HomeMy WebLinkAbout94-19 ORDINANCE NO. 94-19
RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROL
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1.
Sections 32-141 through 32-141.22 are added to Article XI of Chapter XXXII of the Danville
Municipal Code to read as follows:
Division 1.
General Provisions
32-141 Title.
This chapter shall be known as the "Town of Danville Stormwater Management and
Discharge Control Ordinance" and may be so cited.
32-141.1 Purpose and Intent.
The purpose of this chapter is to protect the future health, safety, and general welfare of the
Town of Danville citizens by implementing the following actions to the maximum extent
practicable:
(a)
eliminating non-stormwater discharges to the municipal stormwater drainage
system.
00)
protecting against the discharge to municipal stormwater collection systems as
a result of spills, dumping or disposal of materials other than stormwater~
(c) reducing pollutants in stormwater discharges.
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.
32-141.2 Definitions.
The following words and phrases, when used in this Chapter, shall be as defined herein.
Words and phrases used in this Chapter and not otherwise defined herein shall have the
meanings as defined in the regulations promulgated by the U.S. Environmental Protection
Agency to implement the requirements of the Federal Clean Water Act, or as defined by the
State Water Resources Control Board to implement the California Water Code.
a,
Authorized Enforcement Officer: authorized enforcement officers shall be the
City Engineer and those individuals designated by the City Engineer as
authorized enforcement officers.
Page 1 of Ordinance No. 94-19
b.
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Best Management Practices (BMPs): 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
Stateso BMPs also include treatment requirements, operating procedures,
design specifications, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
City Engineer: the City Engineer of the Town of Danville.
Discharge: a) any addition of any pollutant into a storm drainage collection
system or natural surface runoff channel 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.
Facility: Any non-residential premiseso
National Pollutant Discharge Elimination System (NPDES): a regulatory
pollution elimination program established by the Clean Water Act and
administered by the State of California under the authority of the United States
Environmental Protection Agency. In the Bay Area, the program is
administered by the Bay Area Water Quality Control Board.
Non-Stormwater Discharge: Any discharge that is not entirely composed of
stormwatero
Notice of Intent (NOI): Srate regulation requiring each stormwater discharger
to file with State Water Resources Control Board for any construction activity
of clearing, grading and excavation with a land disturbance of five acres or
more to obtain coverage with applicable General Permit.
Pollutant: dredged soil, erosion, silt, solid waste, incinerator residue, sewage,
garbage, sewage sludge, chemical wastes, biological materials, petroleum
products and by-products, toxic motor fluids, grease and other kitchen waste,
paint, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
and industrial, municipal, construction, and agricultural waste discharge into
water.
Premises: Any building, lot, parcel, real estate, or land or portion of land,
whether improved or unimproved, including adjacent sidewalks and parking
strips.
Stormwater: stormwater runoff, snow melt runoff, and surface runoff and
drainage.
Stormwater Pollution Control Program (SPCP): A pollution control program
implemented by the Town of Danville in order to comply with National
Pollutant Discharge Elimination System requirements.
Page 2 of Ordinance No. 94-19
m.
Town Stormwater Collection System: Those facilities within the Town by
which stormwater may be conveyed to the waters of the United States,
including flood control channels, any roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains,
stormwater conveyance system or storm sewer system, which are not part of
a Publicly Owned Treatment Works (POTW) as defined at 40 Code of Federal
Regulations, Section 122.2.
n.
Unauthorized Discharge: Any discharge to the Town stormwater collection
system that is not composed entirely of stormwater except discharges pursuant
to a NPDES permit, discharges resulting from fire fighting activities, and
discharges further exempted at Section 32-141o6 of this chapter.
32-141.3 Responsibility for Administration°
This Chapter shall be administered for the Town by the City Engineer.
32-141.4 Construction and Application.
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 NPDES Permit No. CA0029912/0083313 and any amendment,
revision or reissuance thereof.
32- 141.5 Severability and Application=
If any portion of this chapter is declared invalid, the remaining portions of this chapter are
to be considered valid.
