Alameda Municipal Code § 18-21 Title, Purpose and General Provisions

This article shall be known as the "Storm Water Management and Discharge Control Ordinance of the City of Alameda" and may be so cited.

(Ord. No. 2605 N.S. § 2)

The purpose of this article is to ensure the future health, safety, and general welfare of City of Alameda citizens by:

a. Eliminating non-storm water discharges to the municipal separate storm sewer.

b. Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than storm water.

c. Reducing pollutants in storm water discharges to the maximum extent practicable.

The intent of this article is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Ord. No. 2605 N.S. § 2)

Except where the context otherwise requires, the definitions given in the following sections govern the construction of this article.

a. Any terms defined in the Federal Clean Water Act and 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 (as may from time to time be amended) as used in this article shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms presently are defined as follows:

1. Discharge (a) shall mean any addition of any pollutant to navigable waters from any point source, or (b) 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.

2. Illicit discharge shall mean any discharge to the City storm sewer system that is not composed entirely of storm water except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit and discharges resulting from fire fighting activities.

3. Pollutant shall mean dredged soil, 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.

4. Storm water shall mean storm water runoff, snow melt runoff, and surface runoff and drainage.

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

1. Authorized Enforcement Official shall mean the following City official: Public Works Director or his/her designee.

2. Best management practices ("BMPs") shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

3. City shall mean the City of Alameda.

4. City storm sewer system shall include but is not limited to those facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.

5. Non-storm water discharge shall mean any discharge that is not entirely composed of storm water.

6. Premises shall mean any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(Ord. No. 2605 N.S. § 2)

This article shall be administered for the City by the Director of Public Works. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Alameda County Flood Control and Water Conservation District (ACFCWCD) or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this article may be assigned to such agency (through contract or agreement executed by the City and such agency) with respect to those watercourses for which they have accepted maintenance.

(Ord. No. 2605 N.S. § 2)

This article shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029831 and any amendment, revision or reissuance thereof.

(Ord. No. 2605 N.S. § 2)

If any portion of this article is declared invalid, the remaining portions of this article are to be considered valid.

(Ord. No. 2605 N.S. § 2)

The provisions of this article 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 article to a specific project would create a taking then pursuant to the ordinance the City Council 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 article as stated in subsection 18-21.2 above.

(Ord. No. 2605 N.S. § 2)