San Anselmo Municipal Code Art. 2 Discharge Regulations and Requirements

(a) The discharge of non-stormwater discharges to storm drains 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 subsection 4 of this section are met.

(4) Irrigation systems must be designed to conserve water and prevent Incidental Irrigation Runoff. Property owners and persons responsible shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:

a. Detect and repair leaks from the irrigation system within 72 hours of discovering the leak;

b. Properly design and aim sprinkler heads to only irrigate the planned application area;

c. Do not irrigate during precipitation events; and

d. Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of a 25 year-24 hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the Town within 24 hours of the discharge.

(Ord. No. 1103, § 1, 6-23-2015)

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.

(a) 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.

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

(c) 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 or contamination, illicit discharges, and/or discharge of non-stormwater to the storm drains, 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 authorized enforcement official.

(Ord. No. 1103, § 1, 6-23-2015)

Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall throw, deposit, leave, maintain, or keep — or permit to be thrown, deposited, placed, left, maintained, or kept — any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or 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 or other premises in the Town, so that the same might be or become a pollutant discharged to water.

The occupant or tenant—or in the absence of the occupant or tenant, the owner, lessee, or proprietor—of any premises in the Town of San Anselmo 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 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.

(Ord. No. 1103, § 1, 6-23-2015)

The establishment, use, maintenance, or continuance of illicit connections to the storm drains or watercourse, and/or the commencement or continuance of illicit discharges to the storm drains 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 engaged in activities that will or may result in pollutants entering any storm drain or drains shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting Town streets or adjacent to streams

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

(d) The Town may perform clean-up and abatement work and recover its costs from the responsible person as provided in Section 5-8.14.

(Ord. No. 1103, § 1, 6-23-2015)

Any person performing construction activities in the Town shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering storm drains or watercourse.

The Town has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization.

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 each site using up-to-date standards and practices. The Town will provide references to current guidance manuals and BMP information on request.

(a) When required by the Phase II Stormwater Permit or by the Town, a project shall have an Erosion and Sediment Control Plan (ESCP) that addresses erosion and sediment control and pollution prevention during the construction phase, as well as final stabilization control measures. The ESCP and the specific control measures to be utilized shall be subject to the review and approval of the Town. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The Town shall require modifications of an approved ESCP if during the course of construction at a site unanticipated conditions occur, or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the Town for review and approval. An Erosion and Sediment Control Plan (ESCP) shall be required for any project:

(1) Subject to a grading permit under Chapter 18 Excavation, Grading and Erosion Control;

(2) 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) As required by the Town 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 and shall include information required in the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include:

(1) Description of the proposed project and soil disturbing activity;

(2) Site specific construction-phase Best Management Practices (BMPs);

(3) Rationale for selecting the BMPs;

(4) List of applicable outside agency 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).

(c) If the project requires coverage under the CGP issued by the State Water Resources Control Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said coverage, and a copy of the Waste Discharge Identification Number shall be submitted to the Town prior to issuance of a permit for construction. The applicant may submit the Storm Water Pollution Prevention Plan (SWPPP) required by the General Construction Activity Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP.

(d) 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 Town. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the Town.

(e) 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 San Anselmo Municipal Code.

(f) 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.

(Ord. No. 1103, § 1, 6-23-2015)

All new construction must minimize the creation of impervious surfaces and stormwater runoff. It shall be unlawful for any person to pave or otherwise create more than 150 square feet of impervious surface without first having secured a Flatwork Permit to do so from the Public Works Department.

(a) Small Projects. Projects creating between 150 and 500 square feet of impervious surface applicants shall develop, submit and implement a Stormwater Control Plan for small projects (SCP) as described in the San Anselmo specific BASMAA Post Construction Manual.

(1) The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the San Anselmo specific BASMAA Post Construction Manual.

(2) The project shall include one or more site design measures to reduce runoff. Low impact development site design measures include directing runoff from roofs and impervious pavement to vegetated areas that slow the speed and amount of water leaving a property, and use of permeable pavements.

(3) The specific practices proposed in the SCP shall be subject to the review and approval of the Town and shall be in general accordance with the San Anselmo specific BASMAA Post Construction Manual, and the Phase II Stormwater Permit.

(b) Large Projects: projects creating or replacing more than 500 square feet of impervious surface. Replacement or redevelopment of an impervious surface is defined as any work except for general maintenance as defined here: slurry seals, crack seals, regrouting, repair work less than 1-inch deep or less than 150 square feet. Also exempt from these requirements is the in-kind replacement of roofs.

In addition to the site design measures and a Flatwork Permit required for small projects, new and redeveloped projects that create or replace more than 500 square feet of impervious surface may require, as a condition of project approval, the following.

(1) Bioretention or permanent stormwater controls designed to remove sediment and other pollutants and to mimic the pre-project site hydrology by controlling the flow rates and/or the volume of stormwater runoff from the project's added and/or replaced impervious surfaces. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state, and local agencies, and where required by the Town, the San Anselmo Specific BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainage ways above ground and in as natural a state as possible, or other biological methods such as bioretention areas.

(2) Applicants shall develop, submit and implement a Stormwater Control Plan (SCP) as described below:

a. The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the San Anselmo specific BASMAA Post Construction Manual.

b. The specific practices proposed in the SCP shall be subject to the review and approval of the Town and shall be in general accordance with the San Anselmo specific BASMAA Post Construction Manual, and the Phase II Stormwater Permit.

c. The SCP is separate and distinct from the ESCP requirements described in Section 5-8.10

d. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines for bioretention facilities are outlined in the San Anselmo specific BASMAA Post Construction Manual.

(3) Applicants shall submit a preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The approval of the O&M Plan by the Town is required prior to final inspection and approval of building permit closure.

a. All stormwater management facilities shall be maintained according to the approved O&M Plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. The plan shall require that stormwater management facilities be inspected by those responsible for maintenance at least annually. The O&M Plan shall also describe how the maintenance will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with the O&M Plan, the Town may perform the maintenance and recover its costs from the responsible person as provided in Section 5-8.15.

b. Where deemed appropriate by the Town, access by the Town staff to stormwater management facilities for inspections, as provided in Section 5-8.12 — 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.

(4) All project proponents and their successors, or successors in fee title, in control of a project that is located within the Town and that is defined as a Regulated Project in Section E.12.c. of the Phase II Stormwater Permit, or where required by the Town, shall submit one of the following as a condition prior to final inspection and approval of building permit closure:

a. 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;

b. 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;

c. Written text in project deeds that require the property owner—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

d. 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 Town.

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

(c) In cases where site design measures are not possible, or on any project deemed significant to water quality and stormwater runoff, and that may result in an increase of runoff, the Town may:

(1) Require submission of a drainage/hydraulic/hydrologic analysis prepared by a professional engineer

(2) Establish specific runoff reduction standards

(3) Require bioretention for projects creating less than 500 square feet.

(d) The applicants shall, at the time of filing their application, pay such fee as is set forth by resolution of the Town Council.

(Ord. No. 1103, § 1, 6-23-2015)

(a) Every person owning, occupying, leasing, renting, or in control of 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 that would and/or could pollute, contaminate, or significantly retard 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) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the authorized enforcement official:

(1) Discharge into or connect any pipe or channel to a watercourse;

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

(3) Deposit in, plant 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 adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(Ord. No. 1103, § 1, 6-23-2015)