Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part VIII
STORM WATER MANAGEMENT AND DISCHARGE CONTROL

Division I
General Provisions

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SEC. 7-800. TITLE:
This part shall be known as the "City of Stockton Storm Water Management and Discharge Control Ordinance" and may be so cited.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)

SEC. 7-801. PURPOSE AND INTENT:
This establishes uniform requirements for protecting and enhancing the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the federal Clean Water Act. This part is also intended to promote the future health, safety, general welfare, and protection of property of the City of Stockton citizens by establishing requirements for:
A. Operating and maintaining the municipal storm water system.
B. Eliminating nonstorm, water discharges to the municipal separate storm drain.
C. Controlling the discharge to municipal separate storm drains from spills, dumping, or disposal of materials other than storm water.
D. Reducing pollutants in storm water discharges to the maximum extent practicable.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)

SEC. 7-802. DEFINITIONS:
A. The following words, when used in this part, shall have the meanings as ascribed below:
1. "Act" — The federal Water Pollution Control Act, including any amendments thereto, referred to as the Clean Water Act or CWA.
2. "Approval authority" — The State of California Central Valley Regional Water Quality Control Board (Region 5) (also "RWQCB").
3. "Authorized enforcement officer" — The Director of Municipal Utilities and those individuals designated by the Director to enforce the provisions of this Part.
4. "Authorized representative of industrial activity" — An authorized representative of an industrial user may include, but is not limited to, the following persons:
(a) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
(c) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the discharge originates.
5. "Best Management Practices ("BMPs")" — Any program, technology, process, siting criteria, operating method, measure, device, schedule of activities, prohibition, practice (including, but not limited to, general housekeeping practices and pollution prevention practices), procedure or other management policy which controls, prevents, removes, or reduces the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include plans addressing the treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
6. "California General Construction Activities Storm Water Permit" — The general permit as adopted by the California State Water Resource Control Board for the permitting of storm water discharges associated with construction activities.
7. "California General Industrial Activities Storm Water Permit" — The general permit as adopted by the California State Water Resource Control Board for the permitting of storm water discharges associated with given industrial activities.
8. "Certificate of Exemption (COE)" — Written notification from the City certifying that a discharger has developed and implemented an effective Storm Water Pollution Prevention Plan, and is exempted from sampling requirements.
9. "CFR" — Code of Federal Regulations.
10. "City" — The City of Stockton.
11. "City storm drainage system" — Includes, but is not limited to, those facilities owned and operated by the City through which storm water may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains which are not part of a publicly-owned treatment works ("POTW") as defined at 40 Code of Federal Regulations Section 122.2 and all conduits, pumping plants, collection facilities, and other appurtenances owned and operated by the City of Stockton for carrying, collecting, pumping, and/or disposing of storm water, surface water, groundwater, roof runoff, or other unpolluted water.
12. "Collection system" — The combined pipes, conduits, maintenance holes, and other structures either above or underground, primarily used to convey storm water.
13. "Commercial Customer Class" — Includes all land use parcels not identified in the Residential Class, Industrial Class, and Institutional Class.
14. "Composite sample" — The sample resulting from a combination of individual samples taken at selected intervals based on increments of flow or time.
15. "Condition of Acceptance (COA)" — Written notification from the control authority indicating the conditional acceptance of an industry's or other designated facility's storm water discharge to the City storm drainage system.
16. "Control authority" — The Director of the City of Stockton Municipal Utilities Department or the Director's duly appointed representative.
17. "Cooling water" — The water discharged from any uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
18. "Co-permittees" — Co-applicants on an NPDES application.
19. "Density development factor" — The average percent impervious coverage for parcels in a given custom class.
20. "Director" - The Director of the City of Stockton Municipal Utilities Department.
21. "Discharge of a pollutant" — (i) Any addition of any pollutant to navigable waters from any point source, or (ii) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
22. "Equivalent Residential Unit ("ERU")" — The total amount of impervious area for all residential parcels in the service area divided by the total number of residential units.
23. "Facility" — Any nonresidential premises.
