HomeMy WebLinkAbout2015-06-23; City Council; 22014; Amend Title 6 15 National Pollutant Discharge Elimination System NPDES RequirementsAB# 22,014
MTG. 06/23/15
DEPT. Clerk
CITY OF CARLSBAD-AGENDA BILL
AMEND CARLSBAD MUNICIPAL CODE TITLES 6 AND
15, FOR COMPLIANCE WITH THE UPDATED
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) MUNICIPAL PERMIT
REQUIREMENTS
DEPT. DIRECTO
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-276, approving an amendment to Title 06.08 of the Carlsbad Municipal
Code, clarifying definitions to ensure compliance of businesses with storm water protection
requirements and to be consistent with the updated San Diego Regional Water Quality Control
Board National Pollutant Discharge Elimination System Municipal Permit (Order No. R9-2013-
0001).
Adopt Ordinance No. CS-277, approving an amendment to Title 15.04 of the Carlsbad Municipal
Code, adjusting and clarifying the definition of existing terms to comply with the requirements of
the updated San Diego Regional Water Quality Control Board National Pollutant Discharge
Elimination System Municipal Permit (Order No. R9-2013-0001).
Adopt Ordinance No. CS-278, approving an amendment to Title 15.12 of the Carlsbad Municipal
Code, modifying and clarifying prohibited discharges related to non-storm water discharges to the
storm water conveyance system, and inclusion of new exemptions from discharge prohibitions to
comply with the updated San Diego Regional Water Quality Control Board National Pollutant
Discharge Elimination System Municipal Permit (Order No. R9-2013-0001), and the addition of the
Best Management Practices Design Manuat which will replace the current Standard Urban Storm
Water Mitigation Plan in the Fiscal Year 2015-16.
ITEM EXPLANATION:
Ordinance Nos. CS-276, CS-277, and CS-278 were introduced and first read at the City Council
meeting held on June 9, 2015. The second reading allows the City Council to adopt the ordinances
which will become effective thirty days after adoption. The City Clerk will have the ordinances or
a summary of the ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
Compliance with the proposed code revisions are not expected to result in any increases to the
General Fund or any other city revenue source at this time. The proposed code revisions are
necessary to implement programs that were anticipated prior to approval of the Fiscal Year 2015-
16 budget. All program costs associated with enforcement of the provisions included in the
proposed code revisions are anticipated to be accommodated by existing staff and/or budgeted
expenses in the Fiscal Year 2015-16 budget. City staff will continually assess programs related to
the storm water pollution prevention program to evaluate future annual budgetary needs relative
to new Permit requirements and request additional resources in future years, if needed.
DEPARTMENT CONTACT: Shelley Collins 760-434-2917 or Shelley.collins@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
~CONTINUED TO DATE SPECIFIC
0 CONTINUED TO DATE UNKNOWN
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Adoption of Ordinance Nos. CS-276, CS-277, CS-278
June 23, 2015
Pagel
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15301(c) minor alteration of existing facilities, including streets, sidewalks,
gutters, and similar facilities involving negligible, or no expansion.
EXHIBIT:
1. Ordinance No. CS-276
2. Ordinance No. CS-277
3. Ordinance No. CS-278
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ORDINANCE NO. CS-276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AMEND TITLE 06.08 OF THE
CARLSBAD MUNICIPAL CODE, CLARIFYING DEFINITIONS TO
ENSURE COMPLIANCE OF BUSINESSES WITH STORM
WATER PROTECTION REQUIREMENTS AND TO BE
CONSISTENT WITH THE UPDATED SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT
(ORDER NO. R9-2013-0001).
EXHIBIT 1
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 6, Section 6.08.010 (A) of the Carlsbad Municipal Code is
amended to read as follows:
1. "Bin" means a metal or rigid plastic container provided by the city or its franchisee
with a capacity of less than ten cubic yards, equipped with a lid, capable of containing all
pollutants within, and designed for mechanical pick-up by collection vehicles.
