Dublin Municipal Code Art. II Discharge Regulations and Requirements

A. General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is prohibited, except as set forth in Section 7.74.100.

B. The city has the authority and duty to require any person intending to connect to the MS4 to adhere to this chapter, the MRP, and any amendment, revision, or reissuance thereof.

C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge.

(Ord. 9-92 § 2 (part). Formerly 7.74.070; Ord. 7-24 § 2 (Exh. A))

A. The following discharges are exempt from the prohibitions set forth in Section 7.74.090:

1. Any discharge regulated under an 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.

2. Exempt discharges, as identified in the MRP. Unpolluted discharges from those sources or activities specifically identified in or pursuant to the MRP as exempt discharges, unless they are identified by the city or the San Francisco Bay Regional Water Quality Control Board as a source of pollutants to receiving waters, in which case they shall be addressed as conditionally exempt discharges.

3. Conditionally exempt discharges, as identified in the MRP. Discharges from those sources or activities specifically identified in or pursuant to the MRP as conditionally exempt discharges shall not be a violation of this chapter; provided, that (a) they are identified by the city or San Francisco Bay Regional Water Quality Control Board as not being sources of pollutants to receiving waters, or (b) applicable BMPs are developed and implemented to eliminate adverse impacts associated with such sources or activities and required conditions described in the MRP are met prior to the discharge.

B. If the Regional Water Quality Control Board or the city determines that an exempt or conditionally exempt discharge results in or contributes to a violation of the MRP or of any applicable water quality standard for receiving waters, either separately or when combined with other discharges, or is a danger to public health or safety, the authorized enforcement official may give written notice to the responsible person that the discharge exemption shall not apply to the discharge at issue following a ten (10) day period commencing upon delivery of the notice. Upon expiration of the ten (10) day period any such discharge shall be unlawful.

(Ord. 7-24 § 2 (Exh. A))

A. Any discharge that would result in or contribute to a violation of the MRP, 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 in any administrative or judicial enforcement action relating to such discharge.

B. Every owner of real property within the city shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property. When there are multiple property owners, the property owners shall have joint and several liability.

1. Every property owner in the city is required to conduct all activities in a manner to avoid violation of this code and to correct any nuisance condition.

2. It shall be the duty of every property owner to keep all parcels of land under the property owner’s possession or control free of nuisance conditions.

(Ord. 9-92 § 2 (part). Formerly 7.74.080; Ord. 7-24 § 2 (Exh. A))

A. It is prohibited to establish, use, maintain, commence, or continue any illicit drainage connections or illicit discharges to the MS4. 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.

1. Any person responsible for a discharge, spill or pollutant release, including those resulting from activities associated from mobile businesses, shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

2. Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.

3. The city may perform cleanup and abatement work and recover its costs from the responsible person as provided in Section 1.04.061. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Article IV and the Dublin Municipal Code.

B. The authorized enforcement official shall have the authority to inspect any activity conducted within the city pursuant to Article IV.

C. When any activity is being performed contrary to the provisions of this code and has the potential to result in a discharge to the MS4, the authorized enforcement official may order the activity stopped until appropriate controls are implemented pursuant to Article IV.

(Ord. 9-92 § 2 (part). Formerly 7.74.090; Ord. 7-24 § 2 (Exh. A))

Any person engaged in activities that will or may result in pollutants or waste discharges entering the MS4, natural surface waters, or watercourses shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants and waste discharges. Examples of such activities include, but are not limited to, ownership and use of facilities such as parking lots, gasoline stations, auto services, industrial facilities, and commercial facilities fronting city streets. 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 structure, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant or waste discharge, except in lawfully established garbage containers or in lawfully established dumping grounds.

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

B. Standard for Maintenance of Premises.

1. Persons owning or operating premises shall clean the property and storm drainage structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or waste to the MS4.

2. The responsible person for any business in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter, roadway, or MS4, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

3. If wet cleaning is required to maintain the appearance of the sidewalk, parking lot, or other exterior surfaces, the surface cleaning guidelines established by the Alameda Countywide Clean Water Program shall be used.

C. Trash Control.

1. An authorized enforcement official may require installation and maintenance of full trash capture device(s) that meet the requirements of the San Francisco Bay Regional Water Quality Control Board on private storm drain inlets if implemented BMPs do not prevent the discharge of trash or other pollutants to the MS4 from private parking lots and drainage facilities.

2. At a minimum, the full trash capture system covering the entirety of the parcel must be installed before the on-site drainage enters the MS4 (i.e., trash capture must take place no farther downstream than the last private stormwater drainage structure on site).

