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The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder.

All persons undertaking construction activities shall employ, to the maximum extent practicable, erosion and sediment control measures, soil stabilization measures, appropriate source control measures, pollution prevention measures, measures to prevent prohibited discharges, in general prevention construction site management practices and where applicable appropriate measures associated with dewatering activities that ensure discharges do not cause or contribute to an exceedence of the water quality standards contained in a Statewide Water Quality Control Plan, the California Toxics Rule or the Central Coast Regional Water Quality Control Board Basin Plan or subsequently adopted order.

These standards include the requirement that persons planning on undertaking construction activities develop, submit for review and possible approval to the city appropriate plans (e.g., erosion and sediment control plans or equivalent “plan”) to the satisfaction of the city prior to any activities on the site. The plan shall include appropriate site-specific construction site BMPs that meet not only all applicable Water Board regulations, but the City’s construction site storm water runoff control ordinance. Erosion and sediment control plan or equivalent shall include the rationale used for selecting BMPs including supporting soil loss calculations, if necessary. The plan shall list applicable permits directly associated with grading activity, including but not limited to the State Water Board’s Construction General Permit (CGP), State Water Board 401 Water Quality Certification, United States Army Corps 404 permit, and California Department of Fish and Game 1600 Agreement. As a condition of any grading permit the operator shall submit evidence to the city that all permits directly associated with grading activity have been obtained prior to commencing soil disturbing activities authorized by the grading permit.

If the project requires CGP compliance including the development of a site-specific SWPPP, then at the discretion of the city an erosion and sediment control plan or equivalent may not be required. Site-specific SWPPPs must meet all applicable Water Board requirements and include provisions that ensure compliance with the city’s construction site storm water runoff control ordinance. If the plan and/or site-specific SWPPP is revised, the operator of construction activity shall submit those proposed revisions prior to implementation to the city for review, consideration and possible approval.

All required erosion and sediment control measures, soil stabilization measures, appropriate source control measures, pollution prevention measures, measures to prevent prohibited discharges, in general construction site management practices and where applicable appropriate measures associated with dewatering activities shall be implemented, maintained, cleaned, repaired or replaced as necessary per industry acceptable standards as deemed appropriate by the city. (Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2009-03 § 1, 2009)