Larkspur Municipal Code Ch. 9.11 Runoff Pollution Prevention

Sections: 9.11.010 Title. 9.11.020 Purpose and Intent. 9.11.030 Definitions. 9.11.040 Responsibility for Administration. 9.11.050 Construction and Application. 9.11.060 Discharge of Pollutants. 9.11.070 Discharge in Violation of Permit. 9.11.080 Illicit Discharges and Illicit Connections. 9.11.090 Reduction of Pollutants in Urban Runoff. 9.11.100 Construction Site Best Management Practices. 9.11.110 Stormwater Control Measures for New Development and Redevelopment Projects. 9.11.120 Violations Constitute a Public Nuisance – Abatement – Restoration. 9.11.130 Violations – Misdemeanors or Infractions – Punishment. 9.11.140 Violations – Civil Action for Enforcement. 9.11.150 Violations – Administrative Enforcement Action.

9.11.160 Remedies Not Exclusive. 9.11.170 Authority to Arrest and Issue Citations. 9.11.180 Coordination with Hazardous Materials Inventory and Response Policies.

This chapter shall be known as the “City of Larkspur Urban Runoff Pollution Prevention Ordinance” and may be so cited. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The purpose of this chapter is to manage and control stormwater and nonstormwater discharges to ensure the future health, safety, and general welfare of City of Larkspur citizens and to protect and enhance watercourses, fish and wildlife habitat in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004 (Phase II Stormwater Permit) and subsequent revisions and amendments thereto, and current and future versions of the Water Quality Control Plan for the San Francisco Bay Basin. The City has legal authority to implement and enforce this chapter under Clean Water Act Section 402(p)(3)(b) (33 U.S.C. § 1342(p)(3)(b)), 40 C.F.R. 122.22(b), 122.34(b)(3)(ii)(B), (b)(4)(ii)(A), (b)(5)(ii)(B), and 122.41(k), and the Phase II Stormwater Permit. The goals of this chapter are to:

A. Prevent or reduce pollutants in stormwater discharges to waters of the United States to the maximum extent practicable;

B. Prevent or reduce nonstormwater discharges to storm drains or waters of the United States;

C. Detect and eliminate illicit discharges and illegal connections to the storm drain;

D. Respond to the discharge of spills to storm drains or watercourses, and prohibit dumping or disposal of materials other than stormwater into the storm drain;

E. Control runoff in excess of incidental runoff;

F. Require operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices (BMPs) to control stormwater;

G. Require new development and redevelopment projects to implement post-construction stormwater management controls; and

H. Provide the City with enforcement discretion to address noncompliance with this chapter. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Any terms defined in the Phase II Stormwater Permit, the Clean Water Act (33 U.S.C. § 1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in said Act or regulations. Such terms include, but are not limited to, the following:

“Authorized enforcement official” means the following City officials: Chief Building Official or their designee, Zoning Administrator, Public Works Director, Public Works Superintendent, Fire Chief, Deputy Fire Chief, Fire Marshal, Groundskeeper, Maintenance Worker, City Engineer, City Manager, and Police Officer or designee.

“BASMAA Post-Construction Manual” means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post-Construction Manual which provides design guidelines for reducing stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control stormwater runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage.

“City” means the City of Larkspur.

“Construction activity” means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.

“County” means the County of Marin.

“Discharge of a pollutant” means (1) the addition of any pollutant or combination of pollutants to waters of the United States from any point source, or (2) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft, which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: stormwater runoff which is collected or channeled by humans; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

“Erosion and Sediment Control Plan (ESCP)” means a plan prepared to control erosion and minimize pollutants, including sediment, discharges from a development or other construction activity.

“Illicit connection” means any device or method that conveys nonstormwater to a municipal separate storm sewer (storm drain) system (MS4) or receiving water.

“Illicit discharge” means any discharge to a municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term “illicit discharge” includes all nonstormwater discharges not composed entirely of stormwater and discharges that are identified under the discharge of pollutants section of this chapter (Larkspur Municipal Code Section 9.11.060). The term “illicit discharge” does not include discharges that are regulated by an NPDES permit (other than the NPDES permit for discharges from the MS4).

“Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

“Linear underground/overhead projects (LUPs)” means construction activities related to the installation of underground and overhead linear facilities that include, but are not limited to, any conveyance, pipe, or pipeline for the transportation of any gaseous, liquid (including water and wastewater for domestic municipal services), liquiescent, or slurry substance; any cable line or wire for the transmission of electrical energy; any cable line or wire for communications (e.g., telephone, telegraph, radio, or television messages); and associated ancillary facilities.

“Low impact development (LID)” means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site’s predevelopment runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

“Maximum extent practicable (MEP)” means the minimum required performance standards, BMPs, control techniques and systems, design and engineering methods, and such other provisions as the Environmental Protection Agency Administrator or the state determines appropriate for reducing pollutants in stormwater. MEP is the cumulative effect of implementing, evaluating, and making corresponding changes to a variety of technically appropriate and economically feasible BMPs, ensuring that the most appropriate controls are implemented in the most effective manner. This process of implementing, evaluation, revising, or adding new BMPs is commonly referred to as the iterative process.

“MCSTOPPP” means the Marin County Stormwater Pollution Prevention Program.

Municipal Separate Storm Sewer System (MS4). See definition of “Storm drains.”

“New development project” means any land disturbing activity on an area that has not been previously developed, such as structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.

“Nonstormwater discharge” means any discharge that is not entirely composed of stormwater.

“NPDES permit” means a National Pollutant Discharge Elimination System (NPDES) permit issued by the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Federal Clean

Water Act, 33 U.S.C. Section 1342 and the Porter-Cologne Water Quality Control Act Section 13377, which regulates discharges to waters of the United States.

“Phase II Stormwater Permit” means the NPDES general stormwater permit applicable to the City, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.

“Pollutant” means dredged or excavated soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, sediment, cellar dirt, concrete, debris, dumped yard waste and industrial, municipal, and agricultural waste or sand and gravel placed in such a way as to be carried away by stormwater into the storm drains or watercourses of the City.

“Post-construction measures requirements” means the provisions in Section E.12 of the Phase II Stormwater Permit that contain design standards or performance criteria to address the post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity. The BASMAA Post-Construction Manual describes projects subject to the post-construction measures.

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

“Redevelopment projects” means any land disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. Redevelopment projects do not include trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, noncontiguous sections of roadway.

“Regional water board” means the San Francisco Bay Regional Water Quality Control Board.

“Storm drains” means the basic infrastructure in a MS4 that collects and conveys stormwater. Storm drains include but are not limited to those stormwater drainage conveyance 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, creeks, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (C.F.R.) 122.2.

“Stormwater” or “stormwater runoff” means water that is generated from rain and snowmelt events and flows over land or impervious surfaces, accumulating debris, chemicals, sediment, or other pollutants along the way that could adversely affect water quality if discharged untreated.

“Stormwater control plan” means a plan that meets those criteria contained in the most recent version of the BASMAA Post-Construction Manual.

“Stormwater facilities operation and maintenance plan” means a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.

“Stormwater management measure” means any device, control, or engineered system designed to detain, retain, filter, treat, or infiltrate stormwater, including, but not limited to, grassy swales and bioretention facilities.

“Urban runoff” means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters.

“Watercourse” means any natural or once natural flowing river, creek, stream, swale or drainageway, whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized but does not include channels, ditches, culverts or other above or below ground constructed conduits, i.e., storm drains.

“Waters of the United States” generally refers to navigable waters, as defined for the purposes of the Federal Clean Water Act in 40 Code of Federal Regulations (C.F.R.) 122.2. (Ord. 1094 §§ 4, 5, 2026; Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

This chapter shall be administered for the City by the authorized enforcement official. In administering this chapter, the authorized enforcement official has the legal authority to request and require the submittal of information deemed necessary to assess compliance with this chapter, enter private property for the purpose of inspecting compliance with this chapter, order the cessation of discharges, order the cleanup and abatement of spills, levy citations and administrative fines, require recovery and remediation costs from responsible parties, and seek other remedies pursuant to the Larkspur’s Municipal Code and consistent with the Enforcement Response Plan. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable implementing regulations including the current and future versions of the Water Quality Control Plan for the San Francisco Bay basin and the Phase II Stormwater Permit, and any revisions or reissuance thereof. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The discharge of nonstormwater discharges to the City storm drain system is prohibited, except as provided below.

A. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in this section:

1. Nonstormwater discharges regulated under a NPDES permit issued to the discharger and administered
by the State of California under authority of the United States Environmental Protection Agency; provided,
that the discharger is in full compliance with all requirements of the permit and other applicable laws or
regulations.

2. Discharges or flows from fire-fighting activities unless they are identified as significant sources of
pollutants to waters of the United States.

3. Discharges from the following activities, provided any pollutants in the discharges are identified and
appropriate control measures to minimize the impacts of such discharges are developed and implemented:

a. Water line flushing;

b. Individual residential car washing;

c. Diverted stream flows;

d. Rising groundwaters;

e. Uncontaminated groundwater infiltration (as defined at 40 C.F.R. 35.2005(20)) to separate storm
sewers;

f. Uncontaminated pumped groundwater;

g. Discharges from potable water sources;

h. Foundation drains;

i. Air conditioning condensation;

j. Springs;

k. Water from crawl space pumps;

l. Footing drains;

m. Flows from riparian habitats and wetlands;

n. Dechlorinated swimming pool discharges; and

o. Incidental runoff from landscaped areas provided the conditions in subsection (A)(4) of this section
are met.

4. Incidental runoff is the unintended amounts of runoff that escapes the area of intended use, such as
minimal over-spray from sprinklers. Water leaving the area of intended use is not incidental if it is due to the
design, excessive application, or intentional overflow or application. Irrigation systems must be designed to
conserve water and prevent water leaving the area of intended use. Property owners and persons
responsible shall control irrigation systems to prevent excessive irrigation runoff by implementing the
following BMPs:

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

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

c. Do not irrigate during precipitation events; and

d. Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of a twenty-five-year, twenty-four-hour storm event or greater. Any releases from holding ponds must be reported to the Regional Water Board and the county within twenty-four (24) hours of the discharge. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Any discharge that would result in or contribute to a violation of the Phase II Stormwater Permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) so 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. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The establishment, use, maintenance, or continuance of illicit connections to the City storm drains or watercourses, and/or the commencement or continuation of illicit discharges to the City storm drains or watercourses, 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.

A. Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

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

C. The City may perform cleanup and abatement work and recover its costs from the responsible person as provided in Larkspur Municipal Code Section 9.11.120.

D. Noncompliance with this section may subject the violator to additional enforcement consistent with the City’s Enforcement Response Plan. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Any person engaged in activities which will or may result in pollutants entering the City storm drains shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, construction or other ground disturbing activities, and stores fronting City streets.

A. Littering. Except for pollutants lawfully disposed of by way of containers or at a licensed dumping facility, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any trash, refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land or other premises in the City, so that the same might be or become a prohibited nonstormwater discharge.

B. The occupant or tenant of any premises in the City, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any premises, shall maintain any sidewalk in the front of said premises free of dirt or litter to the maximum extent practicable. Any material swept from said sidewalk is prohibited from being disposed of in the gutter or roadway, and shall only be disposed of in receptacles located on the premises as required for the recycling or disposal of garbage or yard waste.

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

D. Compliance with Stormwater NPDES Permits. Any person performing an activity within the City of Larkspur that requires either a general or individual NPDES permit regulating the discharge of stormwater, as may be adopted by the State Water Resources Control Board or the Regional Water Board, shall obtain and comply with the necessary permit applicable to such discharges.

E. Compliance with Best Management Practices. Any person undertaking an activity or operation that has the potential to generate stormwater and/or nonstormwater pollutants shall comply with any federal, state, or local best management practices, guidelines or requirements applicable to the specific activity or operation in order to reduce and prevent the discharge of pollutants to waters of the United States, including any requirements as may be identified by the authorized enforcement official. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

A. Any person performing construction activities in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or pollutants from construction materials, tools, and equipment from entering the storm drain system or watercourse. Pollutants associated with construction activity include but are not limited to sediment, fertilizers, pesticides, paints, solvents and fuels.

B. The City has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final site stabilization.

C. Construction site BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The City will provide references to current guidance manuals and BMP information on request.

