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City of Roseville

Roseville Stormwater Laws & Regulations

The City of Roseville has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Roseville is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Roseville will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Roseville, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Roseville has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.

Excerpt- Roseville Stormwater Ordinance No. 4822

Article II. Discharge Prohibitions

14.20.120 Prohibition of illegal discharges.

It is unlawful to discharge, permit to be discharged, or cause to be discharged any sewage, industrial waste, pollutant, garbage, or rubbish into any municipal storm drain system, watercourse, natural outlet, creek, or channel, except in accordance with the provisions of Chapter 14.20.130, or with the terms of a state or federally issued NPDES permit or city stormwater permit. Non-stormwater runoff discharge that is not incidental is prohibited, unless otherwise specified in Section 14.20.130. (Ord. 5787 § 10, 2017; Ord. 4822 § 1, 2010.)

14.20.130 Exemptions.

The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as follows:

A. The following non-storm water discharges are not prohibited provided any significant sources of pollutants present in the discharges are identified and appropriate control measures are developed and implemented to minimize the impacts of such discharges:

1. Water line flushing;

2. Individual residential car washing;

3. Diverted stream flows;

4. Rising groundwater;

5. Uncontaminated groundwater infiltration (as defined at 40 CFR Section 35.2005(20)) to separate storm sewers;

6. Uncontaminated pumped groundwater;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensation;

10. Springs;

11. Water from crawl space pumps;

12. Footing drains;

13. Flows from riparian habitats and wetlands;

14. Dechlorinated swimming pool discharges;

15. Incidental runoff from landscaped areas, and

16. Discharges or flows from fire-fighting activities are excluded from effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants.

B. The prohibition in Section 14.20.120 shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California or the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that approval has been granted by the city for any discharge to the city’s storm drain system. However, this exemption provision does not obviate the need to obtain any other necessary permits for such discharges. Further, if the city or the Regional Board determines that any individual or class of non-stormwater discharge(s) listed above may be a significant source of pollutants to waters of the United States or to the physically interconnected MS4, or poses a threat to water quality standards (beneficial uses), the city may require the discharger to monitor and submit a report and to implement BMPs on the discharge.

C. Any discharge that the director, enforcement officer, the local health officer, or the Regional Board determines in writing is necessary for the protection of public health and safety.

D. With concurrence of the Regional Board, the city may exempt in writing other non-stormwater discharges that are not a significant source of pollutants to the storm drain system or waters of the United States. (Ord. 5787 § 11, 2017; Ord. 4822 § 1, 2010.)

14.20.140 Exceptions to otherwise applicable exemptions.

A. Notwithstanding the exemptions provided for in the previous section above, if the Regional Board or the director determines that a discharge that is otherwise exempt from the prohibition on illegal discharges causes or significantly contributes to a violation of any NPDES permit requirement or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue and require elimination of the discharges pursuant to Section 14.20.300.

B. Discharges in excess of an amount deemed to be incidental runoff shall be controlled. Parties responsible for controlling runoff in excess of incidental runoff shall:

1. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within 72 hours of learning of the leak;

2. Properly design and aim sprinkler heads;

3. Not irrigate during precipitation events; and

4. Manage ponds containing recycled water such that no discharge occurs unless the discharge is a result of a 25 year, 24-hour storm event or greater. In the case of such discharge, the Regional Board is to be notified by an email sent no later than 24 hours after the discharge that includes identifying information, including the discharger’s name and address. (Ord. 5787 § 12, 2017; Ord. 4822 § 1, 2010.)

14.20.150 Solid waste disposal prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the United States, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes properly deposited in streets in proper waste receptacles or pursuant to a city sponsored collection program are exempted from this prohibition. (Ord. 5787 § 13, 2017; Ord. 4822 § 1, 2010.)

14.20.160 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

It is unlawful for any person subject to an industrial stormwater NPDES permit, construction stormwater NPDES permit, or city stormwater permit to violate any conditions of such permit. Proof of compliance with said permits may be required in a form acceptable to the director for all industrial stormwater NPDES permit holders, and the city engineer for all construction stormwater NPDES permit holders, prior to or as a condition of approval of a subdivision map, site plan, building permit, or development or redevelopment plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 5787 § 14, 2017; Ord. 4822 § 1, 2010.)

