§ 5-10.204. Construction Activities.

(a)

Compliance with NPDES Permits and Notification of Intent. Any discharge associated with any current construction activity, or discharger described in a current NPDES general construction permit shall comply with all requirements of such permit and the discharger shall supply notice of intent to both the permitting agency and the City.

(b)

Local Storm Water Pollution Prevention Plan. Before receiving a construction grading or erosion control permit from the City pursuant to Article 3 of this Code, the discharger shall prepare and submit a local SWPPP to the City. The local SWPPP shall be consistent with (no less stringent than) any current NPDES general construction permit applicable to the discharger.

(1)

Prior to the issuance by the City of a discretionary land use approval or any permit authorizing grading or construction for development, or at the discretion of the Director, the property owner shall submit to and obtain the approval of the Director for a local SWPPP when the Director determines that development such as, but not limited to, specific plans, multiphased subdivisions, redevelopment plans and larger planned developments may result in the discharge of significant levels of any pollutant to the MS4.

(2)

A local SWPPP shall not be required for construction of one (1) single family detached residence or for a room addition unless the Director determines that the construction may result in the discharge of significant levels of a pollutant into the MS4. This exemption, shall not apply to construction of more than one (1) home at a time by one (1) developer in a residential subdivision.

(3)

Each local SWPPP shall name a responsible party for the project.

(4)

The owners of a development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved local SWPPP. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of the ordinance codified in this chapter.

(5)

The costs and expenses of the City incurred in the review, approval, or revision of any local SWPPP, (or in the approval or revision of any such) shall be charged to the property owner or responsible party and shall be a civil debt owed to the City. The City 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.

(6)

Compliance with the conditions and requirements of a local SWPPP shall not exempt any person from the requirement to comply independently with each provision of this chapter.

(7)

In any action at law under this chapter, the City shall have the right to reasonable attorneys fees in addition to its other costs, provided that it is determined by the court to be the prevailing party.

(8)

The Director may require that the local SWPPP be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner, or the named responsible party shall be sufficient for the recording of the plans or any revised plan and a signature on behalf of the City shall not be required for recordation.

(9)

The Director may require that the terms, conditions and requirements of the approved local SWPPP be placed as a condition on a final or tentative map.

(c)

Compliance with Best Management Practices. Every person undertaking any activity or use of a premise which may cause or contribute to storm water pollution or contamination, illegal discharges, or non-storm water discharges shall comply with applicable Best Management Practices guidelines or pollution control. With respect to any new construction, no encroachment or other development related permit shall be issued by the City without the written approval of the Director with respect to the requirements of this section. The Director may adopt requirements identifying appropriate Best Management Practices for any activity, operation or facility which cause or contribute to pollution or contamination of City's MS4. All construction contractors performing work in the City shall conform to the Erosion and Sediment Control Standard of this chapter, City Standard Specifications for Erosion and Sediment Control, and any other standard adopted by the City. The City has approved for use the BMPs contained in the California Storm Water Quality Association's "Storm Water Best Management Practice Handbook for Construction."

(d)

Construction Requirements. In addition to any adopted BMPs or other requirements for construction projects adopted by the City, the following requirements shall apply to all projects undergoing construction in the City. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the City.

(1)

Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment at construction sites, shall be retained on the site to the maximum extent practicable.

(2)

Any sediment or other materials that are not retained on the site shall be removed the same day as the projects are completed. Where determined necessary by the Director, a temporary sediment barrier shall be installed.

(3)

Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

(4)

No washing of construction or other industrial vehicles shall be allowed on a construction site or property adjacent to a construction site.

(5)

Drainage controls shall be utilized as needed, depending on the extent of the proposed grading and topography of the site, including, but not limited to, the following: detention ponds, sediment ponds, infiltration pits, dikes, filter berms, ditches, down drains, chutes, or flumes.

(e)

Inspection. The Director may, whenever necessary, enter a site and make an inspection of a construction site pursuant to Section 5-10.401 to enforce the provisions of this chapter.

(Ord. 3355 § 1, effective 10-8-04)