Oakley Municipal Code § 6.11.102 Intent and Purpose

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

b. This chapter also carries out the conditions in the City’s National Pollutant Discharge Elimination System (NPDES) permit that require effective, February 15, 2005, implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre or more of impervious surface, and that, effective August 15, 2006, reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface.

c. It is the purpose of the City Council in enacting this chapter to protect the health, safety and general welfare of Oakley’s citizens by:

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

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

3. Controlling the discharge to the City’s stormwater system from spills, dumping or disposal of materials other than stormwater.

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

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

a.

"Best Management Practices" or "BMP"

are structural devices, measures, stormwater management facilities or activities that help to meet development runoff requirements at the premises. BMP also include schedules of activities, prohibitions or practices, general good housekeeping, pollution prevention practices, maintenance procedures and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands.

b.

"City’s NPDES permit"

shall mean the NPDES permit issued to the City of Oakley, Permit No. CAS0029912, and any subsequent amendment, reissuance or successor to this NPDES permit.

c.

"Development runoff requirements"

shall mean the provisions in the City’s NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality. In the City’s 1999 NPDES permit these requirements are in Section C. 3.

d.

"Director"

shall mean the City Engineer of the City of Oakley or his or her designee.

e.

"Enforcement officer" or "Officer"

shall mean those individuals designated by the director to act as authorized enforcement officers.

f.

"Guidebook"

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

g.

"Non-stormwater discharge"

is any addition of any pollutant to the City’s stormwater system, except discharges pursuant to a NPDES permit, or discharges further exempted in Section 6.11.206(c) and (d) of this chapter.

h.

"Pollutant"

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

i.

"Premises"

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

j.

"Responsible person"

shall mean the owner or occupant of any premises or who engages in any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the City’s stormwater system.

k.

"Stormwater"

shall mean flow on the surface of the ground resulting from precipitation.

l.

"Stormwater management facility"

shall mean any device designated to detain, retain, filter, or infiltrate stormwater.

m.

"Stormwater control plan"

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

n.

"Stormwater system"

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

The director or his designee shall administer this chapter for the City.