Chapter 8.04
WASTE MATERIAL CONTROL
Sections:
8.04.000 Purpose.
8.04.010 Definitions.
8.04.020 Deposits in watercourse or storm drainage system—Prohibited.
8.04.030 Dumping in proximity to watercourse—Permission required.
8.04.040 Rules and regulations.
8.04.050 Violation—Penalties.
8.04.000 Purpose.
The purposes and intent of this chapter is to provide for the regulation and control of the quantity and quality of discharges to the storm sewer system in order to prevent those discharges from adversely affecting the system and the quality of the receiving waters. In addition, this chapter is intended to respond to regulations adopted as part of the Federal Clean Water Act and the Water Quality Act, as well as other federal and/or state regulations, which require the adoption of plans and programs for stormwater management. (Ord. 418 § 1, 1995)
8.04.010 Definitions.
Whenever used in this chapter, the following words shall have the meaning indicated.
A. “City engineer” means the engineer of the city of Foster City.
B. “County health officer” means the health officer of the county of San Mateo.
C. “Person” means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or public or private corporation, its or their successors or assigns, or the agent of any of the aforesaid.
D. “Storm drainage system” means any catch basin, manhole, pipe, culvert or channel which conveys storm water.
E. “Waste material” means any and all matter (other than stormwater runoff, excess potable irrigation water, potable “hose-down” water), whether it is organic, inorganic, combustible or noncombustible, liquid or solid, including but not limited to oil, gasoline, solvents, paints, insecticides and herbicides.
F. “Watercourse” means any natural or artificial drainage ditch, or lagoon, lake, channel, stream, creek or river which is located within, flows through, originates in or terminates within the limits of the city. (Ord. 42 § 1 (part), 1971: prior code § 5-101)
8.04.020 Deposits in watercourse or storm drainage system—Prohibited.
No person shall dump or deposit or cause or allow to be dumped or deposited in any watercourse or storm drainage system waste material of any nature whatsoever. (Ord. 42 § 1 (part), 1971: prior code § 5-102)
8.04.030 Dumping in proximity to watercourse—Permission required.
No person shall dump or deposit or cause or allow to be dumped or deposited waste material within twenty feet of the bank or slope of any watercourse without first having obtained written permission of the city engineer, the county health officer and the city council. (Ord. 42 § 1 (part), 1971: prior code § 5-103)
8.04.040 Rules and regulations.
A. The provisions of this chapter are designed to supplement the provisions of existing ordinances regulating the collection and disposal of garbage, swill and refuse and waste matter within the limits of the city. The provisions of this chapter are not designed to permit the violation of any health and safety regulations or the prohibitions of any other ordinance of the city.
B. The city engineer shall prepare rules and regulations eliminating nonstormwater discharges to the storm drain and reducing pollutants in stormwater discharges to carry out the purposes of this chapter, which shall be submitted to the city council for review and adoption. The city council may make such changes as deemed necessary or desirable for proper control of said discharges. Thereafter, they shall place the rules and regulations into full force and effect by adoption of a resolution. The city engineer shall have the responsibility of enforcing the adopted rules and regulations to ensure full compliance therein. He may also make recommendations to the city council for revisions, from time to time as may appear to be necessary or desirable. (Ord. 418 § 2, 1995)
8.04.050 Violation—Penalties.
A. Misdemeanor. Any person violating, or causing or permitting to be violated, any of the provisions of this chapter, and the regulation adopted pursuant hereto, is guilty of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted; and upon conviction of any such violations such person, firm or corporation shall be punished by a fine of not more that one thousand dollars or by imprisonment in the county jail for a period of not more than six months, or both.
B. Civil Penalties. Any person who has violated or continues to violate the rules and regulations adopted pursuant to this chapter or any order or permit issued hereunder, shall be liable to the city for a civil penalty of not more than ten thousand dollars plus actual damages incurred by the city per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the city may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
The city shall petition the court to impose, assess and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factor as justice requires. (Ord. 418 § 3, 1995)