Division 2.
Discharge Regulations and Requirements
32-141.6 Discharge of Non-stormwater.
a.
Prohibition. Non-stormwater discharges to the Town stormwater collection
system are prohibited.
b.
Exceptions to Discharge Prohibition. The following discharges are exempt
from the prohibition set forth in Section 32-141.6a above.
(1)
The prohibition of discharges shall not apply to any discharge regulated
under a National Pollutant Discharge Elimination System (NPDES)
permit issued to the discharger and administered by the State of
California under the 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. In such cases, the discharger shall supply written
verification of such authority to the Town prior to discharging.
Page 3 of Ordinance No. 94-19
(2)
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 water, uncontaminated groundwater 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 washing,
non-commercial or community car washes or fund raisers, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges
or over flow pool drainage systems or flows from fire fighting.
32-141.7 Discharge in Violation of Permit.
Any discharge that would result in or contribute to a violation of NPDES Permit
No. CA0029912/0083313 (Note: these permits are available for viewing at the Town Offices,
510 La Gonda Way, Danville, California) 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 Town in any administrative or judicial enforcement action relating to such discharge.
32-141.8 Unauthorized Discharge and Connections.
No person shall establish, use, maintain, or continue unauthorized drainage connections or
discharges to the Town stormwater collection 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.
32-141.9 Reduction of Pollutants in Stormwater.
Any person engaged in activities which will or may result in pollutants entering the Town
stormwater collection system shall undertake all practicable measures to reduce such
pollutants. Examples of such activities include, without limitation, ownership and use of
facilities which may be a source of pollutants such as parking lots, gasoline stations,
industrial facilities and stores fronting streets. The following minimum requirements shall
apply.
a.
Littering. 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, other
drainage structures or other stormwater collection systems, business place, or
upon any public or private plot of land in the Town, so that the same might
be or become a pollutant, except that which is in proper containers or lawfully
established waste disposal facilities.
Page 4 of Ordinance No. 94-19
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d.
The occupant or tenant, or in the absence of occupant or tenant, the owner or
proprietor of any real property in the Town 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 blown
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.
No person shall throw or deposit litter in any fountain, pond, lake, natural
stormwater runoff channel, stream, or any other body of water in a park or
elsewhere within the Town.
Standard for Parking Lots, Similar Structures and Related Stormwater
Collection Systems. Persons owning or operating a paved parking lot, gas
station pavement, paved private street or road, similar structures or related
stormwater collection systems, shall clean those structures as frequently and
thoroughly as practicable in a manner that does not result in discharge of
pollutants to the Town stormwater collection system.
Best Management Practices for New Developments and Redevelopments. All
construction contractors performing work in the Town shall conform to the
requirements of the "Best Management Practices (BMPs) for Construction Sites
and New Development" required by the Town. As a minimum, such
conformance shall include provision of filter materials placed to preclude an
increase in debris and sediments entering the stormwater collection system
over "non-project" conditions. The City Engineer may establish controls on the
volume, rate and time of discharge of stormwater runoff from new
developments and redevelopments as may be appropriate to minimize the
discharge and transport of pollutants.
Notification of Intent and Compliance with General 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 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.
Each discharger identified in an individual NPDES permit relating to
stormwater discharges shall comply with and undertake all activities required
by such permit.
Page 5 of Ordinance No. 94-19
e.
Compliance with Best Management Practices. Where best management
practices guidelines or requirements have been adopted by the Federal
government, State of California, regional agency and/or the Town, for any
activity, operation, or facility which may cause or contribute to stormwater
pollution or contamination, unauthorized discharges, and/or discharges of
non-stormwater to the stormwater collection 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 City
Engineer.
f.
Stormwater Pollution Prevention Plan. The City Engineer may require any
business in the Town that is engaged in activities which may result in
unauthorized discharges to develop and implement a Stormwater Pollution
Prevention Plan, which must include an Employee Training Program. Business
activities which may require a Stormwater Pollution Prevention Plan include
maintenance, storage, manufacturing, assembly, equipment operations, vehicle
loading or fueling, or cleanup procedures which are carried out partially or
wholly out of doors.
g.
