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Article III. Regulations and Requirements
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A. Authorization to Adopt and Impose Best Management Practices. The city may adopt, and from time to time amend, requirements identifying best management practices for activities, operations, or facilities that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States as a separate BMP Guidance Series. BMP requirements may incorporate by reference best management practices promulgated by federal, state of California, or regional agencies. Where best management practices requirements are promulgated in the BMP Guidance Series, each person who discharges pollutants to the storm drain system or waters of the United States, and each person owning or operating any facility that may cause such a discharge, shall comply with those BMP requirements.

B. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of BMP requirements promulgated pursuant to subsections A through D of this section, each person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering storm water, the storm drain system, or waters of the United States shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of each commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system and/or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at expense of the owner or operator.

As determined by the city manager, the city engineer will provide reports to the city council on the status of implementation of BMPs and any new BMPs to be developed for inclusion in the BMP Guidance Series.

C. Construction Sites. The city’s BMP Guidance Series will include appropriate best management practices to reduce pollutants in any storm water runoff from construction activities. The city shall incorporate such requirements 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 chapter and the city storm water utility ordinance.

Construction activities subject to BMP requirements shall continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, contamination, or unauthorized discharge of pollutants.

D. New Development and Redevelopment. The city’s BMP Guidance Series will include appropriate best management practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements 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 chapter.

E. The submission of any building, grading and/or development applications/plans shall include adequate provisions to prevent the discharge of pollutants both on and off a construction site. At a minimum these provisions shall include: (1) for sites that include ground disturbing activities appropriate erosion and sediment control measures; and (2) soil stabilization measures; (3) where pumping of ground water may be necessary the inclusion of appropriate dewatering control measures; (4) site-specific source controls to prevent the release and discharge of any pollutants; and (5) appropriate pollution prevention control measures to prevent the release and discharge of any pollutants per industry acceptable standards as deemed appropriate by the city.

F. All development and redevelopment projects disturbing more than fifty cubic yards, or two thousand five hundred square feet must retain one hundred percent of all storm water runoff for the one-hundred-year storm event in accordance with the latest city design standards. The project storm water retention system shall incorporate on-site storm water management systems (e.g., structural and/or nonstructural) to minimize runoff and pollutants and provide permanent storm drainage to control, manage, retain, treat, infiltrate and dispose of (1) on-site storm drainage for the project; and (2) ancillary street and site drainage from the adjoining streets and sites as stipulated in approved project plans. The design standards for storm water for the city of Marina exceeds the requirements specified in the Central Coast Regional Water Quality Control Board’s adopted order R3-2013-0032.

These requirements may include a combination of structural and nonstructural BMPs, and may include requirements to ensure the proper long-term operation and maintenance of these BMPs.

G. Failure to Submit Required Reports. As a condition of development, the issuance of a conditional use permit, the issuance of a business license, many businesses and/or facilities must submit specified reports. The failure to submit the required reports may result in the revocation of a building permit, the suspension of a conditional use permit and/or the revocation of a business license following notice from the city in addition to the issuance of municipal fines.

H. Post Construction Requirement Reporting. For sites that required the inclusion of storm water treatment control devices whether structural and/or nonstructural (systems) in compliance with the city’s and the Central Coast Regional Water Quality Control Board’s post construction requirements as a condition of development the applicant and site owner shall agree to submit annual reports to the city reflecting the following information:

1. Maintenance. A summary of all maintenance activities performed on the systems;

2. Monitoring. A summary of all monitoring activities performed on the systems;

3. Inspections. A summary of all inspection activities performed on the systems;

4. Cleanings. A summary of all cleaning activities performed on the systems;

5. Repairs. A summary of all repair activities performed on the systems.

The annual reports are to be submitted to the city in a format meeting city requirements and specifications documenting all maintenance, monitoring, inspections, cleanings and repairs made to the system during the prior reporting period (i.e., July 1st through June 30th annually). The annual report shall be submitted to the city both electronically and in paper form by July 15th of each year. The owner shall also at own expense meet all Water Board (State Water Resources Control Board and Central Coast Regional Water Quality Control Board) annual reporting requirements.

The requirements just noted are typical, but not always specified in the site operations and maintenance agreement and associated manual. (Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2009-03 § 1, 2009)