San Bruno Municipal Code Art. I Title, Purpose and General Provisions

This chapter shall be known as the "City of San Bruno Storm Water Management and Discharge Control Ordinance" and may be so cited.

(Ord. 1558 § 1, 1994; Ord. 1902 § 3, 2021)

The purpose of this chapter is to ensure the future health, safety, and general welfare of city of San Bruno citizens by:

(A) Eliminating non-storm water discharges to the municipal separate storm sewer.

(B) Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than storm water.

(C) Reducing pollutants in storm water discharges to the maximum extent practicable.

(Ord. 1558 § 1, 1994; Ord. 1902 § 3, 2021)

(A) Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water 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 ordinance shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms presently are defined as follows:

Discharge.

a.

Any addition of any pollutant to navigable waters from any point source, or

b.

Any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

Illicit Discharge.

Any discharge to the city storm sewer system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting and other emergency response activities.

Pollutant.

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.

Storm Water.

Storm water runoff and surface runoff and drainage.

(B) When used in this chapter, the following words shall have the meanings ascribed to them in this section:

Authorized Enforcement Official.

The city manager or his or her designee is hereby authorized to enforce the provisions of this ordinance.

Best Management Practices ("BMPs").

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.

City.

The city of San Bruno.

City Storm Sewer System.

Includes but is not limited to those facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of the publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

Non-Storm Water Discharge.

Any discharge that is not entirely composed of storm water except those noted within an NPDES permit and this ordinance.

Premises.

Any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

Watercourse.

A natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

(Ord. 1558 § 1, 1994; Ord. 1902 § 3, 2021)

This chapter shall be administered for the city by the city manager and his or her designees.

(Ord. 1558 § 1, 1994; Ord. 1902 § 3, 2021)

This ordinance 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. 1558 § 1, 1994; Ord. 1902 § 3, 2021)

(A) It is the intent of this ordinance 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 ordinance 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 ordinance in the event the strict application of this ordinance would result in the denial of all economically viable use of real property.

(B) An applicant for a waiver of a provision of this ordinance shall file a waiver application with the director of the public works department on a form provided by the director identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the director 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 director may approve, deny or conditionally approve a waiver application upon making all of the following written findings:

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

(2) To the maximum extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this ordinance 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 and direct threat to public health or safety.

(Ord. 1558 § 1, 1994; Ord. 1902 § 3, 2021)