This chapter shall be known as the "City of Emeryville stormwater treatment design, management, and discharge control program," and may be so cited.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)
The purpose of this chapter is to ensure the future health, safety, and general welfare of Emeryville citizens by:
(a) 
Eliminating non-stormwater discharges to the municipal separate storm sewer;
(b) 
Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than stormwater;
(c) 
Reducing pollutants in stormwater discharges to the maximum extent practicable. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)
(a) 
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 definitions of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge; illicit discharge; pollutant; and stormwater.
These terms presently are defined as follows:
(1) 
"Discharge"
means any addition of any pollutant to navigable waters from any point source, or 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.
(2) 
"Illicit discharge"
means any discharge to the City storm sewer system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit and discharges resulting from firefighting activities.
(3) 
"Pollutant"
means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive material, gasoline, petroleum (including without limitation crude oil or any fraction thereof), rock, sand, earth material and industrial, municipal, and agricultural waste discharge into water.
(4) 
"Stormwater"
means stormwater runoff, snowmelt runoff, and surface runoff and drainage.
(b) 
When used in this chapter, the following words shall have the meanings ascribed to them in this section:
(1) 
"Authorized enforcement official"
means the Public Works Director or his/her designee, so designated in writing.
(2) 
"Best management practices (BMPs)"
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, permanent site design and treatment measures, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(3) 
"City"
means the City of Emeryville.
(4) 
"City storm sewer system"
means and includes but is not limited to those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Section 122.2.
(5) 
"Development" and "redevelopment"
mean the creation or replacement of impervious surfaces, including but not limited to buildings, rooftops, decks, patios, covered and uncovered walkways, parking and circulation areas.
(6) 
"Impervious surface"
means any material that prevents the infiltration of stormwater into the ground, including but not limited to impermeable concrete, asphalt, brick, and pavers.
(7) 
"Mechanical treatment measure"
means a treatment facility that filters stormwater via an artificial medium, swirl separating, or settling; examples include, but are not limited to, storm drain inlet filters, vault-based media filters, swirl separators, and oil-water separators. To satisfy the requirements of this chapter, mechanical treatment measures must remove fine sediments, dissolved metals, trash, and oil.
(8) 
"Non-stormwater discharge"
means any discharge that is not substantially composed of stormwater.
(9) 
"Permanent stormwater treatment facility"
means a system designed to remove or reduce stormwater pollutants and/or control the rate of flow or volume of stormwater runoff into the City storm drain system or the waters of the United States.
(10) 
"Premises"
means any building, lot, parcel, real estate, or land, or portion of land, whether improved, or unimproved, including adjacent sidewalks and parking strips.
(11) 
"Stormwater treatment permit"
means a permit, issued in accordance with the provisions of Article 4 of this chapter, regulating the design, construction, and operation of permanent stormwater treatment facilities.
(12) 
"Vegetative treatment measure"
means a treatment facility that filters stormwater through plants and soil; examples include, but are not limited to flow-through planter boxes, rain gardens, biofiltration swales, podium and roof plantings, and lowered landscape strips.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)
This chapter shall be administered for the City by the Director of Public Works. 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.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)
This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or Section 6-13.106, supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA 0029831 and any amendment, revision or reissuance thereof.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)
The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then the City Council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in Section 6-13.102 above.
(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008; Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992)