Article 7-12

STORMWATER POLLUTION CONTROL Sections:

(a) This Article implements the requirements of the San Francisco Bay Municipal Regional Stormwater Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, to the City of Saratoga under the National Pollutant Discharge Elimination System, in accordance with the Federal Clean Water Act and the California Water Code. At the time this Article was adopted, National Pollutant Discharge Elimination System ("NPDES") Permit No. CAS612008 (dated May 11, 2022) was in effect. The NPDES Permit is updated every five years.

(b) The NPDES Permit prohibits discharge of any pollutant into any storm drain system and all watercourses in the City of Saratoga. Federal and state law require the City to enforce the NPDES Permit.

(c) All discharges prohibited by the NPDES Permit are prohibited in Saratoga. Without limiting the generality of the foregoing, this article sets forth specific requirements concerning various aspects of the NPDES Permit applicable to many things in Saratoga. Any violation of this Section shall constitute a misdemeanor. Each and every separate discharge prohibited by the NPDES Permit shall be considered a separate offense.

(Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

(a) As used in this Article, "NPDES Permit" means the San Francisco Bay Municipal Regional Stormwater

Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, to the City of Saratoga under the National Pollutant Discharge Elimination System, in accordance with the Federal Clean Water Act and the California Water Code and as that permit may be updated from time to time.

(b) The term "pollutant," as used in this Article, shall mean any material other than stormwater, including but not limited to all sewage, sewage sludge, trash, biological materials, radioactive materials, and chemical, industrial, and agricultural waste discharges, whether in a solid or liquid state, and any hazard material as defined in Section 8-05.050(e) of this Code.

(c) The term "watercourse," as used in this Article, shall mean and include all natural waterways and definite channels and depressions in the earth which carry water, even though such waterways may only carry water during rains and storms and do not carry stormwaters at and during all times and seasons. (Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

(a) No person shall place, deposit, dump, discharge, or cause to be placed, deposited, dumped, or discharged any pollutant, including, but not limited to, rubbish, refuse, bark, sawdust, or other solid wastes, or water containing any pollutant into any natural or artificial storm drain or watercourse in the City.

(b) Any violation of this Section shall constitute a misdemeanor. Each and every separate discharge of a pollutant into a watercourse or storm drain as described in subsection (a) of this Section shall be considered a separate offense.

(Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

(a) No person shall place or throw, or cause to be placed or thrown any brush, timber, lumber, or pollutant, including any trash, debris, cans, bottles or the carcass of any dead animal, into any watercourse, including any stream or creek, or into the bed or upon the bends thereof, within the City. This Section shall not apply to brush, timber or lumber, or other materials placed for the protection of the banks of streams and properly secured so as not to be carried away by the water.

(Saratoga Supp. No. 56, 7-25)

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(b) Any violation of this Section shall constitute a misdemeanor. Each and every separate deposit of material into a watercourse as described in subsection (a) of this Section shall be considered a separate offense. (Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

(a) The term "development," as used in this Section, shall have the same meaning as in Section 1506.204 of the Code.

(b) Provision C.3 of the NPDES Permit requires appropriate source control, site design, and stormwater treatment measures for certain development and redevelopment projects to address stormwater runoff pollutant discharges and prevent increases in runoff flows from those projects. Any development subject to the requirements of that provision shall comply with that provision.

(c) Provision C.4 of the NPDES Permit requires commercial site control programs at all sites that could reasonably be considered to cause or contribute to pollution of stormwater runoff. Commercial developments shall be designed and maintained to preclude the discharge of any pollutant into any natural or artificial storm drain or watercourse in the City.

(d) Provision C.6 of the NPDES Permit prohibits construction site discharges of pollutants. All sites where development is under construction shall be designed and operated to preclude the discharge of any pollutant into any natural or artificial storm drain or watercourse in the City.

(e) Provision C.13 of the NPDES Permit prohibits the discharge of wastewater generated from installing, cleaning, treating, or washing copper architectural features, including copper roofs. All developments including copper architectural features shall be designed and operated to preclude such discharges into any natural or artificial storm drain or watercourse in the City.

(f) Any violation of this Section shall constitute a misdemeanor. Each and every separate discharge prohibited by this Section and each day that a design measure required by this Section is not in place shall be considered a separate offense.

(Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

(a) This Section applies to properties in the City of Saratoga designated as Private Land Drainage Areas pursuant to the NPDES Permit. A map showing the location of Private Land Drainage Areas in the City shall be maintained by the Director of Public Works and available for public review.

(b) Private Land Drainage Areas are subject to inspection to ensure compliance with the NPDES Permit. If inspection of a Private Land Drainage Area demonstrates that the property generates higher than low levels of trash, as defined in the NPDES Permit, the property owner shall be required to implement short-term corrective actions to clean the observed trash within ten days or before the next rain event, whichever is soonest. The property owner shall also be required implement long-term corrective actions to ensure that the property does not generate higher than low levels of trash, as defined in the NPDES Permit. After the property owner implements corrective actions, the Private Land Drainage area shall be subject to reinspection.

(c) If reinspection of a Private Land Drainage Area demonstrates that the property continues to generate higher than low levels of trash, as defined in the NPDES Permit, the property owner shall be required to install, operate, and maintain, at the owner's expense, a device listed by the State Water Resources Control Board as a Certified Trash Full Capture System, and enter an operation and maintenance agreement with the City, unless the City identifies alternative corrective actions. Certified Trash Full Capture Systems are subject to inspection to ensure compliance with the NPDES Permit.

(d) Private Land Drainage Areas that have achieved compliance with the NPDES Permit are subject to routine inspection to ensure continued compliance.

(e) Any violation of this Section shall constitute a misdemeanor. Each day that a Private Land Drainage Area fails to take mandated corrective actions shall be considered a separate offense.

(Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

It shall be the duty of the Director of Public Works to enforce the provisions of this Article directly or

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through the Director's designees. In the performance of such duty, the Director of Public Works and the Director's designees are empowered to enter and inspect any property to ensure compliance with the NPDES Permit.

(Ord. No. 407, § 1(Att. 1, § 1), 3-19-2025)

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(Saratoga Supp. No. 56, 7-25)

7-15.040