D. Erosion and Sediment Control Plan Requirements.

1. When required by the Phase II Stormwater Permit or by the City, a construction project shall have an
Erosion and Sediment Control Plan (ESCP) that addresses erosion and sediment control and pollution
prevention during the construction phase as well as final stabilization control measures. The ESCP shall be
implemented year round. An ESCP shall be required for any construction project that:

a. Requires a grading permit under Larkspur Municipal Code Chapter 15.20, Grading, Excavation, and
Fills;

b. Requires a building permit, encroachment permit, demolition permit, or other permit that has the
potential for significant erosion and/or significant nonstormwater discharges of sediment and/or
construction site waste; or

c. Is determined necessary, in the City’s reasonable discretion after considering factors such as
whether the project involves hillside soil disturbance, rainy season construction, construction near a
watercourse, or any other condition or activity that poses a threat to water quality or could lead to a
nonstormwater discharge if not managed by effective implementation of an ESCP.

2. The construction project applicant shall submit the ESCP for review and written approval by the City. The
ESCP shall be revised to reflect changing conditions on the project site. The City shall require modifications of
an approved ESCP if, during the course of construction at a site, unanticipated conditions occur or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the City for
review and approval.

3. In developing the ESCP, the project applicant shall follow the most recent version of the MCSTOPPP
Construction Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include:

a. Description of the proposed project and soil disturbing activity;

b. Site specific construction-phase BMPs;

c. Rationale for selecting the BMPs including supporting soil loss calculations, if necessary;

d. List of applicable permits associated with the soil disturbing activity, such as: Construction General
Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality
Certification; Streambed/Lake Alteration Agreement (1600 Agreements).

4. If the project requires coverage under the Construction General Permit (CGP) issued by the State Water
Resources Control Board, permit registration documents must be filed with the State Water Resources
Control Board for said coverage and a copy of the Waste Discharge Identification Number shall be submitted
to the City prior to issuance of a permit for construction activity. The applicant may submit the Stormwater
Pollution Prevention Plan (SWPPP) required by the CGP in lieu of the ESCP provided it meets the requirements
of the ESCP.

5. Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading
permit, encroachment permit, demolition permit, or other permit issued by the City for a project subject to
this section. In order to obtain a grading permit, the project applicant shall also submit evidence to the City
that all permits directly associated with the grading activity have been obtained prior to commencing the soil
disturbing activities authorized by the grading permit.

E. Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the City. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the City.

F. The authorized enforcement official has a right to inspect the construction site to verify compliance with this chapter. Inspections shall include, at a minimum, maintenance of BMPs, effectiveness of BMPs installed, and verification that pollutants of concern are not discharged into watercourse. At the conclusion of construction, the authorized enforcement official has a right to inspect the site to ensure that all disturbed areas have been stabilized and that all temporary erosion and sediment control measures that are no longer needed have been removed.

G. If the authorized enforcement official determines, in their reasonable discretion, that the construction site does not contain the proper BMPs or is otherwise not compliant with the requirements of this chapter, the authorized enforcement official may order the construction site operator to cease and desist any construction activity until such violations are cured. Such order shall be issued in writing served on the construction site operator or any other person overseeing the construction activity. The authorized enforcement official may also take additional corrective or enforcement actions consistent with the City’s Enforcement Response Plan and the remedies available in the City’s Municipal Code. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Redevelopment Projects.

A. Pursuant to E.12 of the Phase II Stormwater Permit, the City has authority to regulate most new development and redevelopment projects that create and/or replace a minimum of two thousand five hundred (2,500) square feet of impervious surface. The selection and design of such controls shall be in accordance with criteria established or recommended by the City, federal, state, and local agencies, and the BASMAA Post-Construction Manual.

B. Projects that create and/or replace between two thousand five hundred (2,500) square feet and five thousand (5,000) square feet of impervious surface, including detached single-family homes that create and/or replace two thousand five hundred (2,500) square feet or more of impervious surface and are not part of larger plan of development, shall implement stormwater control measures to reduce stormwater runoff from the project site.

