East Palo Alto Municipal Code Ch. 13.12 Stormwater Management and Discharge

Footnotes:

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Editor's note— Ord. No. 377, § 1(Exh. 1), adopted May 6, 2014, amended Ch. 13.12 in its entirety to read as herein set out. Former Ch. 13.12, §§ 13.12.010—13.12.220, pertained to similar subject matter, and derived from: Prior code §§ 7-9.01—7-9.07, 7-9.07—7-9.23; and Ord. 176 § 1 (part), 1994.

The ordinance codified in this chapter shall be known as the "City of East Palo Alto Stormwater Management and Discharge Control Ordinance" and may be so cited.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

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

A. Reducing to the maximum extent practicable non-stormwater discharges to the stormwater drainage system;

B. Controlling the discharge to the stormwater drainage system from spills, dumping or disposal of materials other than stormwater;

C. Enhancing the water quality of watercourses; water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. Sections 1251 et seq.).

To the extent there is any conflict between the provisions of this chapter and any of the provisions found in chapters in Title 8 of this Code, the provisions of this chapter shall apply.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. Any terms defined in the federal Clean Water Act, as amended or supplemented, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may be amended) as used in this chapter shall have the same meaning as in that statute or regulations.

B. Specifically, the definitions 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, pollution and stormwater. These terms presently are defined as follows:

1. "Discharge" means: (1) any addition of any pollutant to navigable waters from any point source; (2) 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; or (3) any supplemental runoff which increases the total volume or rate of stormwater runoff from any activity or development. Consider dropping supplemental water until after MRP update.

2. "Illicit discharge" means any discharge to the city storm drain system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities or exempted under Section 13.12.090, Exceptions to discharge prohibitions.

3. "Pollutant" means dredged soil, solid waste, concrete, incinerator residue, sewage, litter, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, automotive-related wastes, wrecked or discarded equipment, rock, sand, cellar dirt or industrial, municipal or agricultural waste, air conditioning condensate, copper, mercury, or other metals, pesticides, trash, chemically treated drinking water, or any other material other than stormwater being discharged.

4. "Pollution" means the manmade or man-induced alteration of the chemical, physiological, biological or radiological integrity of the water.

5. "Stormwater" means stormwater runoff, snow melt runoff and surface runoff and drainage, excluding supplemental runoff.

6. "Supplemental runoff" means any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of the ordinance codified in this chapter.

C. When used in this chapter, the following words shall have the meanings ascribed to them in this section:

1. "Authorized enforcement official" means the city manager or designee who is authorized to enforce the provisions of this chapter.

2. "Best management practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures or other management practices to prevent or reduce the discharge of pollutants or supplemental runoff 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.

3. "City" means the City of East Palo Alto.

4. "City storm drain system" means and includes, but is not limited to, those facilities within the city 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) as defined at 40 CFR Section 122.2.

5. "Non-stormwater discharge" means any discharge including supplemental runoff that is not entirely composed of stormwater.

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

7. "Watercourse" means a natural stream, creek or manmade, uncovered channel through which water flows continuously or intermittently.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

Water from city drains flows into watercourses, such as the San Francisquito Creek. This chapter shall be administered for the city by the city manager or designee. Storm drain facilities and/or watercourses which are owned, operated or maintained by a public agency other than the city are the legal responsibility of such agency and that agency bears the responsibility for enforcing the provisions of this chapter with respect to those facilities and watercourses. Pollution sources which originate within the boundaries of the City of East Palo Alto are within the jurisdiction of the city to address.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act, as amended or supplemented, applicable implementing regulations and whatever is the most current NPDES permit applicable to the city.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. It is the intent of this chapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this chapter to prohibit all economically viable uses of any private lands, nor to result in a confiscatory impact. Accordingly, the purpose of this section is to provide for an administrative procedure for a waiver or modification of a particular provision of this chapter in the event the strict application of this chapter would result in the denial of all economically viable use of real property.

B. An applicant for a waiver of a provision of this chapter shall file a waiver application with the director of community development on a form provided by the director identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the director to determine whether application of the provision in question will prohibit any economically confiscatory result.

