Note: Prior ordinance history: Ord. 1572; Ord. 2000; Ord. 2019.
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 Pleasanton citizens by:
A.
Eliminating the non-stormwater discharges to the municipal separate
storm sewer (hereinafter referred to as MS4);
B.
Controlling the discharge to municipal separate storm sewers from
spills, dumping or disposal of materials other than stormwater;
C.
Reducing pollutants and wastes in stormwater discharges to the maximum
extent practicable (MEP);
D.
Establishing the city of Pleasanton to comply with the California
Regional Water Quality Control Board San Francisco Bay Area Region
Municipal Regional Stormwater National Pollutant Discharge Elimination
System (NPDES) permit (hereinafter referred to as the MRP), or amended
as revised, NPDES Permit No. CAS612008, any reissuance thereof, and
applicable federal and state regulations. The MRP is available on
the Regional Water Board website at: https://www.waterboards.ca.gov/sanfranciscobay/water issues/programs/stormwater/
E.
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 and the California Water
Code.
(Ord. 2281, 6/18/2024)
A.
The requirements of this chapter are minimum requirements. They do
not replace, repeal, abrogate, supersede, or affect any other more
stringent requirements, rules, regulations, covenants, standards,
or restrictions. Where this chapter imposes requirements that are
more protective of human health or the environment than those set
forth elsewhere, the provisions of this chapter shall prevail.
B.
Approvals and permits granted under this chapter are not waivers
of the requirements of any other laws, nor do they indicate compliance
with any other laws. Compliance is still required with all applicable
federal, state, regional, and local laws and regulations, including
rules promulgated under authority of this chapter.
(Ord. 2281, 6/18/2024)
Any terms defined in the MRP, Federal Clean Water Act, or the
California Water Code and acts amendatory thereof or supplementary
thereto, and/or defined in the regulations for the Stormwater Discharge
Permitting Program issued by the United States 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:
means any person applying to the city of Pleasanton for permitting
or approval of a project.
for the purposes of this chapter, means the following city
of Pleasanton officials and/or their designees, employed by the city
of Pleasanton or working under a contract with the city of Pleasanton:
fire chief or his or her designee, public works director or his or
her designee, city engineer or his or her designee, and/or building
official or his or her designee
means structural device, measures, facility, activity, 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 a soil blend designed to meet the specifications approved
by the San Francisco Bay Regional Water Quality Control Board Executive
Officer and incorporated into the C.3 Technical Guidance Manual.
means the most recent version of the Alameda Countywide Clean
Water Program manual that sets forth guidance, design standards and
best management practices for low impact development.
means the city of Pleasanton.
means any activity that involves soil disturbing activities
including, but not limited to, grubbing, clearing, filling, leveling,
building, paving, grading, demolition, and ground disturbances such
as stockpiling and excavation unless exempted by the municipal code.
means the provisions in the MRP and any additional city of
Pleasanton standards that contain performance standards to address
both the construction and post-construction phase of new development
and redevelopment projects.
means construction, rehabilitation, redevelopment, or reconstruction
of any public or private residential project (whether single-family,
multi-unit, or planned unit development); or industrial, commercial,
retail or other nonresidential project, including public agency projects.
Development project as defined here and used in this chapter includes
redevelopment, which means land-disturbing activity that results in
the creation, addition, or replacement of exterior impervious surface
area on a site on which some past development has occurred.
means the public works director of the city of Pleasanton,
or his or her designee.
means: (a) any addition or discharge of any pollutant, waste,
or combination of pollutants and waste directly or indirectly to the
storm drain system or to waters of the United States or waters of
the state from any activity or operation; or (b) any addition of any
pollutant, waste, or combination of pollutants and waste directly
or indirectly to the storm drain system or to the waters of the contiguous
zone or the ocean from any activity or operation other than a vessel
or other floating craft being used as a means of transportation.
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This includes additions of pollutants or waste to waters of
the United States or waters of the state from: surface runoff which
is anthropogenically collected or channeled; discharges through pipes,
sewers, or other conveyances, including street surfaces and curb and
gutters, owned by a state, municipality, or other person which do
not lead to a treatment facility; and discharges through pipes, sewers,
or other conveyances, leading to privately owned treatment works.
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means a person or entity who or which, respectively, allows,
causes, permits to occur, or performs a discharge. "Discharger" also
means the owners of real property on which such activities, operations
or facilities are located; provided, however, that a local government
or public authority is not a discharger as to activities conducted
by others in public rights-of-way.
means an open space extending the full width of the lot,
between a building and the front lot line, unoccupied and unobstructed
from the ground upward, except as specified elsewhere in this title.
means any device or series of devices that traps all particles
retained by a minimum five-millimeter mesh screen and has a design
treatment capacity of not less than the peak flow rate resulting from
a one-year, one-hour storm in the tributary drainage catchment area.
means a set of unique identifiers of a precise geographic
location on the earth, usually expressed in alphanumeric characters
as the location's latitude and longitude values.
means infrastructure that uses vegetation, soils, and natural
processes to manage water and create healthier urban environments.
