Lafayette Municipal Code Ch. 5-4 Stormwater Management and Discharge Control

Footnotes:

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Editor's note— Ord. No. 628, § 1, adopted March 24, 2014, amended Chapter 5-4 in its entirety to read as herein set out. Former Chapter 5-4, §§ 5-401—5-438, pertained to stormwater pollution prevention regulations, and derived from Ord. No 477 and Ord. No. 549, 2005.

(a) The intent of this chapter is to protect and enhance the water quality in the city of Lafayette's watercourses pursuant to, and consistent with the Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.).

(b) This chapter also carries out the conditions in the city's National Pollutant Discharge Elimination System (NPDES) permit that require implementation of appropriate source control and site design measures and stormwater treatment measures for development projects.

(c) It is the purpose of the city council in enacting this chapter to protect the health, safety and general welfare of Lafayette's citizens by:

(1) Minimizing non-stormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system.

(2) Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality.

(3) Controlling the discharge to the city's stormwater system from spills, dumping or disposal of materials other than stormwater.

(4) Reducing stormwater run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.

(Ord. No. 628, § 1, 3-24-2014)

The following words and phrases when used in this chapter shall be as defined herein. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:

(a) Best management practices or "BMP" are structural devices, measures, stormwater management facilities, activities, prohibitions, or practices; general good housekeeping, pollution prevention practices, maintenance procedures, and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands.

(b) City's NPDES permit shall mean the NPDES permit issued to the city of Lafayette, Permit No. CAS612008 and any subsequent amendment, reissuance or successor to this NPDES permit.

(c) Development runoff requirements shall mean the provisions in the city's NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality.

(d) Director shall mean the public works director of the city of Lafayette or his or her designee.

(e) Enforcement officer or officer shall mean those individuals designated by the Director to act as authorized enforcement officers.

(f) Guidebook shall mean the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.

(g) Non-stormwater discharge is any addition of any pollutant to the city's stormwater system, except discharges pursuant to a NPDES permit, or discharges further exempted in Section 5-406(c) and (d) of this chapter.

(h) Pollutant shall mean any material other than stormwater including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or stormwater system.

(i) Premises shall mean any land, building, structure, facility, or installation, (including a building's grounds or other appurtenances), and adjacent sidewalks and parking strips.

(j) Responsible person shall mean the owner or occupant of any premises or who engages in or permits any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the city's stormwater system.

(k) Stormwater shall mean flow on the surface of the ground resulting from precipitation.

(l) Stormwater control plan shall mean a plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.

(m) Stormwater management facility shall mean any device that utilizes detention, retention, filtration, harvest for reuse, evapotranspiration or infiltration to provide treatment (and/or control volume, flows, and durations) of stormwater for purposes of compliance with development runoff requirements.

(n) Stormwater system is that system of facilities by which stormwater may be conveyed to any stream, watercourse, other body of water or wetlands, including flood control channels, any roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of a Publicly Owned Treatment Works ("POTW") as that term is defined in 40 CFR section 122.2.

(Ord. No. 628, § 1, 3-24-2014)

The Director or his designee shall administer this chapter for the city.

(Ord. No. 628, § 1, 3-24-2014)

This chapter shall be construed consistent with the requirements of the Federal Clean Water Act and amendments thereto or applicable implementing regulations and the city's NPDES permit.

(Ord. No. 628, § 1, 3-24-2014)

(a) In accordance with thresholds and effective dates in the city's NPDES Permit, every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the city's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.

(b) Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section.

(c) All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the Guidebook.

(d) All stormwater management facilities shall be maintained according to the Guidebook and the approved stormwater control operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the stormwater control operation and maintenance plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The stormwater operation and maintenance plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in Sections 5-417 and 5-418.

(e) For access to stormwater management facilities for inspections and maintenance, recorded covenants or easements shall be provided by the property owner for access by the city, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board.

