Chapter 15.05
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
15.05.010 Intent and purpose.
15.05.020 Definitions.
15.05.030 Responsibility – Notice – Construction.
15.05.040 Reserved.
15.05.050 Stormwater control plan required.
15.05.060 Prohibited discharges.
15.05.070 Best management practices and standards.
15.05.080 Maintenance of stormwater management facilities.
15.05.090 Authority to inspect.
15.05.100 Notice of violation – Appeal.
15.05.110 Enforcement of violations.
15.05.120 Judicial review.
15.05.010 Intent and purpose.
A. State and federal law. The intent of this chapter is to protect and enhance the water quality in the city’s watercourses pursuant to, and consistent with, the Porter-Cologne Water Quality Control Act and the Federal Clean Water Act.
B. NPDES permit. This chapter also carries out the conditions in the city’s National Pollutant Discharge Elimination System (NPDES) permit that require: (1) effective February 15, 2005, implementing appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre or more of impervious surface; and (2) effective August 15, 2006, reducing the threshold to projects that create or replace 10,000 square feet or more of impervious surface.
C. Health, safety and welfare. It is the purpose of the city council in enacting this chapter to protect the health, safety and general welfare of the city’s citizens by:
1. Minimizing nonstormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system.
2. Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality.
3. Controlling the discharge to the city’s stormwater system from spills, dumping or disposal of materials other than stormwater.
4. Reducing stormwater run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.1)
15.05.020 Definitions.
In this chapter, the following definitions apply. Words and phrases not defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:
Best management practices or BMPs are structural devices, measures, stormwater management facilities or activities that help to meet development runoff requirements at the premises. BMPs also include schedules of activities, prohibitions or practices, general good housekeeping, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands.
Development project or project includes, but is not limited to, a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, architectural review, zoning permit, building permit, grading permit or encroachment permit, any of which is subject to the development runoff requirements in the NPDES permit.
Development runoff requirements means the provisions in the city’s NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality. In the 1999 NPDES permit these requirements are in section C.3.
Director means the director of public works and community development or his or her designee. (The designees may include employees of the Contra Costa Central Sanitary District.)
Enforcement officer or officer means those individuals designated by the director to act as authorized enforcement officers regarding this chapter.
Federal Clean Water Act means those laws found at 33 U.S.C. § 1251 and following, and amendments to it.
Guidebook means the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.
Nonpoint source pollution means a natural or artificial nonstormwater discharge released into stormwater and other natural (e.g., springs) and artificial (e.g., irrigation overspray) waters at concentrations exceeding the uptake capacity of the receiving waters and ecosystems.
Nonstormwater discharge is the addition of any pollutant to the city’s stormwater system, except: (1) discharges pursuant to a NPDES permit; or (2) discharges further exempted in PHMC § 15.05.060.
NPDES permit means the National Pollutant Discharge Elimination System permit issued to the city (Permit No. CAS0029912), and any subsequent amendment, reissuance or successor to this permit.
Pollutant means any material other than stormwater including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or stormwater system.
Porter-Cologne Water Quality Control Act means the laws found at California Water Code section 13000 and following.
Premises means a building, structure, facility, or installation (including a building’s grounds or other appurtenances), and adjacent sidewalks and parking strips.
Responsible person means the owner or occupant of a premises or one who engages in an activity from which there is or may be a nonstormwater discharge, or any person who releases pollutants to the city’s stormwater system.
Stormwater means flow on the surface of the ground resulting from precipitation.
Stormwater management facility means a device designated to detain, retain, filter, or infiltrate stormwater.
Stormwater control plan means a plan specifying and documenting permanent site features and BMPs that are designed to control pollutants for the life of the project, and that meet criteria contained in the most recent version of the guidebook.
Stormwater pollution prevention plan means a plan for temporary measures to control sediment and other pollutants during construction.
Stormwater system is that system of facilities by which stormwater may be conveyed to a stream, watercourse, other body of water or wetlands, including flood control channels, roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of a publicly owned treatment works (POTW) as that term is defined in 40 CFR § 122.2. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.2)
15.05.030 Responsibility – Notice – Construction.
The director or his or her designee shall administer this chapter. The director shall require that, except in an emergency, each officer shall notify in writing a person required to perform monitoring, analysis, reporting or corrective action.
This chapter shall be construed consistent with the requirements of the Federal Clean Water Act or applicable implementing regulations and the city’s NPDES permit. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.3)
15.05.040 Reserved.
(Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.4)
15.05.050 Stormwater control plan required.
A. Application for development project. Each application for a development project shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the guidebook.
1. Projects affected from February 15, 2005. Effective February 15, 2005, this requirement applies to:
a. Each development that creates one acre (43,560 square feet) or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces.
b. Street and road projects that create one acre (43,560 square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
c. A project on a previously developed site that results in the addition or replacement of a combined total of one acre (43,560 square feet) or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair include roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.
