Fremont Municipal Code Art. II Discharge Regulations and Requirements

The standards established by this chapter are minimum standards, and do not imply that compliance by any discharger will ensure that there will not be contamination, pollution, nor unauthorized discharge of pollutants. This chapter shall not create liability on the part of the city or any city employee for any damages that result from any discharger’s reliance on this chapter or any lawful administrative decision. (Ord. 01-2021 § 1, 2-2-21.)

(a) General Prohibition. Any discharge to the storm drain system not composed entirely of stormwater is prohibited, except as set forth in this chapter.

(b) 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.

(c) Categorically Allowed Discharges. Discharges categorically allowed in the NPDES stormwater permit and described in provision C.15, exempted nonstormwater changes (Exempted Discharges), are exempt from discharge prohibitions provided all specified conditions are met.

(d) Conditionally Exempted Discharges. Discharges specifically permitted in the NPDES stormwater permit and described in provision C.15, Conditionally Exempted Non-Stormwater Discharges, are exempt from discharge prohibitions provided all specified conditions are met.

(e) Exemptions Not Absolute. Any discharge category described above 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.

(f) Nonstormwater Discharge. The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES stormwater permit, waiver, or waste discharge order issued to the discharger and administered by the San Francisco Bay Regional Water Quality Control Board or 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.

(g) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, organic debris, 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 structures, 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 refuse containers or in lawfully established waste disposal facilities. The occupant or tenant, or, in the absence of occupant or tenant, the owner, lessee, or proprietor, of any real property in the city of Fremont in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.

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

(i) Notification of Intent and 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.

(j) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, or regional agency, and/or the city of Fremont, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be prescribed by the city manager. (Ord. 01-2021 § 1, 2-2-21.)

(a) The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited.

(b) The authorized enforcement official may, by written notice, require a person responsible for an illegal connection to the storm drain system to eliminate or to secure approval for the connection within a specified time.

(c) 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. (Ord. 01-2021 § 1, 2-2-21.)

It is unlawful to knowingly make or present to the city any false statement, representation, record, report, plan or other document, with regard to any requirements of this chapter. (Ord. 01-2021 § 1, 2-2-21.)

Any discharge that would result in or contribute to a violation of the NPDES stormwater 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 in any administrative or judicial enforcement action relating to such discharge. 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. (Ord. 01-2021 § 1, 2-2-21.)

Any person subject to an industrial or construction activity general NPDES stormwater permit shall comply with all provisions of such permit. Proof of compliance may be required in a form acceptable to the authorized enforcement official prior to or as a condition of the approval of a subdivision map, site plan, building permit, development or improvement plan; upon inspection of the facility; and/or during any enforcement action. (Ord. 01-2021 § 1, 2-2-21.)

All applicants for permits pertaining to the planning, design, and construction of all projects subject to this chapter shall design and implement stormwater best management practices so as to reduce stormwater pollution to the maximum extent practicable. Such projects shall utilize standards and guidelines set forth in the C3 Technical Guidance Manual and the CASQA Stormwater Best Management Practice Handbook, as revised, and shall incorporate the numeric sizing criteria for best management practices set forth in this chapter. (Ord. 01-2021 § 1, 2-2-21.)

(a) New Development and Redevelopment Projects. Certain new development and redevelopment projects are required to implement construction site control, permanent source control, site design and stormwater treatment, and hydromodification management measures to address stormwater runoff pollutant discharges and prevent increase in runoff flows. The categories of new development and redevelopment projects that are required to implement these requirements are identified in the Municipal NPDES permit.

Applicants for new development and redevelopment projects shall select, design and implement construction site control, permanent source control, site design and stormwater treatment and hydromodification management measures to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of following documents:

(1) NPDES stormwater permit.

(2) Alameda Clean Water Program C3 Technical Guidance Manual.

(3) City of Fremont stormwater control plan guidance manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available for review on the city’s website.

No person or persons shall develop or redevelop property, or construct, remodel, build, alter, modify or expand any structures or paved areas in any manner which fails to comply with the requirements of this chapter, and the NPDES stormwater permit.

(b) Storm Drain Markers. All developed property shall install and maintain “No Dumping Drains to Bay” markers on storm drains. Markers are determined by the city and can be purchased from the city of Fremont environmental services division. (Ord. 01-2021 § 1, 2-2-21.)

(a) On-Site Low Impact Development Measures. All regulated projects shall implement low impact development on-site source control measures and low impact development site design strategies as set forth in the NPDES stormwater permit.

All regulated projects shall design stormwater treatment measures to meet the hydraulic sizing criteria as set forth in the NPDES stormwater permit, C3 Technical Guidance Manual, and SCP guidance manual. All regulated projects requiring planning approval must use the four percent sizing methodology for the design of all stormwater treatment measures. If a project’s site design precludes it from using the four percent sizing, it can opt to use the flow-volume combination sizing (with a three percent minimum of the effective impervious area) if it provides construction level drawings that show the constructability of the stormwater treatment measures. Use of infiltration devices in stormwater treatment systems is limited as set forth in the C3 Technical Guidance Manual and the SCP guidance manual.