Coordination with Hazardous Materials Release Response Plans and Inventory.
Any business subject to the Hazardous Materials Release Response and
Inventory Plan, Chapter 6.95 of the California Health and Safety Code, shall
include in that Plan provision for compliance with this Chapter, including the
prohibitions on non-stormwater discharges and illicit discharges, and the
requirement to reduce release of pollutants to the maximum extent practicable.
Division 3.
Inspection and Enforcement
32-141.10 Authority to Inspect.
Whenever necessary to make an inspection to enforce any of the provisions of this Chapter,
the authorized enforcement officer may enter such building or premises after complying
with all applicable provisions of law.
a0
Authority to Sample and Establish Sampling Devices. With the consent of the
owner or occupant or pursuant to an inspection warrant, any authorized
enforcement officer may establish on any property such devices as are
necessary to conduct sampling or metering operations. During all inspections
as provided herein, the officer may take any samples deemed necessary to aid
in the pursuit of the inquiry or in the recordation of the activities on-site.
b.
Notification of Spills. All persons in charge of a facility or responsible for
emergency response for a facility have a personal responsibility to train facility
personnel and maintain notification procedures to assure immediate
notification is provided to the Town of any suspected, confirmed or
unconfirmed release of material, pollutants or waste that be potentially create
a risk of discharge into the Town stormwater collection system.
Page 6 of Ordinance No. 94-19
As soon as al person in charge of a facility or i ponsible for emergency
response for a facility or has knowledge of any suspected, confirmed or
unconfirmed release of materials, pollutants or waste which may result in
pollutants or non-stormwater discharge entering the Town stormwater
collection system, such person shall take all necessary steps to ensure the
discovery and containment and clean up of such release and shall notify the
Town of the occurrences by telephoning and confirming the notification by
correspondence to the City Engineer.
C.
Requirement to Test or Monitoro Any authorized enforcement officer may
require that any person engaged in any activity and/or owning or operating
any facility which may cause or contribute to stormwater pollution or
contamination, unauthorized discharges, and/or discharge of non-stormwater
to stormwater collection system, undertake such monitoring activities and/or
analysis and furnish such reports as the officer may specify. The burden,
including costs, of these activities, analysis and reports shall bear a reasonable
relationship to the need for the monitoring, analysis and reports and the
benefits to be obtained. The recipient of such request shall undertake and
provide the monitoring, analysis and reports required.
32-141.11 Violations Constituting Misdemeanors.
Unless otherwise specified by this chapter, 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, at the discretion of the
authorized enforcement officer may be charged and prosecuted as an infraction.
32-141.12 Continuing Violation.
Unless otherwise provided, a person, firm, corporation or organization shall be deemed
guilty of a separate offense for each and every day during any portion of which a violation
of this Chapter is committed, continued or permitted by the person, firm, corporation or
organization and shall be punishable accordingly as herein provided.
32-141.13 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this
Chapter shall constitute a violation of such provision.
32-141.14 Violations Deemed a Public Nuisance.
In addition to the penalties hereinbefore provided, any condition caused or permitted to
exist in violation of any of the provisions of this Chapter is a threat to the public health,
safety and welfare, is declared and deemed a nuisance, may be abated and/or restored by
any means authorized by law.
In any administrative or civil proceeding under this Chapter in which the Town prevails, the
Town shall be awarded all costs of investigation, administrative overhead, out-of-pocket
expenses, costs of administrative hearings, costs of suit and reasonable attorney fees.
Page 7 of Ordinance No. 94-19
32-141.15 California Code of Civil Procedure Section 1094.6.
The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable
to judicial review of Town decisions pursuant to this Chapter.
32-141.16 Civil Actions.
In addition to any other remedies provided in this section, any violation of this section may
be enforced by civil action brought by the Town. In any such action, the Town may seek,
and the Court shall grant, as appropriate, any or all of the following remedies:
a. A temporary and/or permanent injunction.
b~
Reimbursement of the costs of any investigation, inspection, or monitoring
survey which led to the establishment of the violation, and for the reasonable
costs of preparing and bringing legal action under this subsection.