C. The city manager or designee may approve, deny or conditionally approve a waiver application upon making all of the following written findings:

1. That the strict application of the provision for which a waiver or modification is sought would result in the denial of all economically viable use of the real property in question;

2. To the maximum extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this chapter as closely as possible while still allowing economically viable use of the real property in question; and

3. Approval of such a waiver will not result in a public nuisance which would constitute a significant and direct threat to public health or safety.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. It is unlawful to cause, allow, or permit to be discharged, any discharge not composed entirely of stormwater to the storm drain system or to surface waters or to any location where it would contact or eventually be transported to surface waters, including floodplain areas, unless specifically called out in the municipal regional permit as an exempt or conditionally exempt discharge.

B. It is unlawful to cause or allow discharges including, but not limited to pool water, car wash water, ongoing and large-volume landscape irrigation water, sediment, stockpiled material, rubbish, refuse, bark, sawdust, solid wastes or hazardous materials to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters or watercourses.

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.

D. The discharge of non-stormwater discharges to the city storm drainage system is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge and this chapter. Any non-stormwater discharge that is not allowed under a NPDES permit or this chapter is in illicit discharge. It is prohibited to commence or continue any illicit discharges to the city storm drain system. Establishment, maintenance or continuation of any illicit discharge and appurtenant connection to the city storm drain system is prohibited. 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.

E. Allowable discharges to the storm drain system shall not cause any impairment in the beneficial uses or quality of water of the state as defined in the California Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region or to injure or interfere with the operation of the state's watercourses. City may, from time to time, by resolution of the city council adopt supplementary policies, rules and regulations on discharge into any storm drain or watercourse which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable.

F. Separately permitted discharges regulated under a valid facility-specific NPDES permit or facility-specific regional water quality control board waste discharge requirements permit, not including a state general permit, shall be regulated exclusively by the regional water quality control board and are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the board. Stormwater discharges at a facility with a facility specific permit which only addresses process discharges or non-stormwater discharges are not exempted.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

The following discharges are exempt from the prohibition set forth in Section 13.12.070 above:

A. Any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state 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 or supplemental runoff to waters of the United States when properly managed: water line flushing and other discharges from untreated groundwater sources, rising groundwaters, groundwater infiltration into separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, natural springs, individual residential car washings, flows from riparian habitats and wetlands, or flows from firefighting and other emergency response activity. Accordingly these activities are not subject to the prohibition on discharges, unless determined to be a nuisance pursuant to Chapter 8.08 of the East Palo Alto Municipal Code or other applicable law.

C. Exemptions Not Absolute. Any discharge category (exempt or conditionally exempt) that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm drain system, or shall be subjected to a requirement to implement additional best management practices to reduce pollutants in the discharge to the maximum extent practicable. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. The schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate best management practices operational.

D. Non-Stormwater Discharge. This prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. The authorized enforcement official may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system upon approval by the Executive Officer of the San Francisco Bay Regional Water Quality Control Board.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

Any discharge that would result in or contribute to a violation of the applicable NPDES permit, the terms of which are incorporated by reference and which is on file in the office of the city clerk, and any amendment, revision or reissuance of it, 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.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

All persons shall provide protection from accidental discharge of non-stormwater into any storm drain or watercourse. Measures to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's or property owner's expense. Any person engaged in activities which will or may result in pollutants or supplemental runoff entering the city storm drain system shall undertake all practicable measures to reduce such pollutants or supplemental runoff. Examples of such activities include ownership and use of facilities which may be a source, such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. Examples of supplemental runoff include calculated hydrologic increases in stormwater runoff resulting from an increase in impervious surfaces due to construction or development, diversion of stormwater runoff from naturally occurring tributaries, discharge of stormwater detained through the use of detention facilities designed to change the rate of stormwater flow from a development, or alteration of site runoff characteristics due to impervious pavements, structural modifications or landscaping alterations. The following minimal requirements shall apply:

A. Littering. 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 or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, watercourse, 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 a manner lawfully established for the disposal of garbage, refuse and recyclables.

1. 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 as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or supplemental runoff to the city storm drain system. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or street, but shall be disposed of in a receptacle maintained on the property as required for the disposal of garbage, refuse or recyclables.

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

3. The city manager may authorize the disposal of organic or nonorganic waste as permitted by general law.

B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure having impermeable surfaces shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or supplemental runoff to the city storm drain system.

C. Best Management Practices for Development and Construction. Any construction contractor performing work in the city shall implement CASQA or Caltrans best management practices to ensure stormwater protection. The city is required to establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as necessary to minimize the discharge and transport of pollutants or supplemental runoff.