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17. "Roll-off box" means a metal container with a capacity of ten or more cubic yards,
capable of containing all pollutants within, that is normally loaded onto a motor vehicle.
20. "Storm water" means storm water runoff, snowmelt runoff and surface runoff and
drainage. Surface runoff and drainage pertains to runoff and drainage resulting from
precipitation events. For the purposes of this chapter, storm water runoff and drainage
from areas that are in a natural state, have not been significantly disturbed or altered,
either directly or indirectly, as a result of human activity, and the character and type of
pollutants naturally appearing in the runoff have not been significantly altered, either
directly or indirectly, as a result of human activity, shall be considered "unpolluted" and
shall satisfy the definition of "storm water" in this chapter.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
gth day of June, 2015 and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 23rd day of June, 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
(SEAL)
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ORDINANCE NO. CS-277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AMEND TITLE 15.04 OF THE
CARLSBAD MUNICIPAL CODE, ADJUSTING AND CLARIFYING
THE DEFINITION OF EXISTING TERMS TO COMPLY WITH THE
REQUIREMENTS OF THE UPDATED SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT
(ORDER NO. R9-2013-0001).
EXHIBIT 2
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 15, Section 15.04.020 of the Carlsbad Municipal Code is
amended to read as follows:
26 B. "Best management practices (BMP)" means schedules of activities, prohibitions of
27 practices, maintenance procedures and other management practices to prevent or
28 reduce the pollution of waters of the United States, as defined in 40 CFR 122.2. BMPs
also include treatment requirements, operating procedures and practices to control
2 plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
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material storage.
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5 E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared
6 pursuant to the Industrial General Permit or pursuant to Section 15.12.080 of this
7 code for the purpose of {1) identifying and evaluating sources of pollutants
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associated with business activities that may affect the quality of storm water
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10 discharges and authorized non-storm water discharges from a facility; and {2)
11 identifying and implementing site-specific best management practices to reduce or
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13 authorized non-storm water discharges from a facility.
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N. "Industrial general permit" means NPDES General Permit for Storm Water Discharges
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16 Associated with Industrial Activities (Order No. 97-03-DWQ, NPDES No. CAS000001)
17 issued by the State Water Resources Control Board, and any amendment, revision or
18 re-issuance thereof. The general industrial activity permit establishes a framework
19 for regulating the discharge of storm water runoff from certain industrial activities as
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21 specified in the permit.
22 P. "Illicit connection" means any man-made conveyance or drainage system through
23 which a non-storm water discharge to the storm water drainage system occurs or
24 may occur. Any connection to the MS4 that conveys an illicit discharge ..
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Q. "Jurisdictional urban runoff mitigation plan (JURMP)" means a written description of
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27 the specific jurisdictional runoff management measures and programs that each
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pollutant discharges in runoff are reduced to the MEP and do not cause or contribute
to a violation of water quality standards.
"Low impact development (LID)" means a storm water management and land
development strategy that emphasizes conservation and the use of on-site natural
features integrated with engineered, small-scale hydrologic controls to more closely
reflect pre-development hydrologic functions.
"Non-storm water discharge" means all discharges to and from a MS4 that do not
originate from precipitation events (i.e., all discharges from a MS4 other than storm
water). Non-storm water includes illicit discharges and NPDES permitted discharges.
"Pollutant" means any agent that may cause or contribute to the degradation of
water quality such that a condition of pollution or contamination is created or
aggravated.
"Receiving waters" means Waters of the United States. These are surface bodies of
water which serve as receiving points for discharges from the storm water
conveyance system, including Encinas Creek, San Marcos Creek, Batiquitos Lagoon,
Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista Lagoon and their tributary
creeks, reservoirs, lakes, estuaries, and the Pacific Ocean.
"Rainy season aka Wet Season" means October 1 to April 30.
"Storm water" means, per 40 CFR 122.26(b)(13), storm water runoff, snowmelt
runoff and surface runoff and drainage. Surface runoff and drainage pertains to
runoff and drainage resulting from precipitation events.
