Berkeley Municipal Code Ch. 17.20 Discharge of Non-Stormwater into the City's Storm Drain…

The purpose of this chapter is to ensure the health, safety, and general welfare of City of Berkeley citizens by eliminating non-stormwater discharges to the City's storm drain system and by reducing the contamination of stormwater by pollutants to the maximum extent practicable.

The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). (Ord. 6216-NS § 1, 1993)

Any terms defined in the federal Clean Water Act (33 U.S.C. sec. 1251 et seq.) and acts amendatory thereof or supplementary thereto, or defined in the regulations for the stormwater discharge permitting program issued by the U.S. Environmental Protection Agency on November 16, 1990 (codified at 40 C.F.R. Parts 122 - 124) as may be amended from time to time, as used in this chapter shall have the same meaning as in said statute or regulations.

A. "Discharge of a pollutant" means any addition of any pollutant to the waters of the San Francisco Bay from any point source. (33 U.S.C. Sec. 1362(12))

B. "Illicit discharge" means any discharge to the City storm drain system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities. (40 C.F.R. Sec. 122.26(b)(2))

C. "Person" means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body. (33 U.S.C. Sec. 1362(5).)

D. "Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft. (33 U.S.C. Sec. 1362(14); 40 C.F.R. Sec. 122.2.)

E. "Pollutant" means 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. (33 U.S.C. sec. 1362(6).)A pollutant shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this chapter.

F. "Storm drain system" means those facilities within the City by which stormwater may be conveyed to waters of the San Francisco Bay, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, humanmade channels, storm drains and natural watercourses. (40 C.F.R. Sec. 122.26(b)(8).)

G. "Stormwater" means rainfall runoff, snow melt runoff, and surface runoff and drainage. (40 C.F.R. Sec. 122.26(b)(2).) (Ord. 6216-NS § 2, 1993)

Except as otherwise expressly exempted below, it is unlawful to discharge any matter except stormwater into the storm drain system. (Ord. 6216-NS § 3, 1993)

It is unlawful to establish, use or maintain any pipe, channel or other similar connection to the storm drain system that conveys thereto discharges not composed entirely of stormwater. As mandated by the regulations issued by the U.S. Environmental Protection Agency codified at 40 C.F.R. Parts 122 124, this prohibition is expressly retroactive and applies to connections made before the effective date of this chapter, 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. (Ord. 6216-NS § 4, 1993)

Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements:

A. Littering prohibited. 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, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds.

B. Requirements for construction and development.

1. Any construction contractor performing work in the City shall provide filter materials at catch basins to retain any debris, dirt, or other pollutants generated by such work to prevent said pollutants from flowing into the City's storm drain system.

2. Any applicant for a building or grading permit from the City shall, as a condition of receiving such permit, sign a certification stating that the applicant has read and shall use, to the maximum extent practicable, applicable portions of the state stormwater best management practices manual for construction activity, a copy of which shall be available to the applicant where building and grading permits are obtained.

3. Any applicant for a building or grading permit from the City who is subject to the state NPDES construction general permit shall, as a condition of receiving such permit, provide evidence that the applicant has submitted a notice of intent to the state Water Resources Control Board as required by said permit.

4. The City Manager may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants into the storm drain system.

C. Standards for parking lots and similar structures. Any person owning or operating a parking lot, gas station or similar structure shall clean said structure as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the storm drain system. (Ord. 6216-NS § 5, 1993)

Whenever "best management practices" guidelines or requirements are adopted by any federal, state of California, regional, or City agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, or discharge of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City Manager and kept on file in the office of the City Clerk. (Ord. 6216-NS § 6, 1993)

A. It is unlawful to discharge any matter into the storm drain system such that the discharge results in or contributes to a violation of any National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under authority of the U.S. Environmental Protection Agency, including the NPDES permit issued to the City of Berkeley and others (NPDES Permit No. CA0029831, on file in the office of the City Clerk) and any amendment, revision or reissuance thereof, and whether such discharge is separately considered or when combined with other discharges.

B. Each industrial discharger, discharger associated with construction activity, or any other discharger described in any general NPDES permit regulating stormwater discharges, as may be adopted by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall submit to the appropriate agency a notice of intent to comply with said permit and undertake all other activities required by any general stormwater permit applicable to such discharges.