24. "Illicit discharge" — Any discharge to the City storm drainage system that is not composed entirely of storm water except discharges, pursuant to a NPDES permit, and discharges expressly exempted elsewhere in this Part.
25. "Impervious area" — The portion of a parcel which is covered by pavement or contains other hard surfaces such as concrete walkways, buildings, roofs, etc., which causes or facilitates storm water runoff.
26. "Industrial activity" — Any activity that involves manufacturing, processing, or raw materials storage areas. Further definition of activities covered is given in 40 Code of Federal Regulations Section 122.26(b).
27. "Inspector" — An authorized enforcement officer as defined above.
28. "Institutional Customer Class" — Includes private/public schools, junior colleges, colleges/universities, cemeteries, hospitals (not in commercially zoned property), garden and agriculturally zoned property, and public land agencies.
29. "Level 1 Priority — Industrial Facilities" — Municipal landfills, hazardous waste treatment, disposal, and recovery facilities, industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system.
30. "National Pollution Discharge Elimination System ("NPDES") permit" — A permit issued by the approval authority pursuant to the Act which authorizes discharges to the waters of the state from the City storm drainage system.
31. "Nonresidential Customer Class" — Includes all other classes of land use identified in the Code, further classified as commercial, industrial, and institutional for storm water purposes.
32. "Nonstorm water discharge" — Any discharge that is not entirely composed of storm water.
33. "Notice of Intent ("NOI")" — The formal notification to the State Water Resources Control Board by the applicant that either a construction or industrial activity will occur in compliance with the conditions of the general permit and thereby commits the applicant to prepare and implement a Storm Water Pollution Prevention Plan.
34. "Outfall" — The point at which the City storm drainage system discharges to the waters of the State.
35. "Person"— Any natural person, corporation, or association or other entity.
36. "Point of discharge" — The point at which any private drainage, concentrated, or sheet flow enters the City storm drainage system.
37. "Pollutant" — Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
38. "Premises" — Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips or other surface area which is capable of contributing runoff to the City storm drainage system.
39. "Priority Industrial Facility ("PIF")" — An industry required to file an NOI in accordance with the California General Industrial Activities Storm Water Permit.
40. "Rate structure" — The method, or formula, used to calculate the service charge for each customer class.
41. "Residential Customer Class" — Includes all single-family, two-family, apartments, and townhouse land use parcels identified in the Stockton Municipal Code.
42. "Standard Industrial Classification ("SIC")" — The standardized classification of all industrial users by their primary processes, products, or services as set forth in the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of this Ordinance and as amended from time to time thereafter.
43. "State" — The State of California.
44. "Storm water" — Storm water runoff, snow melt runoff, and surface runoff and drainage.
45. "Storm Water Pollution Prevention Plan ("SWPPP")" — The report required by the control authority of storm water dischargers which sets forth the site map, identifies the activities that have the potential to pollute storm water which may enter the City storm drainage system, and describes the proposed BMPs to be implemented by the discharger.
46. "User" — Any person who contributes, causes, or permits the contribution of storm water to the City storm drainage system.
47. "Unpolluted water" — Water to which no pollutant has been intentionally or accidentally introduced so as to render such water Unacceptable to the City for disposal to storm or natural drainages or directly to surface waters.
48. "User classification" — A classification of user based on the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of this Ordinance and as amended from time to time thereafter.
49. "Waters of the State" — All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
B. Any terms defined in the federal Clean Water Act and any acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990, and as thereafter amended from time to time and which are not specifically defined in Subsection A of this Section shall, when used in this Part, have the same meaning as set forth in said act or regulation.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)

SEC. 7-803. RESPONSIBILITY FOR ADMINISTRATION:
This Part shall be administered by the Director of the Municipal Utilities Department for the City of Stockton.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)

SEC. 7-804. CONSTRUCTION AND APPLICATION:
The rules and regulations set forth in this Part shall be construed in a manner consistent with and shall in no way be construed in such a manner so as to diminish the authority of the requirements of the federal Water Pollution Control Act and any amendments thereto, referred to as the Clean Water Act, and any amendments or supplements thereto and its applicable implementing regulations; the City of Stockton NPDES permit and any amendment, revision, or reissuance thereof; and all other provisions contained in the Stockton Municipal Code, particularly, those in Chapters 1, 5, 7, 10, 14, and 16.
(Added by Ordinance 013-95 C.S. — Effective date July 26, 1995)