Article III. Stormwater Quality Management for Development

14.20.170 Stormwater management plans.

Site development construction plans must be accompanied by a stormwater management plan as required by the Stormwater Quality Design Manual. Prior to the issuance of a permit to construct and prior to installation and implementation of the specified BMPs, the construction plan and stormwater management plan shall have been reviewed and accepted by the city engineer. The stormwater management plan shall detail how stormwater generated from a site will be controlled, managed, and treated, including, but not limited to, incorporation of low impact development (LID) and hydromodification management concepts. The stormwater management plan shall evaluate the environmental characteristics of the project site and the potential impacts of all proposed development plans for the site on the water resources, and shall demonstrate the effectiveness of the type of stormwater control measures proposed for managing stormwater generated from the site. The stormwater management plan together with the site development construction plans shall indicate the size and location of all stormwater control measures, but need not include any information protected by Homeland Security laws or regulations. (Ord. 5787 § 15, 2017; Ord. 4822 § 1, 2010.)

14.20.180 Stormwater maintenance plans.

A stormwater BMP maintenance plan shall be developed for all post-construction stormwater control measures and shall include a schedule for when and how often maintenance of the stormwater control measures will occur, a list of any special equipment or skills required for proper maintenance, the estimated cost of maintenance, and a schedule for periodic inspections to ensure proper performance between maintenance events. (Ord. 5787 § 16, 2017; Ord. 4822 § 1, 2010.)

14.20.190 Stormwater control maintenance agreement required.

As a condition of issuance of the annual stormwater management permit, a stormwater control maintenance agreement shall be entered into by and between the developer of the development or redevelopment project and the current or future landowner(s) of all privately owned stormwater control measures. Certification of legal transfer and the existence of a stormwater control maintenance agreement shall be provided to the city upon the transfer of any land containing privately owned stormwater control measures from a development or redevelopment project. For new development and redevelopment, the stormwater control maintenance agreement shall run with the land and be recorded in the office of the Placer County recorder. The stormwater control maintenance agreement shall be irrevocable and shall obligate all current and future landowners to bear all costs for the annual maintenance, replacement, record keeping, and annual permitting of all stormwater control measures. (Ord. 5787 § 17, 2017; Ord. 4822 § 1, 2010.)

14.20.200 Stormwater management permit required.

No landowner shall own or operate one or more post-construction stormwater control measures without obtaining an annual stormwater management permit as provided in this chapter. Each stormwater management permit shall be valid for one year and must thereafter be annually renewed. (Ord. 5787 § 18, 2017; Ord. 5279 § 14, 2014; Ord. 4822 § 1, 2010.)

14.20.210 Prerequisites for permit issuance.

Applications for annual stormwater management permits shall be filed with the city’s development services department. The initial stormwater management permit application must be accompanied by a stormwater management plan (for new construction only), a post-construction stormwater BMP maintenance plan, and a stormwater control maintenance agreement as detailed in Sections 14.20.170, 14.20.180 and 14.20.190. Prior to the issuance of a certificate of completion or a certificate to occupy, satisfactory stormwater management and post-construction stormwater BMP maintenance plans and a stormwater control maintenance agreement shall have been reviewed and accepted by the city engineer. (Ord. 5787 § 19, 2017; Ord. 4822 § 1, 2010.)

14.20.220 Fees.

If applicable, every application for an annual stormwater management permit or renewal shall be accompanied by a nonrefundable fee, as established by resolution adopted by the city council, as amended from time to time. (Ord. 5800 § 43, 2017; Ord. 5787 § 20, 2017; Ord. 4822 § 1, 2010.)

14.20.230 Stormwater quality design requirements and waivers.

A. All stormwater control measures shall be constructed and designed in accordance with the Stormwater Quality Design Manual.

B. A waiver from the requirements of the Stormwater Quality Design Manual may be requested if impracticability for a specific property can be established. A waiver for impracticability shall be granted only when all other stormwater control measures have been considered and rejected as infeasible. The city engineer may grant a waiver for the following situations of impracticability:

1. If there are extreme limitations of space for treatment on a redevelopment project;

2. If there are unfavorable or unstable soil conditions at a site to attempt infiltration;

3. If there is a risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10 feet from the soil surface.

Any waivers to stormwater quality design requirements for situations of impracticability not specified in this section must be granted by the Regional Board.

