Newark Municipal Code Art. I Title, Purpose and General Provisions

This chapter is adopted pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. § 1251 et seq.) as amended by the Water Quality Act of 1987 and pursuant to Order No. 91-146, NPDES Permit No. CA0029831 issued by the California Regional Water Quality Control Board, San Francisco Region dated October 16, 1991 and the "Agreement to Implement the Alameda County Urban Runoff Clean Water Program" dated July 1991, and may be cited as the "Stormwater Management and Discharge Control Ordinance of the City of Newark."

(Ord. 284 (part), 1992)

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

1. Eliminating non-stormwater discharges to the city storm sewer;

2. Controlling the discharge to city storm sewers from spills, dumping or disposal of materials other than stormwater;

3. Reducing pollutants in stormwater discharges to the maximum extent practicable.

B. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Ord. 284 (part), 1992)

Any terms defined in the Federal Clean Water Act 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 that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant and stormwater. These terms presently are defined as follows:

"Authorized enforcement official" means the following city officials: building official, building inspector, zoning enforcement specialist, public works director, city engineer, assistant city engineer, associate civil engineer, assistant civil engineer, civil engineering associate, public works inspector, engineering technician, fire chief, assistant fire chief, fire inspector, hazardous materials bureau coordinator, hazardous materials technician, public services administrator, street supervisor, street sweeper operator, park supervisor, police chief, senior police captain, police captain, police sergeant, police officer, building supervisor, building mechanic.

"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 plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

"City" means the city of Newark.

"City storm sewer system" means and includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

"Discharge" means any addition of any pollutant to navigable waters from any point source, or any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

"Illicit discharge" means any discharge to the city storm sewer system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities.

"Non-stormwater discharge" means any discharge that is not entirely composed of stormwater.

"Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water.

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

"Stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

"Watercourse" means any natural or manmade channel for the conveyance of stormwater to waters of the United States, excluding natural shallow depressed areas that are subject to periodic inundation or any portion of the city storm sewer system as defined herein.

(Ord. 284 (part), 1992)

This chapter shall be administered for the city by the city engineer. Where storm drain facilities and/or watercourses are owned and/or maintained by the Alameda County Flood Control and Water Conservation District ("ACFC & WCD") or other public agency legally responsible for certain watercourses, then the requirements and regulations of ACFC & WCD or such other agency shall be applicable.

(Ord. 284 (part), 1992)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029831 and any amendment, revision or reissuance thereof.

(Ord. 284 (part), 1992)

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking then pursuant to this chapter the city council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in Section 8.36.020 above.

(Ord. 284 (part), 1992)