Pinole Municipal Code Ch. 8.20 Stormwater Management and Discharge Control

A. Intent. The intent of this chapter is to protect and enhance the water quality of the city'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. NPDES Permit. 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 on 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. Purpose. It is the purpose of the City Council in enacting this chapter to protect the health, safety and general welfare of Pinole's citizens by:

1. Minimizing non-stormwater discharges, whose pollutants 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. (Ord. 2004-16 § 1(part), 2004)

The following words and phrases when used in this chapter shall be as defined in this section. Words and phrases used 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 in the State Water Code.

A. AUTHORIZED ENFORCEMENT OFFICER(S) or OFFICER. Those individuals designated by the City Engineer to act as Authorized Enforcement Officers.

B. BEST MANAGEMENT PRACTICES or BMPs. 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. 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 Pinole.

C. CITY’S NPDES PERMIT. The NPDES permit issued to the City of Pinole, Permit No. CAS0029912, and any subsequent amendment, reissuance or successor to this NPDES permit.

D. DEVELOPMENT PROJECT. The whole of an action which has the potential for adding or replacing or resulting in the addition or replacement of roofs, pavement, or other impervious surfaces and thereby resulting in increased flows and stormwater pollutants. A Development Project includes, but is not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit.

E. DEVELOPMENT RUNOFF REQUIREMENTS. 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. These requirements are in Contra Costa Clean Water Program Stormwater C.3. Guidebook.

F. FULL TRASH CAPTURE SYSTEM. Any device or series of devices that traps all particles retained by a 5mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour, storm in the tributary drainage catchment area.

G. CITY ENGINEER or DIRECTOR. The Director of Public Works or his or her designee.

H. GUIDEBOOK. The most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.

I. NON-STORMWATER DISCHARGE. Any addition of any pollutant to the City's stormwater system, except discharges pursuant to a NPDES permit, or discharges further exempted in Section 8.20.060 C and D of this chapter.

J. FACILITY. Any nonresidential premises.

K. POLLUTANT. Any material other than stormwater, including but not limited to petroleum products or byproducts, 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.

L. PREMISES. Any building, lot, parcel, structure, facility, real estate, land or portion of land whether improved or unimproved, or installation, (including a building’s grounds or other appurtenances), and adjacent sidewalks and parking strips. Examples of premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises.

M. RESPONSIBLE PERSON. 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.

N. STORMWATER. The flow on the surface of the ground resulting from precipitation.

O. STORMWATER MANAGEMENT FACILITY. Any device that utilizes detention, retention, filtration, harvest for reuse, evapotranspiration, or infiltration to provide treatment (and/or control volume, flows, and durations) of stormwater for purposes of compliance with Development Runoff Requirements, including without limitation, a Full Trash Capture System.

P. STORMWATER CONTROL PLAN. A plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.

Q. STORMWATER SYSTEM. Those 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 system, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of publicly owned treatment works (“POTW”) as that term is defined in 40 CFR Section 122.2.

R. UNLAWFUL DISCHARGE. Any discharge to the City’s stormwater system that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit, discharges resulting from firefighting activities and discharges further exempted at Section 8.20.050 of this chapter.

(Ord. 2017-13 § 2, 2017; Ord. 2004-16 § 1(part), 2004).

This chapter shall be administered for the City by the City Engineer. (Ord. 2004-16 § 1(part), 2004).

This chapter shall be construed consistent with the requirements of the Federal Clean Water Act and acts amendatory thereof or applicable implementing regulations and NPDES permit No. CA0029912/0083313 and any amendment, revision or reissuance of the permit. (Ord. 2004-16 § 1(part), 2004).

A. Every application for a development project 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 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 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 Sections 8.20.170 and 8.20.180.

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. 2017-13 § 3, 2017; Ord. 2004-16 § 1(part), 2004).

A. The release of non-stormwater discharges to the City's 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 of this section:

1. Any discharge in compliance with a NPDES permit issued to the discharger.

2. Flows from riparian habitats and wetlands, diverted stream flows, springs, rising groundwater and uncontaminated ground water infiltration.