(b) Bubble Up Systems. Bubble up systems or pop-up emitters are discouraged to the maximum extent practicable and are only allowed when a project has met the sizing requirements set forth in the SCP guidance manual.

(c) Permeable Pavement Design Guidelines. The design of any permeable pavement areas as part of a regulated project must meet the guidelines of the C3 Technical Guidance Manual and the SCP guidance manual.

(d) Alternate Compliance Off-Site Low Impact Development Treatment. Notwithstanding the provisions of subsection (a) of this section, the authorized enforcement official may, in accordance with the NPDES stormwater permit, authorize a regulated project to provide alternate compliance by treating a portion of the project’s stormwater runoff with LID treatment measures at an off-site project in the same watershed. The applicant must request approval for use of an alternate compliance off-site project location prior to approval of a tentative subdivision map, or, if there is no subdivision map, prior to approval of a building permit for the regulated project. In order to request approval for alternate compliance, the applicant must identify the proposed off-site project location, demonstrate to the satisfaction of the authorized enforcement official that the site is appropriate for use as a LID treatment site, and provide evidence that it has obtained the rights to use the off-site project location and that the off-site project will be constructed within the time frames specified in the NPDES stormwater permit. (Ord. 01-2021 § 1, 2-2-21.)

(a) Regulated projects that are designated as hydromodification management projects under the NPDES stormwater permit criteria shall demonstrate that the project will not cause an increase in stormwater runoff flow and volume rates and durations over the pre-project existing condition based on the design criteria set forth in the municipal NPDES permit. Hydromodification management projects shall implement on-site hydromodification controls unless a regional hydromodification control is available to control all or a portion of the project runoff or the project qualifies to use an instream alternative hydromodification control measure to control all or a portion of the project runoff.

(b) Notwithstanding the provisions of subsection (a) of this section, the authorized enforcement official may, in accordance with the NPDES stormwater permit, authorize a regulated hydromodification management project to use alternate compliance methods to meet project hydromodification management requirements. The applicant must request approval for use of alternate compliance prior to approval of a tentative subdivision map, or, if there is no subdivision map, prior to approval of a building permit for the hydromodification management project. In order to request approval for alternate compliance, the applicant must demonstrate that all NPDES stormwater permit impracticability provisions have been satisfied. (Ord. 01-2021 § 1, 2-2-21.)

All new development and redevelopment projects subject to planning, building, development, or other comparable reviews by the city, but not meeting the definition of “regulated project,” are required to include adequate site design measures that include minimizing land disturbance and impervious surfaces. These may include clustering of structures and pavement; directing roof runoff to vegetated areas, use of micro-detention, including distributed landscape-based detention of stormwater, and/or restoration of riparian areas or wetland as project amenities. (Ord. 01-2021 § 1, 2-2-21.)

At the discretion of the authorized enforcement official or designee, all development projects may be required to install full trash capture devices to collect litter and debris from their project (including any off-site improvements).

(a) Full trash capture devices to be installed as part of the on-site improvements for a project must be approved as meeting the standards set by the California State Water Resources Control Board. A list of approved devices and their manufacturers shall be available on the city’s website. Installed full capture trash devices will be maintained by the property owner for the life of the project, following the manufacturer’s recommendations for maintenance.

(b) Full trash capture devices to be installed as part of any off-site improvements for a project must be per the city standard detail specifications. (Ord. 01-2021 § 1, 2-2-21.)

Each application for a regulated project shall be accompanied by a stormwater control plan that meets the criteria in the NPDES permit and the design guidelines detailed in the most recent Clean Water Program C3 Technical Guidance Manual. Any guidelines, design standards, or requirements that are specific to the city of Fremont can be found in the stormwater control plan guidance manual. The stormwater control plan shall demonstrate how stormwater flows on the site will be controlled, managed and treated in accordance with the requirements of this chapter. The stormwater control plan must be approved by the authorized enforcement official or designee prior to final subdivision map approval, if applicable, or the issuance of any other permit or approval. (Ord. 01-2021 § 1, 2-2-21.)

The authorized enforcement official shall require a signed certification from a civil engineer or a licensed architect or landscape architect registered in the state of California that the numeric sizing for stormwater treatment systems and/or hydromodification management (HM) facilities meets the hydraulic sizing design requirements of this chapter and the established criteria of the NPDES stormwater permit. Each certifying person shall establish to city’s satisfaction that such person has been trained on best management practice design for water quality not more than three years prior to the signature date, and that each certifying person understands the groundwater protection principles applicable to the project site. Any consultant hired to design and/or construct a stormwater treatment system for a regulated project shall not be the certifying person for the project. Training conducted by an organization with stormwater treatment best management design expertise, such as a university, the American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, California Water Environment Association, Bay Area Stormwater Management Agencies, National Association of Flood and Stormwater Management Agencies, California Stormwater Quality Association, or the equivalent, may be considered qualifying. (Ord. 01-2021 § 1, 2-2-21.)

