Chapter 18.02 — STORMWATER MANAGEMENT AND DISCHARGE CONTROL

Editor's note— Ord. No. 13-02, § 1(exh. A), adopted Nov. 5, 2013, amended Ch. 18.02, in its entirety to read as herein set out. Former Ch. 18.02, §§ 18.02.010—18.02.100, pertained to similar subject matter, and derived from Ord. 04-08, § 2 Exh. A (part).

A. The intent of this chapter is to protect and enhance the water quality in the City of Orinda'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, which require implementation of appropriate source control and site design measures, as well as stormwater treatment measures for development projects. C.

It is the purpose of the City Council in enacting this chapter to protect health, safety and general welfare by: 1. Minimizing non-stormwater discharges to the stormwater system, which contain pollutants that would otherwise degrade the water quality of local streams. 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 stormwater system from spills, dumping or disposal of materials other than stormwater. 4. Reducing stormwater runoff 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. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

The City Manager or their designee shall administer this chapter for the City. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

This chapter shall be construed consistent with the requirements of the Federal Clean Water Act and amendments thereto or applicable implementing regulations, and the City's NPDES permit. Nothing in this Chapter shall be interpreted as imposing responsibility or liability on the City for violations originating on private property. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

A. In accordance with thresholds and effective dates in the City's NPDES permit, every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the City's NPDES permit shall be accompanied by a stormwater

control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook. B. Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section. C. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the Guidebook. D. All stormwater management facilities shall be maintained according to the Guidebook and the approved stormwater control operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the stormwater control operation and maintenance plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The stormwater operation and maintenance plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Title 19 of this Code. E. For access to stormwater management facilities for inspections and maintenance, recorded covenants or easements shall be provided by the property owner for access by the City, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

A. The release of non-stormwater discharges to the stormwater system is prohibited. B. The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the City's NPDES permit is prohibited. C. The following discharges are exempt from the prohibition set forth in subsection A above: 1.

Any discharge in compliance with a NPDES permit issued to the discharger. 2. Flows from riparian habitats and wetlands, diverted stream flows, flows from natural springs, rising groundwaters, uncontaminated and unpolluted groundwater infiltration, single-family homes' pumped groundwater, foundation drains, and water from crawl space pumps and footing drains, and pumped groundwater from drinking water aquifers. D. The following discharges are exempt from the prohibition set forth in subsection A above if and only if the discharges are in accordance with conditions including but not limited to, specific conditions for each type of discharge set forth in Section C.15 of the City's NPDES permit: pumped groundwater from non-drinking- water aquifers; pumped groundwater from other sources, foundation drains, and water from crawl space pumps and footing drains; air conditioning condensate; planned discharges from routine operation and maintenance activities in the potable water distribution system; unplanned discharges from breaks, leaks, overflows, fire hydrant shearing, or emergency flushing of the potable water distribution system; emergency discharges of the potable water distribution system as a result of firefighting, unauthorized hydrant openings, or natural or man-made disasters; individual residential car washing; swimming pool, hot tub, spa, and fountain water discharges, and discharges from irrigation water, landscape irrigation, and lawn or garden watering. Limitations on swimming pool discharges are set forth in Chapter 17.15 of Title 17, Zoning and Planning. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

Any discharge that would result in or contribute to a violation of the City's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

A. It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the stormwater system, and to commence or continue any unauthorized discharges to the stormwater system. B. No discharge shall cause the following conditions, create a nuisance, or adversely affect beneficial uses of waters of the State: 1.

Floating, suspended or deposited macroscopic matter or foam; 2. Bottom deposits or aquatic growth; 3. Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota; 4. Visible, floating, suspended or deposited oil or products of petroleum origin; or 5. Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

A. Generally. Any person owning or operating premises that may contribute pollutants to the stormwater system shall undertake best management practices to reduce the potential for pollutants entering the system to the maximum extent practicable. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, residences, pool clubs, mobile sources and other commercial enterprises. Examples of best management practices include, but are not limited to, those described in publications by the United States Environmental Protection Agency, the California Water Boards, the California Stormwater Quality Association, the Bay Area Stormwater Management Agencies Association, the Contra Costa Clean Water Program, and the City of Orinda. B. Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities. C. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property 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 the 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 as required for the disposal of solid waste. This section constitutes an alternative procedure and shall not limit or restrict

the City from the civil, criminal or administrative enforcement of this or other city ordinances in any other matter provided by law. D. Maintenance of Facilities and Landscaped Areas. Best Management Practices shall be implemented to minimize the release of pesticides, fertilizers, herbicides, and other related materials used to maintain landscaping and facilities. E. Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the stormwater system. The City may require installation and maintenance of devices or facilities to prevent the discharge of trash or other pollutants from private parking lots, streets, roads, and drainage facilities into the storm drain system. Failure or refusal to comply with such requirement is prohibited and shall constitute a violation of this Chapter. F. Construction Activities. All construction projects shall incorporate site-specific BMPs, which can be a combination of BMPs from the California BMP Handbook, Construction, January 2003, the Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices Manual, March 2003, the San Francisco Bay Regional Water Quality Control Board Erosion and Sediment Control Field Manual, 2002, the City's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the approving authority. The City may establish controls on the rate, volume, and duration of stormwater runoff from new developments as may be appropriate to minimize the discharge and transport of pollutants. G. Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the City with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit. H. Development Runoff Requirements. For each new development project subject to the development runoff requirements, every applicant will submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume, flows, and durations shall be managed in accordance with the development runoff requirements.

I. Stormwater Pollution Prevention Plan. The City Manager may require any business or utility in the City that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures, carried out partially or wholly out of doors. J. Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include, in that Plan, provision for compliance with this chapter, including the prohibitions of non-stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

A. Generally. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non- stormwater to the stormwater system, inspection of stormwater treatment and flow-control facilities for proper operation and evidence of routine and corrective maintenance, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special districts, including but not limited to, the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board. The City Council may, by resolution, establish a schedule of fees for inspections. B. Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any Officer may establish on any property such devices as are reasonably necessary to conduct sampling or metering operations. During all authorized inspections, the Officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. C. Notification of Spills. All persons in charge of the premises or responsible for emergency response for the premises have a responsibility to train premises' personnel and maintain notification procedures to ensure that immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the stormwater system.

As soon as any person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the stormwater system, such person shall take all necessary steps to ensure the detection and containment and clean-up of such release and shall notify the City of the occurrence by calling 911. This notification requirement is in addition to and not in lieu of other required notifications. D. Requirement to Test or Monitor. Any Officer may require that any person engaged in any activity or owning or operating any premises that may cause or contribute to non-stormwater discharges, undertake such monitoring activities or analysis and furnish such reports as the Officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required. (Ord. No. 13-02, § 1(exh. A), 11-5-13)

Any person who violates any provision of this chapter, or the provisions of any permit issued pursuant to this chapter, or who releases a non-stormwater discharge, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the Porter- Cologne Act, and may be subject to the enforcement provisions of those Acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this chapter may also include notice to the violator of such potential liability pursuant to federal or state law. (Ord. No. 13-02, § 1(exh. A), 11-5-13)