Ross Municipal Code Art. II Discharge Regulations

12.28.060 Discharge of Pollutants. (a) The discharge of non-stormwater discharges to a town storm drain is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge.

(b) Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection (a) of this section:

(1) Discharges regulated under another 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.

(2) Discharges or flows from fire-fighting activities unless they are identified as significant sources of pollutants to waters of the United States.

(3) Discharges from the following activities, provided any pollutants in the

discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented.

(A) Water line flushing;
(B) Individual residential car washing;
(C) Diverted stream flows;
(D) Rising groundwaters;
(E) Uncontaminated ground water infiltration (as defined at 40 C.F.R.
§35.2005(20)) to separate storm sewers;
(F) Uncontaminated pumped groundwater;
(G) Discharges from potable water sources;
(H) Foundation drains;
(I) Air conditioning condensation;
(J) Springs;
(K) Water from crawl space pumps;
(L) Footing drains;
(M) Flows from riparian habitats and wetlands;
(N) Dechlorinated swimming pool discharges; and
(O) Incidental irrigation runoff from landscaped areas provided the conditions in item 4 of this section are met.

(4) Discharges from incidental irrigation runoff; provided, irrigation systems must be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by: (A) Detecting leaks and correcting the irrigation system within 72 hours of discovering the leak;

(B) Properly designing and aiming sprinkler heads to only irrigate the planned application area;
(C) Not irrigating during precipitation events; and

(D) Where recycled water is used for irrigation, designing and managing holding ponds such that no discharge occurs unless it is the result of the 25 year-24 hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the County of Marin within 24 hours of the discharge.

(Ord. 657 (part), 2014; Ord. 529 Div. 1(part), 1995).

12.28.070 Discharge in violation of permit. Any discharge that would result in or contribute to a violation of the Phase II Stormwater Permit 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) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the town in any administrative or judicial enforcement action relating to such discharge. (Ord. 657 (part), 2014; Ord. 529 Div. 1(part), 1995).

12.28.080 Illicit discharges and illicit connections. The establishment, use, maintenance, or continuance of illicit connections to a town storm drain or watercourse, and/or commencement or continuance of any illicit discharges to a town storm drain or watercourse is prohibited. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(a) Any person responsible for a discharge, spill, or pollutant release shall promptly

cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

(b) Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.

(c) The town may perform clean-up and abatement work and recover its costs from the responsible person as provided in Sections 12.28.110 and 12.28.130, or as otherwise provided by law. (Ord. 657 (part), 2014; Ord. 529 Div. 1(part), 1995).

12.28.090 Reduction of pollutants in urban runoff. Any person engaged in activities which will or may result in pollutants entering a town storm drain shall undertake all practicable measures to cease such activities and/or eliminate or reduce such pollutants. Such activities include, but are not limited to, ownership, operation and/or use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting town streets.

(1) Littering. Except for pollutants lawfully disposed of by way of containers or at lawfully established dumping grounds, 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, such that, in the opinion of the authorized enforcement official, the same might be or become a pollutant discharged to the waters of the United States.

The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the town in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and/or litter to the maximum extent practicable. Sweepings from said 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 on said real property as required for the recycling or disposal of garbage.

(2) Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station or similar facility shall clean same as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to a town storm drain or watercourse.

(3) Best Management Practices for Construction, New Development, and Redevelopment.

(A) Any person performing construction, development or redevelopment activities in the town that require a permit or approval under the Ross Municipal Code, including but not limited to approvals under Titles 15, 17 and 18, shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering a town storm drain or watercourse.

(B) 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 of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances 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 agency will provide references to current guidance manuals and BMP information on request.

(C) Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
(D) When any work is being done contrary to the provisions of this article, the authorized 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 authorized 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 town of Ross Municipal Code.
- (E) All construction plans and applications for construction activity submitted to the town shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls.
(4) Erosion and Sediment Control Plan Requirements:
- (A) An Erosion and Sediment Control Plan (ESCP) shall be required for:
  1. Any project subject to a grading permit under Chapter 15.24;
  2. Any project subject to a building permit or other permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste;
  3. Any other project as required by the town manager or designee considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.
- (B) The ESCP shall be submitted for review and approval by the town manager or designee. The project applicant shall follow the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package to prepare the ESCP. At a minimum, the ESCP shall include:
  1. Description of the proposed project and soil disturbing activity.
  2. Site specific construction-phase BMPs.
  3. Rationale for selecting the BMPs, including if needed, soil loss calculations.
  4. List of applicable permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).
  5. Proof that the applicant has obtained the applicable permits associated with the soil disturbing activity must be submitted prior to approval of the

ESCP.