2. Projects affected from August 15, 2006. Effective August 15, 2006 this requirement applies to:
a. Each development that creates 10,000 square feet or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces.
b. Street and road projects that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
c. A project on a previously developed site that results in the addition or replacement of a combined total of 10,000 square feet or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair include roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.
3. Interpretation. Subsections A.1 and 2 of this section shall be interpreted in a manner that is consistent with the development runoff requirements and exclusions in the NPDES permit.
B. Implementation of stormwater control plan. The project applicant shall implement an approved stormwater control plan and submit an approved stormwater control operation and maintenance plan before a certificate of occupancy is issued.
C. Design of stormwater management facilities. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the guidebook.
D. Maintenance of facilities. All stormwater management facilities shall be maintained according to the guidebook and the approved stormwater control operation and maintenance 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 facility at least annually. The plan shall also describe how the maintenance costs will be funded.
If a responsible person fails to maintain a stormwater management facility in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in PHMC § 15.05.110.E.2, 3 and 4.
E. Access to facilities. The property owner shall provide for access to stormwater management facilities for inspections and maintenance by a recorded covenant or easement, and this access shall be provided to the city, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.5)
15.05.060 Prohibited discharges.
It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the city’s stormwater system, or to commence or continue any unauthorized discharges to the city’s stormwater system. The actions set forth here are prohibited.
A. Release of discharges into the stormwater system. The release of nonstormwater discharges to the city stormwater system is prohibited. However, the following discharges are exempt from this prohibition: (1) any discharge in compliance with an NPDES permit issued to the discharger; (2) flows from riparian habitats and wetlands, diverted stream flows (which are authorized), springs, rising groundwater and uncontaminated groundwater infiltration.
The following discharges are exempt from the prohibitions in this subsection if the Regional Water Quality Control Board approves the exempted category under section C.11 of the NPDES permit: uncontaminated pumped groundwater, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, and dechlorinated swimming pool or spa discharges.
B. Discharge of stormwater – Violation of NPDES permit. The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the NPDES permit is prohibited. Liability for any such discharge is the responsibility of the person causing or responsible for the discharge, and that person shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to the discharge.
C. Nuisance. No discharge may create a nuisance, adversely affect beneficial uses of waters of the state, or cause any of the following conditions:
1. Floating, suspended or deposited macroscopic matter or foam;
2. Bottom deposits or aquatic growth;
3. Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;
4. Visible, floating, suspended or deposited oil or products of petroleum origin; or
5. Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.6)
15.05.070 Best management practices and standards.
A. Generally. A person owning or operating premises that may contribute pollutants to the city’s stormwater system shall undertake all practicable best management practices to reduce the potential for pollutants entering the system. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises.
B. Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained any refuse, rubbish, garbage or other discarded or abandoned object, article or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.
C. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the 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 for the disposal of solid waste.
D. Parking lots, paved areas and related stormwater systems. A person owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the city’s stormwater system.
E. Construction activities. All construction shall conform to the requirements of the “CASQA Stormwater Best Management Practices Handbook for Construction Activities and New Development and Redevelopment,” the “ABAG Manual of Standards for Erosion & Sediment Control Measures,” the city’s grading and erosion control ordinance at PHMC § 15.10.280 and other generally accepted engineering practices for erosion control as required by the director when undertaking construction activities. The director may establish controls on the rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.
F. Notification of intent and compliance with general permits. Each discharger associated with construction activity, or other discharger described in any general stormwater permit addressing 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 the director with the notice of intent, and comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.
G. Development runoff requirements. For each new development and redevelopment project subject to the development runoff requirements, every applicant will submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.
H. Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal, state, regional, city or county agency for any activity or operation of premises which may cause or contribute to nonstormwater discharges, every person undertaking such activity, operation or owning and operating such premises shall comply with those guidelines or requirements.
I. Stormwater pollution prevention plan. The director may require any business or utility that is engaged in activities that may result in nonstormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures which are carried out partially or wholly out of doors.
J. Coordination with hazardous material release response and inventory plans. A business subject to the Hazardous Material Release Response and Inventory Plan, at California Health and Safety Code section 25500 and following, shall provide, in that plan, for compliance with this chapter, including the prohibitions of nonstormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.7)
15.05.080 Maintenance of stormwater management facilities.
A. General. Each person who owns, leases or operates a premises containing a stormwater management facility or facilities built after February 15, 2004, shall:
1. Maintain the facility or facilities for the life of the land use in a manner that prevents nonstormwater discharges to the maximum extent practicable and in compliance with the conditions of approval; and
2. Keep in effect a valid certificate of compliance.
B. Certificate of compliance. The city shall issue a certificate of compliance to the owner, lessee, or operator of a stormwater management facility after it is installed and inspected to verify that the facility was installed in accordance with approved plans.
