a. Authorization to Adopt and Impose Best Management Practices.The City may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, waters of the state or U.S. Where BMPs requirements are promulgated by the City or any Federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

The Director will periodically report to the City Council on the status of implementation of existing BMP regulations and any new BMP regulations to be developed for inclusion in the NPDES General Permit.

b. New Development and Redevelopment.The City shall require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects required by the NPDES General Permit, Regional Board Resolution No. R3-2013-0032, and per subsequent amendments thereto, to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and/or 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/or building permits as required in this Article, the NPDES General Permit and as amended thereto, and the City Storm Water Utility Ordinance, Chapter 31.5, Article 1.

These requirements may include a combination of structural and non-structural BMPs, and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs, including but not limited to an agreement with the City to perform regular inspections, maintenance and annual documentation of these activities, as well as provide for right of entry by City staff or designee to ensure compliance with the requirements of this Article or enforcement with any provision of this Article or the NPDES General Permit.

c. Construction Sites.BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the NPDES General Permit and as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system.

d. Responsibility to Implement Best Management Practices.Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a), (b) and (c) of this section, any person or entity 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 state or U.S. shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system, or waters of the state or U.S. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense. (Ord. 3519 § 6, 2015; Ord. 3493 § 7, 2014)