Chapter 13.08 — STORMWATER MANAGEMENT AND DISCHARGE CONTROL Article I - General Provisions

This chapter shall be known as the county of Alameda stormwater management and discharge control ordinance and may be so cited.

(Ord. 2005-61 § 1 (part))

The purpose and intent of this chapter is to reduce or eliminate the pollution of receiving waters, including creeks and the San Francisco Bay, and to protect and enhance the water quality in county water bodies, including watercourses, wetlands, creeks, and flood control facilities, in a manner pursuant to and consistent with the Federal Clean Water Act, the State Porter/Cologne Act, and the county NPDES permit, by:

A.

Reducing and eliminating illegal or illicit non-storm discharges to the waters of the U.S., the county stormdrain system, the creeks, and the bay from construction activities, county maintenance operations, industrial and commercial activities, new development, redevelopment, and other activities, through inspection, monitoring, and complaint response;

B.

Controlling the discharge to the county stormdrain system, the creeks, and the bay from spills, dumping or disposal of materials other than stormwater or other legal discharges;

C.

Reducing pollutants in stormwater discharges to the maximum extent practicable;

D.

Regulating the design and construction of permanent post-development stormwater quality measures and controls, including the application of site design, source control, stormwater treatment, and hydromodification management, through the provisions of this chapter and of other county ordinances, rules, regulations, and procedures;

E.

Inspecting, monitoring, and regulating pollution prevention measures during construction; and

F.

Establishing legal authority to perform all reviewing, inspection, surveillance, and monitoring activities necessary to ensure compliance with this chapter.

(Ord. 2005-61 § 1 (part))

A.

Except for those terms amended for use in this chapter as described in Section 13.08.030(B), any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definitions of the following terms included in that statute or regulations, as now applicable or as may hereafter be amended, are hereby incorporated by reference; "discharge," "discharge of a pollutant," "indirect discharger," "pollutant," "publicly owned treatment works," and "stormwater." These terms presently are defined as follows:

"Discharge" when used without qualification means the "discharge of a pollutant."

"Discharge of a pollutant" means:

1.

Any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source;" or

2.

Any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

This definition includes additions of pollutants into "waters of the United States" from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any "indirect discharger."

"Indirect discharger" means a nondomestic discharger introducing "pollutants" to a "publicly owned treatment works."

"Pollutant" means soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. It does not mean:

Sewage from vessels; or

2.

Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well is used either to facilitate production or for disposal purposes is approved by the state in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources.

"Publicly owned treatment works or POTW" means a treatment works as defined by Section 212 of the Act, which is owned by a State or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

"Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage.

B.

When used in this chapter, the following words shall have the meanings ascribed to them in this section:

"Authorized enforcement officer" means the director of public works. In accordance with prescribed procedures, the director of public works may appoint such number of technical officers, inspectors, and other employees as required to perform the tasks described in this chapter. The director of public works shall have the authority to deputize such officers, inspectors, or employees as may be necessary to enforce the regulations, requirements, and other provisions of this chapter.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, management practices, the installation of stormwater pollution prevention features and measures, and the construction of post-construction or permanent "site design," "source control," "treatment," or "hydromodification" facilities to prevent or reduce the discharge of pollutants directly or indirectly to the "waters of the United States." BMPs also include 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. The implementation of certain BMPs may be required by the director of public works as a condition or conditions of a county stormwater permit or of a stormwater pollution prevention plan.

"Clean Water Act (CWA)" means Public Law 92-500, as amended, 33 U.S.C. 1251 et seq.

"Commercial/industrial activity" means any activities conducted in conjunction with the operation of a commercial or industrial business.

"Construction activity" means those activities that are subject to regulation by the county under the requirements of the county NPDES permit.

"County" means the county of Alameda.

"County stormdrain system" means those facilities within the county by which stormwater may be conveyed from private property to the "waters of the United States," including flood control facilities, roadway drainage systems, creeks, and other drainage facilities owned and maintained by the county or under the jurisdiction of the county that are not part of a "publicly owned treatment works."

"County stormwater permit" means a permit, issued in accordance with the provisions of Article IV of this chapter, regulating the construction, alteration, removal, replacement, or modification of stormwater quality and drainage facilities on private property.