C. All requests to waive the stormwater quality design requirements, or any portions thereof, shall be submitted in writing to the city engineer for review. All requests shall be accompanied by a proposed stormwater management plan, including site plans and design documentation, which demonstrates the impracticability. The city engineer will review all requests and determine if a separate petition must be submitted to the Regional Board for consideration.

D. When a waiver is granted pursuant to this section, the landowner may be required to pay a stormwater control measure mitigation fee as established by resolution adopted by the city council, as amended from time to time.

E. Where any development or redevelopment project involves a new or rehabilitated flood management project associated with the city’s municipal stormwater system, the landowner will need to coordinate with the city and any other local flood control entities to incorporate water quality and habitat enhancement features into the project. (Ord. 5800 § 44, 2017; Ord. 5787 § 21, 2017; Ord. 4822 § 1, 2010.)

14.20.240 Self certification reports and inspections.

A. All stormwater management permittees shall annually submit to the city engineer a self certification report demonstrating compliance with the approved stormwater maintenance plan. The self certification report shall verify that the operating condition of the stormwater control measures are in good working order and that the stormwater maintenance plan has been executed to ensure that stormwater control measures continue to perform adequately. The city engineer may conduct inspections of the stormwater control measures to confirm the information filed in the self certification report. It shall be unlawful to make any false statement or representation in a self certification report submitted to the city engineer.

B. If a stormwater management permittee fails to submit the required self certification report, the city engineer or enforcement officer may conduct an inspection of the stormwater control measures to verify compliance with the approved stormwater maintenance plan. If the city engineer or enforcement officer determines the stormwater management permittee is not in compliance with the stormwater maintenance plan, or the stormwater control measures are not in good working order, the city engineer or enforcement officer may issue a compliance order pursuant to Section 14.20.430 setting forth a schedule for compliance. The city engineer or enforcement officer shall perform a follow-up reinspection at the conclusion of the schedule for compliance. Each time a reinspection is required beyond the initial follow-up reinspection for the compliance order, a reinspection fee will be charged to the permittee, until such time that the permittee comes into compliance. The amount of the reinspection fee shall be as established by resolution adopted by the city council, as amended from time to time. Any unpaid costs owed by the permittee may be charged as a lien against the property.

C. The city engineer or enforcement officer shall perform a follow-up re-inspection at the conclusion of any prescribed schedule for compliance. Each time a re-inspection is required beyond the initial follow-up re-inspection for the compliance order, a re-inspection fee will be charged to the permittee, until such time that the permittee comes into compliance. The amount of the re-inspection fee shall be established by city council resolution. Any unpaid costs owed by the permittee may be charged to the landowner, and if not paid, the city shall have the authority to place a lien against the property. (Ord. 5800 § 45, 2017; Ord. 5787 § 22, 2017; Ord. 4822 § 1, 2010.)

14.20.250 Replacement of stormwater control measures.

Once a post-construction stormwater control measure reaches the end of its life cycle or has been damaged and can no longer operate as designed, that stormwater control measure shall be replaced by the landowner at the landowner’s expense and inspected by the city engineer. Replacement stormwater control measures replaced in kind or with different technologies shall, at a minimum, meet the requirements of the then current Stormwater Quality Design Manual, LID Manual, and the requirements prescribed in this chapter. (Ord. 5787 § 23, 2017; Ord. 4822 § 1, 2010.)

14.20.260 Records of installation and maintenance.

Persons responsible for the operation and maintenance of stormwater control measures shall retain records of the initial installation of the stormwater control measures and records of all maintenance and repairs for the life of that control measure, but in no case less than five years. These records shall be made available to the city during inspection of the stormwater control measures and at other reasonable times upon request. (Ord. 5787 § 24, 2017; Ord. 4822 § 1, 2010.)

14.20.270 Unlawful to tamper with stormwater control measures.

It is unlawful to tamper with or knowingly render inoperable any stormwater control measure. (Ord. 4822 § 1, 2010.)

14.20.280 Time limit for filing application for permit.

All landowners with existing stormwater control measures as of the date of adoption of this chapter must apply for and obtain an annual stormwater management permit and enter into a stormwater control maintenance agreement pursuant to Section 14.20.220, within 12 months of the effective date of the ordinance codified in this chapter. Continued operation of stormwater control measures without an annual stormwater management permit more than 12 months after the effective date of the ordinance codified in this chapter shall constitute a violation of this chapter. (Ord. 4822 § 1, 2010.)