Milpitas Municipal Code Ch. 16 Stormwater and Urban Runoff Pollution Control

Footnotes:

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Editor's note— Ord. No. 239.7, § 2, adopted June 5, 2012, amended the Code by, in effect, repealing former Ch. 16, §§ XI-16-1—XI-16-16, and adding a new Ch. 16. Former Ch. 16 pertained to similar subject matter, and derived from Ord. 239.3, Exh. A (part), adopted October 7, 2003; Ord. 239.4(2), adopted September 6, 2005; Ord. 239.5, adopted January 17, 2006; and Ord. No. 239.6, adopted May 17, 2011.

The purpose of this Chapter is to provide regulations and give legal effect to certain requirements of the Waste Discharge Requirements and National Pollutant Discharge Elimination System permit for the discharge of stormwater runoff from the City's municipal separate storm sewer (MS4), issued by the California Regional Water Quality Control Board, San Francisco Region to the City of Milpitas. This Chapter shall apply to all water entering the City of Milpitas storm drain system generated on any developed and undeveloped lands lying within the City. This Chapter shall be construed to ensure consistency with the requirements of federal and state law, and any applicable implementing regulations, as they exist at the time of enactment or as later amended.

(Ord. No. 239.7, § 2, 6/5/12)

For the purposes of this Chapter, the following words and phrases shall have the meaning given to them in this section. Words and phrases not defined in this Chapter shall have the definitions set forth in the City's MS4 permit or by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they currently exist or may be amended.

(a) "Applicable Materials" means all materials used in industrial or commercial establishments that are stored outdoors, that may be exposed to stormwater, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, grease, garbage, and all materials containing cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards.

(b) "Best Management Practices or BMPs" are operating practices and structural controls implemented to reduce the amounts of pollutants discharged into storm water.

(c) "City" means and includes all the territory lying within the municipal boundaries of the City of Milpitas as existing as of the date of adoption of the ordinance codified in this Chapter, plus all territory which may be added thereto during the effective term of this Chapter.

(d) "Discharge," when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the storm drain system from an activity or operation. When used as a noun, "discharge" means the pollutants, stormwater and/or non-stormwater that are discharged.

(e) "Low Impact Development Measures" are source control measures, site design measures, and post-construction stormwater treatment measures incorporated into the design and construction of a development project. The intent of Low Impact Development is to reduce runoff to the predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring and/or biotreating stormwater runoff close to its source for the purpose of reducing stormwater pollution from the development to the maximum extent practicable.

(f) "Municipal Separate Storm Sewer System or MS4 permit" is the National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Region to the City to regulate discharges from the City's stormwater conveyance system. As defined by the Federal Clean Water Act (40 CFR 122.26(b)(8)), the City's MS4 is the stormwater conveyance system, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains, owned or operated by the City for the purpose of conveying stormwater discharges into waters of the United States.

(g) "Regulated Project" is a development or redevelopment project, subject to the City's planning, building, or development review, that has the same meaning as defined in Provision C3 of the City's MS4 permit.

(h) "Small or Detached Single-Family Home Project" is a development project that either creates and/or replaces between 2,500 to 10,000 square feet of impervious surface or is one single new house or the replacement impervious surface at one single existing house, which is not part of a large plan of development.

(i) "Storm Drain" means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

(j) "Storm Water" or "Stormwater" means water that originates from atmospheric moisture (rainfall or snowmelt) and that falls onto land, water or other surfaces. Without any change in meaning, this term may be spelled or written as one word or as two separate words.

(k) "Urban Runoff" means surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial and/or industrial activities including the use of potable and nonpotable water.

(l) "Water Board" refers to the California Regional Water Quality Control Board, San Francisco Region.

(Ord. No. 239.7, § 2, 6/5/12)

This Chapter and the City's MS4 permit shall be implemented, administered, and enforced by the City Manager. The City Manager is hereby authorized to develop, implement, and enforce such policies, procedures, and regulations as may be necessary for compliance with the City's MS4 permit. Any powers granted to or duties imposed upon the City Manager to administer, implement, and enforce the provisions of this Chapter may be delegated to other City personnel.

(Ord. No. 239.7, § 2, 6/5/12)

No person shall discharge any substance directly into a manhole or other opening in a City-owned or City-maintained storm drain or watercourse other than through a City-approved storm drain connection.

(Ord. No. 239.7, § 2, 6/5/12)

It shall be unlawful to discharge nonstormwater or contaminated stormwater into any City storm drain or watercourse. Prohibited discharges include, but are not limited to refuse, solid waste, sewage, commercial and industrial wastes, petroleum products, chemicals, soaps and detergents, solvents, paints, contaminated or chlorinated water from pools, spas and fountains (including those treated with copper-based chemicals), swimming pool water, pesticides, herbicides, fertilizers, weeds, dirt, vegetables, grease, animal wastes, turbid fluids, and wastewater generated from the installation, cleaning, treating and washing of copper architectural features, unless permitted in Section XI-16-8.