1. Such projects shall implement one or more of the following stormwater control measures:

a. Stream setbacks and buffers: a vegetated area including trees, shrubs, and herbaceous vegetation,
that exists or is established to protect a stream system, lake reservoir, or coastal estuarine area;

b. Soil quality improvement and maintenance: improvement and maintenance of soil through soil
amendments and creation of microbial community;

c. Tree planting and preservation: planting and preservation of healthy, established trees that include
both evergreens and deciduous, as applicable;

d. Rooftop and impervious area disconnection: rerouting of rooftop drainage pipes to drain rainwater
to rain barrels, cisterns, or permeable areas instead of the storm drain;

e. Porous pavement: pavement that allows runoff to pass through it, thereby reducing the runoff from
a site and surrounding areas and filtering pollutants;

f. Green roofs: a vegetative layer grown on a roof (rooftop garden);

g. Vegetated swales: a vegetated, open-channel management practice designed specifically to treat
and attenuate stormwater runoff;

h. Rain barrels and cisterns: system that collects and stores stormwater runoff from a roof or other
impervious surface.

2. Project applicants subject to this subsection (B) shall use the State Water Board SMARTS Post-
Construction Calculator or equivalent to quantify the runoff reduction resulting from implementation of site
design measures. This subsection (B) does not apply to LUPs.

C. Projects that create and/or replace five thousand (5,000) square feet or more of impervious surface shall implement LID standards designed to reduce runoff, treat stormwater, and provide baseline hydromodification management to the extent feasible. Such LID standards include site design, source control, runoff reduction, stormwater treatment, and baseline hydromodification management and depend on the size and scope of the proposed project.

1. In designing the site, project applicants shall evaluate how site conditions, such as soils, vegetation, and
flow paths, will influence the placement of buildings and paved surfaces. Project applicants shall consider
optimizing the site layout through the following methods:

a. Define the development envelope and protected areas, identifying areas that are most suitable for
development and areas to be left undisturbed.

b. Concentrate development on portions of the site with less permeable soils and preserve areas that
can promote infiltration.

c. Limit overall impervious coverage of the site with paving and roofs.

d. Set back development from creeks, wetlands, and riparian habitats.

e. Preserve significant trees.

f. Conform the site layout along natural landforms.

g. Avoid excessive grading and disturbance of vegetation and soils.

h. Replicate the site’s natural drainage patterns.

i. Detain and retain runoff throughout the site.

2. Project applicants shall develop and submit for the City’s review and approval a Stormwater Control Plan
(SCP) that follows the appropriate SCP template in the most recent version of the BASMAA Post-Construction
Manual. The SCP is separate and distinct from the ESCP requirements described in Larkspur Municipal Code
Section 9.11.100(D).

3. All stormwater management measures shall be designed in a manner to minimize the need for
maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post-
Construction Manual.

4. As a condition precedent to the issuance of a building permit, the project applicant shall also submit a
preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The City’s approval of the

O&M Plan is required prior to final inspection and approval of building permit closure.

a. All stormwater management measures shall be maintained according to the approved O&M Plan.
The person(s) or organization(s) responsible for maintenance shall be designated in the plan. The O&M
Plan shall require that stormwater management measures be inspected by those responsible for
maintenance at least annually.

b. The O&M Plan shall also describe how the maintenance will be funded. Upon the failure of a property owner to maintain the stormwater management measures in accordance with the O&M Plan, the City may perform the maintenance and recover its costs from the property owner as provided in Larkspur Municipal Code Section 9.11.120.

5. All project proponents and their successors, or successors in fee title, in control of project that is located
within the City and that is defined as a regulated project in Provision E.12.c of the Phase II Stormwater Permit,
or where required by the City, shall submit one of the following as a condition prior to final inspection and
approval of building permit closure:

a. The project proponent’s signed statement accepting responsibility for the operations and
maintenance of stormwater management measures until such responsibility is legally transferred to
another entity;

b. Written conditions in the sales or lease agreements or deed for the project that requires the buyer
or lessee to assume responsibility for the operations and maintenance of the stormwater management
measures until such responsibility is legally transferred to another entity;

c. Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential
projects that require the homeowners’ association or, if there is no association, each individual owner to
assume responsibility for the operation and maintenance of the stormwater management measures
until such responsibility is legally transferred to another entity; or

d. Any other legally enforceable agreement or mechanism, such as recordation in the property deed,
that assigns the operation and maintenance of the stormwater management measures to the project
owner(s) or the City.