Except as this chapter may specifically exempt, every best management practice required to be implemented in new development or redevelopment shall not, by its construction, operation, maintenance, or lack thereof, lead to or cause flooding. (Ord. 01-2021 § 1, 2-2-21.)

In order to protect groundwater from pollutants that may be present in urban runoff, treatment best management practices that function primarily as stormwater infiltration devices, with no underdrain, must comply with design standards specified in the C3 Technical Guidance Manual. (Ord. 01-2021 § 1, 2-2-21.)

Prior to the issuance of any permit for land development activity, regulated projects shall develop and execute an operations and maintenance agreement for the development project location which identifies the stormwater management measures installed and the O&M maintenance actions to be conducted in perpetuity to ensure these function as intended over time. The O&M agreement shall run with the land and shall be recorded in the office of the Alameda County clerk-recorder. Provisions in the stormwater management measures operations and maintenance agreement are fully enforceable by law.

The O&M agreement must be entered into between the property owner and the city (i.e., not the tenant). Responsibility for the operation and maintenance of the stormwater management facilities shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. (Ord. 01-2021 § 1, 2-2-21.)

(a) Construction Phase Inspections. The city requires inspections of stormwater management facilities during the construction process to verify proper installation. The development project will not receive final permit or improvement plan approval without obtaining approval by the authorized enforcement official.

(b) Certificate of Compliance. Development projects may be required to provide to the environmental services division a certificate of proper installation of stormwater management facilities. The certificate must be signed and stamped by a professional engineer or landscape architect and be received prior to the project receiving final permit or improvement plan approval.

(c) As-Built Plans. All applicants are required to submit as-built plans for any permanent stormwater management facilities after final construction is completed, if construction deviated from the approved plans. The plan shall show the final design specifications for all stormwater management facilities and shall be stamped by a registered professional engineer. A final inspection by the city of Fremont environmental services division is required prior to the development project receiving final permit or improvement plan approval.

(d) Inadequacy of the System. If a stormwater management facility is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the approved stormwater management plan, it shall be corrected by the applicant before the development project receives final permit or improvement plan approval. If the applicant fails to act, the city may use the performance bond to complete the work. (Ord. 01-2021 § 1, 2-2-21.)

Regulated projects must perform maintenance of stormwater management facilities in accordance with the stormwater management measures operation and maintenance agreement. Stormwater management facilities installed in developments which do not have a stormwater management measures operations and maintenance agreement must be maintained as required by the manufacturer’s guidelines and/or to ensure intended functioning of the facility(ies). Enforcement action may be taken for failure to meet any of the requirements of the stormwater management measures operations and maintenance agreement consistent with the city’s enforcement response plan. (Ord. 01-2021 § 1, 2-2-21.)

The city has the authority and duty to require adherence to the NPDES stormwater permit for special districts, if the special district intends to connect to the municipal separate storm sewer system. (Ord. 01-2021 § 1, 2-2-21.)

The C3 Technical Guidance Manual and CASQA Stormwater Best Management Practice Handbook are incorporated by reference into this chapter as may be amended from time to time. (Ord. 01-2021 § 1, 2-2-21.)

(a) Responsibility to Implement BMPs. Any person or commercial enterprise engaged in activities or operations or owning or occupying facilities or property which will or may result in pollutants entering the municipal separate storm sewer system or receiving waters shall implement BMPs to prevent and reduce such pollutants. (Ord. 01-2021 § 1, 2-2-21.)

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, bank or riparian areas located on the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; 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; and shall not remove healthy bank or riparian vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city manager or designee:

(a) Discharge into or connect any pipe or channel to a watercourse;

(b) Modify the natural flow of water in a watercourse;

(c) Carry out development within 30 feet of the center line of any creek or 20 feet of the top of a bank, whichever is greater or if the development is located above the toe of the hill then 200 feet from the center line of a creek, unless provided otherwise in this title;

(d) Deposit in, plant in, or remove any material from a watercourse, including its banks, except as required for necessary maintenance;

(e) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse or if the development is located above the toe of the hill then 200 feet from the center line of a watercourse, unless provided otherwise in this title; or

(f) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

At the discretion of the chief building official, a permit may be withheld until the applicant has posted security in an amount satisfactory to the chief building official for either the faithful performance of the development or work or the cost of removing the development or work or otherwise reconstructing or restoring a creek to conditions existing prior to such development or work in the event of default on the part of the permittee. Said security shall be in the form of cash, a certified or cashier’s check, performance bond, or an irrevocable letter of credit.

The city manager may adopt regulations to clarify and implement the requirements of this section. (Ord. 01-2021 § 1, 2-2-21.)