"Treatment control best management practice (TCBMP)" means any engineered
system designed to remove pollutants by simple gravity settling of particulate
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pollutants, filtration, biological uptake, media absorption or any other physicat
biological, or chemical process.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
gth day of June, 2015 and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 23rd day of June, 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
ATTEST:
(SEAL)
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ORDINANCE NO. CS-278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AMEND TITLE 15.12 OF THE
CARLSBAD MUNICIPAL CODE, MODIFYING AND CLARIFYING
PROHIBITED DISCHARGES RELATED TO NON-STORM WATER
DISCHARGES TO THE STORM WATER CONVEYANCE SYSTEM,
AND INCLUSION OF NEW EXEMPTIONS FROM DISCHARGE
PROHIBITIONS TO COMPLY WITH THE UPDATED SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL
PERMIT (ORDER NO. R9-2013-0001), AND THE ADDITION OF
THE BEST MANAGEMENT PRACTICES DESIGN MANUAL, WHICH
WILL REPLACE THE CURRENT STANDARD URBAN STORM
WATER MITIGATION PLAN IN THE FISCAL YEAR 2015-16.
EXHIBIT 3
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 15, Section 15.12.050 of the Carlsbad Municipal Code is
amended to read as follows:
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Discharges of pool or fountain water containing chlorine, algaecides, biocides, or
other chemicals; discharges of pool or fountain filter backwash water;
Discharges of saline swimming pool water unless such discharge can be discharged
via a pipe or concrete channel directly to a naturally saline water body (e.g., Pacific
Ocean};
Discharges of sediment, pet waste, vegetation clippings, or other landscape or
construction-related wastes; and
Discharges of food-related wastes (e.g., grease, fish processing, and restaurant
kitchen mat and trash bin wash water, etc.}.
3. That Title 15, Section 15.12.055 of the Carlsbad Municipal Code is
amended to read as follows:
16 B. Non-storm water discharges to the MS4 from the following categories of non-storm
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water discharges are allowed if the discharger obtains coverage under NPDES Permit
No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent order} and the
discharger is in compliance with all requirements of the applicable NPDES permit and
all other applicable laws and regulations; or the RWQCB determines in writing that
coverage under NPDES Permit No. CAG919002 is not required. Otherwise, non-storm
water discharges from the following categories are illicit discharges:
1. Discharges from uncontaminated pumped groundwater;
2. Discharges from foundation drains when the system is designed to be located at
or below the groundwater table to actively or passively extract groundwater
during any part of the year;
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3. Discharges from crawl space pumps;
4. Discharges from footing drains when the system is designed to be located at or
below the groundwater table to actively or passively extract groundwater during
any part of the year.
Non-storm water discharges to the MS4 from water line flushing and water main
breaks are allowed if the discharges have coverage under NPDES Permit No.
CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003, or
subsequent order), and the discharger is in compliance with all requirements of that
NPDES permit and other applicable laws and regulations. This category includes
water line flushing and water main break discharges from water purveyors issued a
water supply permit by the California Department of Public Health or federal military
installations. Discharges from recycled or reclaimed water lines to the MS4 are
allowed if the discharges have coverage under an NPDES permit, and the discharger
is in compliance with the applicable NPDES permit and other applicable laws and
regulations. Otherwise, discharges from water lines are illicit discharges.
Non-storm water discharges to the MS4 from the following categories are allowed,
unless the enforcement official or the Regional Water Quality Control Board
identifies the discharge as a source of pollutants to receiving waters, in which case
the discharge is considered an illicit discharge:
1. Discharges from diverted stream flows;
2. Discharges from rising groundwater;
3. Discharges from uncontaminated groundwater infiltration to the MS4; \~
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4. Discharges from springs;
5. Discharges from riparian habitats and wetlands;
6. Discharges from potable water sources, except as set forth in subsection C of this
section;
7. Discharges from foundation drains when the system is designed to be located
above the groundwater table at all times of the year, and the system is only
expected to produce non-storm water discharges under unusual circumstances;
and
8. Discharges from footing drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is only expected
to produce non-storm water discharges under unusual circumstances.
