Article II — Permit Procedures

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the director of public works:

A.

Discharge into or connect any pipe or channel to a watercourse;

B.

Modify the natural flow of water in a watercourse;

C.

Carry out development within a setback, as defined in Article V of this chapter;

D.

Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

E.

Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

F.

Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through said watercourse.

(Prior gen. code § 7-201.0)

The intent of this chapter is to safeguard watercourses. A permit shall not be granted where, in the opinion of the director of public works, a proposed activity in or adjacent to a watercourse could result in disposal or deposition of oils, chemicals, poisons, trash, or other materials harmful to said watercourse.

(Prior gen. code § 7-201.1)

Nothing contained herein shall in any way supersede, void or preempt requirements of District Ordinance No. 34 (Alameda County Ordinance No. 441 N.S.). Said ordinance includes permit requirements for activities in district-owned rights-of-way or facilities.

(Prior gen. code § 7-201.2)

Nothing contained herein shall in any way supersede, void or preempt requirements of other governmental agencies, including federal, state, and local agencies, in regard to activities affecting watercourses. Also, the requirements of this chapter are not intended to duplicate the requirements of another agency. if, in the opinion of the director of public works, the requirements of this chapter will be substantially met by conditions prescribed by a permit granted by another agency, the director of public works may waive the permit requirements of this chapter. Any violation, however, of the requirements of this chapter, regardless of whether such violation may have occurred under provisions of another permit, may be subject to enforcement procedures and penalties prescribed by this chapter.

(Prior gen. code § 7-201.3)

Permit applications shall be filed with the director of public works on forms furnished by his office. A schedule of fees and costs and a list of requirements and instructions shall be furnished each applicant. The director of public works may require any additional information he considers necessary to establish the identity of the applicant, the location of the project site, details concerning the proposed project, a timetable of proposed activities, existing site conditions, and anticipated site conditions following the

proposed activities. An application shall be accepted as complete upon receipt of all required information and payment of fees.

(Prior gen. code § 7-201.4)

A.

In issuing a permit, the director of public works may prescribe conditions reasonably necessary to safeguard the effected watercourse pursuant to provisions of this chapter. Noncompliance with said conditions is deemed a violation of this chapter.

B.

A permit may be issued for any reasonable term and may be renewed if good cause therefor is shown. A written request for renewal shall be submitted to the director of public works who may require a new application and required fees, considering the time between the expiration date and the renewal request, revisions in county regulations, or changed circumstances in the immediate area of the site. Any revised plan shall be submitted to the director of public works for review, and any costs thereof shall be at the applicant's expense.

C.

If a proposed activity could significantly affect the physical characteristics of a watercourse in another jurisdiction such as an incorporated city or an adjoining county, or could result in disposal or deposition of a foreign material in a watercourse upstream from such jurisdiction, that jurisdiction shall be notified prior to issuing a permit.

(Prior gen. code § 7-201.5)

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from the date of issuance unless a different period is provided in the permit. Failure to begin said work or use on time or to prosecute it diligently shall be deemed a violation of this chapter.

(Prior gen. code § 7-201.6)

The issuance, denial, cancellation, or conditioning of a permit pursuant to this chapter may, within fifteen (15) calendar days of such action, be appealed in writing by any person to the board. An appeal shall set forth the grounds therefor, the work proposed to be done and the method of accomplishing said work, together with sufficient factual, engineering and technical data to set forth the basis and the reasons for the appeal. Board shall make a final interpretation of requirements and shall announce its decision within thirty (30) calendar days after receipt of said written appeal.

(Prior gen. code § 7-201.7)

A.

Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of a permit hereunder serve to impose any liability upon the county, the district, a city, a special district, or its officers or employees, for injury or damage to persons or property. A permit issued pursuant to this chapter does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other public agency, ordinance, directive or law.

B.

It shall be the responsibility of any person whose operation may result in discharge into a watercourse to comply with applicable federal, state and local water quality standards and regulations.

(Prior gen. code § 7-201.8)

A.

The schedule of fees and costs shall be those established and adopted by the board from time to time by resolution. Before a permit is issued, the applicant shall deposit with the director of public works cash or a certified or cashier's check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, and necessary inspection or other work, all in accordance with schedules established and adopted by the board.

B.

No fee shall be required of public agencies.

C.

Public utilities may, at the option of the director of public works, make payment as billed by the director of public works instead of in advance.

D.

If, upon completion of any work under a permit there remains any excess of deposit or of fees or charges, the director of public works shall certify the same to the auditor for refund to the permittee or refund the same from any trust fund established under his jurisdiction for such purposes.

E.

If, upon completion of any work under a permit there is an insufficient deposit to cover the district's cost, the director of public works may require the permittee to reimburse the district in an amount equal to the cost deficit.

(Prior gen. code § 7-201.9)

The following activities are exempted from the provisions of this article except as provided herein:

A.

Agricultural operations, as long as these activities do not significantly pollute or damage watercourses or cause excessive erosion of banks and deposition of sediments in watercourses thereby requiring abatement measures and imposing cost burdens on the district and its taxpayers;

B.

Work within a public roadway right-of-way, where said public roadway right-of-way crosses a watercourse. The affected jurisdiction shall advise the district of details and schedule for such work;

C.

Minor or routine maintenance work performed by a property owner or his tenant on a watercourse flowing through his property pursuant to Section 13.12.060 of this chapter. Said maintenance work shall be limited to pruning and removal of excessive vegetation and removal of trash and debris;

D.

Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the director of public works promptly of the problem and work required and shall apply for a permit therefor within ten calendar days after commencing said work;

E.

The director of public works may, at his discretion, exempt the permit requirements of this article when an Alameda County grading permit has been obtained and all applicable requirements of this chapter have been satisfied.

(Prior gen. code § 7-201.10)

The director of public works may inspect any work done pursuant to a permit under this chapter. No permittee shall be deemed to have complied with this chapter until a final inspection of the work has been made by the director of public works and he has certified in writing that the work has been completed in accordance with all requirements and conditions of the permit.

(Prior gen. code § 7-201.11)

At the discretion of the director of public works, a permit may be withheld until the applicant has posted security in an amount satisfactory to the director of public works for the faithful performance of the work or the cost of removing the work or otherwise reconstructing or restoring a watercourse to conditions existing prior to such work in the event of default on the part of permittee. Said security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this state.

(Prior gen. code § 7-201.12)

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, voluntarily or by operation of law, without the express consent of the director of public works.

(Prior gen. code § 7-201.13)