At the scale of a city or county, green infrastructure refers to the
patchwork of natural areas that provides habitat, flood protection,
cleaner air, and cleaner water. At the scale of a neighborhood or
site, green infrastructure refers to stormwater management systems
that mimic nature by soaking up and storing water. As low impact development
(LID) practices are often implemented with GSI, these concepts are
together referred to as LID/GSI.
means modification of a stream's hydrograph, caused
in general by increases in flows and durations that result when land
is developed (e.g., made more impervious). The effects of the hydromodification
include, but are not limited to, increased bed and bank erosion, loss
of habitat, increased sediment transportation and deposition, and
increased flooding.
means engineered systems designed to minimize changes to
the hydrograph (hydromodification) resulting from development by matching
the flow durations (long-term temporal patterns of volume and rate)
of the pre-project runoff.
means any device or method that conveys an illicit discharge
to an MS4 or receiving water or any conveyance that has not been documented
in plans, maps, or equivalent records and approved by the city of
Pleasanton.
means any discharge to the MS4 that is prohibited under local,
state, or federal statutes, ordinances, codes, or regulations. This
includes all non-stormwater discharges not composed entirely of stormwater,
except discharges allowed pursuant to an NPDES permit (other than
the NPDES permit for discharges from the MS4).
means any activity that involves manufacturing, processing,
or raw materials storage areas. Further definition of activities covered
is provided in 40 Code of Federal Regulations Section 122.26(b) and
the Statewide Industrial General Permit.
means the planting and maintenance of trees, shrubs, lawns
and other evergreen ground cover or material, including inorganic
accessory materials utilized to accent or complement the vegetation.
means a piece or parcel of land owned as a single unit in
common ownership, occupied or intended to be occupied by a principal
building or a group of such buildings and accessory buildings, or
utilized for a principal use and uses accessory thereto, together
with such open spaces as are required by this title, and having frontage
on and access to an approved and accepted city of Pleasanton street
that meets the standards of width and improvements as specified in
the regulations of the city of Pleasanton contained in or adopted
pursuant to the subdivision title and street improvement chapter as
to the section and the frontage of the lot involved, or having frontage
on and access to an approved private street.
uses site design and stormwater management to maintain the
site's pre-development runoff rates and volumes. The goal of
LID is to mimic a site's predevelopment hydrology by using design
techniques that infiltrate, filter, store, evaporate, detain, and/or
biotreat stormwater runoff on or near the site. At the site scale,
GSI is a subset of LID. As LID practices are often implemented with
GSI, these concepts are referred together as LID/GSI.
means a standard for implementation of stormwater management
programs to reduce pollutants in stormwater to the maximum extent
possible, taking into account equitable considerations and competing
facts, including, but not limited to, the seriousness of the problem,
public health risks, environmental benefits, pollutant removal effectiveness,
regulatory compliance, cost and technical feasibility.
means the California Regional Water Quality Control Board
San Francisco Bay Region Municipal Regional Stormwater NPDES permit
issued to the city of Pleasanton, NPDES Permit No. CAS612008 and any
subsequent amendment, reissuance, or successor to this NPDES permit.
means and includes, but is not limited to, those facilities
within the city of Pleasanton 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 part of a publicly
owned treatment works (POTW) as defined at 40 Code of Federal Regulations
Section 122.2.
means any discharge that is not entirely composed of stormwater.
means National Pollutant Discharge Elimination System.
means a NPDES permit issued by the United States Environmental
Protection Agency, the State Water Resources Control Board, or a California
Regional Water Quality Control Board pursuant to the Clean Water Act
and the California Water Code that authorizes discharges to waters
of the United States.
means an individual, corporation, partnership, association,
state, municipality, commission, or political subdivision of a state,
or any interstate body.
means dredged soil, solid waste, incinerator residue, filter
backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions,
chemical wastes or byproducts, fuels, biological materials, radioactive
materials (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment,
sediment, contaminated waste discharged from hot tubs, pools or spas,
dumped yard wastes, food related wastes, rock, sand, dirt, and industrial,
municipal and agricultural waste discharged into water, or placed
in an area or manner such that it could be swept away or carried by
stormwater runoff.
means any building, lot, parcel, real estate, or land or
portion of land, whether improved or unimproved, including adjacent
sidewalks and parking strips.
means a development project, as defined in MRP Provision
C.3. These projects are required to implement LID source control,
site design, and LID/GSI stormwater treatment on site or at a joint
stormwater treatment facility, in accordance with the criteria for
LID/GSI and numeric sizing for stormwater treatment systems, and may
be required to implement hydromodification management as put forth
in the MRP.
means the owner, occupant, or entity responsible for any
premises, or who engages in any activity, from which there is or may
be a non-stormwater discharge or any person who releases pollutants
or waste to the MS4.
means structural or operational BMPs that are intended to
prevent pollutants from coming into contact with stormwater through
the physical separation of areas or careful management of activities
that are sources of pollutants.
means the state of California.
means temporary surface water runoff and drainage generated
by immediately preceding storms. This definition shall be interpreted
consistent with the definition of "stormwater" in Section 122.26 of
Title 40 of the Code of Federal Regulations.
means any engineered system designed to remove pollutants
and waste from stormwater runoff by settling, filtration, biological
degradation, plant uptake, media absorption/adsorption or other physical,
biological, or chemical process. This includes landscape-based systems
such as grassy swales and bioretention units as well as proprietary
systems.
Trash consists of litter and particles of litter. California
Government Code Section 68055.1(g) defines "litter" as all improperly
discarded waste material, including, but not limited to, convenience
food, beverage, and other product packages or containers constructed
of steel, aluminum, glass, paper, plastic, and other natural and synthetic
materials, thrown or deposited on the lands and waters of the State,
but not including the properly discarded waste of the primary process
of agriculture, mining, logging, sawmilling, or manufacturing.
includes sewage and any and all other waste substances, liquid,
solid, gaseous, or radioactive, associated with human habitation,
or of human or animal origin, or from any producing, manufacturing,
or processing operation, including waste placed within containers
of whatever nature prior to, and for purposes of, disposal.
means: (a) an elongated open depression or channel in which
water may or does flow; (b) a conduit or channel intended for the
conveyance of water whether open or closed; (c) a stream or course
of running water flowing on the earth; or (d) a ditch or artificial
channel created for the conveyance of water.
means any surface water or groundwater, including saline
waters, within the boundaries of the state.
shall have the same meaning as set forth in 40 Code of Federal
Regulations Section 120.2 or any successor provisions.
