Brisbane Municipal Code Ch. 13.06 Storm Water Management and Discharge Control

The ordinance codified in this chapter shall be known as the "City of Brisbane Storm Water Management and Discharge Control Ordinance" and may be so cited.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The purpose of this chapter is to ensure the future health, safety, and general welfare of the city of Brisbane's citizens by:

A. Eliminating nonstorm 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 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 Clean Water Act.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

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. CA0029921 and any amendment, revision or reissuance thereof.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

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 incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms and the following words shall have the meanings ascribed to them in this section:

A. Authorized Enforcement Official. When used in this chapter, the following city officials are "authorized enforcement officials": Director of public works/city engineer; city manager; building and planning director; fire chief and their authorized designees.

B. Best management practices ("BMPs") means 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.

C. City means the city of Brisbane.

D. City storm sewer system means and includes, 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, manmade channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2.

E. Discharge means any addition of any pollutant to navigable waters from any point source, or 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.

F. Illicit discharge means any discharge to the city storm sewer system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities.

G. Municipal regional permit means the municipal regional stormwater NPDES (National Pollutant Discharge Elimination System) permit, of which the city is a permittee, issued by the San Francisco Regional Water Quality Control Board, a copy of which is filed in the office of the city clerk, and any amendment, revision or reissuance thereof.

H. Nonstorm water discharge means any discharge that is not entirely composed of storm water.

I. Pollutant means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water.

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

K. Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

(Ord. No. 571, § 1, 3-19-12)

This chapter shall be administered for the city by the director of public works/city engineer. Where storm drain facilities and/or watercourses have been accepted for maintenance by the San Mateo County Flood Control and Water Conservation District or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter 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. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Pursuant to the provisions of Health and Safety Code Section 5471, the city establishes a system of charges for its storm water drainage system. For the purposes of such system of charges "assessment roll" means the roll upon which general taxes of the city are collected and "annual real property tax statement" means the annual tax statement issued by the county of San Mateo.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The charges for services furnished by the city may be based upon the class of use or area of parcels as determined by resolution of the city council adopted by a four-fifths vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the city council.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

All storm water charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all provided for by Health and Safety Code Section 5473.5, et seq.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The city may, upon a proper showing and upon the city council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of storm water charges to the city rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Annually, on or before the first day of July, it is the duty of the finance director to file with the city clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given proper notice.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk's signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots of parcels of land as they appear on the then-current assessment roll based upon detailed date provided by the city.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The city may adopt fees to provide for the recovery of costs from users of the storm water system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city's master fee schedule.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The discharge of nonstorm water discharges to the city storm sewer system is prohibited except as provided herein. All discharges of material other than storm water must be in compliance with a NPDES permit issued for the discharge other than NPDES Permit No. CA0029921.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

No person shall park a vehicle on a highway, as defined in Section 360 of the California Vehicle Code, or on private or public property unless the vehicle is maintained so as to prevent unreasonable leakage of oil, water or other fluids from the vehicle onto the highway.

(Ord. No. 610, § 1, 11-3-16)

The following discharges are exempt from the prohibition set forth in Section 13.04.580:

A. The prohibition on 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 of California under 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.

B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on discharges.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Any person delivering, hauling, disposing, storing, discharging or otherwise handling hazardous materials or potentially polluting substances, solid or liquid, such as, but not limited to the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and catch-basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled materials or substances to prevent such materials or substances becoming a hazard to health or safety or, directly or indirectly, permitting such materials or substances to enter the city's storm sewer system.

(Ord. No. 610, § 1, 11-3-16)

Spills or accidental releases of hazardous materials or potentially polluting substances that cannot adequately be cleaned by the responsible person to prevent such materials or substances from becoming a hazard to health or safety, or to prevent such materials or substances from direct or indirect entry to the city's storm sewer system, shall be reported immediately to the city by the responsible person by telephoning 911, and confirming the notification by written correspondence to the City of Brisbane Public Works Department.

(Ord. No. 610, § 1, 11-3-16)

Any discharge that would result in or contribute to a violation of the municipal regional permit. 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 city in any administrative or judicial enforcement action relating to such discharge.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

(Ord. No. 571, § 2, 3-19-12)

It is unlawful to establish, use, maintain, or continue illicit drainage connections to the city storm sewer system, and to commence or continue any illicit discharges to the city storm sewer 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.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

A. Littering.

1. 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 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, except in containers or in lawfully established grounds.

