a. Authorization to Adopt and Impose BMPs. The City shall adopt by resolution requirements identifying BMPs for any activity, operation, or facility, which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the State or of the United States. Where BMPs 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 waters of the State or of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

b. New Development and Redevelopment. The City shall adopt by resolution requirements identifying appropriate BMPs to control the volume, rate, flow-duration and potential pollutant load of storm water runoff from new development and redevelopment projects that disturb one (1) acre or more, including projects less than one (1) acre that are part of a larger common plan of development or sale, as may be appropriate to minimize the generation, transport and discharge of pollutants or that may be needed to comply with any successor permit or amendment to the Municipal Storm Water Permit. The City shall incorporate such 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 by the City.

c. Responsibility to Implement BMPs. Notwithstanding the presence or absence of requirements promulgated pursuant to paragraphs a. and b., 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 State or of the United States shall implement BMPs to the extent they are technologically achievable and/or required by any applicable permit or regulatory requirement 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 City 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. (Ord. #2006-126, S14.150)