(Ord. 2281, 6/18/2024)
This chapter shall be administered for the city of Pleasanton
by the public works 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, the Zone 7 water
agency, or other public agency legally responsible for certain watercourses,
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.
(Ord. 2281, 6/18/2024)
A.
This chapter shall be construed to assure consistency with the requirements
of the Federal Clean Water Act and acts amendatory thereof or supplementary
thereto, the California Water Code and applicable implementing regulations,
and the MRP and any amendment, revision or reissuance thereof.
B.
The standards established by this chapter are minimum standards.
Therefore, this chapter does not intend nor imply that compliance
by any discharger will ensure that the discharger will not cause contamination,
pollution, or unauthorized discharge of pollutants or waste into waters
of the United States or waters of the state. Ensuring that the discharger
does not contaminate, pollute, or otherwise discharge pollutants or
waste into the waters of the United States or to waters of the state
is the ultimate responsibility of the discharger. This chapter shall
not create liability on the part of the city of Pleasanton or any
city of Pleasanton agent or employee for any damages that result from
the discharger's reliance on this chapter, or any lawful administrative
decision made under this chapter.
(Ord. 2281, 6/18/2024)
This chapter shall apply to:
A.
Ministerial as well as discretionary approvals of development projects.
B.
Dischargers at or from parcels and premises within the city of Pleasanton,
which have been found to, or may be reasonably considered to, cause
or contribute to pollution of stormwater runoff or illegal connections
and other illicit discharges.
C.
Nothing in this chapter shall be interpreted to infringe any right
or power guaranteed by the United States Constitution or the California
Constitution, including any vested property right.
(Ord. 2281, 6/18/2024)
If any portion of the ordinance codified in this chapter is
declared invalid, the remaining portions of such ordinance are considered
to be valid.
(Ord. 2281, 6/18/2024)
A.
General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is prohibited, except as set forth in Section 9.14.090.
B.
The city of Pleasanton has the authority and duty to require any
person intending to connect to the MS4 to adhere to this chapter,
the MRP, and any amendment, revision, or reissuance thereof.
C.
It is unlawful to throw, deposit, leave, abandon, maintain or keep
materials or wastes on public or private lands in a manner and place
where they may result in an illicit discharge.
(Ord. 2281, 6/18/2024)
The following discharges are exempt from the prohibition set forth in Section 9.14.080, above:
A.
Any discharge regulated under an 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.
Exempt discharges, as identified in the MRP. Unpolluted discharges
from those sources or activities specifically identified in or pursuant
to the MRP as exempt discharges, unless they are identified by the
city of Pleasanton or the Regional Water Board as a source of pollutants
to receiving waters, in which case they shall be addressed as conditionally
exempt discharges.
C.
Conditionally exempt discharges, as identified in the MRP. Discharges
from those sources or activities specifically identified in or pursuant
to the MRP as conditionally exempt discharges, provided that: (1)
they are identified by the city of Pleasanton or the Regional Water
Board as not being sources of pollutants to receiving waters; or (2)
applicable BMPs are developed and implemented to eliminate adverse
impacts associated with such sources or activities and required conditions
described in the MRP are met prior to the discharge.
D.
If the Regional Water Quality Control Board or the city of Pleasanton
determines that an exempt or conditionally exempt discharge results
in or contributes to a violation of the MRP or of any applicable water
quality standard for receiving waters, either separately or when combined
with other discharges, or is a danger to public health or safety the
authorized enforcement officer may give written notice to the responsible
person that the discharge exemption shall not apply to the discharge
at issue following a 10-day period commencing upon delivery of the
notice. Upon expiration of the 10-day period, any such discharge shall
be unlawful.
(Ord. 2281, 6/18/2024)
A.
Any discharge that would result in or contribute to a violation of
the MRP, 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 of Pleasanton in any administrative or judicial enforcement
action relating to such discharge.
B.
Every owner of real property within the [city of Pleasanton] shall
manage their property in a manner to avoid violation of this code.
The property owner shall be liable for violations thereof regardless
of any contract or agreement with any third party regarding the property.
When there are multiple property owners, the property owners shall
have joint and several liability.
1.
Every property owner in the city of Pleasanton's jurisdiction
is required to conduct all activities in a manner to avoid violation
of this code and to correct any nuisance condition.
2.
Every property owner in the city of Pleasanton's jurisdiction
is required to conduct all activities in a manner to avoid violation
of this code and to correct any nuisance condition.
(Ord. 2281, 6/18/2024)
A.
It is prohibited to establish, use, maintain or continue any illicit
drainage connections or illicit discharges to the MS4. 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.
1.
Any person responsible for a discharge, spill, or pollutant release,
including those resulting from activities associated with mobile businesses,
shall promptly cease and desist discharging and/or cleanup and abate
such a discharge as directed by the authorized enforcement official.
2.
Any person responsible for an illicit connection shall promptly remove
the connection as directed by the authorized enforcement official.
3.
The city of Pleasanton may perform cleanup and abatement work and recover its costs from the responsible person as provided in Section 9.14.260 of the city of Pleasanton Municipal Code. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Sections 9.14.170 through 9.14.280 of the city of Pleasanton Municipal Code.
(Ord. 2281, 6/18/2024)
Any person engaged in activities which will or may result in
pollutants or waste discharges entering the city of Pleasanton storm
sewer system, natural surface waters, or watercourses shall undertake
all practicable measures to cease such activities, and/or reduce such
pollutants and waste discharges. Examples of such activities include,
but are not limited to, ownership and use of facilities such as parking
lots, gasoline stations, auto services, industrial facilities, and
commercial facilities fronting city of Pleasanton streets.
The authorized enforcement official shall have the authority to inspect any activity conducted within the city of Pleasanton pursuant to Sections 9.14.170 through 9.14.280. When any activity is being performed contrary to the provisions of this code and has the potential to result in a discharge to the MS4, the authorized enforcement official may order the activity stopped until appropriate controls are implemented be pursuant to Sections 9.14.170 through 9.14.280.
