Chapter 13.68 — STORM WATER ORDINANCE

Article I

Title, Purpose And General Provisions

This chapter shall be known as the "Storm Water Ordinance" of the city of Cotati and may be so cited.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 USC Section 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The terms used in this chapter shall have the following meanings:

"Best management practices" or "BMPs" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.

"City" means the city of Cotati.

"City engineer" means the Cotati city engineer or his or her designee.

"Clean Water Act" means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

"Construction discharger" means any person owning or operating a construction project that is required to obtain coverage under the state general construction storm water permit.

"Construction project" means any project that involves land disturbance, including, but not limited to, projects requiring coverage under the state general construction storm water permit.

"Discharger" means any individual or private or public facility that releases, spills, leaks, pumps, flows, dumps, or disposes of any substance into the city's storm drain system.

"Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117).

"Illegal discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 13.68.060(B)(1), (2) and (3).

"Illicit connections" is defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.

"Industrial discharger" means any public or private activity/facility which is associated with any of the eleven categories of activities defined by 40 CFR, Section 122.26(b)(14), and required to obtain coverage under the state general industrial storm water permit.

"Land disturbance" means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse.

"National pollutant discharge elimination system (NPDES) storm water discharge permits" means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the state general construction storm water permit and the state general industrial storm water permit.

"Non-storm water discharge" means any discharge to the storm drain system that is not composed entirely of storm water or any release of pollutants that potentially or actually discharges to the city's storm drain system.

"Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

"Pollution" means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water

Code Section 13050).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act, as amended (California Water Code Section 13000 et seq.).

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

"Program leader" means the building official or other person designated by the city manager to administer the city's storm water management program.

"State general construction storm water permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

"State general industrial storm water permit" means NPDES Permit No. CAS000001, General Permit for Storm Water Discharges Associated with Industrial Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

"Storm drain system" means publicly owned facilities operated by the city or by the Sonoma County Water Agency by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

"Storm water" means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

"Waters of the United States" means surface watercourses and water bodies as defined at 40 CFR Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city of Cotati.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The program leader of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the program leader may be delegated in writing by the program leader to persons or entities acting in the beneficial interest of or in the employ of the city.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Article II

Discharge Prohibitions

• A. The release of non-storm water discharges to the city's storm drain system is prohibited.

• B. The following discharges are exempt from the prohibition set forth in subsection A of this section:

  1. Any discharge in compliance with a national pollution discharge elimination system (NPDES) permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency;

  2. Discharges from the following activities provided that they comply with the terms of the city's NPDES permit, are not a significant source of pollutants and are conducted in accordance with the city's BMP plan:

     • a. Flushing of potable water from potable water lines and other discharges from potable water sources,

     • b. Incidental and minimal landscape irrigation and lawn watering,

     • c. Incidental and minimal runoff from irrigation water,

     • d. Diverted stream flows,

     • e. Natural springs and rising ground waters,

     • f. Uncontaminated ground water infiltration to storm drains,

     • g. Uncontaminated pumped ground water, foundation and footing drains,

     • h. Water from crawl space pumps,

     • i. Utility vault dewatering,

     • j. Gravity flow from foundation, footing and crawl drains,

     • k. Air conditioning condensate,

     • l. Runoff from noncommercial car washing by residents or nonprofit organizations,

     • m. Flows from riparian habitats and wetlands,

     • n. Dechlorinated/debrominated swimming pool discharges,

     • o. Flows from firefighting,

     • p. Flows from firefighting training and equipment repair activities,

     • q. Fire hydrant testing, and

     • r. Other flows necessary for implementing BMPs directed or approved by the program leader;

  3. With written concurrence of the regional board, the city of Cotati may exempt in writing other non-storm water discharges that are neither a source of pollutants to the storm drain system nor waters of the U.S.

• C. Any discharge that would result in, or contribute to, a violation of any NPDES permit for storm water discharges within the city and any amendment, revision, or reissuance of such permit, either separately considered or when combined with other discharges, is prohibited. 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, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge.

• D. It is unlawful to establish, use, maintain or continue illicit connections to the city's storm drain system.

• E. It is unlawful to establish, use, maintain or continue drainage connections to the city's storm drain system that are or may be a source of illegal discharges.

• F. It is unlawful to commence or continue any illegal discharges to the city's storm drain system.

• G. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm drain system or upon any public or private plot of land in the city so that the same might become a pollutant, except in lawfully established waste disposal facilities.

• (Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Article III

Regulations And Requirements

• A. Any person engaging in activities that may result in pollutants entering the city's storm drain system shall undertake all control measures to reduce and/or eliminate such pollutants to the maximum extent practicable.

• B. Any construction contractor performing work in the city shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm drain system.

• C. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.

• D. Every person owning or leasing property through which a watercourse passes 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 said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

• E. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property 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 or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

• F. Each industrial discharger, construction discharger or other discharger required to obtain coverage under any general storm water permit adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general storm water permit to the program leader, and shall pay any associated monitoring and enforcement fees to the city that may be set by the city council. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.

• G. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any state of California agency, any North Coast Area agency, or the city, for any activity, operation or facility which may cause or contribute to illegal discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guidelines or requirements.