3. The authorized enforcement official may require persons owning, operating, or maintaining such premises to enter into an operation and maintenance agreement, in a form approved by the city and which has been recorded against the property with the Alameda County Recorder’s Office, to ensure perpetual operation and maintenance of the full trash capture system.

4. Upon transferring ownership of the property, any property owner required to install and maintain a full trash capture system shall notify the city in writing of the transfer of ownership, provide the new owners with a copy of the maintenance agreement, and inform the new owners in writing of their obligation to properly operate and maintain the full trash capture system.

5. It shall be unlawful to alter, modify, change, or remove any full trash capture system without first obtaining from the authorized enforcement official written certification that the requirements of this article and the MRP have been satisfied.

D. Organic Matter.

1. Sweeping, blowing, or otherwise causing leaf litter, yard trimmings, or other organic matter in a manner that allows it to enter the MS4 is prohibited.

E. Notice of Intent and Compliance With State Water Resources Control Board General Stormwater Permits.

1. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board, shall provide notice of intent to comply with, and undertake all activities required by any general stormwater permit as applicable to such discharges.

F. Proof of compliance with a general stormwater permit may be required in a form acceptable to the city’s designated representative prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan or business license; upon inspection of a facility; during any enforcement proceeding or action; or for any other reasonable cause.

G. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, intentional overflow or application, or inadequate maintenance. Irrigation systems must be designed and maintained to conserve water and prevent water from leaving the area of application. Responsible persons shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:

1. Detect and repair leaks from the irrigation system within seventy-two (72) hours of discovering the leak;

2. Properly design and aim sprinkler heads to only irrigate the planned application area;

3. Do not irrigate during precipitation events; and

4. Where recycled water is used for irrigation, the user must conform to the requirements set forth in Chapter 8.88, Water-Efficient Landscaping Regulations, as amended from time to time, or those given by the MRP, whichever are greater.

H. Best Management Practices (BMPs) and Standards to Reduce Stormwater and Non-Stormwater Pollutants.

1. Responsibility to Implement BMPs. Any person engaged in activities or operations or owning or occupying facilities or property that will or may result in pollutants entering the MS4 or receiving waters shall implement BMPs to prevent and reduce such pollutants.

I. City May Establish BMPs. In addition to BMPs set forth in any general stormwater permit or individual NPDES permit, and notwithstanding the discharge exemptions set forth in this section, the city may establish and require compliance with BMPs for any activity, operation, or facility that may cause or contribute to degradation, pollution, or contamination of stormwater, the MS4, or receiving waters.

J. The Public Works Director may require submission of information to evaluate the implementation and/or require the implementation of BMPs, including, but not limited to, the following:

1. Minimum BMPs. All dischargers must implement and maintain at least the following minimum best management practices: Appropriate BMPs will be implemented to prevent pollutant and waste sources from entering the city’s storm drain collection system that are associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surfaces, or other sources determined by the Public Works Director to have a reasonable potential to contribute to pollution of stormwater runoff.

2. Inspection, Maintenance, Repair and Upgrading of Best Management Practices. Best management practices at staffed and unstaffed facilities must be inspected and maintained by the discharger according to manufacturer specifications and/or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks. These best management practices must be maintained so that they continue to function as designed. Best management practices that fail must be repaired as soon as it is safe to do so. If the failure of a best management practice indicates that the best management practices in use are inappropriate or inadequate to the circumstances, the practices must be modified or upgraded to prevent any further failure in the same or similar circumstances.

K. Containment and Notification of Spills.

1. Notwithstanding any other requirement of law, any known or suspected spill or release of pollutants or wastes which result or may result in an illicit discharge into the city of Dublin storm drain system, waters of the United States, or waters of the state, shall be reported immediately in the following manner by any responsible person for a facility or responsible person for the facility’s emergency response:

a. The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).

b. The release of a nonhazardous waste shall be reported to the Public Works Department at 925-833-6630 no later than five p.m. (5:00 p.m.) on the same business day. If the release occurs on a weekend or holiday, notification by phone shall be made on the next business day. A written notification of the release shall also be made to the Public Works Director within five (5) business days of the release.

2. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. 9-92 § 2 (part). Formerly 7.74.100; Ord. 7-24 § 2 (Exh. A))

The city has the authority and duty to require adherence to the MRP by special districts, if the special district intends to connect to the MS4.

(Ord. 7-24 § 2 (Exh. A))