A.
General requirements.
1.
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 other drainage structures, business place or upon
any public or private lot of land in the city of Pleasanton, so that
the same might be or become a pollutant, except in containers or in
lawfully established dumping grounds.
b.
No person shall throw or deposit litter in any fountain, pond,
lake, creek, or any other body of water in a park or elsewhere within
the city of Pleasanton. Litter is defined as "garbage," "refuse" and
"rubbish," and all other waste material.
2.
Standard Maintenance of Premises.
a.
Persons owning or operating premises shall clean the property
and storm drainage structures as frequently and thoroughly as practicable
in a manner that does not result in discharge of pollutants or waste
to the MS4.
b.
The responsible person for any business in the city of Pleasanton
in front of which there is a paved sidewalk shall maintain said sidewalk
free of dirt and litter to the MEP. Sweepings from said sidewalk shall
not be swept or otherwise made or allowed to go into the gutter, roadway,
or MS4, but shall be disposed of in receptacles maintained on said
real property as required for the disposal of garbage.
c.
If wet cleaning is required to maintain the appearance of the
sidewalk, parking lot, or other exterior surfaces, the surface cleaning
guidelines established by the Alameda Countywide Clean Water Program
shall be used
3.
Trash Control.
a.
An authorized enforcement officer may require installation and
maintenance of full trash capture device(s) that meet the requirements
of the San Francisco Bay Regional Water Quality Control Board on private
storm drain inlets if implemented controls do not prevent the discharge
of trash from the private parcels and drainage facilities to the MS4.
b.
At a minimum, the full trash capture system covering the entirety
of the parcel must be installed before the on-site drainage enters
the MS4 (i.e., trash capture must take place no farther downstream
than the last private stormwater drainage structure on the site).
c.
The authorized enforcement official may require persons owning,
operating or maintaining such premises to enter into an operation
and maintenance agreement, in a form approved by the city of Pleasanton
and which has been recorded for the property with the Alameda County
recorder's office, to ensure the operation and maintenance of
the full trash capture system.
d.
Upon transferring ownership of the property, any property owner
required by this chapter to install and maintain a full trash capture
system shall notify the city of Pleasanton in writing of the transfer
of ownership, provide the new owners with a current copy of this chapter
and the maintenance agreement, and inform the new owners in writing
of their obligation to properly operate and maintain the full trash
capture system.
e.
It is unlawful to alter, modify, change, or remove any full
trash capture system without first obtaining from the authorized enforcement
official written certification that the requirements of this chapter
have been satisfied.
4.
Organic Matter. Sweeping, blowing, or otherwise causing leaf litter,
yard trimmings, or other organic matter in a manner that allows it
to enter the MS4 is prohibited.
5.
Notice of Intent and Compliance with State Water Resources Control
Board General Stormwater 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, the
State Water Resources Control Board, or the San Francisco Bay Regional
Water Quality Control Board, shall provide Notice of Intent to comply
with, and undertake all activities required by any general stormwater
permit as applicable to such discharges.
6.
Proof of compliance with a general stormwater permit may be required
in a form acceptable to the city of Pleasanton's designated representative
prior to or as a condition of a subdivision map, site plan, building
permit, development or improvement plan, or business license; upon
inspection of a facility; during any enforcement proceeding or action;
or for any other reasonable cause.
7.
Incidental irrigation runoff is the unintended amounts of runoff
that leave the area of application such as minimal overspray. Water
leaving the intended area of application is not incidental if it is
due to the design, excessive application, intentional overflow or
application, or inadequate maintenance. Irrigation systems must be
designed and maintained to conserve water and prevent water from leaving
the area of application. Responsible persons shall control irrigation
systems to prevent excessive irrigation runoff by implementing the
following BMPs:
a.
Detect and repair leaks from the irrigation system within eight
hours of notification by the city of the leak or upon discovery of
the leak;
b.
Properly design and aim sprinkler heads to only irrigate the
planned application area;
c.
Do not irrigate during precipitation events; and
d.
Where recycled water is used for irrigation, the user must conform to the requirements set forth in the city of Pleasanton's Municipal Code, Chapter 14.06 Regulations of Recycled Water Use; and Chapter 17.14 Water Efficient Landscaping, as amended from time to time, or those given by the MRP, whichever are greater.
8.
Best Management Practices (BMPs) and Standards to Reduce Stormwater
and Non-Stormwater Pollutants—Responsibility to Implement BMPs.
Any person engaged in activities or operations or owning or occupying
facilities or property that will or may result in pollutants entering
the MS4 or receiving waters shall implement BMPs to prevent and reduce
such pollutants.
9.
City of Pleasanton may Establish BMPs. In addition to BMPs set forth
in any general stormwater permit or individual NPDES permit, and notwithstanding
the discharge exemptions set forth in the MRP, the city of Pleasanton
may establish and require compliance with BMPs for any activity, operation,
or facility that may cause or contribute to degradation, pollution
or contamination of stormwater, the MS4, or receiving waters.
10.
The public works director may require submission of information
to evaluate the implementation and/or require the implementation of
BMPs, including, but not limited to, the following:
a.
Minimum BMPs. All dischargers must implement and maintain at
least the following minimum BMPs: appropriate BMPs will be implemented
to prevent pollutant and waste sources from entering the [agency's]
storm drain collection system that are associated with outdoor process
and manufacturing areas, outdoor material storage areas, outdoor waste
storage and disposal areas, outdoor vehicle and equipment storage
and maintenance areas, outdoor parking and access roads, outdoor wash
areas, outdoor drainage from indoor areas, rooftop equipment, contaminated
and erodible surfaces, or other sources by the public works director
to have reasonable potential to contribute to pollution to stormwater
runoff.
b.
Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs
at staffed and unstaffed facilities must be inspected and maintained
by the discharger according to manufacturer specifications and/or
the California Stormwater Quality Association (CASQA) Stormwater BMP
Handbooks. These BMPs must be maintained so that they continue to
function as designed. BMPs that fail must be repaired as soon as it
is safe to do so. If the failure of a BMP indicates that the BMPs
in use are inappropriate or inadequate to the circumstances, the BMPs
must be modified or upgraded to prevent any further failure in the
same or similar circumstances.
B.
Containment and Notification of Spills.
1.
Notwithstanding any other requirement of law, any known or suspected
spill or release of pollutants or wastes which result or may result
in an illicit discharge into the city of Pleasanton storm drain system,
waters of the United States, or waters of the state, shall be reported
immediately in the following manner by any responsible person for
a facility or responsible person for the facility's emergency
response:
a.
The release of a hazardous material or hazardous waste shall
be immediately reported to emergency services by emergency dispatch
services (911).
b.
The release of a nonhazardous waste shall be reported to the
Public Works Administration by phone at 925-931-5500 no later than
4:00 p.m. on the same business day. If the release occurs afterhours
or on weekend or holidays, report to the Pleasanton police department
nonemergency line at 925-931-5100. A written notification of the release
shall also be made to the director of public works within five business
days of the release.
2.
For any discharge subject to the reporting requirements of the state
of California Water Code Sections 13271 and 13272, notification in
compliance therewith shall constitute sufficient notification for
the purposes of this section.
(Ord. 2281, 6/18/2024)
All construction sites shall implement effective erosion control,
run-on and runoff control, sediment control, active treatment systems
(as appropriate), good site management, and non-stormwater management
through all phases of construction (including, but not limited to,
demolition, site grading, building, and finishing of lots) until the
site is fully stabilized by landscaping or the installation of permanent
erosion control measures. Construction sites shall conform to the
MRP Provision C.6, Construction Site Control, requirements, as well
as the following requirements:
A.
Any person performing construction activities in the city of Pleasanton
shall implement appropriate BMPs to prevent the discharge of sediment,
construction waste, or contaminants from construction materials, tools,
and equipment from discharging onto ground surfaces or entering the
storm drain system or watercourse.
B.
No construction activity may commence until adequate BMPs have been
installed conforming to MRP Provision C.6, Construction Site Control,
requirements and the authorized enforcement official has been notified
of their completion.
D.
When any work is being performed contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Sections 9.14.170 through 9.14.280 of the city of Pleasanton Municipal Code.
(Ord. 2281, 6/18/2024)
Development projects shall conform to the MRP Provision C.3,
New and Redevelopment Standards.
A.
Stormwater Source Controls. Source controls as described in the MRP
and in further detail in the Pleasanton Standard Specification Section
5 are required for all development projects doing work in the city
of Pleasanton.
1.
Architectural Copper. Copper metal roofing, copper granule containing
asphalt shingles, copper gutters, copper flashing, and copper architectural
ornaments shall not be permitted for use on any residential, commercial,
or industrial building for which a building permit is required. Replacement
roofing and gutters on historic structures are exempt, provided that
the roofing material used shall be pre-patinated at the factory. For
the purposes of this exemption, the definition of "historic" shall
be as identified in the city of Pleasanton's Downtown Specific
Plan.
B.
Site Design Techniques.
1.
Development projects that fall into the applicable thresholds as
defined in the MRP shall incorporate at least one of the following
site design techniques, as applicable to the project:
a.
Direct roof runoff into cisterns or rain barrels for use.
b.
Direct roof runoff onto vegetated areas through disconnected
roof leaders that are properly located to prevent erosion of landscaped
materials.
c.
Direct runoff from sidewalks, walkways, patios, driveways, uncovered
parking onto vegetated areas.
d.
Construct sidewalks, walkways, patios, driveways, uncovered
parking, or bike lanes with permeable surfaces as defined in the MRP.
3.
The above-referenced documents, as amended and reissued from time
to time, are incorporated by reference into this chapter. These documents
shall be available for download at the Alameda Countywide Clean Water
Program website.
C.
Regulated projects, as defined in the MRP, are required to incorporate
additional site design, stormwater treatment, and/or hydromodification
management measures. These measures are required to remain in place
throughout the life of the development project to address stormwater
runoff pollutant discharges and prevent increases in runoff flow rates
and volumes. Applicants for development projects shall select, design
and construct site design, stormwater treatment, and hydromodification
management measures, as applicable, to the satisfaction of the [agency]
in accordance with the requirements and guidelines set forth in the
most current version of following documents:
D.
Regulated projects shall include LID/GSI treatment measures, as set
forth in the MRP per the following provisions:
1.
Project Phasing. Project proponents may not phase projects to avoid
implementing stormwater requirements.
2.
Subdivisions of Land. Parcels of land which are subdivided for future
construction shall make provision for stormwater requirements anticipating
future build out. Stormwater improvements shall be considered part
of the infrastructure and are required to be installed with other
infrastructure improvements.
3.
Placement of LID/GSI treatment measures in common areas. In subdivisions,
stormwater treatment systems shall be placed in a publicly accessible
area unless prior approval has been obtained by the authorized enforcement
official.
4.
LID/GSI treatment measures shall not be placed in backyards or in
areas where fencing obstructs access for periodic inspection.
5.
Alternative Compliance for Low Impact Development. Notwithstanding the provisions of Section 9.14.130 of the Pleasanton Municipal Code, the authorized enforcement official may, in accordance with the MRP, authorize a regulated project to provide alternate compliance by treating an equivalent flow and pollutant load of the project's stormwater runoff with LID/GSI treatment measures at an on-site location that otherwise would not require treatment, or at an off-site location in the same watershed, in accordance with the MRP.
6.
Construction-Phase LID/GSI Requirements.
a.
Bioretention Soil Media (BSM) Certification. For LID/GSI incorporating
bioretention, submit the certification of the BSM, as set forth in
the C.3 Technical Guidance Manual, provided by the BSM supplier.
b.
GPS Coordinates. Prior to the city of Pleasanton granting final
certificate of occupancy or acceptance of improvements, the applicant
shall provide GPS coordinates for all installed stormwater treatment
facilities, hydromodification management measures, and trash capture
devices. The coordinates shall be in a format determined in one of
two formats:
i.
GIS Layer (shape file or feature class in a geodatabase). At
minimum, provide a GIS point layer of the facility inlet, and the
GIS polygon layer of facility footprint. Layer(s) shall contain the
device type, manufacturer, model, and date it was installed, and area
draining to the device.
ii.
Excel file (csv or text file) with the information noted above,
in addition to a coordinate location pair of Latitude/Longitude or
X/Y Coordinates in North American Datum (NAD) 1983 State Plane California
III FIPS 0403 Feet, WKID: 2227, Authority: EPSG.
E.
Hydromodification Management Measures.
1.
Regulated projects that are designated as hydromodification management
projects under the MRP shall demonstrate that the project will not
cause an increase in stormwater runoff flow rates, volume, or flow
durations over the pre-project existing condition based on the design
criteria set forth in the MRP.
2.
Hydromodification management projects shall implement on-site hydromodification
management controls unless a regional hydromodification management
control is available to control all or a portion of the project runoff.
F.
Requirement for Stormwater Management Plan. A stormwater management
plan shall consist of a preliminary plan to ensure adequate planning
for the management of stormwater runoff and quality control, and a
final plan, as approved by a designee of the public works director
or city engineer. Both plans shall be in accordance with the criteria
established in the following provisions:
1.
A preliminary stormwater management plan shall be submitted for review
and approval with all subdivision map, site plan, building permit,
or improvement plan applications if governed by this chapter.
2.
The final stormwater management plan must be submitted for review
and approval by the public works director or city engineer as part
of the improvement plan review process.
3.
All stormwater management plans shall be appropriately sealed and
signed by a professional engineer in adherence to all minimum standards
and requirements pertaining to the practice of that profession.
4.
The stormwater treatment systems must be designed in accordance with
the requirements specified in the MRP and with the design guidelines
detailed in the most recent C.3 Technical Guidance Manual.
G.
Maintenance Access Easements. The responsible person must ensure
access from the public right-of-way to stormwater treatment systems
for the purpose of inspection, maintenance, and repair by securing
all the maintenance access easements needed on a permanent basis.
Such access shall be sufficient for all necessary equipment materials
and personnel. The maintenance access easement must be located such
that the stormwater treatment systems are readily accessible for inspection
purposes during regular working hours.
I.
Inadequacy of the System.
1.
If a stormwater treatment or HM system is found to be inadequate
by virtue of physical evidence of operational failure, even though
it was built as called for in the approved stormwater management plan,
it shall be corrected by the responsible person before the development
project is finalized and accepted.
2.
If a stormwater treatment or HM system is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the responsible person. If the responsible person fails to act, the city of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 through 9.14.280 of the Pleasanton Municipal Code.
J.
LID/GSI requirements for projects improving street, sidewalk, or
road frontage. Portions of the public right-of-way that may generate
runoff, including sidewalks, curb extensions, pavement replacement,
and curb and gutter replacement in the street frontage, that are constructed
or reconstructed as part of the regulated project are considered part
of the regulated project.
K.
Additional Measures. The provisions of this section shall not prohibit
an authorized enforcement official from requiring a discharger to
take additional measures to achieve the objectives of this chapter
or any permit.
(Ord. 2281, 6/18/2024)
Development projects, including tenant improvement projects,
shall conform to the MRP Provision C.10, Trash Load Reduction.
A.
Full Trash Capture Systems or Devices and Actions.
1.
All development projects are required to install on-site full trash
capture systems or devices selected from the list of full capture
systems or multi-benefit trash treatment systems certified by the
State Water Board or implement trash control actions that provide
for an equivalent trash reduction.
2.
Full trash capture devices installed shall be on the Alameda County
Mosquito Abatement District list of approved devices. Alternately,
development projects may install regional, off-site full trash capture
devices if approved by the city of Pleasanton.
3.
Full trash capture systems or devices are required to remain in place
throughout the life of the development project to reduce trash loads
from the MS4. Applicants for development projects shall select, design,
and construct full trash capture systems or devices, as applicable,
to the satisfaction of the city of Pleasanton in accordance with the
requirements and guidelines set forth in the most current version
of following documents:
4.
The applicant must demonstrate to the satisfaction of the city of
Pleasanton that the trash control programs implemented in lieu of
full trash capture devices or systems will provide an equivalent level
of trash load reduction to installing full trash capture devices.
Applicants for development projects shall develop and submit a full
trash capture equivalency plan to the city of Pleasanton for approval.
The plan must include the planned trash control actions, projected
trash reductions of the actions, implementation schedule, entities
responsible for implementing the actions, and the plan to inspect
and verify the effectiveness of the actions.
B.
Maintenance Access Easements. The responsible person must ensure
access from the public right-of-way to full trash capture systems
or devices for the purpose of inspection, maintenance, and repair
by securing all the maintenance access easements needed on a permanent
basis. Such access shall be sufficient for all necessary equipment
materials and personnel. The maintenance access easement must be located
such that the stormwater treatment systems are readily accessible
for inspection purposes during regular working hours.
C.
Operation and Maintenance. Installed full capture trash systems or
devices will be operated and maintained by the responsible person
for the life of the project, following the manufacturer's recommendations
for maintenance.
E.
Inadequacy of the System.
1.
