Chapter 14.02 — STORMWATER POLLUTION CONTROL

(a)

The U.S. Environmental Protection Agency has identified urban stormwater runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified stormwater runoff from the city as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Region, has issued a National Pollutant Discharge Elimination System ("NPDES") permit requiring the city to establish legal authorities sufficient to protect its municipal storm drain system from certain prohibited discharges. The city is also required to implement a stormwater management program to assure that stormwater runoff from the city does not cause or contribute to a violation of the water quality standards of South San Francisco Bay.

(b)

The purpose of this chapter is therefore to provide minimum requirements designed to control the discharge of pollutants into the city municipal storm drain system and to assure that discharges from the city municipal storm drain system comply with applicable provisions of the Federal Clean Water Act and the current National Pollutant Discharge Elimination System Permit No. CA0029718 including amendments and

California Regional Water Quality Control Board approvals. Enactment of this chapter falls within the scope of the city police power to protect the health, safety and welfare of its residents. Nothing in this chapter is intended to preclude more stringent federal or state regulation or any activity covered by this chapter.

(Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

The following words and phrases, when used in this chapter, shall be as defined in this section. Words and phrases used in this chapter and not otherwise defined shall be as defined in the regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act, or as defined by the State Water Resources Control Board to implement the California Water Code:

"Applicable materials" mean all materials used in industrial or commercial establishments that are stored outdoors, that may be exposed to stormwater, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, all materials containing cadmium, chromium, copper, lead, mercury, nickel, selenium, silver and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards.

"Deemed complete" means that a project applicant has submitted a development application package for discretionary approval that is determined to be a complete and acceptable application by the community development director. Public projects are deemed complete if funding has been approved by the city council and construction has been scheduled.

"Discharge" means the discharge, addition, placement, deposit, release or dumping of any pollutant or combination of pollutants to surface waters from any point source. This definition includes, but is not limited to, additions of pollutants into waters, from: surface runoff and discharges through pipes, sewers, channels or other conveyances owned by a state, municipality or other person which do not lead to a treatment works. "Discharge," within the meaning of this chapter, shall also mean any discharge on public or private property which results or will reasonably result in a discharge into any and all watercourses. Such discharges represent a process whereby pollutants, debris and chemicals are placed or otherwise deposited on streets, construction sites, parking lots and other exposed surfaces and are subsequently washed off and carried away by stormwater runoff into watercourses.

"Grease" means and includes fats, oils, waxes or other related constituents. Grease may be of mineral origin, including kerosene, lubricating oil and road oil. Grease may also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, fats in meats, cereals, seeds, nuts and certain fruits. Grease is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.

"Grease generating activity" means any commercial or industrial activity that uses or produces grease on an ongoing basis.

"Grease removal device" means an interceptor or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the (sanitary sewer or) municipal storm drain system.

"Impervious surface" means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates stormwater runoff. Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or other hardscape where such surfaces are not constructed with pervious materials and/or are not designed so as to have zero stormwater discharge.

"Interceptor" means a receptacle or trap designed and constructed to intercept, separate and prevent the passage of prohibited substances into the (sanitary sewer or) municipal storm drain system.

"Major development or redevelopment project" means a project that creates, adds, or replaces an amount of impervious surface as defined in the current NPDES permit.

"Municipal storm drain system" means and includes, but shall not be limited to, those facilities within the municipality by which stormwater 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 are not part of a publicly owned treatment works (POTW).

"NPDES permit" means a valid National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, in accordance with regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act.

"Pollutants" mean and include all sewage, sewage sludge, garbage, biological materials, radioactive materials, and chemical, industrial and agricultural waste discharge into water.

"Project with significant pollution potential" means any project determined by the city to be likely to have sources of pollutants on-site and/or to contribute pollutants to stormwater after project completion, based on a review of the proposed uses of or activities planned for the site.

"Stormwater" means all rainfall runoff, surface runoff and drainage.

"Watercourses" mean and include all natural waterways and definite channels and depressions in the earth that carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. Watercourses include facilities owned and operated by the Santa Clara Valley Water District.

