SEC. 13-500. TITLE:
This part shall be known as the "City of Stockton Grading and Erosion Control Ordinance" and may be so cited.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-501. PURPOSE AND INTENT:
This part establishes uniform requirements for protecting and enhancing the water quality of our watercourses, water bodies, and wetlands in a manner 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 citizens of the City of Stockton by establishing requirements for:
A. Clearing and grubbing, grading, filling and excavation of land to minimize damage to surrounding property, public right-of-way, and degradation of water quality;
B. Controlling the discharge of sediments and pollutant runoff from construction related activities to municipal separate storm drains; and
C. Reducing pollutants in storm water discharges to the maximum extent practicable.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-502. DEFINITIONS:
A. The following words and phrases, when used in this part, shall have the following meanings:
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) or RWQCB.
3. AUTHORIZED ENFORCEMENT OFFICER. Those individuals designated by the Director to enforce the provisions of this part.
4. 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.
5. CALIFORNIA BMP HANDBOOKS. California Storm Water Best Management Practice Handbooks, produced and published by the Storm Water Quality Task Force. The set consists of three individual handbooks to provide guidance for selecting and implementing BMPs for construction activities, industrial/commercial activities, and municipal activities.
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. CFR. Code of Federal Regulations.
8. CITY. The City of Stockton.
9. 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.
10. CLEARING AND GRUBBING. Moving or removing by manual or mechanical means trees, vegetation and/or, the top four (4) inches, or greater, of soil.
11. COLLECTION SYSTEM. The combined pipes, conduits, maintenance holes, and other structures either above or underground, primarily used to convey storm water.
12. CONSTRUCTION SITE. Any land area on which the activity of construction, clearing and grubbing, grading, excavating, or filling is occurring.
13. CVRWQCB. Central Valley Regional Water Quality Control Board.
14. DIRECTOR. The City Manager of the City of Stockton or such person designated by the City Manager.
15. DISCHARGE OF A POLLUTANT. Any addition of any pollutant to navigable waters from any point source, or 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.
16. EROSION CONTROL MEASURES. Seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering and other measures which control the movement of the ground surface or soil.
17. 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.
18. NON STORM WATER DISCHARGE. Any discharge that is not entirely composed of storm water.
19. 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.
20. OUTFALL. The point at which the City storm drainage system discharges to the waters of the state.
21. PERMIT HOLDER. The Person, firm, corporation, partnership, or association that is issued a permit pursuant to this ordinance.
22. PERSON. Any natural person, corporation, or association or other entity.
23. POINT OF DISCHARGE. The point at which any private drainage, concentrated, or sheet flow enters the City storm drainage system.
24. 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.
25. 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.
26. SEDIMENT. Soil or earth material deposited by water.
27. SEDIMENT CONTROL MEASURES. Dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, slope drains, swales, berms, drains, check dams, and other measures which control the deposit of soil or earth material.
28. STATE. The State of California.
29. STORM WATER. Storm water runoff, snow melt runoff, and surface runoff and drainage.
30. STORM WATER POLLUTION PREVENTION PLAN (SWPPP). The report required by the CVRWQCB 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.
31. USER. Any person who contributes, causes, or permits the contribution of storm water to the City storm drainage system.
32. 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 drainage or directly to surface waters.
33. WATERCOURSE. A river, stream, creek, basin, lake, pond, waterway, or channel, natural or man-made, having a defined bed and banks. Whenever a watercourse consists of an ordinary channel, and in addition thereto, an overflow channel, the watercourse shall be deemed to include all property lying between the banks of the overflow
channel.
34. WETLANDS. Areas that are inundated or saturated by surface or ground water at a frequency sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs and marshes.
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.
C. Any terms used herein that are contained in the California Building Code, Appendix J, as referenced in Stockton Municipal Code Section 14-100 shall have those meanings as defined therein.
(Amended by Ordinance 026-07 – Effective December 27, 2007) (Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-503. RESPONSIBILITY FOR ADMINISTRATION:
This part shall be administered by the City Manager of the City of Stockton or such person designated by the City Manager who shall be referred to herein as the "Director."
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-504. 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 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, 13, 14, and 16. All dischargers who are required to file a Notice of Intent (NOI), under the provisions of the National Pollutant Discharge Elimination System (NPDES) , State Water Resources Control Board Order Number 92-08-DWQ, shall develop and implement a Storm Water Pollution Prevention Plan (SWPPP), a monitoring program, and a reporting plan as required by the Federal Clean Water Act and implementing regulations promulgated by the U.S. Environmental Protection Agency. During construction, construction activities shall be designed and conducted to minimize runoff of sediment and all other pollutants onto public properties, other private properties and into the waters of the United States.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
SEC. 13-505. FEES.
The City Council shall adopt a fee by resolution, for the Grading and Erosion Control Permit.
(Added by Ordinance 005-97C.S. — Effective July 1, 1997)
Stockton, CA 