D. The following discharges are exempt from the prohibitions set forth in subsection (A) above if the discharges are in accordance with specific conditions for each type of discharge set forth under section C.11. of the City's NPDES permit: uncontaminated pumped groundwater from sources other than drinking water aquifers, including but not limited to non-drinking water aquifers, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from routine operation and maintenance activities in the potable water sources, unplanned discharges from breaks, leaks, overflows, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, natural or man-made disasters and dechlorinated swimming pool, hot tub, spa and fountain water discharges.

(Ord. 2017-13 § 4, 2017; Ord. 2004-16 § 1(part), 2004)

Any discharge that would result in or contribute to a violation of NPDES permit No. CA 0029912/0083313 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, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge. (Ord. 2004-16 § 1(part), 2004).

A. It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City's stormwater system, and to commence or continue any unauthorized discharges to the City's 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. 2004-16 § 1(part), 2004).

Any person owning or operating premises that may contribute pollutants to the City's 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, and other commercial enterprises. Further, where best management practices or other requirements have been adopted by and federal, state, regional, City or county agency, for any activity, or operation of premises, which may cause or contribute to non-stormwater discharge, every person undertaking such activity, operation, or owning and operating such premises, shall comply with such BMPs or requirements. The City may require the owner of any premises regulated by this chapter to enter into a long-term covenant or agreement, in a form approved by City, to ensure the operation and maintenance of any facilities required hereunder, including without limitation a Full Trash Capture System, in compliance with the provisions of this chapter.

A. Littering. 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, stormwater system, creek, fountain, pool, lake, stream, river or any other body of water, business place, or upon any public or private plot of land in the city so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.

The occupant or tenant, or in the absence of occupant or tenant, the owner 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 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.

B. Bodies of Water. No person shall throw or deposit litter in any fountain, pool, lake, creek, stream, river or any other body of water in a park or elsewhere within the City.

C. Maintenance of Premises and Landscaped Areas. Persons owning, operating, or maintaining premises, including landscaped areas, shall implement best management practices to minimize the release of pesticides, fertilizers, herbicides, and other related materials used to maintain landscaping and related facilities. Persons owning, operating, or maintaining premises shall further implement best management practices to minimize the release of litter, trash, or other refuse.

D. Standard for Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gas 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. Persons owning, operating or maintaining such premises shall install and maintain a Full Trash Capture System, and any other devices or facilities specified by the Director, on all inlets to the City’s stormwater system no later than January 1, 2019, to prevent the discharge of trash or other pollutants to the City’s stormwater system from private parking lots, streets, roads, and drainage facilities into the stormwater system. Failure or refusal to timely comply with such requirement is prohibited and shall constitute a violation of this chapter, except that the Director may waive this requirement or extend the deadline for compliance for any premises for which the Director determines, in his or her sole judgment, that installation of a Full Trash Capture System is not feasible or necessary to prevent discharge of pollutants.

E. Best Management Practices for New Developments and Redevelopments. All construction contractors performing work in the City shall conform to the requirements of the Best Management Practices (BMPs) for Construction Activities and New Development and Redevelopment required by 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 director when undertaking construction activities. As a minimum, such BMPs shall include provision for filter materials placed to preclude an increase in debris and sediments entering the stormwater system over “non project” conditions. The City Engineer may establish controls on the rate, volume, and duration of stormwater runoff from construction projects as may be appropriate to minimize the discharge and transport of pollutants. All construction sites must implement and maintain at least the following minimum BMPs: erosion control at the site, run-on and run-off controls to and from the site, control of sediments and fines on the site, active treatment systems (as necessary), good site management, and non-stormwater management.

F. Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity or other discharge described in any general stormwater permit addressing such 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 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 such permit.

G. Development Runoff Requirements. For each new development and redevelopment 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 and flows shall be managed in accordance with the development runoff requirements.

H. Compliance with Best Management Practices. Where best management practice guidelines or requirements have been adopted by any federal, state, regional, City and/or county agency, for any activity, operation or facility which may cause or contribute to non-stormwater discharges, every person undertaking such activity or operation or owning and operating such facility shall comply with such guideline or requirement.

I. Stormwater Pollution Prevention Plan. The City Engineer may require any business in the city that is engaged in activities which 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 which are carried out partially or wholly out of doors.

J. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business subject to the hazardous materials 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 for non-stormwater discharges and, the requirement to reduce release of pollutants to the maximum extent practicable.

(Ord. 2017-13 § 5, 2017; Ord. 2004-16 § 1(part), 2004).

