges to the storm drain system; 2. Establishing authority to adopt requirements for stormwater management, including source control requirements, to reduce pollution to the maximum extent practicable; 3. Establishing authority to adopt requirements for municipal operations to reduce stormwater pollution and erosion to the maximum extent practicable; 4. Establishing authority to adopt requirements for public and private development projects to reduce stormwater pollution and erosion both during construction and after the project is complete, and; 5. Establishing authority that will enable the Town to implement and enforce the Storm Water Management Program (SWMP) adopted by the Town (December 6, 2007) and approved by the State Water Board on March 26, 2008. 11.01.030 Findings. The Town of Truckee Town Council has determined that the health, safety, and general welfare of the citizens of the Town are adversely affected by the discharge of pollution into storm drain systems and waters of the State. The Town Council further finds that any violation of this article constitutes a public nuisance. I I I I I I The Town of Truckee is permitted under the Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (MS4 permit 6A290712005, Order No. 2003-0005- DWQ-02), which also serves as a National Pollutant Discharge Elimination System (NPDES) Permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this permit, the Town is required to implement the necessary legal authority and implement appropriate procedures, to regulate the entry of pollutants and non-stormwater discharges into the Town stormwater conveyance system. 11.01.040 Applicabilitv. This article applies to all areas of the Town of Truckee within Town limits. 11.01.050 Definitions. As used in this article: "Best Management Practices (BMPs)" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the State. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the Town determines appropriate for the control of pollutants. "Development" means any activity that moves soils or substantially alters the pre- existing vegetated or man-made cover of any land. Development includes any activity that may be considered new development or redevelopment. This also includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which disturbs soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety. I "Discharge" means the release, threatened release, or placement of any material into the Town's storm drain system or receiving waters, including but not limited to stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance. "Enforcement agency." The Town of Truckee Code Compliance is the primary enforcement agency for the purposes of this article. The Town shall coordinate program activities with and authorize personnel of various departments to serve as compliance officials to effectuate the purposes of this article. "Enforcement official" means any agent of the Town authorized to enforce compliance with this chapter. "Illicit connection." An illicit connection is defined by either of the following: 1. Any drain or water conveyance facility, either surface or subsurface, which allows an [illicit] discharge to enter the storm drain system or waters of the State, including but not I limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system or waters of the State and any connection to the storm drain system from indoor drains and sinks, regardless of whether such drain or connection has been previously allowed, permitted, or approved by a government agency, or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the Town of Truckee, Nevada County, or other permitting agency. "Illicit discharge" means any direct or indirect non-stormwater discharge to the Town's municipal storm drain system or waters of the State, except as otherwise exempted in Section 11.01.090 of this article including the introduction of pollution into the storm drain system. "Maximum Extent Practicable (MEP)" means a technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) for stormwater discharge to apply to all .small municipal separate storm sewer system (MS4) operators regulated under the NPDES program. MEP is generally the result of emphasizing pollution prevention and source control Best Management Practices (BMPs) as the preferred method of preventing water pollution. The MEP approach is an ever-evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does what constitutes MEP. "Municipal Separate Storm Sewer system (MS4)" means a conveyance or system of I conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned by a state, county, city, or other public body, that is designed or used for collecting or conveying stormwater, which is not a combined sewer, and which is not a part of a publicly owned treatment works. "National Pollutant Discharge Elimination System (NPDES)" means the primary permitting program under the Clean Water Act (33 U.S.C. Section 1251 et seq.) which regulates most discharges to surface water. "Pollutant" means anything which causes or contributes to pollution, as defined in this section. Pollutants include, but are .not limited to: paints, varnishes, solvents, oil, automotive fluids, yard wastes, refuse, rubbish, garbage, litter, discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, detergents, soaps, hazardous substances, hazardous waste, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates), and noxious or offensive matter of any kind. "Pollution" means the human-made or human-induced alteration of the quality of waters to a degree that causes or contributes to an exceedance of water quality standards contained in the Statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable Regional Water Quality Control Board Basin Plan. I I I I "Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act, as amended (California Water Code Section 13000 et seq.). "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved. "Property owner" means any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this article. "Regional Water Quality Control Board" means the California Regional Water Quality Control Board, Lahontan Region. "Receiving waters" means a river, ocean, stream, or other watercourse into which water, wastewater or treated effluent is discharged. "Storm drain system" means facilities owned or operated by the Town or privately by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drain, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the Town and are not part of a publicly owned treatment works as defined by law. "Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from precipitation events, which has not been polluted. "Town" means the Town of Truckee. "Waters of the State" means all surface watercourses and water bodies, including lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface waters as defined by state law, and which are within the Town of Truckee. This definition includes, but is broader than, waters of the United States. "Waters of the United States" means surface watercourses and water bodies as defined by federal law, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. 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 which are not specifically mentioned in this section, shall, when used in this article, have the same meaning as set forth in such act or regulation. 11.01.060 Responsibilitv for Administration. The Town Manager or his/her designee shall administer the provisions of this article. Any duties herein may be performed by other departments of the Town. 11.01.070 Conflicts with Other Laws. In the event of any conflict between this article and any federal or state law or regulation, that requirement which establishes the higher standard for public health shall govern. To the extent permitted by law, nothing in this article shall preclude enforcement of any other applicable law, regulation, order, permit, or Town ordinance. 11.01.080 Discharge Prohibitions. Except as provided in Section 11.01.090 of this article, it is unlawful for any person to make or cause to be made any illicit discharge into the storm drain system or waters of the State. Notwithstanding the exemptions provided by Section 11.01.090, if the enforcement agency determines any otherwise exempt discharge causes or significantly contributes to violations of any plan standard, or conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the storm drain system. 11.01.090 Exemptions to Prohibited Discharges. Discharges from the following activities shall not be prohibited: A. Water line flushing and discharges from potable water sources; B. Landscape irrigation and lawn watering; C. Diverted stream flows and irrigation water; D. Springs, rising groundwater, and flows from riparian habitat and wetlands; E. Uncontaminated groundwater infiltration as defined by federal law; F. Uncontaminated pumped groundwater, foundation drains, footing drains, and water from crawl space pumps; G. Air conditioning condensation; H. Individual residential car washing; I. Dechlorinated swimming pool discharges; J. Firefighting flows. I I I I I I 11.01.100 Discharge in Violation of Existing NPDES Permit. Any person subject to a construction and/or industrial NPDES storm water discharge permit shall comply with all provisions of such permit and any regulations or ordinances promulgated thereto, including requirements of grading and erosion prevention requirements of the Town. Proof of compliance with such permit may be required in a form acceptable to the enforcement agency prior to or as a condition of a subdivision map, site plan, building permit, or development, redevelopment, or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. 11.01.110 Discharge in Violation of Town of Truckee NPDES Permit-Indemnification. Any discharge that would result in or contribute to a violation of any NPDES permit for stormwater discharges to the Town issued by the California State Water Resources Control Board or Regional Water Quality Control Board and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the Town in any administrative or judicial enforcement action relating to such discharge, including payment of the Town's responsible attorneys fees, expert witness fees, and costs resulting from any such administrative or judicial proceedings. 11.01.120 Acts Potentiallv Resulting in Violation of Federal Clean Water Act and/or Porter-Cologne Act. The standards set forth herein and promulgated pursuant to this article are minimum standards. This article does not intend or imply that compliance to these minimum standards will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the Waters of the State. This article shall not create liability on the part of the Town, or any agent or employee thereof for any damage that results from any discharger's reliance upon this article or any administrative decision made there under. 11.01.130 Right of entry-Inspections. A. The enforcement official is authorized with reasonable cause to enter any premises for the purpose of making an inspection to enforce this article, using the provisions of this code in any means consistent with the applicable law. B. The enforcement official may conduct inspections related to purposes of implementing this article on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this article, including, but not limited to, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of non-stormwater to the Town storm drain system, or similar factors. 11.01.140 Concealing and Abetting. