This chapter shall be known as the
"City of Pleasanton Stormwater Management and Discharge Control Ordinance"
and may be so cited.
The purpose of this chapter is to
ensure the future health, safety and general welfare of city citizens
by:
A.
Eliminating the 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.
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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.
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(Ord. 1572 §
2, 1992)
A.
"Discharge"
"Illicit discharge"
"Pollutant"
"Stormwater"
Any terms defined in the Federal Clean
Water Act and acts amendatory thereof or supplementary thereto, and/or
defined in the regulations for the stormwater 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 that statute or regulations.
Specifically, the definition of the following terms included in that
statute or regulation are hereby incorporated by reference, as now
applicable or as may hereafter be amended: discharge, illicit discharge,
pollutant and stormwater. These terms presently are defined as follows:
means: (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.
means any discharge to the city storm sewer system that is
not composed entirely of stormwater except discharges pursuant to
a NPDES permit and discharges resulting from firefighting activities.
means dredged soil, solid waste, incinerator residue, sewage,
garage, 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.
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A pollutant shall also include any
increment of increase in the total volume or rate of stormwater runoff
resulting from any activity or development occurring after the effective
date hereof.
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means stormwater runoff, snow melt runoff and surface runoff
and drainage.
B.
"Authorized enforcement official"
"Best management practices (BMPs)"
"City"
"City storm sewer system"
"Nonstormwater discharge"
"Premises"
When used in this chapter, the following
words shall have the meanings ascribed to them in this section:
means the following city officials: zoning officer, building
inspection supervisor, building inspectors, fire chief, fire marshal,
fire inspectors, hazardous materials specialist, traffic engineer,
assistant traffic engineer, associate civil engineer, assistant engineer,
junior engineer, public works inspector, animal control officer and
any other official designated by the city manager.
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.
means the city of Pleasanton.
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, man-made channels or storm
drains, which is not part of a publicly owned treatment works (POTW).
means any discharge that is not entirely composed of stormwater.
means any building, lot parcel, real estate or land or portion
of land whether improved or unimproved including adjacent sidewalks
and parking strips.
(Ord. 1572 §
2, 1992)
This chapter shall be administered
for the city by the operations services director or designee. Where
storm drain facilities and/or watercourses have been accepted for
maintenance by the Alameda County flood control and water conservation
district (ACFCWCD) or other public agency legally responsible for
certain watercourses, then the responsibility for enforcing the provisions
of this chapter may be assigned to such agency (through contract or
agreement executed by the city and such agency) with respect to those
watercourses for which they have accepted maintenance. 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 the city's current
NPDES permit and any amendment, revision or reissuance thereof.
(Ord. 1572 §
2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011)
The discharge of nonstormwater discharges
to the city storm sewer system is prohibited. All discharges of material
other than stormwater must be in compliance with a NPDES permit issued
to the discharger (other than the city's current NPDES permit).
(Ord. 1572 §
2, 1992; Ord. 2019 § 1, 2011)
The following discharges are exempt from the prohibition set forth in Section 9.14.040 of this chapter:
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 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: 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, or flows from firefighting and
accordingly are not subject to the prohibition on discharges. Discharges
from swimming pools, spas, and ponds should be directed to the sanitary
sewer or landscaping that can accommodate the volume.
(Ord. 1572 §
2, 1992; Ord. 2019 § 1, 2011)
Any discharge that would result in
or contribute to a violation of the city's current NPDES permit, 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.
(Ord. 1572 §
2, 1992; Ord. 2019 § 1, 2011)
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.
(Ord. 1572 §
2, 1992)
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:
A.
Littering.
1.
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 other drainage
structures, 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.
2.
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 to the maximum extent
practicable. 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.
3.
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.
B.
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.
C.
Best Management Practices (BMP) for New
Developments and Redevelopments. Any construction contractor performing
work in the city shall endeavor to follow the most current California
Stormwater Quality Association (CASQA) construction BMP manual in
order to prevent any debris and dirt flowing into the city's storm
sewer system. The operations services director or his or her designees
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.