Project information as required by the ESCP applicant checklist provided in the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package :

i. Owner and contractor contact information
ii. Site information (location, status, size of project, size of disturbed area)
iii. Project watershed
iv. Planned start date and anticipated completion date (as may be revised from time to time).

(C) For projects subject to the State’s General Construction Activity Stormwater Permit (CGP), project applicants may submit a Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the CGP in lieu of submitting an ESCP.

(D) Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the town for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the town for review and approval. (5) Attention is directed to the town stormwater management ordinance, Chapter 15.54. Prior to and/or during construction, town manager or designee may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume, and to mimic the pre-development site hydrology. These controls may include limits on impervious area or provisions for detention and retention of runoff on-site.

(6) Stormwater Control Plan Requirements:
- (A) For each new development or redevelopment project subject to the post construction measures requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall submit a Stormwater Control Plan (SCP) that meets the criteria in the most recent version of the BASMAA Post Construction Manual , and shall implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures. Increases in runoff shall be managed in accordance with the post construction measures requirements.

The town may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project’s added or replaced impervious surfaces. The selection and design of such controls shall be in general accordance with criteria established or recommended by state, federal, and local agencies, and where required, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainageways above ground and in as natural a state as possible or other biological methods such as bioretention areas.

(B) The SCP is separate and distinct from the ESCP requirements described in Section 12.28.090(4).

(C) Where projects are required to have a SCP, project applicants shall follow the appropriate SCP template, based on the project type, in the BASMAA Post Construction Manual .

(D) Implementation of an approved SCP and submittal of an approved Stormwater Facilities Preparation and Maintenance Plan by the applicant shall be a condition precedent to the issuance of a building permit or a construction permit for a project subject to this section.

(E) Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

(F) 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 BASMAA Post Construction Manual .

(G) All stormwater management facilities shall be maintained according to the BASMAA Post Construction Manual and the approved Stormwater Facilities 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 facilities at least annually. The Stormwater Facilities Operation and Maintenance Plan shall describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with this chapter or the plan, the town may perform the maintenance and recover its costs from the responsible person as provided in Article III of this Chapter.

(H) For each new development and redevelopment project subject to the post construction measures requirements, or where deemed appropriate by the town, access by the town to stormwater management facilities for inspections, provided in Section 12.28.110, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.

(I) All project proponents and their successors, or successors in fee title, in control of a new development and redevelopment project subject to the post construction measures requirements, shall submit one of the following as a condition prior to final inspection and approval of building permit closure:

The project proponent’s signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity;
Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity;
Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally

transferred to another entity; or

Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the Permittee.

(7) Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, 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 Regional Water Quality Control Board, shall provide Permit Registration Documents, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.

Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(8) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation, or facility that may cause or contribute to stormwater pollution, contamination and/or illicit discharges, to a storm drain, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be required by the authorized enforcement official. (Ord. 657 (part), 2014; Ord. 529 Div. 1(part), 1995).

12.28.100 Watercourse protection. (a) Every person owning occupying, leasing, renting, or in control of the premises through which a watercourse passes shall: (1) keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute or contaminate the flow of water through the watercourse; (2) maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and (3) 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.

(b) In addition to the requirement for Town Council design review approval under Chapter 18.41, no person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the town manager or designee:

(1) Discharge into a watercourse;

(2) Modify the natural flow of water in a watercourse;

(3) Deposit in or remove any material from a watercourse including its banks, except as required for necessary maintenance;

(4) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

(5) Place any loose or unconsolidated material within a watercourse or so close to the side so as to cause a probability of such material being carried away by storm-waters.

(Ord. 657 (part), 2014; Ord. 529 Div. l(part), 1995).