If a full trash capture system or device is found to be inadequate
by virtue of physical evidence of operational failure, even though
it was built as called for in the approved stormwater management plan,
it shall be corrected by the responsible person before the development
project is finalized and accepted.
2.
If a full trash capture system or device is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the responsible person. If the responsible person fails to act, the city of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 through 9.14.280
F.
Additional Measures. The provisions of this section shall not prohibit
an authorized enforcement official from requiring a discharger to
take additional measures to achieve the objectives of this chapter
or any permit.
(Ord. 2281, 6/18/2024)
A.
It is a violation of this code for any responsible person to fail
to properly operate and maintain any approved full capture trash device,
stormwater treatment facilities, hydromodification management facilities
and/or source control BMPs on the responsible person's property.
Stormwater treatment systems which do not have a stormwater management
maintenance agreement must be maintained as required by the manufacturer's
guidelines and/or to ensure intended functioning of the system(s)
B.
Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a stormwater management maintenance agreement for the property. The stormwater management maintenance agreement, also known as the operation and maintenance agreement, shall run with the land, and shall be recorded in the office of the Alameda County clerk-recorder. Provisions in the stormwater management maintenance agreement are fully enforceable under the city of Pleasanton Municipal Code. Enforcement action, as detailed in Sections 9.14.170 through 9.14.280, may be taken for failure to meet any of the requirements of the stormwater management maintenance agreement.
C.
The stormwater management maintenance agreement must be entered into
between the responsible person and the city of Pleasanton. Responsibility
for the operation and maintenance of the stormwater treatment systems
shall remain with the responsible person and shall pass to any successor
responsible person. If portions of the land are sold or otherwise
transferred, legally binding arrangements shall be made to pass the
inspection and maintenance responsibility to the appropriate successors
in title, and notification of the successor must be provided to the
city of Pleasanton.
D.
The responsible person shall bear responsibility for major repair
or replacement of any facilities installed in the public right-of-way
as a condition of project approval.
E.
Maintenance of stormwater treatment systems shall be performed and
completed in accordance with the stormwater management maintenance
agreement. The stormwater management maintenance agreement shall be
irrevocable and shall obligate all current and future responsible
persons to bear all costs for the annual maintenance, replacement,
and record keeping of all stormwater treatment systems.
F.
Site plans and operations and maintenance plans for recording shall
show at a minimum:
1.
Location of on-site full trash capture, stormwater treatment, and
HM systems.
2.
Location of off-site/public stormwater full trash capture, stormwater
treatment, and HM systems.
3.
A note to reference any stormwater treatment systems stating: "As
part of the original construction of the Development, stormwater treatment
systems were installed within the Development in connection with the
Development's drainage system. Neither the Association nor any
Responsible Person shall do any work, construct any improvement, place
any landscaping, or otherwise perform any action whatsoever which
alters or interferes with the drainage pattern for any Lot or any
portion of the Common Areas, except to the extent such alteration
in drainage pattern is approved in writing by the City of Pleasanton."
4.
A note to reference the stormwater management maintenance agreement:
"The on-site stormwater treatment systems shall be inspected and maintained
as detailed in the Stormwater Management Maintenance Agreement."
5.
The extent of watercourse buffer, if any, on the subject property
by the parcel's boundary landmarks and a label of the watercourse
buffer.
6.
Provide a note to reference any watercourse buffer stating: "There
shall be no clearing, grading, construction or disturbance of vegetation
except as permitted by the City of Pleasanton."
7.
A note to reference any protective covenants governing all watercourse
buffer areas stating: "Any watercourse buffer shown hereon is subject
to protective covenants which may be found in the land records and
which restrict disturbance and use of these areas."
G.
Annual Report. A report of the annual inspection and maintenance
activities completed on the stormwater treatment systems shall be
submitted to the city of Pleasanton by October 31 of each year. The
annual inspection report shall include all completed inspection and
maintenance forms for the reporting period. The annual inspection
shall also include a record of the volume of all accumulated sediment
and trash removed from the stormwater treatment systems.
H.
Transfer of Property. When a property subject to a stormwater management
maintenance agreement is sold, conveyed, or otherwise transferred
to another entity, the responsible person shall provide written notice
of said document to the transferee and provide the city of Pleasanton
a copy of such notice.
J.
Inadequacy of the System. If a full capture trash device, stormwater treatment facility, hydromodification management facility and/or source control BMP is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the responsible person. If the responsible person fails to act, the city of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 through 9.14.280.
(Ord. 2281, 6/18/2024)
A.
General Procedures.
1.
The authorized enforcement official has authority to conduct inspections
related to purposes of implementing this chapter on private or public
property. Inspections shall be based upon such reasonable selection
processes as may be deemed necessary to carry out the objectives of
the chapter, including, but not limited to, visual evidence of an
actual or potential violation of any provision of this chapter, complaints
received, knowledge or physical evidence of subject activities or
other pollutant sources and waste discharges, routine inspections,
random sampling, sampling in areas with evidence of stormwater pollution,
contamination, illicit connections, discharge of non-stormwater.
2.
The authorized enforcement official may enter such building or premises
at all reasonable times to inspect the same, to inspect and copy records
related to stormwater compliance, take measurements, or perform any
duty imposed upon the official by this chapter; provided that:
a.
If such building or premises is occupied, the authorized enforcement
official shall first present proper credentials and request entry;
and
b.
If such building or premises is unoccupied, the authorized enforcement
official shall first make a reasonable effort to locate the responsible
person having charge or control of the building or premises and request
entry.
3.
Any such request for entry shall state that the responsible person
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 responsible
person refuses entry after such request has been made, or in the event
that the responsible person for the building or premises cannot be
located, an inspection/abatement warrant authorizing entry shall be
obtained prior to the city of Pleasanton's entry onto the premises.
The official is hereby empowered to seek assistance from any court
of competent jurisdiction in obtaining such warrant authorizing entry.