D. Compliance with Best Management Practices. When best management practices, plans, programs, guidelines or requirements have been adopted by any federal, state, regional entity or the city for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination and/or discharge of non-stormwater or supplemental runoff drop to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such plans, programs, guidelines or requirements as may be identified by the city.

E. Compliance with General Permits. 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, comply with, and undertake all activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

New and in-fill projects shall incorporate stormwater treatment measures and site design techniques to minimize stormwater runoff pollution. New and in-fill redevelopment projects shall conform to the following:

A. Best Management Practices (BMPs) for New Developments and In-Fill Projects. Any construction contractor performing work in the city shall implement erosion control measures on-site to retain all debris, dirt and pollutants, and prevent the pollutants from flowing into the city's storm drain system. The city manager or designee may adopt regulations establishing controls on the volume and rate of stormwater runoff from new developments and in-fill projects as appropriate to minimize the discharge and transport of pollutants.

B. Impervious Areas. Parking lots and other impervious areas shall be designed to drain stormwater runoff to vegetated draining swales, filter strips, landscaping or other approved treatment devices prior to the discharge into the storm drain systems.

C. Surfacing. Off-street parking, loading and driveway areas: (1) shall be paved with permeable material, asphalt or Portland cement; and (2) except for single-family and two-family developments on individual lots, shall be bounded by concrete curb six inches in height. The area shall be graded and drained to dispose of all surface water accumulated within the area. Guidance regarding to where surface water shall drain may be found in the city's urban runoff standard conditions of approval. Directly connected impervious surfaces shall be minimized.

D. Operation and Maintenance Agreements. All projects incorporating post-construction stormwater treatment controls (e.g., vegetated swales, filter strips, detention ponds, etc.) shall develop, execute and record an operation and maintenance plan for each type of control measure or device that outlines specific maintenance activities, including vector control, required for optimal performance of said post-construction stormwater treatment control. The operation and maintenance agreement shall run with the land, and shall be recorded in the office of the San Mateo County Clerk-Recorder.

E. Pedestrian Networks. The use of alternative materials for on-site walkways such as pervious concrete, decomposed granite, etc., rather than conventional walkways shall be encouraged for pedestrian networks, provided they meet disabled access requirements.

F. Rooftop Runoff. Runoff areas shall drain through disconnected roof leaders and/or front yard bubblers that discharge to landscaped, vegetated or other runoff treatment areas and are properly located to prevent erosion of landscaped materials.

G. Hydrograph Modification Management Plan (HMP). Post-construction flow shall not exceed predevelopment discharge, as required by the NPDES permit and to the extent practicable.

H. Stenciling. All storm drain inlets shall be stenciled "No Dumping - Drains to Bay" using thermoplastic. Alternative inlet stencils or marking may be permitted, subject to city approval during plan check review.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. All applications for any city permit or approval required for land disturbance activities, construction, or development for any regulated project subject to this chapter must include a stormwater management plan.

B. The stormwater management plan shall be accompanied by plans and related documentation demonstrating how the requirements of this chapter will be met, and the permit or approval shall not be granted unless the authorized enforcement official determines that the plan complies with the requirements of this chapter.

C. At the discretion of the authorized enforcement official, the stormwater management plan shall include, but is not limited to, the following:

1. Name and address of regulated project;

2. Responsible operator(s) of each treatment system and hydromodification (HM) control (if any);

3. A description of activities and pollutant sources;

4. Specific descriptions of the locations (or a map showing locations) of the installed stormwater treatment system(s) and HM controls (if any);

5. Description of the type and size of the installed stormwater treatment systems and HM controls, if applicable;

6. Description of applicable operation and maintenance procedures, including recommended inspections, for all structural best management practices/installed stormwater treatment systems, as recommended by the manufacturer or as referenced in the CASQA Stormwater Best Management Practice Handbook;

7. Description of record keeping and internal procedures to ensure documentation and verification of applicable operational maintenance procedures. These records shall remain available for a period of at least three years;

8. A completed stormwater management plan data form;

9. A copy of the required third party certification for the regulated projects adherence to the numeric sizing criteria for stormwater treatment systems; and

10. Property owners shall ensure that on-site, joint, or off-site stormwater treatment system(s) and HM controls installed to meet the requirements for regulated projects are properly operated and maintained for the life of the project.