C. Each discharger identified in any individual NPDES permit regulating stormwater discharges shall comply with and undertake all activities required by such permit. (Ord. 6216-NS § 7, 1993)

Notwithstanding any provisions to the contrary, the following types of discharges into the storm drain system are exempt from the prohibition set forth above:

A. Discharges from the following activities when the discharger conducts the activity such that the least amount of non-stormwater as practicable enters the storm drain system:

1. Watering of lawns, landscaping, and gardens;

2. Washing of personal motor vehicles by residents;

3. Draining of water from swimming pools or spas, five days after the chlorine content of such water according to a test kit approved by the state department of health shows a reading of zero chlorine content.

4. Flushing of water lines or other discharges from potable water sources;

5. Flows from firefighting.

B. Discharges from the following sources when the discharger manages the source such that the least amount of non-stormwater as practicable enters the storm drain system:

1. Crawl space and basement sump pumps;

2. Air conditioning condensation;

3. Groundwater drainage piping systems, including foundation drains, footing drains and pumps;

4. Uncontaminated pumped groundwater.

C. Discharges from rising groundwaters, springs, and flows from riparian habitats and wetlands. (Ord. 6216-NS § 8, 1993)

Any person in charge of a business which handles, processes, or stores a hazardous material as defined in Berkeley Municipal Code Chapter 11.52 (Hazardous Materials Disclosure) or any person responsible for emergency response for such a business, who has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the City storm drain system, shall take all necessary steps to ensure the discovery, containment and clean up of such release as soon as possible. Such person shall also notify the City of the occurrence by telephoning 911 immediately, and confirming the notification in writing to the emergency and toxics program of the City Manager's office within one week of said discovery. (Ord. 6216-NS § 9, 1993)

A. Enforcement officials for violations of City ordinances as set forth in Berkeley Municipal Code Section 1.20.020.F. from the following City departments or divisions are authorized to conduct inspections pursuant to Berkeley Municipal Code Section 1.16.010 to enforce the provisions of this chapter: emergency and toxics management, environmental health, fire, planning, and public works.

B. Routine or area inspections conducted by such officials shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling or sampling in areas with evidence of stormwater contamination, illicit discharges, or discharge of non-stormwater to the storm drain system.

C. The City shall have the right to establish on any property such devices as are reasonably necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

D. Any enforcement official may request that any person engaged in any activity or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, or discharge of non-stormwater to the storm drain system, undertake such monitoring activities and/or analyses and furnish such reports as said authority may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. 6216-NS § 10, 1993)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 6216-NS § 11, 1993)

A person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by said person, and said violations shall be punishable as provided herein. (Ord. 6216-NS § 12, 1993)

Any person who violates any provision of this chapter, who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act or the Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalties. (Ord. 6216-NS § 13, 1993)

Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is hereby declared to be a nuisance. The procedures for abatement of such nuisances shall be governed by Berkeley Municipal Code Chapter 1.24 (Abatement of Nuisances) as may be hereafter amended.

If the City abates any condition constituting a nuisance hereunder the City's costs of abatement may be collected as a nuisance abatement or assessment lien in accordance with the provisions of Berkeley Municipal Code Chapter 1.24. (Ord. 6216-NS § 14, 1993)

If the City finds that a discharge has taken place or is likely to take place in violation of this chapter, the City may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall: a) comply with the requirement, b) comply with a time schedule for compliance, and/or c) take appropriate remedial or preventive action to prevent the violation from recurring. (Ord. 6216-NS § 15, 1993)

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 6216-NS § 16, 1993)

The City Attorney may seek legal, injunctive or equitable relief to enforce the provisions of this chapter, including but not limited to any or all of the following remedies:

A. A temporary restraining order or preliminary or permanent injunction.

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

D. Compensatory damages for loss or destruction to water quality, wildlife, fish or aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems, or implementing or enforcing the provisions of this chapter. (Ord. 6216-NS § 17, 1993)

The remedies and penalties provided for under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies and penalties provided for in this chapter shall be cumulative and not exclusive. (Ord. 6216-NS § 18, 1993)

Liability for any discharge in violation of the provisions of this chapter shall be the responsibility of the person or persons causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. (Ord. 6216-NS § 19, 1993)

In addition to the powers expressly set forth herein, the City Manager is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce this chapter. (Ord. 6216-NS § 20, 1993)

This chapter 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. 6216-NS § 21, 1993)