13.36 — STORM WATER MANAGEMENT AND DISCHARGE CONTROL

This chapter is adopted pursuant to Section 402(p) of the Clean Water Act (33USC1251 et. seq.) as amended by the Water Quality Act of 1987 and pursuant to Order No. 91-146, NPDES Permit No. CA0029831 issued by the California Regional Water Quality Control Board, San Francisco Region dated October 16, 1991, and the "Agreement to Implement the Alameda County Urban Runoff Clean Water Program" dated July 1991 and may be cited as the "Storm Water Management and Discharge Control Ordinance of the City of Union City." (Ord. 382-92, 1992)

• A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the City of Union City by:

  1. Eliminating nonstorm water discharges to the City storm sewer;

  2. Controlling the discharge to City storm sewers from spills, dumping or disposal of materials other than storm water;

  3. Reducing pollutants in storm water discharges to the maximum extent practicable.

• B. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

• (Ord. 382-92, 1992)

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 the statute or regulations. Specifically, the definition of the following terms included in the statute or regulations are 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" means:

1. Any addition of any pollutant to navigable waters from any point source; or

2. 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 NPDES permit and discharges resulting

from firefighting 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.

"Authorized Enforcement Official" means the following City officials: Senior Code Enforcement Inspector, Code Enforcement Inspector, Public Works Director, City Engineer, Engineer III (Civil), Engineer II (Civil), Engineer I (Civil), Public Works Inspector, Engineering Technician II, Fire Chief, Division Chief, Fire Captain, Hazardous Materials Coordinator, Hazardous Materials Inspector, Facilities and Equipment Superintendent, Street Supervisor, Street Sweeper Operator, Grounds Supervisor, Police Chief, Police Captain, Police Sergeant, Police Officer.

"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 Union City.

"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, manmade channels or storm drains which is not part of a publicly-owned treatment works (POTW) as defined at 40 CFR 122.2.

"Nonstorm 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 parkway strips. (Ord. 382-92, 1992)

This chapter shall be administered for the City by the Public Works Director. Where storm drain facilities and/or watercourses are owned and/or maintained by the Alameda County Flood Control and Water Conservation District (ACFC&WCD) or other public agency legally responsible for certain watercourses, then the requirements and regulations of ACFC&WCD or such other agency shall be applicable.

(Ord. 382-92, 1992)

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.

(Ord. 382-92, 1992)

This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 382-92, 1992)

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his or her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking then pursuant to this chapter the City Council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in Section 13.36.012.

(Ord. 382-92, 1992)