HomeMy WebLinkAboutORD 06-10 Amending Chapter 7.01 Water Quality and Stormwater DischargesORDINANCE N0.6-
10 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE
AMENDING CHAPTER 7.01 OF TITLE 7 OF THE
ORANGE MUNICIPAL CODE PERTAINING TO
WATER QUALITY AND STORMWATER
DISCHARGES.WHEREAS, the Federal Water Pollution Control Act (commonly known as
the Clean Water Act or "CWA"), 33 U.S.C. § 1251 et seq., as amended, prohibits the
discharge of any "Pollutant" (as defined in the CWA) to Waters of the United States from a
point source, unless the discharge is authorized by a permit issued pursuant to the
National Pollutant Discharge Elimination System ("NPDES");
and WHEREAS, pursuant to the CWA, the United States Environmental
Protection Agency ("US EPA") has defined the term "Municipal separate storm sewer system" ("
MS4")to mean a conveyance, or system of conveyances, including roads with drainage
systems,municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a
city,used for collecting Storm Water;
and WHEREAS, CWA § 402(p), 33 U.S.C. § 1342(p), requires that the City obtain
an NPDES permit for the discharge of Pollutants from theCity's MS4;
and WHEREAS, CWA § 402(p), 33 U.S.C. § 1342(p), further provides that
NPDES permits shall require controls to reduce the discharge of Pollutants from the MS4 to
the Maximum Extent Practicable, including management practices and such other provisions
as may be appropriate for the control of Pollutants; and requires the City to effectively
prohibit Non-Storm Water discharges to the
MS4; and WHEREAS, in implementation ofCWA § 402(p), US EPA has
adopted various regulations at several places in Title 40 of the Code of Federal Regulations ("
CFR") to address compliance and implementation of the
CWA; and WHEREAS, on May 22, 2009 the Santa Ana Regional Water Quality
Control Board SARWQCB") adopted a new NPDES Municipal Storm Water Permit
entitled WASTE DISCHARGE REQUIREMENTS ORDER NO. R8-2009-
0030 [NPDES NO. CAS618030J FOR THE COUNTY OF ORANGE, ORANGE
COUNTY FLOOD CONTROL DISTRICT,AND THE INCORPORATED CITIES OF ORANGE COUNTY
WITHIN THE SANTA ANA REGION, AREAWIDE URBAN STORM WATER
RUNOFF, ORANGE COUNTY (the NPDES" Order), to cities in Orange County, including the
City of Orange; and WHEREAS, the NPDES Order and US EPA
regulations implementing the CWA,require the City to demonstrate that it has adequate legal
authority, through ordinance or other authority, to prohibit Illicit Discharges and to otherwise
require compliance with
WHEREAS, under the California Constitution and California statutory law, the City
has the authority to define public nuisances and to protect the public health and safety of the
residents of and visitors to the City, and the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 7.01.030.B. shall be amended to provide as follows:
B. Basin Plan shall mean the Water Quality Control Plan for the Santa Ana Basin adopted by
the Santa Ana Regional Water Quality Control Board in March 1994 and any subsequent
updates and amendments."
Section 7.01.030 shall be amended by deleting S.2 and renumbering all other listed non-
prohibited discharges accordingly.
Section 7.01.030.X shall be amended as follows:
Subsection X.2 shall be deleted and replaced with the following:
2. New developments that create ten thousand (10,000) square feet or more of
impervious surface (collectively over the entire project site) including commercial, industrial,
residential housing subdivisions (i.e., detached single family homes, multi-family
attached subdivisions (townhomes), apartments, condominiums, etc.), mixed-use and
public projects;"Subsection Section X.3 shall be deleted andSubsections X.4and X.
