Article II — Discharge Regulations and Requirements

A.

Except for those discharges described in subsection B of this section, the discharge of nonstormwater discharges to the waters of the United States or to the county stormdrain system is prohibited.

B.

Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection A of this section:

1.

The prohibition of discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

2.

Discharges from the following activities will not be considered a source of pollutants to the waters of the United States or to the county stormdrain system and are therefore not subject to the illegal discharge provisions of this chapter, provided that they are properly managed: waterline flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate stormdrains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensate, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool

discharges or flows from fire fighting, accordingly are not subject to the prohibition of discharges. Notwithstanding the listing of these exceptions to the prohibition against illegal discharging, several of the activities mentioned are subject to other rules, regulations, ordinances, and procedures of the county and of other public agencies, and as such, may not be allowed for a particular development.

(Ord. 2005-61 § 1 (part))

Any discharge that would result in or contribute to a violation of the county NPDES permit (this permit is available for viewing at the county public works agency building, 399 Elmhurst Street, Hayward, California) and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited.

Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the county in any administrative or judicial enforcement action relating to such discharge.

(Ord. 2005-61 § 1 (part))

A.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the county stormdrain system, and to commence or continue any illicit discharges to the to the county stormdrain system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

B.

Any person responsible for a property or premise that is, or that could be, the source of an illicit discharge may be required to implement, at no cost to the county and at the direction of an authorized enforcement officer, BMPs to prevent the further discharge of pollutants to the county stormdrain system or the waters of the United States.

C.

Any authorized enforcement officer may, without prior notice, suspend discharge access to the county stormdrain system or the waters of the United States to a person when such suspension is necessary to stop an actual or a threatened discharge that presents or may present an imminent and substantial danger to the environment; or to the health or welfare of persons, or to the county stormdrain system or the waters of the United States. If any person fails to comply with such an order to suspend, the authorized enforcement officer may take such steps as deemed necessary to prevent or minimize the damage to the county stormdrain system or the waters of the United States, and/or to minimize the danger to persons.

D.

Any person discharging to the county stormdrain system or to the waters of the United States in violation of this chapter may have their discharge access terminated if such termination would abate or reduce an illicit discharge. The director of public works shall notify the violator in writing of the proposed termination of the said access; the violator may appeal this notice of termination in accordance with the provisions of Section 13.08.230. Following the issuance of a notice of termination, any person reinstating discharge access without the prior approval, of the director shall be guilty of a misdemeanor in accordance with the provisions of Section 13.08.120 of this chapter.

(Ord. 2005-61 § 1 (part))

A.

With the following exceptions, all discharges of stormwater to the waters of the United States or to the county stormdrain system by means of a stormwater facility shall be authorized by means of a county stormwater permit issued in accordance with the provisions of Article IV of this chapter:

1.

Incidental surface runoff of stormwater conveyed outside of a stormwater facility. Such runoff may nonetheless be subject to other ordinances, rules, or regulations pertaining to the control of erosion and sedimentation, public safety, or the protection of the public way.

2.

Those discharges described in Section 13.08.070(B)(2) of this chapter. Such discharges may nonetheless be subject to other rules, regulations, ordinances, and procedures of the county and of other agencies.

B.

Connections in a public roadway, maintained by the county, of stormdrain laterals, pipes, inlets, sub drains, sidewalk drains, ditches, swales, or any other facilities intended to convey stormwater from the premises to the roadway drainage systems must also be authorized by a roadway encroachment permit issued in accordance with the provisions of Chapter 12.08 of the general ordinance code. Similar connections intended to convey stormwater to drainage systems in public roadways maintained by the state (Caltrans) or by incorporated cities must be authorized by encroachment permits issued by those entities.

C.

Connections of stormdrain laterals, pipes, subdrains, ditches, swales, or any other facilities intended to convey stormwater to privately-owned watercourses that are subject to the requirements of Chapter 13.12 of this title must also be authorized by a county watercourse permit issued in accordance with the permit provisions of that chapter.

D.

Connections of stormdrain laterals, pipes, or other facilities intended to convey stormwater to the right-ofway of the flood control district must also be authorized by a district permit issued in accordance with the

permit regulations of the district.

(Ord. 2005-61 § 1 (part))

Any person engaged in activities that could result in pollutants entering the waters of the United States or the county stormdrain system shall undertake all practicable measures to reduce or eliminate such pollutants. Examples of such activities include ownership and use of buildings, structures, facilities, or premises that could be a source of pollutants such as parking lots, gasoline stations, industrial facilities, stores fronting roadways, etc. The following minimum requirements shall apply:

A.

Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any portion of the county stormdrain system, or in any roadway, sidewalk, stormdrain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the county, so that the same might be or become a pollutant, except into approved and designated containers or in lawfully established waste disposal facilities.

The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the county adjacent to a paved public sidewalk shall maintain the said sidewalk free of dirt and litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the roadway gutter or pavement, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

No person shall throw or deposit litter in any fountain, pond, lake, stream, wetland, or any other watercourse or flood control facility in a park or elsewhere within the county.

B.

Standard for Parking Lots and Similar Structures. Persons owning or operating a paved parking lot, gas station pavement, paved private roadway, or similar structure, shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the waters of the United States or the county stormdrain system.

C.

Best Management Practices for New Developments and Redevelopments. The director of public works shall have the authority to prepare and enforce policies and procedures establishing design, construction, and installation of post-construction stormwater quality controls at new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants and to protect the county stormdrain system, all in accordance with the provisions of the NPDES permit.

D.

SWPPP for Construction Sites. The director of public works may require of any construction contractor planning to perform work under any permit issued by the director under the regulations of this chapter or of

Chapters 13.12, 15.08, 15.16, or 15.36 of the general ordinance code, the submittal of a stormwater pollution prevention plan (SWPPP), prior to issuance of the said permit. Any such plan shall be subject to monitoring and inspection by the director, under the provisions of this chapter, at any time during the life of the permit.

E.

Notification of Intent and Compliance with General NPDES Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any General NPDES permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by the said NPDES permit applicable to such discharges, regardless of the applicability of Section 13.08.095 and Article IV to the said discharges.

In the same manner, each discharger identified in a Municipal NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the NPDES permit, regardless of the applicability of Section 13.08.095 and Article IV to the said discharges.

F.

Compliance with Best Management Practices. Where best management practices, control measures, pollution prevention strategies, guidelines, or requirements have been adopted, by the county or by any other public agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of nonstormwater to the waters of the United States or the county stormdrain system, every person undertaking such activity or operation, or owning, operating, or constructing such facility shall comply with the guidelines or requirements as may be identified to him by the director of public works. The director shall have the authority to prepare and enforce policies, procedures, and other requirements based upon the implementation of best management practices, control measures, and pollution prevention strategies intended to protect the waters of the United States and/or the county stormdrain system during the construction, modification, renovation, or removal of any building, structure, or other facility that is subject to permitting under the regulations of the general ordinance code, including permitting by the director and permitting by the building official.

(Ord. 2005-61 § 1 (part))

(Ord. No. 2019-19, § 2, 6-4-19)