Cotati Municipal Code Art. 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)