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall constitute a violation. 11.01.150 Reduction of Pollutants in Stormwater. Best Management Practices. I A. General Requirements. Any person engaging in activities that may result in pollutants entering the storm drain system or waters of the State shall implement best management practices to the maximum extent practicable to prevent and reduce such pollutants. B. Maintenance. All BMPs shall be protected and maintained to ensure continuous and fully effective performance as designed. All structural and non-structural permanent BMP's not in ownership by the Town shall be maintained by the property owner or person's lessee. The enforcement official shall have the authority to make an inspection of any permanent stormwater BMP whether permitted or not, as allowed for in Section 11.01.130. The purpose of inspections may be to verify BMP function. The enforcement official shall also have the authority to require monitoring, remediation, or issue citations or compliance orders for any BMP that is not properly maintained or operated. C. Illicit Connection. The construction, use, maintenance or continued existence of illicit connections is prohibited. This prohibition includes illicit connections made in the past, regardless of. whether the connection was permissible under law or practices applicable or prevailing at the time of the connections. Upon final adoption of this article, any property owner or lessee who maintains an illicit connection shall, within one year (365 days) after reasonable notice, disconnect and discontinue use of such connection. D. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the I State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. E. Construction Activities. Any person performing construction work within the Town disturbing soil or rock shall implement appropriate BMPs to prevent the discharge from the site of soil or construction wastes or debris, including contaminants from construction materials, tools, and equipment to the stormwater drainage system or waters of the State. As with ordinance 2007-04 Standards for One and Two Family Dwelling Construction Projects, activities that disturb less than 20 cubic yards or 500 square feet of soil or rock do not require a grading permit. However, all other provisions of this ordinance shall apply. F. Sidewalks. Every property owner or any tenant in legal possession of the property upon which there is a paved sidewalk shall maintain that portion of the sidewalk on the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept into or otherwise allowed to enter the gutter or roadway, storm drain system, or any waters of the State, but shall instead be disposed of in receptacles maintained as required for proper disposal of solid waste. G. Unpaved Roads. Every property owner or any tenant in legal possession of the property upon which there is an unpaved road or driveway shall maintain that portion of the road or driveway and associated cuts or fills on the property free of litter or to prevent erosion to the maximum extent practicable. I I I I H. Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles thatwould pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for utility and trail construction and or maintenance, flood control or fire protection, nor remove said vegetation in such a manner as to increase the vulnerability of the water course to unnaturally high rates of erosion. I. Development. The Town may incorporate appropriate BMPs to control the volume, rate, and potential pollutant loading of stormwater runoff from development. These required BMPs will be contained in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this article. J. Paved Areas. Persons owning, operating, or maintaining a paved area, including the paved areas of a parking lot, gas station, paved street, road, or driveway, and related storm drain systems shall clean those structures as frequently and as thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system. 11.01.160 Containment and Notification of Illegal Discharges. Any person owning or occupying premises who have knowledge of any illicit discharge from or across those premises which might enter the storm drain system shall: A. Immediately take all reasonable action to contain and abate the illicit discharge, and; B. Notify the enforcement agency or its designated contact person within twenty-four (24) hours of the illicit discharge. The enforcement agency may require the owner of the property and/or the responsible person to take corrective actions within a specified time pursuant to this article. 11.01.170 Coordination with Hazardous Materials Inventorv and Response Program. Any business subject to Nevada County's and/or Town of Truckee's hazardous materials inventory and release response plan shall include, at the first opportunity for revision, provisions in that plan for compliance by law. 11.01.180 Enforcement. Any person who violates a provision of this article may be subject to administrative, civil, or criminal liability as provided in this article. A. Primary Authority. The enforcement agency is empowered to use any of the provisions of The Truckee Municipal Code, as well as and in addition to any other available remedy in law I or equity where appropriate to correct violations of, and secure compliance with the provisions of this article. B. Warning Not Required. Issuance of a warning shall not be a requirement prior to using any enforcement provisibn of, this article. C. Activities and operations of public agencies shall be exempt from the provisions of this ordinance to the extent that such activities and operations are regulated by state or federal agencies or are exempt under state or federal law. I I