D. In cases where the property owner for a stormwater treatment system or HM control has worked diligently and in good faith with the appropriate state and federal agencies to obtain approvals necessary to complete maintenance activities for the treatment system or HM control, but the approvals are not granted, the property owner will be considered to be in compliance with subsection C.(10).

E. Constructed wetlands installed by regulated projects for urban runoff treatment shall abide by the San Francisco Bay Regional Water Quality Control Board's Resolution No. 94-102: Policy on the Use of Constructed Wetlands for Urban Runoff Pollution Control and the operations and maintenance requirements contained therein.

F. An authorized enforcement official may require a discharger who has previously received approval of a stormwater management plan, to prepare and submit a revised stormwater management plan for approval if any of the following occurs:

1. The project was not constructed according to the approved plans; or

2. The plan as constructed is not adequate for the site; or

3. The site is not adequately maintained; or

4. Is a significant source of contaminants to the storm drain system.

G. The revised stormwater management plan shall identify the stormwater treatment controls, best management practices, and/or HM controls that will be used by the discharger to prevent or control pollution of stormwater to the maximum extent practicable.

H. If the activity at issue is a construction or land disturbance activity, the revised plan submitted to the city shall at a minimum meet the requirements of the statewide NPDES construction general permit Order 2009-0009 DWQ.

I. Whenever submission of a stormwater management plan or a revised stormwater management plan is required pursuant to this chapter, any authorized enforcement staff may use the CASQA Stormwater BMP Handbook to assess the adequacy of the proposed plan.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

Except as modified or improved by the city, watercourses shall be maintained by adjacent property owners in a manner consistent with this chapter such that stormwater flow is allowed to pass freely through a watercourse without obstruction. Watercourses shall include the entire riparian area of annual and ephemeral creeks, streams, channels and drainage ditches. The following provisions shall apply to protection of watercourses:

A. 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 free of trash, debris, excessive vegetation and other materials which would pollute, contaminate, obstruct or significantly retard the flow of water through the watercourse. Any structures that are privately owned within or adjacent to a watercourse shall be maintained by the property owner so that the function and physical integrity of the watercourse is maintained and so that the structures do not become a hazard to the use of the watercourse.

B. Healthy bank vegetation shall not be removed beyond that necessary for routine maintenance. Watercourse vegetation and erosion control facilities shall be maintained to prevent erosion of the watercourse and sedimentation of downstream portions of the watercourse.

C. Any person planning a construction or maintenance activity that has the potential to cause erosion and sedimentation of a watercourse shall first apply for and be granted a grading permit from the city pursuant to the city grading ordinance at Chapter 15.48 of the East Palo Alto Municipal Code. Specific best management practices shall be applied to any such activity which mitigates the potential for erosion and sedimentation in accordance with policies and practices established by the department of public works.

D. It shall be a violation of this chapter for any person to engage in any of the following activities without first having obtained an approved grading permit from the city pursuant to the city grading ordinance (Chapter 15.48):

1. Construct, alter, dam, divert or bridge any watercourses within the city; or

2. Damage, remove, disturb or destroy any improvements, structures, erosion control or sedimentation facilities within a watercourse; or

3. Remove, mine, dredge or excavate any sand, gravel, soil or material of any kind from any watercourse. Any person desiring to remove an accumulation of sediment from a watercourse shall obtain a grading permit in accordance with the provisions of this chapter and the East Palo Alto Grading Ordinance.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. All projects must install full trash capture devices to collect litter and debris from their project site, prior to connecting to the storm drain collection system. Full trash capture devices that have been approved as meeting the standards set by the San Francisco Bay Regional Water Quality Control Board will be deemed as satisfactory for meeting this requirement.

B. Installed full capture trash devices must be maintained by the property owner for the life of the project, following the manufacturer's recommendations for maintenance.

C. It is a violation of this chapter for any land owner to fail to properly operate and maintain any full capture trash device installed on the owner's property.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. Violations.

1. It is unlawful for any person to sweep, throw, deposit, place, or drop without picking up, any litter into or upon any public street, way, sidewalk, parking lot or other public place, or in or upon private property in the city into or upon which the public is admitted by easement or license.

2. It is unlawful for any person to throw or deposit litter in any fountain, pond, creek, stream or other body of water in a park or elsewhere within the city.