"Creek" means any natural or improved channel, pond, conduit, or other facility or topographical feature through which water flows continuously or intermittently in a definite direction and course or that is used for the holding, delay, or storage of water. "Flood control channels" are those channels owned and maintained by the "flood control district."

"Development" for the purposes of County Code Section 13.08 means the creation or replacement of five thousand (5,000) square feet or more of impervious surfaces, or less than five thousand (5,000) square feet if part of a larger plan of development or sale. Impervious surfaces include but are not limited to buildings, foundations, rooftops, roadways, driveways, patios, ramps, parking lots.

"Director of public works" means the director of the Alameda County public works agency.

"Facility" means a building, structure, site, complex, or portion thereof, that is built, altered, improved, or otherwise developed for a particular purpose. See "Stormwater facility."

"Flood control district" means the Alameda County flood control and water conservation district.

"General ordinance code" means the Alameda County general ordinance code.

"Hydromodification management (HM)" means the application of measures to control the duration and flow rate of post-construction runoff so as to preclude or reduce the negative impact of such runoff to natural creek channels.

"Illicit discharge," or "nonstormwater discharge" means any discharge to the county stormdrain system that is not composed entirely of stormwater, except for those discharges exempted by the provisions of Section 13.08.070(B).

"Industrial/commercial activity" see "Commercial/industrial activity."

"Non-point source discharge" means a discharge of nonstormwater or polluted stormwater, the source of which is other than a discharge pipe from an industrial or manufacturing process.

"Nonstormwater discharge;" see "Illicit discharge."

"NPDES municipal stormwater permit" means a municipal National Pollutant Discharge Elimination System permit issued by the state to a discharger under the provisions of the Federal Clean Water Act and the State Porter/Cologne Act, and all revisions amendments, and reissuances thereof.

"Permanent stormwater quality controls" or "post-construction stormwater quality controls" means a system or facility designed and installed to remove or reduce pollutants from stormwater or to control the flow rate or volume of stormwater runoff prior to conveying the stormwater to the county stormdrain system or the waters of the United States. Permanent stormwater quality controls can include "site design," "source control," "stormwater treatment," or "hydromodification management" features or designs.

"Permit" see "NPDES permit" and "County stormwater permit."

"Person" means a natural person, firm, partnership, association, organization, company, or corporation.

"Premises" means any privately-owned building, lot, parcel, real estate, or land or portion of land whether improved or unimproved.

"Sampling" means the sampling of stormwater for the purpose of performing tests of water quality and suitability for discharge to the county stormdrain system or to the "waters of the United States."

"Site design" means those measures applied to the design of buildings, structures, and the premises to limit or reduce the amount of permanent impervious surface area associated with construction or reconstruction of a property.

"Source control" means those measures applied to the design of buildings, structures, and the premises to eliminate or reduce the introduction of pollutants to stormwater.

"Stormwater facility" means any drainage conveyance features existing or proposed on the premises, including but not limited to pipes, inlets, swales, v-ditches, basins, natural waterways, permanent stormwater quality controls, and temporary construction-related drainage facilities.

"Stormwater permit;" see "County stormwater permit" and NDPES stormwater permit.

"Treatment" means the removal of pollutants from stormwater through filtration or other means.

"Watercourses" means those creeks that are subject to regulation by the county under the provisions of Chapter 13.12 of this title.

(Ord. 2005-61 § 1 (part))

This chapter shall be administered for the county by the director of public works.

(Ord. 2005-61 § 1 (part))

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act, the county NPDES permit, and all implementing regulations, procedures, and rules adopted by the county and by other public agencies.

In case of conflict between the provisions of this chapter and those of the county building or plumbing codes (Chapters 15.08 and 15.16, respectively, of Title 15 of the general ordinance code), the building and

plumbing code provisions shall prevail.

If any section, subsection, sentence, clause, or phrase of this Chapter 13.08 is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the county as stipulated by statutes, or otherwise inoperative, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 2005-61 § 1 (part))

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking then pursuant to the chapter the county board of supervisors may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as state in Section 13.08.020 of this article.

(Ord. 2005-61 § 1 (part))