Allowable discharges shall not cause impairment of the beneficial uses or quality of water of the state, including but not limited to floating, suspended, or deposited macroscopic particulate matter, foam, or petroleum; bottom deposits or aquatic growths; or alteration of temperature, turbidity, and apparent color; as defined in the California Water Code or any special requirements of the Water Board, or injure or interfere with the operation of any watercourses within the State.

(Ord. No. 239.7, § 2, 6/5/12)

(a) All Regulated Projects not participating in an alternative or in lieu compliance program pursuant to Section XI-16-6(d) shall design and construct Low Impact Development source control, site design, and stormwater treatment measures in order to reduce water quality impacts of urban runoff from the entire project site for the life of the project.

(b) Low Impact Development Measures must be incorporated into all applicable plan documents. All plan documents and construction activities are subject to inspection and approval by the City.

(c) No final building or occupancy permit shall be issued without the written certification of the City Manager or his or her designee that the requirements of this Chapter have been satisfied. Such certification shall be in the form prescribed by the City and shall not be issued without payment of all applicable fees, if any, which may be imposed for administration of this Chapter.

(d) Any applicant may request to participate in an alternative or in lieu compliance program in accordance the requirements and restrictions specified by the City's MS4 permit and the policies, procedures and regulations adopted pursuant to the authority granted in Section XI-16-3.

(e) Small and detached single-family home projects shall design and construct site design measures in accordance with the City's MS4 permit requirements.

(f) Nothing in this section shall prohibit the City from requiring source control, site design, or permanent stormwater treatment measures at private or public, commercial, industrial or residential projects that are subject to the City's planning, building, or development authority, but that do not meet the definition of "Regulated Project."

(Ord. No. 239.7, § 2, 6/5/12)

(a) The property owner(s), its administrators, successors, or any other persons, including any homeowners association, shall take all necessary actions to ensure that permanent stormwater treatment measures are properly maintained so that they continue to operate as originally designed and approved for the life of the development. The City Manager may require verification of proper maintenance be submitted to the City. Any property owner that has been required by this Chapter to construct, install, operate or maintain permanent stormwater treatment measures shall record against the property a document evidencing the permanent maintenance requirement and binding all successors in interest to the maintenance obligation.

(b) Upon transferring ownership of the property, any property owner that has been required by this Chapter to construct, install, operate or maintain permanent stormwater treatment measures shall provide the new owners with a current copy of this Chapter, and inform the new owners in writing of their obligation to properly operate and maintain the permanent stormwater treatment measures.

(c) It shall be unlawful to alter, modify, change or remove any permanent stormwater treatment measures without first obtaining the written certification of the City Manager or his or her designee that the requirements of this Chapter have been satisfied.

(d) Whenever necessary to make an inspection to enforce any provision of this Chapter, or whenever the City Manager or his or her designee has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Chapter, the official may enter such premises at all reasonable times to inspect the premises, to inspect and copy records related to stormwater compliance, and to collect samples and take measurements. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City Attorney is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 239.7, § 2, 6/5/12)

(a) The following types of discharges are exempt from the provisions of this Chapter:

(1) Flows from riparian habitats or wetlands;

(2) Diverted stream flows;

(3) Flows from natural springs;

(4) Rising ground waters;

(5) Uncontaminated and unpolluted groundwater infiltration;

(6) Single family homes' pumped groundwater, foundation drains, and water from crawl space pumps and footing drains;

(7) Pumped groundwater from drinking water aquifers; and

(8) NPDES permitted discharges (individual or general permits).

(b) The City may conditionally exempt the following additional types discharges from provisions of this Chapter if they have been identified by the City or the Water Board as not being sources of pollutants to receiving waters or if appropriate control measure to eliminate adverse impact of such source are developed and implemented as approved by the City in accordance with the provisions of the City's MS4 permit: The types of discharges that the City may conditionally exempt are as follows:

(1) Uncontaminated pumped groundwater, foundation drains, and water from crawl space pumps and footing drains at flow rates of less than 10,000 gallons per day;

(2) Uncontaminated pumped groundwater from monitoring wells installed in non-drinking water aquifers;

(3) Air conditioning condensate;

(4) Potable water;

(5) Individual residential car washing;

(6) Swimming pool, hot tub, spa, and fountain water;

(7) Irrigation water, landscape irrigation, and lawn or garden water.

Although not prohibited, the use of nickel and copper as roof materials is discouraged in favor of benign roof materials.

(Ord. No. 239.7, § 2, 6/5/12)

Any violation of this Chapter is hereby declared to be a public nuisance and the City may abate the violation in the manner provided for in Chapter 500 of Title V of this Code.

