[Ord. #92-011, § III]
The purpose of this section is to ensure the future health,
safety, and general welfare of City of Albany citizens by:
a.
Eliminating non-storm water 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 storm water.
c.
Reducing pollutants in storm water discharges to the maximum extent
practicable.
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The intent of this section 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.
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[Ord. #92-011, § III]
a.
DISCHARGE
ILLICIT CONNECTION
ILLICIT DISCHARGE
POLLUTANT
STORM WATER
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 section shall have the same meaning as in
that statute or regulations. Specifically, the definition of the following
terms included in that statute or regulations are hereby 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:
Shall mean (a) any addition of any pollutant to navigable
waters from any point source, or (b) 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.
Shall mean any physical connection that allows non-permissible
or illicit discharge (e.g. raw sewage) to directly drain into the
municipal separate storm sewer.
Shall mean 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 fire fighting activities.
Shall mean dredged soil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials (including, but not limited to, leaves, compost, plant debris,
animal waste, and other organic matter), radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt (including,
but not limited to, any excavated soil or dirt), and any industrial,
municipal, or agricultural waste discharge into storm water.
Shall mean storm water runoff, snow melt runoff, and surface
runoff and drainage.
b.
AUTHORIZED ENFORCEMENT OFFICIAL
BEST MANAGEMENT PRACTICES ("BMPS")
CITY
CITY STORM SEWER SYSTEM
NON-STORM WATER DISCHARGE
PREMISES
When used
in this chapter, the following words shall have the meanings ascribed
to them in this section:
Shall mean the following City officials: City Administrator
or authorized representative, Public Works Director or authorized
representative, Planning Director or authorized representative, Fire
Chief or authorized representative, Police Chief or authorized representative.
Shall mean 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.
Shall mean the City of Albany.
Shall mean the system which 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,
man-made channels or storm drains, which is not part of a Publicly
Owned Treatment Works (POTW) as defined at 40 CFR 122.2.
Shall mean any discharge that is not entirely composed of
storm water.
Shall mean any building, lot parcel, real estate, or land
or portion of land whether improved or unimproved including adjacent
sidewalks and parking strips.
[Ord. #92-011, § III]
This section shall be administered for the City by the Public
Works Director. Where storm drain facilities and/or watercourses are
owned by other public agencies legally responsible for such facilities
and/or watercourses, then the responsibility for enforcing the provisions
of this section will be that of such agency.
[Ord. #92-011, § III]
This section 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. #92-011, § III]
The provisions of this section shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this section to a specific project would create a taking then pursuant to the section 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 section as stated in subsection 15-4.1 above.
[Ord. #92-011, § III]
This section will take effect thirty (30) days from the date
of passage, and shall be published following passage as required by
the Government Code.
[Ord. #92-011, § III]
a.
Discharge of Pollutants. The discharge of non-storm water discharges
to the City storm sewer system is prohibited. All discharges of material
other than storm water must be in compliance with a NPDES permit issued
for the discharge (other than NPDES permit No. CA0029831).
1.
Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection 15-4.7a above.
(a)
The prohibition on discharges shall not apply to 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 will not be considered
a source of pollutants to waters of the United States when properly
managed: normal runoff from rainfall upon residential properties,
when such use complies with other provisions of this Code; water line
flushing and other discharges from potable water sources; landscape
irrigation and lawn watering; irrigation water; diverted stream flows;
rising ground waters; infiltration to separate storm drains; uncontaminated
pumped ground water; foundation and footing drains; water from crawl
space pumps; air conditioning condensation; springs; individual residential
car washings; flows from riparian habitats and wetlands; dechlorinated
swimming pool discharges or flows from fire fighting; and accordingly
are not subject to the prohibition on discharges.
b.
Discharge in Violation of Permit. Any discharge that would result
in or contribute to a violation of NPDES Permit No. CA0029831, attached
to this section as Attachment A,[1] and any amendment, revision or reissuance thereof, 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 City in any administrative
or judicial enforcement action relating to such discharge.