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

3. No person shall throw or deposit litter in any fountain, pond, lake, stream, lagoon, or any other body of water in a park or elsewhere within the city.

B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement 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 city storm sewer system.

C. Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the city shall endeavor, whenever possible, to provide filter materials at the catch basin to retain any debris and dirt flowing in to the city's storm sewer system. The director of public works/city engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

D. Notification of Intent and Compliance With General Permits.

1. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water 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 any general storm water permit applicable to such discharges.

2. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.

E. Compliance With Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional and/or city agency, for any activity, operation or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guideline or requirements as may be identified by the director of public works/city engineer.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

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

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 thirty (30) feet of the center line of any creek or twenty (20) feet of the top of a bank;

D. Deposit in, plant in, or remove any material from a watercourse including the 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 storm waters passing through such watercourse.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly-authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections 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 and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of nonstorm water to the storm water system, or similar factors.

A. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are 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.

B. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstorm water discharges entering the city storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and clean-up of such release and shall notify the city of the occurrence by telephoning 911 and confirming the notification by correspondence to the city of Brisbane Public Works Department.

C. Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the official 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 benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The violation of any of the provisions of this chapter shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such fines, penalties and enforcement provisions are cumulative and shall be in addition to any other enforcement remedies specified in this chapter.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

(Ord. No. 554, § 45, 1-18-11)

If storm water charges are delinquent for a period of sixty (60) days, a penalty of ten (10) percent of the amount owed for delinquent storm water charges shall be imposed. If storm water charges are delinquent for a period of one hundred twenty (120) days, an additional penalty of one and one-half (1½) percent per month shall be paid.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

(Ord. No. 554, § 46, 1-18-11)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or waste water 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 and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

In addition to the penalties hereinbefore provided, 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 declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real properly is sold under execution.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

Section 1094.6 of the California Code of Civil Procedure is applicable to judicial review of city decisions pursuant to this chapter.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

A. Public Works Director/City Engineer. Any discharger affected by any decision, action, or determination, including assessments and abatement order, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the public works director/city engineer a written request for review of such decision, action, or determination, setting forth in detail the facts supporting the request no later than ten (10) days from date of decision. The public works director/city engineer shall complete the review and issue a written determination within ten (10) days after receipt of the request, unless the director of public works/city engineer or his/her designee reasonably extends the time thereof.

B. Written Appeal to City Manager. Any person shall have a right to appeal any determination made pursuant to any authority provided by this chapter to the city manager to exhaust administrative remedies, by filing with the city manager a written notice of appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 3.32, Section 3.32.070 of the Brisbane Municipal Code.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of other following remedies:

A. A temporary and/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 and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

In addition to the other enforcement powers and remedies established by this chapter and the administrative enforcement provisions established by Chapters 1.16 and 1.18 of this code, any authorized enforcement official has the authority to utilize the following administrative remedies.

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with the time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean. Whenever an authorized enforcement official finds significant oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

C. A cease and desist order or a notice to clean shall constitute an administrative compliance order governed by the provisions of Chapter 1.18 of this code, and shall be issued and enforced in the same manner as specified therein.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

(Ord. No. 554, § 47, 1-18-11)

In addition to any other remedies provided to the director of public works under the penalty provisions of this code for violations of the code, if the city's director of public works or his/her designee determines that a specific vehicle's unreasonable leakage of oils, water or other fluids creates or continues to create an imminent discharge of hazardous materials or pollutants to the city's storm sewer system, the director, after taking reasonable steps to determine and/or notify the registered owner of the vehicle that the ordinance has been violated may request the Brisbane Police Department to tow and impound said vehicle.

(Ord. No. 610, § 1, 11-3-16)

Editor's note— Ord. No. 554, § 48, adopted January 18, 2011, repealed § 13.06.290, which pertained to authority to arrest or issue citations and derived from Ord. No. 392, 1994 and Ord. No. 407, 1996.

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).

The first revision of the business plan for any facility subject to the city's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on nonstorm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable.

(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).