(Ord. 2046 § 1(part), 2004; Ord. 1916 § 1, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

(a)

Non-stormwater Discharges.

(1)

Discharge Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials other than stormwater. In addition, no person shall discharge or cause to be discharged into the municipal storm drain system or watercourses, any pollutants or waters containing any pollutants that cause or threaten to contribute to a violation of applicable water quality

standards. It is also unlawful to discharge, or cause to be discharged into any storm drain or natural outlet or channel, any sewage, industrial waste or other polluted waters or materials without a valid NPDES permit or written authority from the U.S. Environmental Protection Agency or its designated enforcement agent.

(2)

Exceptions to Discharge Prohibition. The preceding discharge prohibition in subsection (a)(1) of this section shall not apply to any discharge that is specifically authorized by an NPDES permit to flow to a storm drain or natural outlet or channel. In addition, the California Regional Water Quality Control Board, San Francisco Bay Region, has determined that the discharge prohibition shall not apply to the following "permissible" activities: water line flushing, landscape irrigation/lawn watering, uncontaminated foundation drains, uncontaminated nonindustrial roof drains, irrigation water, uncontaminated groundwater infiltration, residential car washings, flows from firefighting, flows from potable water sources, and dechlorinated swimming pool waters.

(3)

Protection Against Accident Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

(4)

Report of Accidental Discharges. Where an accidental discharge of prohibited materials or other wastes has entered the municipal storm drain system or a watercourse, such incident shall be reported to city or designated agent as soon as possible, but in no event later than twenty-four hours after such a discharge. If the accidental discharge or prohibited materials or other wastes emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.

(5)

Abatement of Prohibited Discharge by Responsible Party. The prohibited discharges are declared to constitute a public nuisance. Remediation and abatement of prohibited discharges shall be the responsibility of persons causing such discharge. The city shall be advised of the abatement and shall inspect the discharge site to insure that the nuisance has in fact been abated.

(b)

Watercourse Protection.

(1)

Watercourse Protection Requirements. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(2)

Acts Requiring Permit. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city or designated agent:

(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 designed in whole or in part to protect a watercourse;

(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 a side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such watercourse.

(c)

Outdoor Storage of Materials.

(1)

Proper Outdoor Storage of Materials Required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to stormwater and as is required to meet water quality standards. Establishments covered by the general

NPDES permit for stormwater discharges associated with industrial activities that has been promulgated for Santa Clara County by the California Regional Water Quality Control Board, San Francisco Bay Region, shall address this requirement in applicable provisions of their stormwater pollution prevention plan.

(2)

Protection Against Accidental Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of applicable materials to the municipal storm drain system or watercourses. Specifically, secondary containment systems or equivalent measures approved by the fire department shall be provided for all applicable materials that are liquids. All facilities to prevent the accidental discharge of applicable materials to the municipal storm drain system and watercourses shall be provided and maintained at the owner or operator's expense.

(3)

Report of Accidental Discharge to the Storm Drain. Where applicable materials have entered the municipal storm drain system or a watercourse due to an accidental discharge at a commercial or industrial establishment, the owner or operator of such establishment shall report such incident to public works department as soon as possible, but in no event later than twenty-four hours after such a discharge. The owner or operator of such establishment shall also retain an on-site written record of all accidental discharges of applicable materials (whether or not such discharge actually entered the municipal storm drain system or a watercourse) and the actions taken to prevent their recurrence. Such records shall be retained for at least five years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.

(d)

Grease Disposal and Control.

(1)

Grease Disposal Prohibited. No person shall dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, (any public or private sanitary sewer), any part of the municipal storm drain system, or any land, street, public way, river, stream or other watercourse.

(2)

Grease Removal Device Required. The owner or operator of every newly constructed, remodeled or converted commercial or industrial establishment with one or more grease generating activities shall install or cause to be installed for each grease generating activity, a grease removal device (of an approved design) for preventing the passage of grease to the municipal storm drain system and watercourses.