[1]
Editor's Note: Attachment A, referred to herein, may be found
on file in the office of the City Clerk, attached to Ordinance No.
92-011.
c.
Illicit Discharge and Illicit Connections. It is prohibited to establish,
use, maintain, or continue illicit drainage connections to the City
storm sewer system, and to 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.
d.
Reduction of Pollutants in Storm Water. 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.
Examples of such activities include ownership and use of facilities
which may be a source of pollutants such as parking lots, gasoline
stations, industrial facilities, commercial facilities, stores fronting
City streets, etc. The following minimal requirements shall apply.
1.
Standard for Sidewalks, Gutters and Roadways. The occupant or tenant,
or in the absence of occupant or tenant, the owner, lessee, or proprietor
of any real property in the City of Albany in front of which there
is a paved sidewalk shall maintain said sidewalk and parking strip
free of dirt, debris, or litter to the maximum extent practicable.
Sweepings from said sidewalk and parking strip 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.
2.
Standard for Parking Lots and Similar Structures Persons owning or
operating a parking lot, gas station pavement 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.
3.
Best Management Practices for New Developments and Redevelopments.
Any construction contractor performing work in the City shall endeavor,
whenever possible, to provide filter materials at the catch basin
to retain any debris and dirt flowing into the City's storm sewer
system. The Director of Public Works may establish controls on the
volume and rate of storm water runoff from new developments and redevelopments
as may be appropriate to minimize the discharge and transport of pollutants.
4.
Notification of Intent and Compliance with General Permits. Each
industrial discharger, discharger associated with construction activity,
or other discharger, described in any general storm water 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 notice of intent, comply with, and undertake
all other activities required by any general storm water permit applicable
to such discharges.
Each discharger identified in an individual NPDES permit relating
to storm water discharges shall comply with and undertake all activities
required by such permit.
5.
Compliance with Best Management Practices. Where best management
practices, 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 storm water
pollution or contamination, illicit discharges, and/or discharge of
non-storm water to the storm water 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 Public Works Director.
e.
Watercourse Protection.
1.
Obstruction of Watercourses Prohibited. It shall be unlawful for
any person, firm, or corporation to fill up or cause to be filled
up, to obliterate or cause to be obliterated, to obstruct or cause
to be obstructed, or in any manner to interfere with or caused to
be interfered with, any natural watercourse or any natural drain,
swale, gully or other depression in the surface of land in the City,
which carries off at any time of the year any storm water or any surface
water which has been precipitated by rains.
2.
Watercourse Maintenance on Private Lots of Land. 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.
3.
Prohibited. No person shall commit or cause to be committed any of
the following acts, unless a written permit has first been obtained
from the Director of Public Works:
(a)
Discharge into or connect any pipe or channel to a watercourse;
(b)
Modify the natural flow of water in a watercourse;
(c)
Locate structures closer than twenty (20') feet from the top
of the natural creek bank;
(d)
Deposit in, plant in, or remove any material from a watercourse
including its banks, except as required for necessary maintenance;
(e)
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 storm waters passing through such watercourse.
4.
Permit Required for Construction. It is hereby declared to be unlawful
for any person, firm, or corporation to construct or cause to be constructed,
any wall, culvert, drain, bulkhead, or other depression in the surface
of land in the City which carries off at any time of the year any
storm waters, without first obtaining a permit therefor from the City
Engineer. Such permit shall be in addition to any permit required
by the California Department of Fish and Game. In granting such permit,
the City Engineer shall:
5.
Nuisances. Any wall, bulkhead, culvert or drain constructed, erected or maintained in violation of any of the provisions of subsection 15-4.7e and any structure, wall, bulkhead, drain, culvert, or dam erected or constructed in such manner or of such materials that the same does or will obstruct the flow and any accumulation of materials, debris, dirt, or other deposits that does now or will hereafter obstruct the flow of any natural watercourse or natural drain in the City shall be declared to constitute a nuisance. In the case of the existence of any such nuisance, it shall be the duty of the City Engineer to give ten (10) days' notice to the owner of the property on which the nuisance exists to remove such nuisance and, upon the default of the owner thereof to so act, the City Engineer may summarily abate such nuisance by removing or causing to be removed the conditions causing such nuisance and restoring the property to its original condition. The cost of such removal and restoration shall be borne by the owner of the property.
