Tiburon Municipal Code Art. II Discharge Regulations and Requirements

(a) The discharge of non-stormwater discharges to the town's storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge and this chapter.

(b) Exceptions. The following discharges are exempt from the general prohibition set forth in 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 firefighting 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 groundwater infiltration (as defined at 40 C.F.R. §35.2005(20)) to separate storm drains;

(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) Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Consistent with chapter 13E, water efficient landscape, 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 seventy-two 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; or

(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 twenty-five-year twenty-four-hour storm event. Any releases from holding ponds must be reported to the regional water board and the County of Marin within twenty-four hours of the discharge.

(Ord. No. 557 N.S., § 3, 5-20-2015)

Any discharge that would result in or contribute to a violation of the phase II stormwater permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) 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. No. 557 N.S., § 3, 5-20-2015)

It is prohibited to establish, use, maintain or continue illicit drainage connections to the town's storm drain system or watercourses and to commence or continue any illicit discharges to the town's storm drain system or watercourses. This prohibition is expressly made retroactive and applies to connections made prior to adoption of this chapter, 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, clean up 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 section 20A-18 and/or 20A-19.

(Ord. No. 557 N.S., § 3, 5-20-2015)

Any person engaged in activities that will or may result in pollutants entering the town's storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities that may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, construction activities, ground disturbing activities, stores, etc. Practicable measures include, without limitation, the following:

(a) Control of littering.

(1) 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 structure, business place, or upon any public or private lot of land in the town, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.

(2) 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 the sidewalk free of litter to the maximum extent practicable. Sweepings from the sidewalks shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacle maintained on the real property as required for the recycling or disposal of garbage.

(3) No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the town.

(b) Maintenance of parking lots and similar structures. Persons owning or operating a parking lot, gas station or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the town's storm drain system, watercourse, or bay.

(c) Use of construction-phase best management practices.

(1) Any person performing construction activities shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment into the town's storm drain system, watercourse, or bay.

(2) 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 town will provide references to current guidance manuals and BMP information on request.

(3) The town may require financial security to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period that the town determines to be necessary and appropriate. The town may require said security in the form of an irrevocable letter of credit, cash deposit, or performance bond. The town manager shall have sole discretion to determine the form of security.

(4) 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 this Code.

(5) 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 (post-construction).

(6) 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.

(7) Erosion and sediment control plan requirements:

(A) When required by the phase II stormwater permit or by the authorized enforcement official, 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 agency. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The agency 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 authorized enforcement official for review and approval. An ESCP shall be required for:

1. Any project subject to a grading permit under chapter 13 of this Code;

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 authorized enforcement official 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 authorized enforcement official. The project applicant shall follow the most recent version of the MCSTOPPP 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: the state's 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; and

6. Project information as required by the ESCP applicant checklist provided in the MCSTOPPP 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; and

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 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.

(8) Prior to and/or during construction, the authorized enforcement official may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments 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.

(9) The authorized enforcement official 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 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.

(d) Permanent stormwater controls for new development and redevelopment.

(1) The authorized enforcement official may require, as a condition of project approval, permanent 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. These controls may include limits on impervious area. 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 agency, the 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. Where required by the phase II stormwater permit provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a stormwater control plan (SCP) as described in subsection (2) below.

(2) Stormwater control plan requirements.

(A) The specific practices proposed in the SCP shall be subject to the review and approval of the authorized enforcement official and shall be in general accordance with the BASMAA Post Construction Manual, and the phase II stormwater permit.

(B) The SCP is separate and distinct from the ESCP requirements described in subsection 20A-10(c).

(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) 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 BASMAA Post Construction Manual.

(E) Where required by the authorized enforcement official, as a condition precedent to the issuance of a building permit, the applicant shall submit a preliminary stormwater facilities operation and maintenance plan (O&M plan). The approval of the O&M plan by the agency is required prior to final inspection and approval of building permit closure.

(F) The town may require financial security to ensure that stormwater management facilities operate and are maintained following construction for a period that the town deems appropriate. The town may require said security in the form of an irrevocable letter of credit, cash deposit, or performance bond. The town manager shall have sole discretion to determine the form of security.

(G) 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. 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 O&M 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 O&M plan, the town may perform the maintenance and recover its costs from the responsible person as provided in section 20A-18 and/or 20A-19.

(H) For each new development and redevelopment project subject to the post-construction measures requirements, or where the town deems appropriate, access by the town to stormwater management facilities for inspections, as provided in section 20A-12, and through such means as may be appropriate, including, but not limited to, legal agreements, or 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 or a 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:

1. 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;

2. 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;

3. Written text in project deeds or in conditions, covenants and restrictions for multi-unit residential or other 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

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

(e) Notification of intent to comply with general permits.

(1) 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 California Regional Water Quality Control Board (San Francisco Bay Region), shall provide permit registration documents, to comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.

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

(f) Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal, state or regional agency or the town for any activity, operation or facility that may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, 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. 557 N.S., § 3, 5-20-2015)

(a) Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for such maintenance, nor remove such 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 town's department of public works:

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

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

(3) Carry out construction within one hundred feet of any creek;

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

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

(6) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side 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. 557 N.S., § 3, 5-20-2015)