Portola Valley Municipal Code Ch. 8.28 Stormwater Management and Discharge Control

This chapter shall be known as the "Portola Valley Stormwater Management and Discharge Control Ordinance" and may be so cited.

(Ord. 1998-308 § 2 (part), 1998)

A. Clean Water Act Definitions. Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990, (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in the statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended: Discharge, illicit discharge, pollutant, and stormwater. These terms presently are defined as follows:

1. "Discharge" means: any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source.

2. "Illicit discharge" means any discharge to the town storm sewer system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit and discharges resulting from firefighting and other emergency response activities.

3. "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or destroyed equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water.

4. "Stormwater" means stormwater runoff and surface runoff and drainage.

B. Other Definitions. When used in this chapter, the following words shall have the meanings ascribed to them in this section:

1. "Authorized enforcement official" means the town administrator or his/her designees is hereby authorized to enforce the provisions of this chapter.

2. "Best management practices" ("BMPs") means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

3. "Town" means the town of Portola Valley.

4. "Town storm sewer system" includes but is not limited to those facilities within the town by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made or natural channels and creeks.

5. "Nonstormwater discharge" means any discharge that is not entirely composed of storm water except those noted within an NPDES permit and this chapter.

6. "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

7. "Watercourse" means a natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

(Ord. 1998-308 § 2 (part), 1998)

This chapter shall be administered for the town by the town administrator and his/her designees.

(Ord. 1998-308 § 2 (part), 1998)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or reissuance thereof.

(Ord. 1998-308 § 2 (part), 1998)

If any portion of this chapter is declared invalid, the remaining portions of this chapter are to be considered valid.

(Ord. 1998-308 § 2 (part), 1998)

A. It is the intent of this chapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this chapter to prohibit all economically viable use of any private lands, nor to result in a confiscatory impact. Accordingly, the purpose of this section is to provide for an administrative procedure for a waiver or modification of a particular provision of this chapter in the event the strict application of this chapter would result in the denial of all economically viable use of real property.

B. An applicant for a waiver of provision of this chapter shall file a written waiver request with the town engineer identifying the provision sought to be waived or modified. The applicant shall submit a written request and shall provide all documentation and information required by the town engineer to determine whether application of the provision in question will prohibit any economically viable use of the land in question or otherwise have an impermissible confiscatory result.

C. The town engineer may approve, deny, or conditionally approve a waiver application upon making all of the following written findings:

1. That the application of the provision for which a waiver or modification is sought would result in the denial of substantially all economically viable use of the real property in question;

2. To the extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this chapter as closely as possible while still allowing economically viable use of the real property in question;

3. Approval of such a waiver will not result in a public nuisance which would constitute a significant threat to public health or safety.

D. Any decision of the town engineer shall be appealable to the town council.

(Ord. 1998-308 § 2 (part), 1998)

The discharge of nonstormwater discharges to the town storm sewer system is prohibited. All discharge of material other than stormwater must be in compliance with an NPDES permit issued for the discharge (other than NPDES Permit No. CA0029921) and this chapter. The following discharges are exempt from the prohibition set forth in Section 8.28.090:

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 other emergency response activity, and accordingly are not subject to the prohibition on discharges.

(Ord. 1998-308 § 2 (part), 1998)

Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is on file in the office of the town engineer, 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 person(s) shall defend, indemnify, and hold harmless the town in any administrative or judicial enforcement action relating to such discharge.

(Ord. 1998-308 § 2 (part), 1998)

It is prohibited to commence or continue any illicit discharges to the town storm sewer system.

(Ord. 1998-308 § 2 (part), 1998)

Any person engaged in activities which will or may result in pollutants entering the town storm sewer 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 town streets, etc. The following minimum 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 town, so that the same might be or become a pollutant, except in lawfully placed containers or in lawfully established dumping grounds.

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

B. Standards 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 town storm sewer system.

C. Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the town shall endeavor, whenever possible, to provide filter materials at the catch basin to retain any debris and dirt flowing into the town's storm sewer system. Town may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

D. Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by the town for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater 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 director of public works).

(Ord. 1998-308 § 2 (part), 1998)

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.

(Ord. 1998-308 § 2 (part), 1998)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter, provided that (i) if such premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge of control of the premises and request entry.

Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors.

A. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-stormwater discharges entering the town storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the town of the occurrence by telephoning (650) 851-1700 and confirming the notification by correspondence to the town administrator.

B. Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analysis and furnish such reports as the official 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/or reports requested.

(Ord. 1998-308 § 2 (part), 1998)

Unless otherwise provided, a person, firm, corporation, or organization, shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable accordingly as herein provided.

(Ord. 1998-308 § 2 (part), 1998)

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 1998-308 § 2 (part), 1998)

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

A. A temporary and/or permanent injunction.

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section.

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorneys' fees and court costs.

D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this section shall be paid to the town to 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. 1998-308 § 2 (part), 1998)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize administrative remedies.

(Ord. 1998-308 § 2 (part), 1998)

Remedies under 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. 1998-308 § 2 (part), 1998)

The first revision of the business plan for any facility subject to the town's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibition on non-stormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable.

(Ord. 1998-308 § 2 (part), 1998)