(3)

Maintenance of Grease Removal Devices Required. The contents of all grease removal devices shall be removed periodically as necessary to prevent a violation of this chapter. At a minimum, the contents shall

be removed every ninety days. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation at the owner or operator's expense.

(e)

New Development/Redevelopment.

(1)

Stormwater Management Required for Major Projects. Every applicant for a building permit and/or grading permit for a major development or redevelopment project shall identify the potential for stormwater to be discharged from the project site following completion of construction activity and shall demonstrate that the plans, drawings or specifications for such project include the installation of management techniques, practices, and control measures designed to mitigate the potential adverse impacts of stormwater that may be discharged from the project site on an ongoing basis including stormwater treatment measures. In addition, applicants for building and/or grading permits for projects with significant pollution potential may be required to demonstrate that sources of pollutants will be controlled on-site with appropriate measures. The stormwater management techniques, practices, and control measures shall be selected, designed, and maintained in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual.

(2)

Issuance Permits. The city shall not issue a building permit and/or grading permit for a major development or redevelopment project or a project with significant pollution potential until it has reviewed the mitigation measures proposed by the applicant pursuant to subsection (e)(1) of this section, where appropriate, and determined that they are sufficient to address the potential adverse impacts of stormwater that may be discharged from the project site on an ongoing basis.

(3)

Occupancy. The building official shall not issue a certificate of occupancy or other equivalent permit for a major development or redevelopment project or a project with significant pollution potential until it has determined that the mitigation measures identified in the building permit and/or grading permit issued for such project have been adequately implemented and that appropriate arrangements have been made to ensure that these management techniques, practices and control measures will be maintained on an ongoing basis in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual.

(Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

(a)

Criminal Penalties. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment for a term not to exceed six months or by

a fine not to exceed one thousand dollars or by both. Each and every violation of this chapter shall constitute a separate offense. Every day each such violation continues shall be an additional offense.

(b)

Civil Penalties. Any person who violates any provision of this chapter shall be civilly liable to the city in a sum not to exceed one thousand dollars per day for each day in which the violation occurs. Each and every violation of this chapter shall constitute a separate offense. Every day each such violation continues shall be an additional offense.

(c)

Civil Liability. Any person who violates any provision of this chapter shall be civilly liable to the city for all costs, including attorney's fees, associated with the investigation and remediation of environmental conditions caused by the discharge of pollutants into the municipal storm drain system or watercourse in violation of this chapter.

(d)

Remedies Cumulative. The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any and all other remedies available to the city under state and federal law.

(e)

Public Nuisance. The discharge of pollutants and related applicable materials into any municipal storm drain system or other watercourses, in violation of any provision of this chapter, is declared to be a public nuisance and shall be subject to any and all remedies available, pursuant to city, state and federal law, including but not limited to injunctive relief. The director of public works may record with the county recorder's office a declaration of nuisance for the particular parcel so noticed.

(Ord. 1930 § 3, 1995; Ord. 1916 § 2, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

(a)

During Regular Business Hours. Every business establishment that is open to the public shall permit agents of the city to inspect their premises for compliance with this chapter at any time the business is open to the public.

(b)

Other Times. Notwithstanding subsection (a) of this section, agents of the city may inspect any property for compliance with this chapter upon providing the owner and occupants of the property at least twenty-four hours' advance notice of the inspection in the following manner:

(1)

A notice shall be conspicuously posted on the property to be inspected, specifying the date, time and reason for the proposed inspection and setting forth a telephone number with directions for the residents or

property owners to call for further information; and

(2)

If the identity and address of the owner is known, such owner shall be notified of the proposed inspection by first class mail, setting forth the same information required by subsection (b)(1) of this section.

(c)

Provisions Supplemental. The inspection provisions set forth in this section are intended to supplement, and not supersede, any existing authority for inspection by city officials. In the event that any provision of this section is found by a court of competent jurisdiction to be void or unenforceable, the remaining portions shall remain in full force and effect.

(Ord. 1947, 1997).