(Ord. No. 628, § 1, 3-24-2014)

(a) The release of non-stormwater discharges to the city stormwater system is prohibited.

(b) The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the city's NPDES permit is prohibited.

(c) The following discharges are exempt from the prohibition set forth in subsection (a) above, unless determined by the director to be a source of pollutants to or from the stormwater system or to receiving waters:

(1) Any discharge in compliance with a NPDES permit issued to the discharger.

(2) Flows from riparian habitats and wetlands, diverted stream flows, flows from natural springs, rising ground waters, uncontaminated and unpolluted groundwater infiltration, single-family homes' pumped groundwater, foundation drains, and water from crawl space pumps and footing drains, and pumped groundwater from drinking water aquifers.

(d) The following discharges are exempt from the prohibition set forth in subsection (a) above if and only if the director identifies such discharge as not being a source of any pollutant to the stormwater system or to a receiving water or if control measures required by the director are implemented and discharges are in accordance with conditions, including but not limited to specific conditions, for each type of discharge set forth in Section C.15 of the city's NPDES permit: pumped groundwater from non-drinking-water aquifers; pumped groundwater from other sources, foundation drains, and water from crawl space pumps and footing drains; air conditioning condensate; planned discharges from routine operation and maintenance activities in the potable water distribution system; unplanned discharges from breaks, leaks, overflows, fire hydrant shearing, or emergency flushing of the potable water distribution system; emergency discharges of the potable water distribution system as a result of firefighting, unauthorized hydrant openings, or natural or man-made disasters; individual residential car washing; swimming pool, hot tub, spa, and fountain water discharges, and discharges from irrigation water, landscape irrigation, and lawn or garden watering.

(Ord. No. 628, § 1, 3-24-2014)

Any discharge that would result in or contribute to a violation of the city's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 628, § 1, 3-24-2014)

(a) It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the city's stormwater system, and to commence or continue any unauthorized discharges to the city's stormwater system.

(b) No discharge shall cause the following conditions, create a nuisance, or adversely affect beneficial uses of waters of the state:

(1) Floating, suspended or deposited macroscopic matter or foam;

(2) Bottom deposits or aquatic growth;

(3) Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;

(4) Visible, floating, suspended or deposited oil or products of petroleum origin; or

(5) Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption.

(Ord. No. 628, § 1, 3-24-2014)

(a) Generally. Any person owning or operating premises that may contribute pollutants to the city's stormwater system shall undertake best management practices to reduce the potential for pollutants entering the system to the maximum extent practicable. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises. Examples of best management practices include, but are not limited to, those described in publications by the United States Environmental Protection Agency, the California Water Boards, the California Stormwater Quality Association, the Bay Area Stormwater Management Agencies Association, the Contra Costa Clean Water Program, and, the city of Lafayette.

(b) Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.

(c) Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property 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 the 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 as required for the disposal of solid waste. This section constitutes an alternative procedure and shall not limit or restrict the city from the civil, criminal or administrative enforcement of this or other city ordinances in any other matter provided by law.

(d) Maintenance of Facilities and Landscaped Areas. Best management practices shall be implemented to minimize the release of pesticides, fertilizers, herbicides, and other related materials used to maintain landscaping and facilities.

(e) Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, or similar structure, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the city's stormwater system. The Director may require installation and maintenance of BMPs, devices, or facilities to prevent the discharge of trash or other pollutants from private parking lots, streets, roads, and drainage facilities into the stormwater system. Failure or refusal to comply with such requirement is prohibited and shall constitute a violation of this chapter.

(f) Construction Activities. All construction projects shall incorporate site-specific BMPs, which can be a combination of BMPs from the California BMP Handbook, Construction, January 2003, the Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices Manual, March 2003, the San Francisco Bay Regional Water Quality Control Board Erosion and Sediment Control Field Manual, 2002, the city's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the director. The director may establish controls on the rate, volume, and duration of stormwater runoff from new developments as may be appropriate to minimize the discharge and transport of pollutants.

