A. Authorization to Adopt BMPs. The city recognizes the current requirements of the State Water Resources Control Board for general permits for construction, industrial and municipal activities. In addition to the requirements of these general permits, the city may adopt additional requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to degradation, pollution, or contamination of storm water, the storm drain system, or waters of the United States.

B. Authorization to Impose BMP. Where the city or any federal, state of California, or regional agency has adopted BMP requirements for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water or pollutants, or degradation to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements within the time limit or under the conditions set forth in the BMP.

C. SWPPP Submittal and Maintenance. Prior to the city’s issuing any permit for activities which may contribute to pollution of the storm drain system, the person seeking the permit must submit a SWPPP. The SWPPP shall include detailed information describing the potential sources of pollution that may be created by the project being permitted and the recommended BMPs that will be applied. The information shall be sufficient to be used to direct a contractor to perform the BMPs and to recognize whether the BMP is achieving the required effect. The director will approve the SWPPP once the director is satisfied that the SWPPP meets the requirements of this chapter. The SWPPP is a “living” document, meaning it must be adjusted during the course of the construction activity to adapt to new or unforeseen conditions and changing work to maintain compliance with the requirements of this chapter.

D. New Development and Redevelopment Design Standards. The city will adopt design standards requiring appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from newly developed and redeveloped property. Such requirements are incorporated, unless specifically waived by the director, 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 section.

E. Compliance Assurance Deposit. A person with a project that includes a grading permit or any other permit that is likely to create a source of pollution shall submit a SWPPP compliance assurance construction security deposit in an amount to be fixed by the director to ensure NPDES compliance in accordance with the approved SWPPP. Should a project have inadequate BMPs, resulting in an illegal discharge, and if the SWPPP holder fails immediately to implement or maintain necessary BMPs to comply with this chapter, upon receiving notice from the city, the city or its agent will install the BMPs and deduct payment for this work from the compliance assurance deposit. If that occurs, the compliance assurance deposit must be replenished to the original amount, or to the amount expended by the city for BMP installation, whichever is higher, and the city will issue a stop work order on the project until such occurs. When the project has received final clearance, the director will release the compliance assurance deposit. Compliance with this section does not absolve a person from other penalties and fines as provided for in this chapter.

F. Responsibility to Implement BMPs. Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water or the storm drain system, shall implement BMPs to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide protection from accidental discharge of prohibited materials or other wastes into the storm drain system. The owner or operator shall provide and maintain facilities to prevent accidental discharge of prohibited materials or other wastes at the owner’s or operator’s expense.

G. Responsibility to Identify and Post. For the purposes of implementing Section 374 of the California Penal Code and the requirements of this chapter, property owners are required to mark and/or post all drainage inlets that have a connection to the creek system, either directly or through a portion of the storm drain system, as follows: