Article II — Discharge Regulations and Requirements

A.

Non-storm-water discharges or increase in flow to the city storm sewer system is prohibited. All discharges of material other than storm water must be in compliance with a NPDES permit issued for the discharge (other than NPDES Permit No. CA0029831).

B.

The following non-storm-water discharges are exempt from the prohibition set forth in subsection A of this section:

Non-storm-water discharges regulated under an NPDES permit issued to the discharger and administered by the state of California under authority of the U.S. Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

Non-storm-water discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, less than one thousand (1,000) gallons per day of uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on non-storm-water discharges.

(Ord. 12024 § 1 (part), 1997)

Any non-storm-water discharge or increase in flow that would result in or contribute to a violation of NPDES Permit No. CA0029831, and any amendment, revision or reissuance thereof, either separately considered or when combined with other non-storm-water discharges, is prohibited. A copy of said NPDES permit is on file in the Office of the City Clerk. Liability for any such discharge or increase in flow shall be the responsibility of the person(s) causing or responsible for such discharge or increase in flow, and such person(s) shall defend, indemnify and hold harmless the city, its Councilmembers, directors, officers, agents, and/or employees from any and all claims, losses, actions, causes of actions, judgments, penalties, fines, liabilities and expenses (including reasonable attorney's fees), including damage of property or injury to or death of persons occurring or resulting from such violation, in any administrative or judicial action relating to such discharge or increase in flow.

(Ord. 12024 § 1 (part), 1997)

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the city storm sewer system or to a watercourse, and to commence or continue any illicit discharges to the city storm sewer system or to a watercourse. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(Ord. 12024 § 1 (part), 1997)

Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall eliminate such pollutants to the maximum extent practicable. Examples of such activities include, but are not limited to ownership and operation of leaking vehicles and ownership and use of facilities which

may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

A.

Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any 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 structure, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in lawfully established garbage containers or in lawfully established dumping grounds.

The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

No person shall throw or deposit litter in any fountain, pond, lake, creek or any other body of water in a park or elsewhere within the city.

B.

Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station 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 sewer system.

C.

Best Management Practices for New Developments and Redevelopments. Any person or construction contractor performing work in the city shall, at a minimum, provide filter materials at the catch basin to prevent any debris and dirt from flowing into the city's storm sewer system. In addition, any person or construction contractor performing work in the city is subject to all the provisions of Ordinance No. 10446 C.M.S., entitled "Ordinance for Erosion and Sedimentation Control to Supplement Ordinance No. 10312 C.M.S. (Section 15.04.780 of the Oakland Municipal Code) dated January 18, 1983" and to any amendment or revision thereof.

lowing into the city's storm sewer system. In addition, any person or construction contractor performing work in the city is subject to all the provisions of Ordinance No. 10446 C.M.S., entitled "Ordinance for Erosion and Sedimentation Control to Supplement Ordinance No. 10312 C.M.S. (Section 15.04.780 of the Oakland Municipal Code) dated January 18, 1983" and to any amendment or revision thereof.

The Chief of Building Services or his or her designee may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. The Chief of Building Services or his or her designee may require as a condition of development or redevelopment implementation of continuous or post construction best management practices such as good housekeeping practices or storm water treatment systems.

When required by the Chief of Building Services or his or her designee, best management practices shall be incorporated into required grading plans, erosion and sedimentation control plans, private improvement plans, plans associated with a building permit and subdivision development.

Any person or construction contractor performing work in the city shall ensure that best management practices required by the Chief of Building Services or his or her designee are properly maintained at all times during construction. Best management practices shall be employed as shown on said plans approved by the city, as required on the conditions on a permit, or as directed by the city's field representative.

Where continuous or post construction best management practices or storm water treatment systems have been required by the Chief of Building Services or his or her designee, proper maintenance of watercourse of said continuous or post construction best management practices or said treatment systems employed on a site shall be the responsibility of the property owner or, when applicable, the local homeowner association.

D.

Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such non-storm-water discharges or increase in flow, as may be adopted by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such non-storm- water discharges or increase in flow.

Each discharger identified in an individual NPDES permit relating to non-storm-water discharges or increase in flow shall comply with and undertake all activities required by such permit.

E.

Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, regional, and/or city agency with jurisdiction for such adoption, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, increase of flow, illicit discharge, and/or discharge of non-storm water to the storm water system, or watercourses, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as such compliance is identified by the Environmental Services Manager.

(Ord. 12024 § 1 (part), 1997)

Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain in a manner satisfactory to the Environmental Services Manager that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy riparian vegetation beyond that actually necessary for said maintenance of watercourse, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

No person shall place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm waters passing through such watercourse.

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Environmental Services Manager. (Acts or work that is covered under a private job permit obtained in accordance with the procedures and requirements of Section 12.16.040, Section

permit and/or valid grading permit shall not be subject to aforementioned separate permit):

A.

Discharge concentrated storm water into or connect any storm water pipe or storm water channel to a watercourse;

B.

Modify the natural flow of water in a watercourse;

C.

Carry out development within a watercourse floodway; or within twenty (20) feet from the top of bank of a watercourse;

D.

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

E.

Construct, alter, enlarge, connect to, change, or remove any structure, or alter the stream course or profile in a watercourse.

In addition to the provisions stated herein, every person owning a property through which a watercourse passes, or such person's lessee or tenant, shall be subject to the provisions of Section 9.16.040, Watercourses, of this code and to any amendment or revision thereof, except if a private job permit is obtained in accordance with the procedures and requirements of Section 12.16.040, Section 12.16.050 and Section 12.20.020 of this code or for acts or work covered under a valid creek protection permit and/or valid grading permit.

(Ord. 12024 § 1 (part), 1997)

No person shall commit or cause development or work within the boundaries of a creekside property, or within the public right-of-way fronting a creekside property, unless a creek protection permit has first been obtained from the Chief of Building Services.

(Ord. 12024 § 1 (part), 1997)

Depending on the type and location of development or work, a creek protection permit may fall into the following categories.

A.

Category I. Any indoor development or work. Although development or work indoors should not affect the quality of the creek environment, this is an opportunity for the city to distribute brochures regarding creek protection and overall quality of water that drains to the bay. Best management practices recommended in those brochures to protect water quality must be followed.

B.

Category II. Any exterior development or work that does not include earthwork, and is more than one hundred (100) feet from the center line of the creek to the location of the development or work. Category II provides the city with an opportunity to educate residents about creek protection and overall quality of water that drains to the bay. Best management practices recommended in those brochures to protect water quality must be followed.

C.

Category III. Any exterior development or work that may adversely impact the creek, beyond the twenty (20) foot setback from the top of bank of the creek, and is within one hundred (100) feet of the center line of the creek, that may or may not require any other development related permit, including without limitation: landscape walls, fences, patios, decks, private drainage improvements, irrigation systems, or trenching work. Additionally, any work or development that includes earthwork beyond the twenty (20) foot setback from the top of the bank of the creek.

D.

Category IV. Any exterior development or work that is conducted from the center line of the creek to the twenty (20) foot setback from the top of bank of the creek, that may or may not require any other development related permits including without limitation: earthwork, landscape walls, fences, patios, decks, private drainage improvements, irrigation systems, or trenching work.

E.

Reclassification of Category. The Chief of Building Services may, in order to further the purpose and intent of the chapter, reclassify an application in accordance with the following:

If the Chief of Building Services reasonably believes that there are unusual circumstances that warrant the applicant providing further information, the Chief of Building Services may reclassify an application for Categories II, III or IV.

If the applicant can demonstrate to the reasonable satisfaction of the Chief of Building Services that development or work shall not cause adverse impacts to the creek (including without limitation: erosion, bank failure, increased runoff, sediment loading, transfer or pollutants, or damage to the natural habitat, riparian vegetation or wildlife), then an application for Categories II, III or IV may be reclassified.

F.

Emergency Work. Work to abate an imminent threat to the public's health, safety or property may be undertaken prior to the issuance of a creek protection permit. Such emergency work shall be limited to the abatement of the imminent threat. An application for a creek protection permit shall be initiated as soon as practical, but in no event later than fourteen (14) calendar days after the commencement of the emergency work, and said application shall be diligently pursued by the applicant.

(Ord. 12024 § 1 (part), 1997)

The application for a creek protection permit shall include the following information for the categories indicated:

A.

Category I. No submittals from the applicant are required to obtain a creek protection permit for this category of development or work, except for normal submittal requirements related to other permits that must be obtained.

B.

Category II. In addition to normal submittal requirements related to other permits that must be obtained, a simple site plan must be submitted that shows the relationship and distance between the development or work to be conducted and the top of bank of the creek. Staff shall confirm the location of the creek by methods such as field inspections, reviewing aerial photographs of the property overlain by contour lines that are part of the city's Geographic Information System (GIS).

C.

Category III. In addition to normal submittal requirements related to other permits that must be obtained, a site plan must be submitted that shows the relationship and distances between the development or work to be conducted and the top of bank of the creek. In addition, a creek protection plan must be submitted for review and approval that describes the best management practices that will be employed to assure construction activity will not adversely impact creek bank, riparian corridor or water quality.

D.

Category IV. In addition to normal submittal requirements related to other permits that must be obtained, a site plan must be submitted that shows the relationship between the development or work to be conducted and the top of bank of the creek. A creek protection plan must be submitted for review and approval that describes the best management practices that will be employed to assure construction activity will not

adversely impact creek bank, riparian corridor, or water quality. A hydrology report must be submitted for review and approval pursuant to Section 13.16.170.

Categories I and II are ministerial actions and therefore exempt from CEQA. Categories III and IV are discretionary actions and therefore subject to CEQA review. Reclassification by the Chief of Building Services is discretionary and therefore subject to CEQA review.

(Ord. 12024 § 1 (part), 1997)

When required, a creek protection plan, including creek protection measures, shall be submitted prior to the issuance of a creek protection permit. The purpose of the creek protection plan is to protect the creek, its banks, the riparian vegetation, wildlife, surrounding habitat and the creek's natural appearance. The following are the minimum elements that must be addressed in a creek protection plan that is to be prepared by the applicant and submitted for city review and approval prior to the issuance of a creek protection permit for development or work that is determined by the city to fall into Categories III or IV as described above. (The Chief of Building Services may require additional reasonable information due to special circumstances):

A.

Property identification;

B.

Name of the property owner;

C.

Name of the general contractor;

D.

Name of subcontractors;

E.

Telephone numbers of primary contact people;

F.

List of informational material related to creek protection, provided to workers on the site;

G.

Litter prevention measures;

H.

Dust control measures;

I.

Methods of cleaning tools and equipment;

J.

Construction site fencing;

K.

Erosion control protection;

L.

Future and ongoing siltation and erosion control;

M.

Wet weather protection;

N.

Stockpile locations;

O.

Special circumstances/additional information; and

P.

Emergency preparations for construction related spills.

(Ord. 12024 § 1 (part), 1997)

A hydrology report is required to meet the standards of, and requirements established by the Chief of Building Services, if the proposed construction activity falls into Category IV of a creek protection permit or if the proposed activity has the potential to:

A.

Discharge concentrated stormwater into or connect any stormwater pipe or stormwater channel to a creek;

B.

Modify the natural flow of water in a creek;

C.

Cause development within a creek floodway, riparian corridor, or within twenty (20) feet from the top of bank of a creek.

D.

Deposit in, plant non-native vegetation in, or remove any material from a creek including its banks, except as required for necessary maintenance of creeks; or

E.

Construct, alter, enlarge, connect to, change, or remove any structure in a creek.

(Ord. 12024 § 1 (part), 1997)

The following are the minimum elements that must be addressed in a hydrology report that is to be prepared by a licensed civil engineer with creek hydrology expertise and submitted for city review and approval prior to the issuance of a creek protection permit for development or work that is described in Section 13.16.160. (The Chief of Building Services may require additional reasonable information due to special circumstances):

A.

Property identification;

B.

Name of the property owner;

C.

California Department of Fish and Game approval, if appropriate;

D.

Alameda County Flood Control and Water Conservation District approval, if appropriate;

E.

Five year, ten year, twenty-five (25) year and one hundred (100) year flows and water surface levels;

F.

How future development in the area (unrelated to the proposed work) may impact flows;

G.

Creek bank stability, before and after the project;

H.

Impact of proposed work with regard to direction, as well as quantity of flow in the creek;

I.

Upstream and downstream conditions, before and after project construction;

J.

Location of major drainage facilities (e.g. trash racks, culverts, discharge points, etc.);

K.