D. Subsection (C) of this section does not apply to the following projects: detached single-family home projects that are not part of a larger plan of development; interior remodels; routine maintenance or repair such as pavement resurfacing within the existing footprint; and LUPs, unless the LUP has a discrete location with five thousand (5,000) square feet or more of newly constructed contiguous impervious surface, in which case only that specific discrete location is subject to this section.

E. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the City. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the City.

F. The authorized enforcement official has a right to inspect the stormwater management measures in place to verify compliance with the requirements of this chapter. At the authorized enforcement official’s request, the property owner shall provide applicable legal agreements, recorded covenants or easements.

G. If the authorized enforcement official determines, in their reasonable discretion, that the new development or redevelopment project is not properly implementing the requirements of this chapter, the authorized enforcement official may take corrective or enforcement actions consistent with the City’s Enforcement Response Plan and the remedies available in the Larkspur Municipal Code. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Restoration.

Any condition caused or allowed to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the City.

A. Abatement Procedure – Costs – Lien. The abatement of any public nuisance under this chapter shall follow the procedures as set forth in Larkspur Municipal Code Chapter 9.24. The cost of such abatement and/or restoration of the property to its original condition shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and this code.

B. Inspections and Sampling – Authority and Procedure.

1. The authorized enforcement official has the duty and the responsibility to inspect any and all locations
for any violation of the provisions of this chapter. The authorized enforcement official may, within the
limitations of applicable state and federal laws, enter any building or any premises (including, but not limited
to, facilities, equipment, practices, or operations) at reasonable times to inspect the same for any or all of the
following situations, as determined by the authorized enforcement official:

a. Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

b. Active or potential stormwater or nonstormwater discharges;

c. Illicit discharges or illegal connections to the storm drain;

d. Whenever there is reasonable cause to believe that there exists any condition that constitutes a
violation of the provisions of this chapter or the Phase II Stormwater Permit;

e. Actual violations of this chapter or the Phase II Stormwater Permit;

f. Whenever necessary to enforce any of the provisions of this chapter or the Phase II Stormwater
Permit; or

g. To perform any duty imposed upon the official by this chapter.

2. The authorized enforcement official must present proper credentials to, and obtain consent from, the
owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request
assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the
provisions of state law.

3. The authorized enforcement official has the right to and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the local agency. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the official presents proper credentials to and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law.

   4. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of nonstormwater or other unlawful material to the storm drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official.

   5. Exigent Circumstances. Whenever a condition is found to exist in violation of this chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including, but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2,

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, except that, notwithstanding any other provision of this chapter, any such violation of this chapter may, in the discretion of the enforcement authority, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Government Code Section 36901. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 36900. 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 allowed by the person, firm, corporation or organization, and shall be punishable accordingly. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by a civil action brought by the City Attorney in any court having appropriate jurisdiction. In any such action, the City may seek any or all of the following remedies:

A. A temporary or permanent injunction.

B. Costs of investigation, inspection, sampling, or monitoring activities concerning the violation, and costs of suit.

C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition.

D. Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be paid to the City and shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this chapter. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation in this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator’s failure to comply with such order, the City shall take further enforcement action as specified in this chapter, or in accordance with other appropriate provision of local, state or federal law. At the discretion of the authorized enforcement official, orders to cease and desist may take the following form:

A. Verbal warnings, as may be issued during inspections;

B. Warning letters and orders to abate pollution;

C. Warning letters with requirements to submit written reports; or

D. Formal violations and legal action as described in this chapter and as authorized by Larkspur Municipal Code Chapter 9.24. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The enumerated remedies provided in this chapter are in addition to and do not supersede or limit any and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

The authorized enforcement official shall have the authority to arrest or to cite any person who violates any provision of this chapter in the manner provided by the Penal Code for the arrest or release on citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Penal Code Chapters 5, 5c and 5d of Title 3, Part 2, including Section 853.6, or as the same may be hereinafter amended. It is the intent of the City that the immunities provided in Penal Code Section 836.5 be applicable to public officers or employees acting within the course and scope of their employment pursuant to this chapter. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)

Policies.

The first revision of the business plan for any facility subject to the City’s hazardous materials inventory and response policy shall include a program for compliance with this chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)