C.
Costs incurred in removing, correcting, or terminating the adverse effect
resulting from the violation.
d.
Compensatory damages for loss or destruction to water quality, wildlife, fish
and aquatic life. Costs and damages under this subsection shall be paid to the
Town to be used exclusively for costs associated with monitoring and
establishing stormwater discharge pollution control system and/or
implementing or enforcing the provisions of this chapter.
32-141.17 Administrative Enforcement Powerso
In addition to the other enforcement powers and remedies established by this chapter, any
authorized enforcement officer has the authority to utilize the following administrative
remedies. The authorized enforcement officer will exercise all administrative remedies for
enforcement of this ordinance prior to issuing a citation or requiring a facility in violation
with this ordinance to connect to the sanitary sewer.
a.
Cease and Desist Orders. When an authorized enforcement officer finds that
a discharge has taken place or is likely to take place in violation of this
Chapter, the officer 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 officer finds oil, earth,
dirt, grass/weed clippings, dead trees, tin cans, rubbish, refuse, waste or any
other material of any kind, in or upon the sidewalk, creek, drainage way or
other property abutting or adjoining the subject parcel of land, or upon any
parcel of land or grounds, which may result in an increase in pollutants
entering the Town stormwater collection system or non-stormwater discharge
Page 8 of Ordinance No. 94-19
to the Town rm drain system, notice may be zn to remove such oil,
earth, dirt, grass, weeds, dead trees, tin cans, rub~bish, refuse, waste or any
other material, in any reasonable manner. The recipient of such notice shall
undertake the activities as described in the notice.
Go
Notice to Connect to Sanitary Sewer. In the event the owner or operator of a
facility repeatedly violates the provisions of this chapter, the City Engineer may,
depending on the severity of the offense, give notice to require the owner of
the property or facility to connect the illicit discharge to the sanitary sewer.
32-141.18 Authority to Arrest or Issue Citations.
Authorized enforcement officers shall have and are hereby vested with the authority to arrest
or cite and release any person who violates any Section of this Code in the manner provided
by the California Penal Code for the arrest or release on citations of misdemeanors or
infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or
as the same may be hereinafter amended).
Such authorized enforcement officers 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 Town
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.
32-141.19 Remedies Not Exclusive.
Remedies under this Article 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.
Division 4.
Appeal Procedures
32-141.20 Appeal.
Any decision of the authorized enforcement officer may be appealed within ten (10) days of
the effective date of the decision by submitting the appeal in writing to the City Engineer in
conformance with the procedures set forth in Chapter 1, Section 1-8 Appeals, of the Danville
Municipal Code.
Division 5.
Coordination with Other Programs
32-141.21 Coordination with Hazardous Materials Inventory and Response Program.
The first revision of the business plan for any facility subject to the Town'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 stormwater pollutants to the maximum extent practicable.
Page 9 of Ordinance No. 94-19
SECTION 2.
PUBLICATION.
The City Clerk shall either a) have this Ordinance published once within 15 days after
adoption in a newspaper of general circulation or b) have a summary of this ordinance
published twice in a newspaper of general circulation once five days before its adoption and
again within 15 days after adoption.
SECTION 3. EFFECTIVE DATE.
This Ordinance becomes effective 30 days after its adoption~
SECTION 4.
CODIFICATION.
Section One shall be codified in the Danville Municipal Code. Sections Two, Three and Four
shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was first read and introduced on September 20, 1994 and approved
and adopted by the Danville Town Council at a Regular Meeting held on Tuesday,
g _,4006 4;, tqqq by the following vote:
AYES: Ritchey, Greenberg,
NOES: None
ABSTAIN: None
ABSENT: Doyle
APPROVED AS TO FORM:
Shimansky, Waldo
ATTEST:
//CITY ATTORNEY
CITY CLERK
Page 10 of Ordinance No. 94-19