Non-storm water discharges from the following categories are allowed if they are
addressed with BMPs. Otherwise, non-storm water discharges from the following
categories are illicit discharges:
1. Air conditioning condensation;
2. Individual residential vehicle washing
3. Flows from non-emergency fire fighting activities; and
4. Flows from emergency fire fighting activities.
The prohibition of discharges shall not apply to any discharge which the enforcement
official, the county health officer, the state or San Diego Regional Water Quality
Control Board, or U.S. Environmental Protection Agency determines in writing are
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necessary for the protection of the environment, water quality, and public health and
safety.
4. That Title 15, Section 15.12.080 of the Carlsbad Municipal Code is
amended to read as follows:
Storm Water Management Plan (SWMP). Any project issued a development permit
shall comply with all applicable best management practices and low impact
development (LID) requirements of the municipal code, standard urban storm water
mitigation plan (SUSMP) or BMP Design Manual, city standards and this code
including but not limited to the following:
1. All development permit applications for priority development projects shall be
accompanied by a SWMP prepared pursuant to the SUSMP or BMP Design
Manual. No development permit shall be approved or issued unless the
following requirements have been met:
a. The city engineer has approved the SWMP in accordance with the SUSMP or
BMP Design Manual; and
b. The development project complies with all best management practices
specified in the approved SWMP.
2. No development permit shall be issued for a priority development project
without ensuring that all structural treatment control best management
practices, as specified in the approved SWMP, will be maintained in compliance
with the requirements of the municipal permit, JRMP and SUSMP or BMP Design
Manual. To ensure maintenance of the structural treatment control best
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management practices, the owner of the development site shall enter into a
permanent storm water quality best management practices maintenance
agreement or provide an alternate maintenance mechanism as approved by the
enforcement official.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
gth day of June, 2015 and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 23rd day of June, 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
~4~·~
CELIA A. BREWER, City Attorney
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MATT HALL, Mayor
ATTEST:
PROOF OF PUBLICATION
{2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
June 18th, 2015
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 18TH, of June 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Summary of Ordinance Nos. CS-276, CS-277 and CS-278 per Government Code §36933(c)
Ordinances of the CitY Council of the ClfY of carlsbad, California to Amend the Carlsbad Munici-
pal Code Titles 6 and 15 for Compliance with the Up-dated National Pollutant Discharge Elimination System
(NPDES) Municipal Permit Requirements
On June 27, 2013, the San Diego Regional Water Quality Control Board (SDRWQCB) adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2013-0001 (Permit). The updated Permit applies to all18 San Diego cities, the County of San Diego, the San Diego Unified Port District, and the San Diego Regional Airport Authority. The areas of South Orange County and Riverside County, also
included in SDRWQCB's Region 9 jurisdiction, will be incorpo-rated into this Permit upan renewal of each expiring order.
The new Permit is are-issuance of the previous NPDES Munici-pal Permit Order No. R9-2007-0001, issued on Jan. 24, 2007. This Permit continues to implement many of the requirements of the
previous order; however, it is fundamentally centered on watershed-based program planning and program outcomes.
Ordinances CS-276, CS-277 and CS-278 are being proposed to
make several revisions to the Carlsbad Municipal Code in order to bring the Carlsbad Municipal Code into compliance with the new Permit. The revisions include modifications of definitions and inclusion of new requirements. The propased maior revi-sions to the various Titles and Chapters of the Carlsbad Munici-pal Code are as follows:
Title 06 Health and Sanitation, Chapter 06.08 Solid Waste 1. Section 06.08.010 is being revised to include clarification of the definitions for "bin", "cart' and "roll-oft box" to ensure that these solid waste containment devices ore capable of containing ali pollutants within them.
2. Section 06.08.010 is being revised to include a revision of the definition of •storm water• to provide consistency with other
Carlsbad Municipal Codes and the Permit.
Title 15 Grading and Drainage, Chapter 15.04 General Regula-
tions 1. Section 15.04.020 is being revised to include revisions and clarification to definitions to reflect language in the Permit.