6.
Recovery of City Costs to Abate; Assessment Proceedings. Upon determining
the amount of the said charges, the Public Works Director shall notify
in writing the owner of the affected property.
If said charges are not paid within thirty (30) days from the
date of such notice, the Public Works Director, within fourteen (14)
days thereafter, shall submit a report to the City Council for confirmation.
Said report shall include a brief description of the nuisance, the
name of the property owner, and the costs incurred to the City in
abating the said nuisance. After receipt of the report, the Council
shall fix a time, date, and place for hearing the report and any protests
or objections thereto.
The City Council shall cause written notice of the hearing to
be mailed to the owner of the property to which the assessment(s)
apply not less than ten (10) days prior to the date of the hearing.
The said written notice shall be mailed to each person to whom such
property is assessed in the most recent property ownership records
provided to the City by the County Assessor on the date the Council
causes notice to be mailed.
Upon confirmation of the report on penalty assessment(s) by
the City Council, a lien on the Real Property to which the charges
apply shall be recorded with the Recorder of the County of Alameda.
Thereafter, the unpaid charges shall constitute a special assessment
against said property and shall be collected at such time as established
by the County Assessor for inclusion in the next property tax assessment.
The assessment shall be subordinate to all existing special assessment
liens previously imposed upon the property and paramount to all other
liens except for those of State, county and municipal taxes and which
it shall be upon parity. The lien shall continue until the assessment
is paid. All laws applicable to the levy, collection and enforcement
of municipal taxes shall be applicable to said special assessments.
The penalties called for hereunder shall be paid in addition
to any other fees assessed and the terms as set by City Council resolution.
All penalties and assessments shall be paid in full before the
owner or any other applicant shall be granted any building or other
permit for the site.
[Ord. #92-011, § III]
a.
Authority to Inspect. Whenever necessary to make an inspection to
enforce any of the provisions of this section, 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 section, 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 section; provided
that (i) if such building or premises be occupied, he or she shall
first present proper credentials and request entry; and (ii) if such
building or premises be unoccupied, he or she shall first make a reasonable
effort to locate the owner or other persons having charge or control
of the building or premises and request entry.
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.
Routine or area inspections shall be based upon such reasonable
selection processes as may be deemed necessary to carry out the objectives
of this ordinance, including but not limited to random sampling and/or
sampling in areas with evidence of storm water contamination, illicit
discharges, discharge of non-storm water to the storm water system,
or similar factors.
1.
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 herein, 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.
2.
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 non-storm water discharges
entering the City storm sewer system, such person shall take all necessary
steps to ensure the discovery and containment and clean up of such
release and shall notify the City of the occurrence by telephoning
the Fire Department and confirming the notification by correspondence
to the Fire Chief.
3.
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 storm water
pollution or contamination, illicit discharges, and/or discharge of
non-storm water to the storm water 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.
b.
Violations Constituting Misdemeanors. Unless otherwise specified
by ordinance, the violation of any provision of this section, or failure
to comply with any of the mandatory requirements of this section shall
constitute a misdemeanor; except that notwithstanding any other provisions
of this section, any such violation constituting a misdemeanor under
this section may, in the discretion of the enforcing authority be
charged and prosecuted as an infraction.
c.
Penalty for Violation. Upon conviction of a misdemeanor, a person
shall be subject to payment of a fine, or imprisonment, or both, not
to exceed the limits set forth in California Government Code Section
36901.
Upon conviction of an infraction, a person shall be subject
to payment of a fine, not to exceed the limits set forth in California
Government Code Section 36900. After a third conviction for a violation
of the same provision, subsequent violations within a twelve (12)
month period may be charged as a misdemeanor.
d.
Continuing Violation. 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 section is committed, continued or permitted by the person, firm,
corporation or organization and shall be punishable accordingly as
herein provided.
e.