(Ord. No. 239.7, § 2, 6/5/12)

All persons shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or watercourse. Contractors shall provide Best Management Practices sufficient to provide protection from accidental discharge of prohibited materials or other waste at all times. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the person's expense. In the event the City Manager or his or her designee determines that reasonable means of protection have not been taken, the City Manager or his or her designee may issue a Notice of Noncompliance and may arrange for corrective action by City staff or a third party. All expenses incurred by the City and third parties associated with an actual or potential discharge shall be reimbursed by the responsible party pursuant to the procedures in Section 11 of this Chapter.

(Ord. No. 239.7, § 2, 6/5/12)

(a) All persons shall notify the City by telephone immediately by dialing 911 upon accidentally discharging any material other than an acceptable discharge into a storm drain or watercourse to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. Prohibited discharges include but are not limited to:

(1) Sewage;

(2) Discharges of wash water resulting from the cleaning of exterior surfaces and pavement, or the equipment and other facilities of any commercial business, or any other public or private facility;

(3) Discharges of runoff from material storage areas, including containing chemicals, fuels, or other potentially polluting or hazardous materials;

(4) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water;

(5) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes; and

(6) Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.).

The City, at its sole option, may direct the person or persons responsible for the discharge to perform cleanup activities when it is deemed by the City that the person or persons have the capability to perform such activities. All violations shall be corrected in a timely manner before the next rain event, but no longer than ten (10) business days after the violations are discovered.

(b) The person deemed by the City responsible for the discharge shall, within five (5) days of the date of occurrence, provide a detailed written statement to the City Manager or his or her designee describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or federal law.

(c) Persons deemed by the City responsible for the discharge are responsible for all expenses resulting from the discharge, including, but not limited to, damages, fines, and costs of clean-up, whether performed by their own efforts, City efforts, or the efforts of a third party. Reimbursement of City efforts shall be determined by the number of personnel required and amount of time necessary for the coordination of City efforts and actual clean-up. All personnel costs shall be charged at their current fully-burdened rate, including overtime, plus any and all other direct costs.

(Ord. No. 239.7, § 2, 6/5/12)

(a) Watercourse Protection Requirements. Every person owning, operating, or leasing property adjacent to a watercourse shall comply with the "Guidelines and Standards for Land Use Near Streams" prepared by the Santa Clara Valley Water District Water Resources Collaborative for all development, construction and maintenance activities conducted on lands adjacent to the watercourse.

(b) Acts Requiring a City Permit. No person shall commit or cause to be committed any of the following acts, unless an encroachment permit or an approved plan has been issued by the City Manager or his or her designee to the applicant:

(1) Construct, alter, enlarge, connect to, discharge to, change, or remove any structure in a City-owned or City-maintained watercourse;

(2) Modify the natural flow of water in a City-owned or City-maintained watercourse;

(3) Deposit in, plan in, or remove any material from, a City-owned or City-maintained watercourse, including its banks, except as required for necessary maintenance.

(c) Suspension or Revocation of City Permit. The City Manager or his or her designee may suspend or revoke a permit issued under this title whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance, the terms of the permit, regulations, or any of the provisions of this Chapter.

(Ord. No. 239.7, § 2, 6/5/12)

(a) Proper Outdoor Process, Storage, Maintenance, Wash Area, and Drainage Required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to stormwater and is required to meet water quality standards. Industrial and commercial businesses are prohibited from causing or contributing to pollution of stormwater runoff from:

(1) Outdoor process and manufacturing areas;

(2) Outdoor material storage areas;

(3) Outdoor waste storage and disposal areas;

(4) Outdoor vehicle and equipment storage and maintenance areas;

(5) Outdoor wash areas;

(6) Outdoor drainage from indoor areas;

(7) Rooftop equipment;

(8) Other sources determined by the City or the Water Board to have a reasonable potential to contribute to pollution of stormwater runoff.

Establishments covered by the Industrial Stormwater General NPDES Permit adopted by the California Water Resources Control Board shall address this requirement in applicable provisions of their Stormwater Pollution Prevention Plan (SWPPP).

(b) Protection Against Accidental Discharge. Each property owner, its administrators, successors or any other persons who store applicable materials outdoors at a commercial or industrial establishment shall provide protection against the accidental discharge of prohibited materials to the City's storm drain system or Watercourse. Such protection may include, but is not limited to, secondary containment systems or any equivalent protective measures. Any system that includes the permanent modification of a building, site, or the addition of a building or structure, shall be submitted to the City's Planning Department and Building Division for approval in accordance with applicable codes. All facilities to prevent the accidental discharge of prohibited materials to the City's storm drain system or watercourse shall be provided and maintained at the owner or operator's expense.