5 renumbered,respectively, to X.3 and
X.4.Subsection X.6 shall be renumbered X.5 and be amended to read
as follows:5. Hillside developments of five thousand (5,000) square feet or more, which
are located on areas with known erosive soil conditions or where the natural slope is 25
percent
or more;"Subsection X.7 shall berenumbered
X.6.Subsection X.8 shall berenumbered X.7 and amended to read
as follows:7. Parking lots of five thousand (5,000) square feet or more of
impervious surface exposed to storm water. Parking lot is defined as a land area or facility for
the temporary storage of
motor vehicles;"The following subsections shall
be
8. Streets, roads, highways and freeways of five thousand (5,000) square feet or more of
paved surface. This includes any paved surface used for the transportation of automobiles,
trucks, motorcycles and other vehicles and excludes routine maintenance activities when the
footprint is not changed.
9. Retail gasoline outlets of five thousand (5,000) or more square feet with projected
average daily traffic of 100 or more vehicles per day;
10. Emergency and public safety projects in any of the above-listed categories may
be excluded if the delay caused due to the requirement for a WQMP compromises public
safety,public health and or/environmental
protection."Subsection 7.01.030 AA shall be amended to provide as
follows:AA. SIGNIFICANT REDEVELOPMENT means the addition or replacement
of five thousand (5,000) square feet or more of impervious surface on a developed
site.Redevelopment does not include routine maintenance activities that are conducted
to maintain original line and grade, hydraulic capacity, original purpose of the facility,
or emergency redevelopment activity required to protect public health and safety.
Where redevelopment results in the addition or replacement of less than fifty percent (50%) of
the impervious surfaces of a previously existing developed site, and the existing
development was not subject to WQMP requirements, the numeric sizing criteria applies only to
the addition or replacement, and not to the entire developed site. Where redevelopment results
in the addition of fifty percent (50%) or more of the impervious surfaces of a
previously existing developed site, the numeric sizing criteria applies to the entire
development."Subsection 7.01.030 FF shall be amended to provide as
follows:FF. WATER QUALITY MANAGEMENT PLAN (WQMP) means a water
quality plan that is designed to minimize pollutant discharges during operation activities.
Another synonymous term for such a water quality plan is Standard Urban Storm Water Mitigation
Plan
SUSMP)."Subsection 7.01.050 A.3 shall be amended to provide as
follows:3. Notwithstanding subsections (A)(1) and (2) of this section, compliance with
the development project guidance shall not be required for construction of a (one) single
family detached residence unless it falls under one of the Priority Categories as defined in7.01.
030.X. or the Public Works Director determines that the construction may result in the
discharge of significant levels of a Pollutant into a tributary to the stormwater drainage
system."Section 7.01.060 shall be amended to provide as
follows:7.01.060 Water Quality Management Plan (WQMP)
Requirements.A Water Quality Management Plan (WQMP) shall be prepared and submitted for
all priority development and significant redevelopment projects, for nonpriority projects
as described in the DAMP and for projects as required by the Public Works Director. The
City may require independent review of the submitted WQMP, and the development
project proponent shall pay for the cost of the independent review. The WQMP shall include
low
impact development practices (LID), source control and structural and treatment control best
management practices as specified in the NPDES Permit, and the WQMP shall be prepared
in conformance with the DAMP and LIP. Treatment control BMPs shall be required for all
priority development projects, and such projects shall be designed so that the treatment
control BMPs comply with the volume or flow design criteria specified in the NPDES
Permit."
Section 7.01.070 shall be amended to provide as follows:
7.01.070 Best Management Practice (BMP) Requirements.
Every person owning property or conducting any activity, operation or facility shall
comply with applicable BMP as identified in the DAMP and LIP in order to prevent, to the
maximum extent practicable, pollutants from entering the storm water drainage system and
maintain the BMPs as specified in the project approved WQMP of Section 7.01.060."
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
Adopted this 8t" day of June, 2010
4
A'~'TES'~':
Mary E. City Clerk, Ci Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 25th day of May, 2010, and thereafter at the regular meeting of said City
Council duly held on the 8th day of June, 2010, was duly passed and adopted by the following
vote, to wit:
AYES:COUNCIL MEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary E. ,City Clerk, Cit Orange