4.
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 non-stormwater to the stormwater system,
or similar factors.
B.
Authority to Sample and Establish Sampling Devices. The city of Pleasanton
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.
C.
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 MS4, such person shall notify the city of Pleasanton of the occurrence
by contacting (925) 931-5500 during normal working hours or (925)
931-5100 after normal working hours and confirming the notification
by correspondence to the same.
D.
Follow-Up Action. In accordance with Section 9.14.080 and Section 9.14.130, and following city of Pleasanton inspection, the city of Pleasanton may require that any person in charge of a facility or responsible for emergency response for a facility that has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the MS4, take appropriate action to prevent discharge of pollutants or wastes, including, but not limited to, implementation of appropriate BMPs, as described in Section 9.14.130, and/or installation of full trash capture systems or devices.
E.
Requirement to Test or Monitor. An 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
non-stormwater 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. 2281, 6/18/2024)
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 city of Pleasanton, be charged and prosecuted as
an infraction.
(Ord. 2281, 6/18/2024)
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 a 12-month period, subsequent
violations of that same provision within a 12-month period may be
charged as a misdemeanor.
(Ord. 2281, 6/18/2024)
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. 2281, 6/18/2024)
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter shall constitute a violation of such
provision.
(Ord. 2281, 6/18/2024)
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 code may also
include notice to the violator of such potential liability.
(Ord. 2281, 6/18/2024)
A.
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. Such condition may be summarily abated and/or restored by any authorized enforcement official pursuant to Section 9.14.260 of the city of Pleasanton Municipal Code, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city of Pleasanton's city attorney.
B.
The cost of such abatement and restoration shall be borne by the responsible person for the property, and the cost thereof shall be a lien upon and against the property. The procedures of Chapter 9.28 of the Pleasanton Municipal Code shall be followed for any such lien.
C.
If any violation of this chapter constitutes a seasonal and recurrent
nuisance, the city of Pleasanton city council shall so declare. Thereafter
such seasonal and recurrent nuisance shall be abated every year without
the necessity of any further hearing.
(Ord. 2281, 6/18/2024)
The provisions of Section 1094.6 of the California Code of Civil
Procedure are applicable to judicial review of the city of Pleasanton
decisions pursuant to this chapter.
(Ord. 2281, 6/18/2024)
In addition to any other remedies provided in this chapter,
any violation of this chapter may be enforced by civil action brought
by the city of Pleasanton. In any such action, the city of Pleasanton
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 of Pleasanton 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;
and
E.
Any applicable attorneys' fees.
(Ord. 2281, 6/18/2024)
In addition to the other enforcement powers and remedies established
by this chapter, an authorized enforcement official has the authority
to utilize the following administrative remedies set forth in the
city of Pleasanton Municipal Code, in addition to any or all of the
following that apply:
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 MS4 or a non-stormwater discharge to the MS4, the official may
give notice to the responsible person, 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.
C.
Verbal Warning or Written Warning. When an authorized enforcement
official finds that a discharger has violated, or continues to violate,
any provision of this chapter, or order issued hereunder, or any other
stormwater standards or requirement, the authorized enforcement official
may serve upon that discharger a verbal or written warning notice
or notice of violation. The notice includes required corrective actions
to occur within a reasonably short and expedient time frame commensurate
with the threat to water quality.
D.
Stop Work Order. Whenever an authorized enforcement official finds
that a discharger has performed work contrary to the provisions of
this section, the authorized enforcement official may order the work
stopped by notice in writing served on any persons engaged in doing
or causing the work to be done. Such work shall stop until the authorized
enforcement official authorizes the work to proceed.
E.
Withholding Plan Approvals or Permits. Whenever an authorized enforcement
official finds that a discharger has performed work contrary to the
provisions of this section the city of Pleasanton may withhold the
issuance of approvals or permits for ongoing or continued work at
the property. Such actions by the city of Pleasanton may include,
but are not limited to, withholding final certificate of occupancy
or acceptance of improvements until the violation has been corrected.
F.
The hearing officer shall assess administrative costs against the
violator when it finds that a violation has occurred, and that compliance
has not been achieved within the time specified in the compliance
order.
G.
The administrative costs may include any and all costs incurred by
the city in connection with the matter before the hearing officer
including, but not limited to, costs of investigation, staffing costs
incurred in preparation for the hearing and for the hearing itself,
and costs for all reinspections necessary to enforce the compliance
order.
(Ord. 2281, 6/18/2024)
A.
If the violation has not been corrected pursuant to the requirements set forth in Section 9.14.250, the city of Pleasanton or a contractor designated by the authorized enforcement official may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any responsible person in possession of any premises to refuse to allow the authorized enforcement official or designated contractor to enter upon the premises for the purposes set forth above. In the event the responsible person in possession refuses the authorized enforcement official or designated contractor said entry, the authorized enforcement official is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry
B.
After abatement of the nuisance by the city of Pleasanton, the authorized
enforcement official shall notify the responsible person of the cost
of abatement, including administrative costs. The bill shall also
state that failure to pay the abatement and administrative costs within
30 days from service of the bill may result in the recording of a
lien and the placement of a special assessment against the property.
(Ord. 2281, 6/18/2024)
A.
Authorized enforcement officials may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same may hereafter be amended. It is the intent of the city of Pleasanton city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.
B.
Police officers, but not authorized enforcement officials, shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this chapter 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.
(Ord. 2281, 6/18/2024)
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. 2281, 6/18/2024)
The first revisions of the business plan for any facility subject
to the city of Pleasanton's Hazardous Materials Inventory and
Response Program shall include a program for compliance with this
chapter, including the prohibitions on non-stormwater discharges and
illicit discharges, and the requirement to reduce pollutants or wastes
to the MEP.
(Ord. 2281, 6/18/2024)