Title 15 Grading and Drainage, Chapter 15.12 Storm Water
Management and Discharge Control l. Section 15.12.050 is being revised to include additional prohib-ited discharges as required by the Permit. Specifically, this in-cludes the prohibition of algaecides in POOl or fountain discharg-es and the discharge of saline swimming POOl water to the storm water conveyance system.
2. Section 15.12.055 is being revised to include and modify ex-emptions from discharge prohibitions as required by the Per-
mit.
3. Sections 15.12.080, 15.12.067, and 15.12.110 ore being revised to odd the title Best Management Practices (BMP) Design Man-
ual, which will replace the current Standard Urban Storm Water Mitigation Plan (SUSMPJ in December 2015, as required by the
Permit.
A certified copy of the full text of the propased ordinance is past-ed in the Office of the City Clerk, 1200 Carlsb(u:l Village Drive,
Carlsbad, CA 92008. pub: 6/18/15
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
July 01 st, 2015
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Summary of Ordinance Nos. CS-276, CS-277 and
CS-278 per Government Code §36933Cc)
Ordinances of the Cltv Council of the City of Carlsbad, California to Amend the Carlsbad Munici-pal Code Titles 6 and 15 for Compliance with the Up-dated National Pollutant Discharge Elimination System CNPDES) Municipal Permit Requirements
On June 27, 2013, the San Diego Regional Water Quality Control Board (SDRWQCB) adopted the National Pollutant Discharge
Elimination System (NPDESl Municipal Permit, Order No. R9-2013-0001 (Permit). The updated Permit applies to alll8 San
Diego cities, the County of San Diego, the San Diego Unified Port District, and the San Diego Regional Airport Authority. The areas of South Orange County and Riverside County, also included in SDRWQCB's Region 9 jurisdiction, will be incorpo-rated into this Permit upon renewal of each expiring order.
The new Permit is a· re-issuance of the previous NPDES Munici-pal Permit Order No. R9-2007-0001, issued on Jan. 24, 2007. This Permit continues to implement many of the requirements of the previous order; however, it is fundamentally centered on watershed-based program planning and program outcomes.
Ordinances CS-276, CS-277 and CS-278 are being proposed to
make several revisions to the Carlsbad Municipal Code in order to bring the Carlsbad Municipal Code into compliance with the
new Permit. The revisions include modifications of definitions and inclusion of new requirements. The proposed major revi-
sions to the various Titles and Chapters of the Carlsbad Munici-pal Code are as follows:
Title 06 Health and Sanitation, Chapter 06.08 Solid Waste
1. Section 06.08.010 is being revised to include clarification of the definitions for "bin", •cart• and "roll-off box• to ensure that these solid waste containment devices are capable of containing all pollutants within them.
2. Section 06.08.010 is being revised to include a revision of the definition of •storm water" to provide consistency with other Carlsbad Municipal Codes and the Permit.
Title 15 Grading and Drainage, Chapter 15.04 General Regula-tions
1. Section 15.04.020 is being revised to include revisions and clarification to definitions to reflect language in the Permit.
_______________________________ Title 15 Grading and Drainage, Chapter 15.12 Storm Water 1-----
~ Management and Discharge Control I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 01 st, of July 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
1. Section 15.12.050 is being revised to include additional prohib-ited discharges as required by 'he Permit. Specifically, this in-cludes the prohibition of algaecides in pool or fountain discharg-
es and the discharge of saline swimming pool water to the storm water conveyance system.
2. Section 15.12.055 is being revised to include and modifY ex-emptions from discharge prohibitions as required by the Per-mit.
3. Sections 15.12.080, 15.12.067, and 15.12.110 are being revised to add the title Best Management Practices (BMP) Design Man-ual, which will replace the current Standard Urban Storm Water Mitigation Plan (SUSMP) in December 2015, as required by the Permit.
A certified copy of the full text of the propased ordinance is past-ed in the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California, on the 23rd day of June, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None.