Sec. 23D-8-10. Requirement to prevent, control and reduce storm water pollutants.

(a) Authorization to Implement Best Management Practices. The city will implement BMPs for any activity, operation or facility that may cause or contribute to pollution or contamination of storm water, the storm drain system or waters of the U.S. The BMPs will be identified in a BMP manual, which can be obtained by contacting the city’s public works department. Where BMP 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.
(b) Post-Construction Best Management Practices. New development and redevelopment projects will be required to implement post-construction BMPs to control the volume, rate and potential pollutant load of storm water runoff, including but not limited to requirements to minimize the generation, transport and discharge of pollutants. A copy of the city’s post-construction BMP’s, identified in the storm water quality control measures design guidelines, can be obtained by contacting the city’s public works department.
The public works director, or his or her designee, shall be the administrator of the storm water quality control measures design guidelines. These guidelines shall be reviewed and updated at least every three years.
The city shall incorporate such storm water quality control measure design guideline 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. The city shall collect a fee in accordance with the fee schedule to ensure compliance with the post-construction BMPs. The fee schedule would be adopted under a separate resolution.
(c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b) of this section, any 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 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 watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
(d) Maintenance Agreement. Commercial and industrial facility owners implementing post-construction BMPs shall enter into a maintenance agreement with the city for the maintenance of such features. (Ord. No. 1369, § 2 (part).)