San Leandro Municipal Code Art. 1 Title, Purpose and General Provisions

(Legislative History: Ordinance No. 2001-06, 3/19/01 (Sections 3-15-100—3-15-125))

This Chapter shall be known as the "Storm Water Management and Discharge Control Ordinance" and may be so cited.

The purpose of this Chapter is to ensure the future health, safety and general welfare of City of San Leandro 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; and

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

(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 Chapter shall have the same meaning as in that statute or regulations. Specifically, the definitions 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"

means (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"

means any discharge to the City storm sewer system that is not composed entirely of storm water, except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit, and discharges resulting from fire fighting activities.

"Pollutant"

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

"Storm Water"

means storm water runoff, snow melt runoff, and surface runoff and drainage.

(b) When used in this Chapter, the following words will have the meanings ascribed to them in this section:

"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.

"City"

means the City of San Leandro.

"City manager"

means the individual appointed by the City of San Leandro governing body (City Council) with responsibility and authority for all functions of local government and is the authorized enforcement official.

"City storm water 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 a Publicly-Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.

"Non-storm water discharge"

means any discharge that is not entirely composed of storm water.

"Premises"

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

This Chapter shall be administered for the City by the City Manager, or designee. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Alameda County Flood Control and Water Conservation District (ACFCWCD) or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this Chapter may be assigned to such agency (through contract or agreement executed by the City and such agency) with respect to those watercourses for which they have accepted maintenance.

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. CA0029831 and any amendment, revision, or reissuance thereof.

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