(g) Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.

(h) Development Runoff Requirements. For each new development project subject to the development runoff requirements, every applicant will submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume, flows, and durations shall be managed in accordance with the development runoff requirements.

(i) Stormwater Pollution Prevention Plan. The director may require any business or utility in the city that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures, carried out partially or wholly out of doors.

(j) Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include, in that plan, provision for compliance with this chapter, including the prohibitions of non-stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.

(Ord. No. 628, § 1, 3-24-2014)

(a) Generally. The director shall have the authority to enter property and make an inspection to enforce and carry out the provisions of the chapter. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non-stormwater to the stormwater system, inspection of stormwater treatment and flow-control facilities for proper operation and evidence of routine and corrective maintenance, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special districts, including but not limited to the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board. The city council may by resolution establish a schedule of fees for inspections.

(b) Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any officer may establish on any property such devices as are reasonably necessary to conduct sampling or metering operations. During all authorized inspections, the officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

(c) Notification of Spills. All persons in charge of the premises or responsible for emergency response for the premises have a responsibility to train premises' personnel and maintain notification procedures to ensure that immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the city stormwater system.

As soon as any person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the city stormwater system, such person shall take all necessary steps to ensure the detection and containment and clean up of such release and shall notify the city of the occurrence by telephoning the director. This notification requirement is in addition to and not in lieu of other required notifications.

(d) Requirement to Test or Monitor. Any officer may require that any person engaged in any activity or owning or operating any premises that may cause or contribute to non-stormwater discharges, undertake such monitoring activities or analysis and furnish such reports as the officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required.

(Ord. No. 628, § 1, 3-24-2014)

(a) The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this article shall constitute a misdemeanor, except that notwithstanding any other provisions of this article, any violation constituting a misdemeanor under this chapter may, at the discretion of the officer or city attorney, be charged and prosecuted as an infraction.

(b) Any person required to perform monitoring, analysis, reporting or corrective activity pursuant to this chapter by any officer may be informed of such decision, in writing, by a notice of violation. Any person aggrieved by the decision of the officer, may file a written appeal of the notice of violation to the director or his or her designee within ten days following the date of the notice of violation. Upon receipt of such request, the director shall request a report and recommendation from the officer and shall set the matter for hearing at the earliest practical date. At said hearing, all evidence and testimony deemed relevant and admissible by the director shall be considered, and the director may reject, affirm, or modify the officer's decision. Formal rules of evidence shall not apply. The decisions of the director shall be final. Failure to request a hearing or appear at the hearing shall constitute a waiver and failure to exhaust administrative remedies.

(c) In addition to the penalties and procedures provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a nuisance, which may be abated as provided in Chapter 8-21 Code Enforcement of this code including the assessment of the costs of abatement which may be collected at the same time and in the same manner as ordinary municipal taxes as provided by Government Code Section 38773.5, and by civil action to abate, enjoin or otherwise compel the cessation of such nuisance by the city attorney.

(Ord. No. 628, § 1, 3-24-2014)

(a) 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 California Government Code Section 36901.

(b) Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900.

(Ord. No. 628, § 1, 3-24-2014)

Every day that any violation of this chapter shall continue shall constitute a separate offense.

(Ord. No. 628, § 1, 3-24-2014)

Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 628, § 1, 3-24-2014)

Any person who violates any provision of this chapter, or the provisions of any permit issued pursuant to this chapter, or who releases a non-stormwater discharge, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the Porter-Cologne Act and may be subject to the enforcement provisions of those acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this chapter may also include notice to the violator of such potential liability pursuant to federal or state law.