A. Every person who owns, leases or operates any premises containing a stormwater management facility or facilities is required to obtain annually a valid operation and maintenance certificate of compliance certifying to the inspection of and the proper operation and maintenance of the treatment measures and other appropriate source control and site design measures. Each responsible person subject to this requirement shall request an inspection from the City every 12 months. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the City shall inspect the property and shall either issue such certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, or shall issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate, or shall deny the certificate. A certificate shall be valid for one year from the date of issuance. The City Council may by resolution establish the fee for the inspection and certificate.

B. In lieu of a City inspection, such person may arrange for an inspection from a private company authorized to conduct inspections by the City. Such company shall use a City-approved inspection form that shall be executed under penalty of perjury. Should such inspection form establish that the treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, the City may issue an operation and maintenance certificate of compliance or the City may at its cost re-inspect the property and proceed as described in division A. The filing of a false inspection report shall be a misdemeanor. (Ord. 2004-16 § 1(part), 2004).

Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objects of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non-stormwater to the stormwater system, or similar factors. Such inspections may also be done in conjunction with routine or scheduled inspections conducted by other public agencies or special district, 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.

A. Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant or pursuant to a search or inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the Authorized Enforcement Officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite.

B. Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility have a responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of non-stormwater discharge into the City stormwater system.

As soon as any person in charge of a facility or responsible for emergency response for a facility or has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the city stormwater system, such person shall take all necessary steps to ensure the discovery and containment and cleanup such release and shall notify the city of the occurrences by telephoning the city engineer. This notification requirement is in addition to and not in lieu of other required notifications.

C. Requirement to Test or Monitor. Any Authorized Enforcement Officer may require that any person engaged in any activity or owning or operating any facility which may cause or contribute to non-stormwater discharges, undertake such monitoring activities and/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. 2004-16 § 1(part), 2004).

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor, except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the Authorized Enforcement Officer may be charged and prosecuted as an infraction. (Ord. 2004-16 § 1(part), 2004).

A. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

B. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. (Ord. 2004-16 § 1(part), 2004).

Every day any violation of this chapter shall continue shall constitute a separate offense. (Ord. 2004-16 § 1(part), 2004).

Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 2004-16 § 1(part), 2004).

Any person who violates any provision of this chapter, and provision of any permit issued pursuant to this chapter, or who releases a non-storwater discharge or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanction of those acts including civil and criminal penalties. Any enforcement actions authorized under this chapter may also include notice to the violator of such potential liability pursuant to federal or state law. (Ord. 2004-16 § 1(part), 2004).

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a nuisance, which may be abated as provided in Title 8 Health and Safety, Articles II Nuisances and III Abatement Procedure, of this code including the assessment of the costs of abatement which may be collected at the same time and in the same manner as ordinary municipal taxes as provided by Government Code section 38773.5, and by civil action to abate, enjoin or otherwise compel the cessation of such nuisance by the City Attorney. (Ord. 2004-16 § 1(part), 2004).

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies:

A. A temporary restraining order, preliminary and permanent injunction;

B. An action for an unlawful business practice pursuant to Business and Professions Code section 17206;

C. Reimbursement for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs, including attorney's fees, of preparing and bringing administrative action under this chapter;

D. Costs incurred in removing, correcting or terminating the adverse effect resulting from the violation;

E. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Costs and damages under this subsection shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 2004-16 § 1(part), 2004).

The remedies identified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2004-16 § 1(part), 2004).

Any person required to perform monitoring, analysis, reporting or correcting activities by any Authorized Enforcement Officer may be informed of such decision, in writing, by a notice of violation. Any person aggrieved by the decision of the Authorized Enforcement Officer may appeal in writing the decision of the City Engineer within ten days following the effective date of the notice of violation. Upon receipt of such request, the City Engineer shall request a report and recommendation from the Authorized Enforcement Officer and shall set the matter for hearing at the earliest practical date. At said hearing, the City Engineer may hear additional evidence, and may reject, affirm or modify the authorized enforcement officer's decision. The decisions of the City Engineer shall be final. (Ord. 2004-16 § 1(part), 2004).

The provisions of the California Code of Civil Procedure Section 1094.5 are applicable for judicial review of City Engineer determinations made pursuant to this chapter. (Ord. 2004-16 § 1(part), 2004).