Concealment. Causing, permitting, aiding, abetting or concealing
a violation of any provision of this section shall constitute a violation
of such provision.
f.
Acts Potentially Resulting in Violation of Federal Clean Water Act
and/or Porter-Cologne Act. Any person who violates any provision of
this section, any provision of any permit issued pursuant to this
section, 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 section should also include notice to the violator
of such potential liability.
g.
Violations Deemed a Public Nuisance. In addition to the penalties
hereinbefore provided, any condition caused or permitted to exist
in violation of any of the provisions of this section 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 may be taken by the City Attorney.
The cost of such abatement and restoration shall be borne by
the owner of the property.
Upon determining the amount of the said charges, the Public
Works Director shall notify in writing the owner of the affected property.
If said charges are not paid within thirty (30) days from the date of such notice, the abatement shall be completed under the same procedure and process provided for in subsection 15-4.7e,6 of this section.
If any violation of this section constitutes a seasonal and
recurrent nuisance, the City Council shall so declare. Thereafter
such seasonal and recurrent nuisance shall be abated every year without
the necessity of any further hearing.
h.
California Code of Civil Procedure Section 1094.6. The provisions
of Section 1094.6 of the California Code of Civil Procedure are applicable
to judicial review of City decisions pursuant to this section.
i.
Civil Actions. In addition to any other remedies provided in this
section, any violation of this section may be enforced by civil action
brought by the City. In any such action, the City may seek, and the
Court shall grant, as appropriate, any or all of the following remedies:
1.
A temporary and/or permanent injunction.
2.
Assessment of the violator for the costs of any investigation, inspection,
or monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing legal action
under this subsection.
3.
Costs incurred in removing, correcting, or terminating the adverse
effects resulting from the violation.
4.
Compensatory damages for loss or destruction to water quality, wildlife,
fish and aquatic life. Assessments under this subsection shall be
paid to the City to be used exclusively for costs associated with
monitoring and establishing storm water discharge pollution control
systems and/or implementing or enforcing the provisions of this ordinance.
j.
Administrative Enforcement Powers. In addition to the other enforcement
powers and remedies established by this section, any authorized enforcement
official has the authority to utilize the following administrative
remedies.
1.
Cease and Desist Orders. When an authorized enforcement official
finds that a discharge has taken place or is likely to take place
in violation of this section, the official may issue an order to cease
and desist such discharge, or practice, or operation likely to cause
such discharge and direct that those persons not complying shall:
a) comply with the requirement, b) comply with a time schedule for
compliance, and/or c) take appropriate remedial or preventive action
to prevent the violation from recurring.
2.
Notice to Clean. 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 or a non-storm water discharge to the
City storm sewer system, he or she may 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. The recipient of such notice shall undertake the activities
as described in the notice.
k.
Authority to Arrest or Issue Citations. Authorized enforcement officials shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this Code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).
Such authorized enforcement officials or employees may issue
a citation and notice to appear in the manner prescribed by Chapter
5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or
as the same may hereafter be amended). It is the intent of the city
council that the immunities prescribed in Section 836.5 of the Penal
Code be applicable to public officers or employees or employees acting
in the course and scope of employment pursuant to this section.
l.
Remedies Not Exclusive. Remedies under this subsection are in addition
to and do not supersede or limit any and all other remedies, civil
or criminal. The remedies provided for herein shall be cumulative
and not exclusive.
m.
Coordination with Other Programs. 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
section, including the prohibitions on non-storm water discharges
and illicit discharges, and the requirement to reduce storm water
pollutants to the maximum extent practicable.
[Ord. #92-011, § IV]
The City may charge a reasonable storm sewer service fee for
residential, industrial, and commercial users of the City storm sewer
system. This fee shall be based upon the amount of storm water generated
on the site and adjusted in accordance with site specific uses and
General Industrial Storm Water Permit requirements as provided by
the State Water Resources Control Board.
All revenues derived from this service fee shall be used for
the enforcement, implementation, and administrative overhead costs
of complying with the Urban Runoff Clean Water Program.
Service fees shall be in accordance with the resolution of the
City Council setting forth City fees and charges.