(c) Report of Accidental Discharge to the Storm Drain. The property owner, its administrators, successors, or any other persons shall notify the City of any accidental discharge to the City's storm drain system or watercourse as described in Section XI-16-11 of this Code. Each commercial or industrial establishment shall also retain an on-site written record of all accidental discharges of prohibited materials (whether or not such discharge actually entered the City's storm drain system or watercourse) and the actions taken to prevent their reoccurrence. Such records shall be retained for at least five years.

(d) Posted Notice. Each commercial or industrial establishment shall permanently post in a conspicuous place on the premises of the establishment a notice advising employees of the requirements of Section XI-16-13 and the telephone number to call in case of such an accidental discharge.

(e) The City shall have the authority to enter industrial and commercial properties for the purpose of inspecting site controls and enforcing corrective measures to obtain effective stormwater pollutant controls. The City shall have the authority to require the owners and/or operators of industrial and commercial facilities to implement BMPs to address pollutant sources associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking areas and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, and contaminated and erodible surface areas, and other sources determined by the Permittees or Water Board Executive Officer to have a reasonable potential to contribute to pollution of stormwater runoff.

(Ord. No. 239.7, § 2, 6/5/12)

(a) Criminal Penalties. Violations of the provisions of this Chapter shall be subject to criminal penalties as provided in Section I-1-4.09-1 of this Code.

(b) Judicial Civil Penalties. Any person who intentionally or negligently violates any provision of this Chapter or any provision of any permit or certificate issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed $25,000.00 per day for each day in which such violation occurs.

(c) Administrative Citations. When the City Manager and/or his or her designee determines that one or more violations of this Chapter have occurred an administrative citation may be issued pursuant to the procedures set forth in Sections I-21-1.01 through I-21-1.14. The schedule of fines for administrative citations issued for violations of this Chapter shall be set forth in the schedule of fines established by resolution of the City Council.

(d) Notice of Noncompliance. If the severity of the violation warrants immediate action, a Notice of Noncompliance or Stop Work Notice shall be issued, permits may be suspended or revoked, Stormwater Pollution Prevention Plans may be found in noncompliance, and corrective actions may be implemented in accordance with Section 11 of this Chapter. For all other cases, including those sites or projects where a stormwater pollution prevention plan is not required, the City Manager or his or her designee shall issue a Notice of Noncompliance that shall enumerate the violations found. The City Manager or his or her designee shall order compliance by a date or hour certain at his or her discretion. If the violations are not abated in the time period identified in the Notice of Noncompliance, the site shall be deemed to be in noncompliance with federal, State and local laws and the City Manager or his or her designee shall have the authority to issue a Stop Work Notice and/or deem the Stormwater Pollution Prevention Plan inadequate. If a Stop Work Notice is issued, corrective actions must be performed until the site has achieved compliance. Corrective actions may include revision and resubmission of any Plan, including, but not limited to, Stormwater Pollution Prevention Plan, Erosion Control Plan or Grading Plan. The City Manager or his or her designee may also require a discharger that has violated any discharge limits contained in this Chapter to install a temporary system for the capture, testing, and release of stormwater.

(e) Suspension of Utility Service. The City may, without prior notice, suspend water service, sanitary sewer service, and/or storm drain discharge access to a person discharging to the storm drain system when such suspension is necessary to stop an actual or threatened discharge which presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons; or presents, or may present, imminent and substantial danger to the storm drain system.

(f) For construction projects where a total of three or more Stop Work Notices and Notices of Noncompliance for urban runoff violations have been issued, the City Manager or his or her designee may require the contractor to hire a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) within three business days. The QSD/QSP shall establish effective BMPs, provide guidance for improvement for the duration of the project, and certify compliance. A Stop Work Notice shall be issued for failure to comply.

(g) Remedies Cumulative. The remedies provided in this section are cumulative and not exclusive, and shall be in addition to any other penalty provided for in this Chapter and shall be in addition to all other remedies available to the City under State and federal law.

(Ord. No. 290, § 4, 5/17/16; Ord. No. 239.7, § 2, 6/5/12)

Funds collected pursuant to this Chapter shall be paid to the City's urban runoff violation account and may be used for any purpose related to this Chapter or the City's implementation, administration, or enforcement of the City's MS4 permit.

(Ord. No. 239.7, § 2, 6/5/12)

Prior to connection or discharge to any storm drain facility from a new development or a redevelopment project (directly or indirectly), connectors shall pay City a fee for connection/discharge to the City's storm drain system as set by resolution of the City Council pursuant to Title VIII, Chapter 4 of this Code.

The purpose of the fee imposed by this section is to fund facilities (whether presently in existence or not) necessary to provide storm drain services, and revenues derived from the fee imposed by this section shall be used solely for that purpose.

(Ord. No. 239.8, § 2, 2/20/24; Ord. No. 239.7, § 2, 6/5/12)