(Ord. No. 628, § 1, 3-24-2014)

(a) In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any and all of the following remedies:

(1) A temporary restraining order, preliminary injunction and permanent injunction;

(2) An action for an unlawful business practice pursuant to Business and Professions Code Section 17206;

(b) In addition any person violating this chapter shall be liable for:

(1) Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation;

(2) Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;

(3) Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and implementing or enforcing the provisions of this chapter;

(4) The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan;

(5) The reasonable costs of preparing and bringing administrative action under this chapter.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced through administrative remedies, including any of the following:

(a) Stop Work Order. The director may issue a stop work order to the owner and contractors on a construction site, by posting the order at the construction site and distributing the order to all city departments whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval necessary to commence or continue construction or to assume occupancy at the site until written authorization to continue is received from the director. A cease and desist order shall accompany the stop work order, and shall define the compliance requirements.

In addition to other enforcement powers and remedies established by this chapter, an authorized enforcement officer may issue a cease and desist order:

(b) Cease and Desist Order. When an authorized enforcement officer finds that an illicit discharge has taken place or is likely to take place, the officer may issue a written order to cease and desist the illicit discharge, practice or operation likely to cause the illicit discharge and direct that a person, business, corporation or other entity subject to the cease and desist order shall comply with one or more of the following:

(1) Take appropriate immediate remedial action to stop and prevent further contamination of the city's stormwater system;

(2) Take immediate action to remove any and all contaminates from the city's stormwater system;

(3) Develop and implement an plan or controls required by the city;

(4) Comply with a time schedule for compliance.

The cease and desist order shall identify:

(1) The name of the responsible person;

(2) The date and location of the violation;

(3) A description of the violation;

(4) Actions that must be taken by the responsible person to remedy the violation;

(5) The deadline within which the required actions must be completed;

(6) Enforcement actions that may be taken by the city.

(c) Administrative Citation. Designated enforcement personnel may issue an administrative citation for any violation of this chapter as allowed by Chapter 1-9 of this code.

(d) Abatement of a Violation on Private Property. The city's authorized representatives are authorized to enter upon private property and to take any and all measures required to remediate any violation of this code. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized by this code.

(e) Requirement to Test and/or Monitor. Director or designated enforcement personnel may require that a person, business, corporation or other entity engaged in an activity or owning or operating a facility that may cause or contribute to an illicit discharge, shall monitor activity and/or undertake an analysis, and furnish a report as required. The property owner's burden including the cost of this activity, analysis and report shall bear a reasonable relationship to the need for monitoring, analysis and report and the benefit to be obtained as defined by the director.

(f) Termination of Utility Services. After lawful notice to the customer and property owner concerning the proposed disconnection, the director shall have the authority to order the disconnection of water, sanitary sewer and/or sanitation services, upon a finding by the director that the disconnection of utility services will remove a violation of this chapter that poses a public health hazard or environmental hazard.

(Ord. No. 628, § 1, 3-24-2014)

(a) Fees and charges for administration and enforcement of the provisions of this chapter shall be as specified by Chapter 1-6 of this code and as further specified herein.

(b) Any expense related to administration, enforcement and abatement pursuant to the provisions of this chapter by the city shall be fully reimbursed by the owner, business, contractor, utility company or entity.

(c) Within 90 days after abatement by city representatives, the director shall notify the property owner of the costs of abatement, including administrative costs, legal fees, and the deadline for payment. The property owner may protest the amount of the abatement cost before the city council. The written protest must be received by the city manager's office within 15 days of the date of the notification. A hearing on the matter will be scheduled before the city council. The decision of the city council shall be final.

(d) If the amount due is not paid within the protest period or within ten days following of the decision of the city council, a special assessment shall be filed against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the county clerk so that the clerk may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the treasurer shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

(Ord. No. 628, § 1, 3-24-2014)

The remedies identified in this chapter are in addition to, and do not supersede or limit, any and all other remedies, administrative, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 628, § 1, 3-24-2014)

The provisions of Code of Civil Procedure Section 1094.5 are applicable to judicial review of determinations made by the director pursuant to this chapter.

(Ord. No. 628, § 1, 3-24-2014)