• H. The program leader may require any business in the city that is engaged in activities which may result in illegal discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

• I. The city may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.

• (Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The program leader may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

• (Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

• A. The program leader may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

• B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

• (Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Whenever the program leader finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the program leader may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The program leader may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the U.S., undertake at said person's expense such monitoring and analyses and furnish such reports to the city of Cotati as deemed necessary to determine compliance with this chapter.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the city's building official in person or by phone or facsimile no later than five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's building department within three business days of the phone notice. If the discharge of prohibited materials 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.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

• A. Grading Restrictions.

  1. No grading shall occur between October 1st and April 30th for construction projects on hillsides with slopes ten percent or steeper unless the project is granted an exception by the city engineer in accordance with subsection B of this section.

  2. If grading on hillsides with slopes ten percent or steeper is not completed before October 1st and no exception is granted, grading shall be halted until May 1st and effective erosion control measures shall be put in place to control erosion.

• B. Exceptions to Grading Restrictions.

  1. The city engineer may grant an exception to the grading restrictions set forth in subsection A of this section if the applicant can demonstrate, to the satisfaction of the city engineer, through plan review, inspections, monitoring and the use of effective best management practices that the following goals will be met:

     • a. The storm water discharge from the construction site will not cause or contribute to the degradation of water quality or impair beneficial uses;

     • b. The storm event daily average turbidity of the storm water discharge from the site will not exceed fifty NTU; and

     • c. The field pH of the storm water discharge from the site is between 6.5 and 8.5.

  2. If an exception to the grading restrictions is granted by the city engineer, the applicant must conduct a monitoring program to demonstrate best management practices effectiveness and compliance with the above goals.

  3. If the results of the monitoring program indicate that one or more of the above goals are not being satisfied, grading activities shall cease and the applicant shall improve best management practices. Grading may not resume until the applicant demonstrates to the satisfaction of the city engineer that the improved best management practices are effective at meeting the above goals.

• C. Construction Projects That Cause Land Disturbance of Less Than One Acre. All construction projects that cause land disturbance of less than one acre shall implement an effective combination of the following erosion and sediment control best management practices, or equivalent, to prevent erosion and sediment loss and the discharge of construction wastes from the construction project:

  1. Erosion and sediment controls such as scheduling, preservation of existing vegetation, silt fencing, fiber rolls, sand bag barriers, gravel bag berms and stabilized construction project entrance/exit.

  2. Non-storm water management controls such as water conservation practices and dewatering operations for prevention of discharges to local storm drains and surface waters.

  3. Waste management controls such as material delivery and storage, stockpile management, spill prevention and control, solid waste management, concrete waste management and sanitary/septic waste management.

Erosion and sediment control best management practices shall be selected and installed in accordance with best management practices handbooks such as those published by the California Stormwater Quality Association, the California Regional Water Quality Control Boards, the State Water Resources Control Board, the California Department of Transportation or equivalent.

• D. Construction Projects That Cause Land Disturbance of One Acre or More. All construction projects that cause land disturbance of one acre or more shall comply with the following requirements:

  1. An erosion and sediment control plan shall be prepared and submitted to the city engineer for written approval. The plan shall be developed and certified by a qualified SWPPP developer (QSD) and shall contain the information set forth in subsection E of this section.

  2. A storm water pollution prevention plan (SWPPP) must be developed in accordance with the state general construction storm water permit. The SWPPP may be substituted for the erosion and sediment control plan, if approved by the city engineer.

  3. Coverage under all applicable permits shall be obtained, including, but not limited to, the state general construction storm water permit and 401 Water Quality Certifications.

  4. An effective combination of best management practices addressing erosion and sediment control, non-storm water management, and waste management shall be selected and installed to prevent erosion, sediment loss, and the discharge of construction waste in accordance with best management practices handbooks, such as those published by the California Stormwater Quality Association, Regional Water Quality Control Boards, or equivalent. Best management practices to be implemented may include, but are not limited to, the following:

     • a. Erosion controls such as scheduling, preservation of existing vegetation, hydraulic mulch, hydroseeding, soil binders, straw mulch, geotextiles and mats, and mulching.

     • b. Sediment controls such as fiber rolls, gravel bag berm, street sweeping and/or vacuum, storm drain inlet protection, sediment basin, check dam, silt fence, and sand bag barrier.

     • c. Sediment tracking controls such as stabilized construction entrance/exit and entrance/exit tire wash.

     • d. Non-storm water management controls such as water conservation practices, dewatering operations, vehicle and equipment washing, vehicle and equipment fueling, and vehicle and equipment maintenance.

     • e. Waste management controls such as material delivery and storage, stockpile management, solid waste management, spill prevention and control, concrete waste management and sanitary/septic waste management.

• E. Erosion Control Plan Requirements. An erosion and sediment control plan shall contain the following information:

  1. Appropriate construction project best management practices;

  2. The specific locations where best management practices will be installed;

  3. A maintenance schedule; and

4. The rationale for selecting the best management practices, including soil loss calculations if necessary.

• (Ord. 870 § 2(part), 2017)