D.
Notification of Intent and Compliance with
General Permits.
1.
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, 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 stormwater permit applicable to such discharges.
2.
Each discharger identified in an individual
NPDES permit relating to stormwater discharges shall comply with and
undertake all activities required by such permit.
E.
Compliance with Best Management Practices.
Where best management practices guidelines or requirements have been
adopted by any federal, state, 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
non-stormwater 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 operations services director.
(Ord. 1572 §
2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011)
A.
Maintenance. 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; 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; and shall ensure that storm drain inlets are
marked with "No dumping, drains to bay" and such markings remain legible
at all times.
B.
Prohibited Acts. No person shall commit
or cause to be committed any of the following acts, unless a written
permit has first been obtained from the operations services director:
1.
Discharge into or connect any pipe or channel
to a watercourse.
2.
Modify the natural flow of water in a watercourse.
3.
Carry out development within 30 feet of
the center line of any creek or 20 feet of the top of a bank.
4.
Deposit in, plant in or remove any material
from a watercourse including its banks, except as required for necessary
maintenance.
5.
Construct, alter, enlarge, connect to,
change or remove any structure in a watercourse.
6.
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 stormwaters passing through such
watercourse.
(Ord. 1572 §
2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011)
A.
Request for Entry.
1.
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: (a) if such building or premises be occupied, he or she shall
first present proper credentials and request entry; and (b) 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.
2.
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.
B.
Selection Processes. 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.
C.
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.
D.
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 and
containment and cleanup of such release and shall notify the city
of the occurrence by telephoning (925) 931-5500 during normal working
hours or (925) 931-5100 after normal working hours and confirming
the notification by correspondence to the operations services director,
or designee.
E.
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. 1572 §
2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011)
Unless otherwise specified by ordinance,
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.
(Ord. 1572 §
2, 1992)
Any person violating or failing to
comply with any of the following provisions of this chapter shall
be guilty of an infraction, which shall be enforced and punishable
in the manner prescribed by the Penal Code and the Government Code
of the state or abated as a nuisance as provided herein.
(Ord. 1572 §
2, 1992)
Penalties for a violation of this chapter are subject to administrative citation as set forth in Chapter 1.24 of the Pleasanton Municipal Code, as well as all other civil and criminal remedies.
(Ord. 2019 §
1, 2011)
A.
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.
B.
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
12-month period may be charged as a misdemeanor.
(Ord. 1572 §
2, 1992)
Unless otherwise provided, a person
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 and shall be punishable accordingly
as herein provided.
(Ord. 1572 §
2, 1992)
Causing, permitting, aiding, abetting
or concealing a violation of any provision of this chapter shall constitute
a violation of such provision.
(Ord. 1572 §
2, 1992)
Any person who violates any provision
of this chapter, 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 chapter should also include notice to the violator
of such potential liability.
(Ord. 1572 §
2, 1992)
A.
Nuisance Declared; Abatement. In addition
to the penalties hereinbefore provided, 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 may be taken
by the city attorney.
B.
Cost Borne by Owner; Lien. 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 by the authorized enforcement
official 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.
Seasonal Nuisance. If any violation of
this chapter 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.
(Ord. 1572 §
2, 1992)
The provisions of Section 1094.6
of the California Code of Civil Procedure are applicable to judicial
review of city decisions pursuant to this chapter.
(Ord. 1572 §
2, 1992)
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:
A.
A temporary and/or permanent injunction.
B.
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 bring legal action under this subsection.
C.
Costs incurred in removing, correcting
or terminating the adverse effects resulting from the violation.
D.
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 stormwater discharge
pollution control systems and/or implementing or enforcing the provisions
of this chapter.
(Ord. 1572 §
2, 1992)
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.
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 chapter, 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: (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.
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 nonstormwater
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.
(Ord. 1572 §
2, 1992)
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 Chapters 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 chapter.
(Ord. 1572 §
2, 1992)
Remedies under this chapter 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.
(Ord. 1572 §
2, 1992)
The first revisions 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. 1572 §
2, 1992)
