Chapter 13.45


13.45.010    Purpose and intent.

13.45.020    Definitions.

13.45.030    Discharge of pollutants.

13.45.040    Discharge in violation of permit.

13.45.050    Illicit discharge and illicit connections.

13.45.060    Reduction of pollutants in stormwater.

13.45.070    Littering.

13.45.080    Parking lots and similar structures.

13.45.090    Construction.

13.45.100    Notification of intent and compliance with general permits.

13.45.110    Best management practices.

13.45.120    Watercourse protection.

13.45.130    Authority to inspect.

13.45.140    Authority to sample and establish sampling devices.

13.45.150    Notification of spills.

13.45.160    Requirement to test or monitor.

13.45.170    Violations constituting misdemeanor.

13.45.180    Violations constituting public nuisance.

13.45.190    Administrative enforcement powers.

13.45.200    Coordination with hazardous materials inventory and response program.

13.45.010 Purpose and intent.

The purpose of this chapter is to ensure the future health, safety and general welfare of city residents by:

A. Eliminating nonstormwater 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 stormwater;

C. Reducing pollutants in stormwater discharges to the maximum extent practicable.

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 Federal Clean Water Act (33 U.S.C. 1251 et seq.). (Ord. 1379 § 1, 1992)

13.45.020 Definitions.

A. For the purpose of this chapter, the following words and phrases shall have the following meanings:

1. “Authorized enforcement official” means any of the following city officials: Director of Public Works, water resources manager, water resources assistant manager, water reclamation plant laboratory supervisor, water reclamation plant source control inspector, water reclamation plant collection system supervisor and water reclamation plant senior operator.

2. “Best management practices” (“BMPs”) means schedules of activities, prohibitions or practices, maintenance procedures and other management practices to prevent or reduce the pollution of 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.

3. “City storm sewer system” includes, but is not limited to, those facilities within the City by which stormwater 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 are not a part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

4. “Nonstormwater discharge” means any discharge of a pollutant that is not entirely composed of stormwater.

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

B. All other terms used in this chapter shall have the same meaning as defined in the Federal Clean Water Act (33 U.S.C. 1251 et seq.), as amended, and the regulations for the stormwater discharge program issued by the Environmental Protection Agency on November 16, 1991, as amended. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.030 Discharge of pollutants.

No person shall cause a discharge of nonstormwater discharges to the city storm sewer system, except the following:

A. Any discharge regulated under a national pollutant discharge elimination system (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;

B. Discharges from the following activities when properly managed in a manner satisfactory to the water resources manager: water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration to separate storm sewers, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting. (Ord. 1379 § 1, 1992)

13.45.040 Discharge in violation of permit.

No person shall cause a discharge that would result in or contribute to a violation of the most currently-issued and effective NPDES permit, a copy of which is in the office of the city clerk, either separately considered or when combined with other discharges. 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 City in any administrative or judicial enforcement action relating to such discharge. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(K), 2016; Ord. 1379 § 1, 1992)

13.45.050 Illicit discharge and illicit connections.

No person shall establish, use, maintain or continue illicit drainage connections to the city storm sewer system, or commence or continue any illicit discharges to the city storm sewer system. This prohibition is expressly retroactive and applies to connections made in the past, 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. (Ord. 1379 § 1, 1992)

13.45.060 Reduction of pollutants in stormwater.

Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. (Ord. 1379 § 1, 1992)

13.45.070 Littering.

A. 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 their drainage structures, or business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.

B. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

C. 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 City. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.080 Parking lots and similar structures.

Persons owning or operating a parking lot, gas station tarmac 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 city storm sewer system. (Ord. 1379 § 1, 1992)

13.45.090 Construction.

Any construction contractor performing work in the City shall provide filter materials at the catch basin to retain any debris and dirt flowing into the City’s storm sewer system. The city engineer and/or water resources manager may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.100 Notification of intent and compliance with general permits.

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 and the State Water Quality Control Board, San Francisco Bay region, shall provide notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such discharges.

Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit. (Ord. 1379 § 1, 1992)

13.45.110 Best management practices.

Where best management practice guidelines or requirements have been adopted by any federal, state of California, regional and/or city agency for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater 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 Director of Public Works. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.120 Watercourse protection.

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 or adjacent to 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 said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the water resources manager:

A. Discharge into or connect any pipe or channel to a watercourse;

B. Modify the natural flow in a watercourse;

C. Carry out development within a setback;

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

E. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or

F. Place any loose or unconsolidated material along the side 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 storm wastes passing through such watercourses. (Ord. 1379 § 1, 1992)

13.45.130 Authority to inspect.

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided, that (1) if such building or premises is occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.

B. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

C. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the stormwater system, or similar factors. (Ord. 1379 § 1, 1992)

13.45.140 Authority to sample and establish sampling devices.

The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections, as provided in this chapter, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.150 Notification of spills.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the city storm sewer system, such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release and shall notify the City of the occurrence by telephone immediately and confirm the notification by correspondence to the water resources manager within five days. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.160 Requirement to test or monitor.

Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. 1379 § 1, 1992)

13.45.170 Violations constituting misdemeanor.

A. The violation of any provision of this chapter or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

B. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as provided in this chapter.

C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

D. Any person who violates any provision of this chapter or any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation may also be in violation of the Federal Clean Water Act and/or Porter Cologne Act and may be subject to the sanctions of those acts, including civil and criminal penalty. Any enforcement action authorized under this article shall also include notice to the violator of such potential liability. (Ord. 1379 § 1, 1992)

13.45.180 Violations constituting public nuisance.

A. In addition to the penalties provided under LMC 13.45.170, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance and may be taken by the City Attorney.

B. The cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be a lien upon and against the property, and such lien shall continue in existence until the same shall be paid.

If the lien is not satisfied by the owner of the property within three months, after the completion of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

C. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare by resolution. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)

13.45.190 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

A. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall:

1. Comply with the requirement;

2. Comply with a time schedule for compliance; and/or

3. Take appropriate remedial or preventive action to prevent the violation from recurring.

B. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer system, he or she shall give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. (Ord. 1379 § 1, 1992)

13.45.200 Coordination with hazardous materials inventory and response program.

The first revision of the business plan for any facility subject to the City’s hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable. (Ord. 2065 § 1(A), 2018; Ord. 1379 § 1, 1992)