§ 8.56.100. Requirement to prevent, control, and reduce stormwater pollutants.

A.

Authorization to Adopt and Impose Best Management Practices. The town may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the state. Where BMP requirements are promulgated by the town 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[s] of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The town manager will periodically report to the town council on the status of implementation of BMPs, the development of new and effectiveness of existing BMPs, and area-wide BMPs which may be included in BMP guidance documents promulgated by the town or other regional or state agencies.

B.

New Development and Redevelopment. The town may require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The owner and developer shall comply with the terms, provisions, and conditions of any land use entitlements and building permits which require such BMPs. These BMP 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.

C.

Construction Sites. Temporary and permanent BMPs to reduce pollutants in any stormwater runoff activities shall be incorporated in any land use entitlement and grading, encroachment, construction or building-related permit (see PMC Title 15.02.300 Section J104.2 amended). The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements, building, grading, encroachment, or demolition permits as required by the town.

D.

Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A, B and C above, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants or non-stormwater discharging into stormwater, the storm drain system, or waters of the state shall implement, operate and maintain BMPs to the extent they are technologically achievable to prevent and reduce such pollutants to the maximum extent practicable. 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. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(Ord. No. 548, § 1, 9-9-2014)