Periodically, between one and five years, as specified in the certificate of compliance, the city will inspect the facility to verify proper operation and maintenance of the facility, treatment measures, and other appropriate source control and site design measures. Each responsible person (operating under a certificate of compliance) shall request an inspection from the city at least 15 days before the certificate of compliance expires. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the city shall inspect the property and shall either: (1) issue the certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition; or (2) issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate; or (3) deny the certificate. A certificate shall be valid for the period specified in the certificate. The city council may by resolution establish the fee for the inspection and certificate.
C. Private inspections. In lieu of a city inspection, the person may arrange for an inspection from a private company authorized to conduct inspections by the city. That company shall use a city-approved inspection form that shall be executed under penalty of perjury. If the inspection form establishes that the treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, the city may issue an operation and maintenance certificate of compliance, or the city may at its cost reinspect the property and proceed as described in PHMC § 15.05.090.A. The filing of a false inspection report is a misdemeanor. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.8)
15.05.090 Authority to inspect.
A. Generally. Routine or scheduled city inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of nonstormwater to the stormwater system, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by another public agency or special district, including but not limited to the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board.
B. Authority to sample and establish sampling devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, an officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the officer may take any sample deemed necessary to aid in the inquiry or in the recordation of the activities on site.
C. Notification of spills. A person in charge of a premises or responsible for emergency response for a premises has a responsibility to train premises’ personnel and maintain notification procedures to ensure that immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of pollutants creating a risk of nonstormwater discharge into the city stormwater system.
As soon as a person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of nonstormwater discharge entering the city stormwater system, he or she shall: (1) take all necessary steps to ensure the detection, containment and cleanup of the release; and (2) shall notify the city of the occurrence by telephoning the director. This notification requirement is in addition to and not in lieu of other required notifications.
D. Requirement to test or monitor. An officer may require that a person engaged in any activity or owning or operating any premises that may cause or contribute to nonstormwater discharges (1) undertake such monitoring activities or analysis and (2) furnish such reports as the officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.9)
15.05.100 Notice of violation – Appeal.
A. Notice of violation. Each officer shall provide written notice (a notice of violation) to a person required to perform monitoring, analysis, reporting or corrective activity.
B. Appeal. A person aggrieved by the decision of the officer may file a written appeal of the notice of violation to the director within 10 days following the date of the notice of violation. Upon receipt of the request, the director shall request a report and recommendation from the officer and shall set the matter for hearing at the earliest practical date. At the hearing, the director may hear additional evidence, and may affirm, modify or reject the officer’s decision. The decisions of the director is final. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.10)
15.05.110 Enforcement of violations.
A. Each day a separate offense. Each day that a violation continues is a separate offense.
B. Concealment. Concealing, aiding or abetting a violation of a provision of this chapter constitutes a violation of that provision.
C. Violation of the Federal Clean Water Act or Porter-Cologne Act. A person who violates this chapter, violates a provision of a permit issued under this chapter, releases a nonstormwater discharge, or violates a cease-and-desist order, prohibition or effluent limitation may also be in violation of the Federal Clean Water Act or the Porter-Cologne Act, and may be subject to the enforcement provisions of those acts, including civil and criminal penalties. Any enforcement actions authorized under this chapter may also include notice to the violator of the potential liability under federal or state law.
D. City remedies for violation. The city may enforce a violation of this chapter by any of the following remedies, or any other lawful remedy, at the city’s discretion. The remedies provided for here are cumulative and not exclusive.
1. Criminal penalty. A violation of this chapter or the failure to comply with a mandatory requirement is a misdemeanor, punishable as provided in PHMC Chapter 1.30. At the discretion of the officer or city attorney, the violation may be charged and prosecuted as an infraction.
2. Nuisance. A condition caused or permitted to exist in violation of this chapter is a threat to the public health, safety and welfare and is deemed a public nuisance. The nuisance is subject to the nuisance abatement procedures of PHMC Chapter 7.05.
3. Administrative citation – Compliance order. An officer may issue an administrative citation or compliance order for a violation of this chapter, under PHMC Chapters 1.35 or 1.40.
4. Civil action. A violation of this chapter may be enforced by civil action brought by the city, under PHMC § 1.25.020. The remedies may include (a) a temporary restraining order, preliminary injunction and permanent injunction, and (b) an action for an unlawful business practice under California Business and Professions Code section 17206.
5. Revocation of permit. A person who violates this chapter may be subject to revocation of a land use entitlement or permit under PHMC Chapter 18.135.
E. Costs and damages. In addition to the remedies set forth in subsection D of this section, a person violating this chapter is liable for the following, at the city’s option:
1. Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation;
2. Costs incurred in removing, correcting or terminating the adverse effect(s) resulting from the violation;
3. Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection E.3 shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and/or implementing or enforcing this chapter;
4. The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan;
5. The reasonable costs of preparing and bringing administrative action under this chapter. (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.11)
15.05.120 Judicial review.
Code of Civil Procedures section 1094.5 applies to judicial review of any determination made by the director under this chapter (see PHMC § 1.15.010). (Ord. 792 § 1, 2005; Ord. 707 § 1, 1996; 1991 code § 20-1.12)