Article 2 — Discharge Regulations and Requirements

The discharge of non-storm water discharges to the City storm water system is prohibited. All discharges of material other than storm water must be in compliance with an NPDES permit issued for the discharge (other than NPDES Permit No. CAS612008) and this article.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

The following discharges are exempt from the prohibition set forth in this article:

(a)

The prohibition on discharges shall not apply to any discharge regulated under a national pollutant discharge elimination system (NPDES) permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

(b)

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, municipal street cleaning, municipal park maintenance, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, 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 firefighting, and accordingly are not subject to the prohibition on discharges.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Any discharge that would result in or contribute to a violation of NPDES Permit No. CAS612008, the terms of which are incorporated herein by reference, and which is on file in the office of the City Clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, including, without limitation, the owner of the property upon which the discharge occurred, and such persons shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

It is prohibited to commence or continue any illicit discharges to the City storm water system.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Any person engaged in activities which will or may result in pollutants entering the City storm water system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include 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 structures, 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 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 of Pacifica in front of which there is a paved sidewalk shall maintain said sidewalk free of litter to the maximum extent practicable.

No person shall throw or deposit litter in any pond, lake, ocean, stream or any other body of water 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 water system.

(c)

Best management practices for new developments and redevelopments. Any person performing construction activity or development in the City shall provide filter materials at the nearest downslope catch basin to retain any debris and dirt flowing into the City's storm water system. City 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 including, but not limited to, a requirement to limit storm water runoff to pre-project levels.

(d)

Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by the City for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Planning Director or his/her designee.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

(a)

Any person performing construction activities or development in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment, stockpiles, or exposed soil from entering the City storm water system or watercourse.

(b)

All construction plans and applications submitted to the City pursuant to any permit applications shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from

construction materials, tools, and equipment, stockpiles, or exposed soil from entering the City storm water system or watercourse.

(1)

Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation or application of soil binders, straw mulch, wood mulch, fiber rolls, check dams, and erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm water system and watercourses, installation of silt fences, fiber rolls, check dams, or gravel bags, and installation of construction entrance controls to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The City will provide references to current guidance manuals and BMP information on request.

(2)

Financial security may be required to insure that temporary measures to control storm water pollution are implemented and maintained during construction and after construction for a period determined by the City. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the City.

(3)

When any work is being done contrary to the provisions of this chapter, including failure to properly install or maintain applicable BMPs, the enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the City of Pacifica Municipal Code.

(4)

The City has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post-construction).

(5)

All construction plans and applications for construction activity submitted to the City shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

(a)

Storm water treatment requirements as specified in NPDES Permit No. CAS612008 are mandated for certain categories of new development and redevelopment projects based upon the amount of impervious area created, added, or replaced by a project. Applicable requirements for storm water treatment shall be determined by whether a project is categorized as a regulated project, small project, or single-family home project, including applicable subcategories thereto, as described in NPDES Permit No. CAS612008. Treatment measures shall be designed to the technical specifications and other design criteria as specified in the NPDES permit.

(b)

Prior to issuance of a building permit, an applicant shall submit a completed checklist provided by the City, and any plans, reports, or other technical information that, in the opinion of the Planning Director or his/her designee, are necessary to determine whether a project is subject to and/or has complied with the requirements of NPDES Permit No. CAS612008.

An application for a discretionary permit under Title 9 of the Pacifica Municipal Code shall not be deemed complete until an applicant has submitted the information described in the first paragraph of this subsection (b), unless the Planning Director or his/her designee authorizes in writing the submission of such information at a later time.

(c)

It is a violation of this chapter for any occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City of Pacifica to fail to properly operate or maintain any approved storm water treatment measure, treatment facility, and/or best management practice measure.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain 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 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 bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)