3. It is unlawful for any person to collect any garbage, mixed recyclables, or other materials from public or privately authorized outdoor receptacles, kept or accumulated within the city, unless such person is an agent or employee of the city acting within the course and scope of his or her employment, or is acting pursuant to a franchise awarded by the city to act as garbage collector.

4. It is unlawful for any person to throw or deposit litter on any occupied private property within the city, whether owned by such person or not.

5. It is unlawful for any person to throw or deposit litter on any open or vacant private property within the city whether or not the property is owned by such person.

6. It is unlawful for any person to drive or move any open vehicle or trailer within the city unless there is a tarp over the contents or the material is constructed and loaded so as to ensure that all litter is prevented from being blown or deposited upon any street, alley or other public or private place.

7. It is unlawful for any person to park a vehicle or trailer or to place any equipment or other materials in the public right-of-way that blocks or impedes the ability of the city to sweep the street and gutter on the designated day.

B. Collection and Maintenance.

1. Persons placing material intended for disposal or recycling in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being scattered, carried or deposited by the elements or animal scavengers upon any street, sidewalk, parking lot, creek, park or other public or private place.

2. Persons placing material intended for disposal or recycling in any public or privately authorized outdoor receptacle shall ensure that the lid is left completely closed. The over-filling of any outdoor receptacle intended for, but not limited to, trash, compostable organics and recyclables, in a manner that does not allow the lid to be completely closed is prohibited. The lid of a residential yard waste bin may be left partially open so long as the greater part of the yard and tree trimmings are contained if it is necessary to leave the lid partially open due to the branches or limbs not fitting completely into the bin with the lid closed. Yard waste bins containing food waste must be left with lids completely closed when not being serviced.

3. Uncontained large items originating from single-family homes that will not fit into a receptacle may be placed at the curb for scheduled collection within twenty-four (24) hours of such collection by an agent or employee of the city or by the awardee of a franchise by the city to act as garbage and recycling collector.

4. Persons owning or occupying property shall maintain the premises, including the perimeter and the sidewalk in front of their premises, free of loose litter.

5. Persons sharing receptacles placed outside of retail areas for public use must also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.

C. Exceptions. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers of general circulation as defined by general law, nor any periodical or current magazine regularly published; provided, however, that no newspaper shall be thrown, deposited or distributed upon any premises where the owner or inhabitant thereof shall have previously advised, in writing, the publisher or distributor of such newspaper not to do so; and no newspaper shall be thrown, deposited or distributed upon any premises where two or more editions of the same newspaper remain unclaimed by the owner or occupant thereof.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. 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 is occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises is 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.

B. Any such request for entry and inspection 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 except as permitted for emergency or open space inspections. 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.

C. In any circumstance where there appears an immediate threat to the public health or safety, any authorized enforcement officer may enter any structure or premises without the consent of any person or court process.

D. In any circumstances when it is necessary for the purposes of investigating or enforcing the provisions of this chapter, any authorized enforcement officer may enter open space areas without forcing entry. The officer may enter such premises at any time to inspect them, or to perform any duty imposed by law.

E. 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 stormwater contamination, discharge of non-stormwater to the stormwater system or similar factors.

1. 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 with the consent of the owner or occupant or pursuant to a search warrant. Emergency or open space inspections same question and samplings may be conducted by any authorized enforcement officer without the consent of the owner or occupant and without a search warrant. During all inspections, 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. Unauthorized tampering, destruction or other interference with a sampling or monitoring device shall constitute a misdemeanor.

2. 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 that may result in pollutants or non-stormwater discharges entering the city storm drain system, such person shall take all necessary steps to ensure the discovery, containment and clean up of such release and shall immediately notify the department of community development by telephone and East Palo Alto dispatch at 911 followed by a written confirmation of the notification within five days to the "City of East Palo Alto, Department of Community Development, 2415 University Avenue, East Palo Alto, CA 94303, Attention: Director of Community Development."

3. 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 an illicit discharge and/or discharge of non-stormwater to the stormwater system undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested and shall bear all related costs. 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 the benefits to be obtained.

4. In the event the owner or operator of a facility subject to a testing or monitoring order fails to conduct required monitoring, analyses and reports in the form required, the authorized enforcement officer may cause such testing, monitoring and analyses to be performed and the cost thereof, including the reasonable additional administrative costs incurred by city shall be the obligation of the owner or operator and may be recovered by the city.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. Unless otherwise specified by ordinance, it is a misdemeanor for any person to wilfully and knowingly violate any provision of this chapter or fail to comply with any of the mandatory requirements of this chapter. However, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

B. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in Cal. Gov't Code § 36901.

C. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Cal. Gov't Code § 36900.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm corporation or organization and shall be punishable accordingly as provided in this chapter.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater 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.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

In addition to the penalties provided above, if any condition caused or permitted to exist in violation of any of the provisions of this chapter or orders of the authorized enforcement official is a threat to the public health, safety and welfare and is declared and deemed a nuisance that may be summarily abated and/or restored by any authorized enforcement official, then the city attorney may take civil action to abate, enjoin or otherwise compel the cessation of such nuisance in accordance with Chapter 8.08.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

In addition to any other remedies provided in the East Palo Alto Municipal Code, any violation of the provisions of this chapter may be enforced by civil action brought by the city, including any or all of the 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 section;

C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation, including reasonable attorney's fees and court costs;

D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this section shall be paid to the city to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official who determines a violation exists has the authority to utilize administrative remedies, including issuing a notice to abate that will describe the actions that must be taken in order to comply with this chapter.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

A. Whenever an authorized enforcement official finds any material, container, debris or equipment of any kind in or upon the street or sidewalk abutting or adjoining any parcel of land or upon any parcel of land that may result in an increase of pollutants in the storm sewer system or non-stormwater discharges, the official may issue a notice to abate for removal of the pollutant in a manner that the official may reasonably require. The recipient of such notice shall undertake the activities as described in the notice.

B. The notice shall specify the East Palo Alto Municipal Code section or state or federal statute violated and state the facts constituting the nuisance. The notice shall specify the corrective action required, including temporary corrective actions when appropriate. The notice shall advise the property owner that failure to correct the nuisance will result in the city's abating the nuisance and collecting the charges by billing or by lien on the property. The notice shall advise the owner and operator he/she must either correct the nuisance or request a hearing in order to avoid city abatement and liability for costs of abatement. The notice shall advise the owner and operator that failure to appeal shall constitute a waiver of the right to administrative hearing to contest the existence of the nuisance.

C. The authorized enforcement officer may, as necessary, cause at least one copy of the notice bearing title letters at least one-inch high reading "NOTICE TO ABATE NUISANCE" to be conspicuously posted on the property.

D. Any nuisance which the authorized enforcement officer determines is imminently dangerous to the life, limb, health, or safety of the occupants of the property or to the public in general may be summarily abated. Actions taken to abate imminently dangerous property nuisances may include, but are not limited to, correction or removal of the condition creating the danger and/or the restriction from use of the property on which the dangerous condition exists or any other abatement action determined by the authorized enforcement officer to be necessary. Summary abatement actions taken by the authorized enforcement officer shall be fully documented prior to or contemporaneously with abatement. Documentation shall include photograph and/or drawings of the condition and a written statement by the authorized enforcement officer or other first-hand witnesses as to the circumstance, condition, or occurrence constituting the nuisance.

E. Whenever the authorized enforcement officer determines that summary abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the authorized enforcement officer shall give immediate written notice to the property owner and personal notice to the occupant of the premises as to the nuisance. If the property owner fails to take prompt appropriate action to abate the nuisance, the authorized enforcement officer may proceed to take abatement action authorized in this chapter to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing. Once summary abatement action has been completed, the property owner may contest the need for and cost of abatement action.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

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 in this chapter shall be cumulative and not exclusive.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

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 and other applicable laws, including the prohibitions on non-stormwater discharges and the requirement to reduce stormwater pollutants to the maximum extent practicable.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)

The city council may adopt, establish and provide for the collection of fees, charges and assessments to defray the cost of the stormwater management program and its enforcement including, but not limited to:

A. Fees for the reimbursement of the costs to establish, operate and conduct stormwater inspection, monitoring and compliance with this chapter;

B. Fees for NPDES permit applications and compliance with NPDES program requirements, including the filing of appeals related to this chapter;

C. Fees for stormwater discharges into the city storm drain system;

D. Fees for city functions consistent with NPDES requirements, including street sweeping, capital improvements, storm drain system clean up and maintenance;

E. Administrative, engineering and public service fees related to the management, operation and execution of NPDES permit and program requirements; and

F. Development fees for compliance with construction and development best management practices.

These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties which may be charged by the city.

(Ord. No. 377, § 1(Exh. 1), 5-6-2014)