Profile of stream bed across the property and upstream and downstream one hundred (100) feet in each direction;

L.

Cross sections at fifty (50) foot intervals (or as determined to be necessary by the Chief of Building Services);

M.

Proposed improvements to the creek, including any vegetative or other natural screening enhancements utilized;

N.

Impacts of proposed project on existing vegetation or wildlife within the affected riparian corridor; and

O.

Special circumstances/additional information.

(Ord. 12024 § 1 (part), 1997)

Notices shall be provided in accordance with the following procedures for all applications initially classified, or subsequently reclassified by the Chief of Building Services in accordance with Section 13.16.130, as Categories III and IV:

A.

Category III. The applicant shall be required to post notices of the application (provided by the city) in clear public view on the subject property and within a three hundred (300) foot radius of the subject property. The Chief of Building Services may determine that the applicant shall also be required to mail a public notice, provided by the city, to all property owners of record within a three hundred (300) foot radius of the subject property. The determination of the Chief of Building Services to require mail notice is within his or her absolute discretion and is not appealable. One factor the Chief of Building Services may consider is whether the mailed notice is, or will be, already provided due to other permit application. If mailing is required, the list of property owners shall be provided by the city. The applicant shall provide an affidavit of mailing.

Category IV. The applicant shall be required to post notices of the application (provided by the city) in clear public view on the subject property and within a three hundred (300) foot radius of the subject property. The applicant shall also be required to mail a public notice, provided by the city, to all property owners of record within a three hundred (300) foot radius of the subject property. The list of property owners shall be provided by the city. The applicant shall provide an affidavit of mailing.

B.

Notices shall be provided ten calendar days before a decision is made on the application.

C.

Notice by mail is deemed given on the date the notice is placed into the U.S. mail system.

(Ord. 12024 § 1 (part), 1997)

In granting a creek protection permit, the Chief of Building Services may attach such conditions thereto as he/she deems reasonably necessary to carry out the purposes and intent of this chapter, including without limitations, protecting the creek, the riparian corridor and vegetation, safeguarding life, public and private property, and to assure all development or work is carried out in an orderly manner in conformance with all regulations and without creating a public nuisance; and he/she may add to, remove, or change such conditions from time to time during the duration of the permit as deemed reasonably necessary as a result of changed conditions or otherwise.

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

(Ord. 12024 § 1 (part), 1997)

A creek protection permit shall be granted if the applicant demonstrates to the satisfaction of the Chief of Building Services that all the following criteria are met:

A.

The proposed activity (during construction and after project is complete) will not (directly or indirectly) adversely affect the creek. In determining whether the creek would be adversely impacted, the Chief of Building Services shall, at a minimum, consider the following factors:

Whether the proposed activity may discharge pollutants into the creek;

Whether the proposed activity may result in modifications to the natural flow of water in the creek;

Whether the proposed activity may deposit new material into the creek or cause bank erosion or instability;

Whether the proposed activity may result in alteration of the capacity of the creek; and

Such other factors as the Chief of Building Services deems appropriate.

B.

The proposed activity will not adversely affect the riparian corridor, including riparian vegetation, animal wildlife or result in loss of wildlife habitat;

C.

The proposed activity will not degrade the visual quality and natural appearance of the riparian corridor;

D.

The proposed activity is consistent with the intent and purposes of this chapter;

E.

The proposed activity will not endanger public or private property; and

F.

The proposed activity will not (directly or indirectly) threaten the public's health or safety.

If in the opinion of the Chief of Building Services the above findings can be met with imposition of Conditions For Issuance, pursuant to Section 13.16.190, the Chief of Building Services may grant the permit upon imposition of such conditions.

(Ord. 12024 § 1 (part), 1997)

The Chief of Building Services shall issue a written decision granting or denying each application for a creek protection permit, (Categories III and IV initially classified, or subsequently reclassified by the Chief of Building Services as Categories III or IV). The decision shall contain findings as to the conformity of the proposed development project with each of the criteria for permit approval specified in Section 13.16.200A

through E, and the determination of permit category specified in Section 13.16.130. The decision shall be mailed to the applicant and to each person who commented on the application and who has provided a self-addressed, stamped envelope to the Chief of Building Services.

(Ord. 12024 § 1 (part), 1997)