HomeMy WebLinkAbout2013-03ORDINANCE NO. 2013-03
REPEALING THE EXISTING CHAPTER 20 OF THE DANVILLE MUNICIPAL
CODE AND ADDING A NEW CHAPTER 20 RELATING TO STORMWATER
MANAGEMENT AND DISCHARGE CONTROL
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING CHAPTER 20 OF THE DANVILLE
MUNICIPAL CODE.
The existing Chapter 20 of the Danville Municipal Code is repealed in its entirety.
SECTION 2. ADDING A NEW CHAPTER 20 TO THE DANVILLE MUNICIPAL
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A new Chapter 20 is hereby added to the Danville Municipal Code to read as follows:
CHAPTER 20
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
GENERAL PROVISIONS
20 -1.1 Intent and Purpose.
(a) The intent of this chapter is to protect and enhance the water quality in the Town of
Danville's watercourses pursuant to, and consistent with, the Porter - Cologne Water
Quality Control Act (Water Code section 13000 et seq.) and the Federal Clean Water Act
(33 U.S.C. section 1251 et seq.).
(b) This chapter also carries out the conditions in the Town's National Pollutant
Discharge Elimination System (NPDES) permit that require implementation of
appropriate source control and site design measures and stormwater treatment
measures for development projects.
(c) It is the purpose of the Town Council in enacting this chapter to protect the health,
safety and general welfare of the Town of Danville's citizens by:
(1) minimizing non - stormwater discharges, whose pollutants would otherwise
degrade the water quality of local streams, to the stormwater system.
(2) minimizing increases in nonpoint source pollution caused by stormwater
runoff from development that would otherwise degrade local water quality.
(3) controlling the discharge to the Town's stormwater system from spills,
dumping or disposal of materials other than stormwater.
(4) reducing stormwater run -off rates and volumes and nonpoint source
pollution whenever possible, through stormwater management controls and
ensuring that these management controls are properly maintained and pose no
threat to public safety.
20 -1.2 Definitions. The following words and phrases when used in this chapter shall
be as defined herein. Words and phrases in this chapter and not otherwise defined
shall be interpreted as defined in the regulations issued by the U.S. Environmental
Protection Agency to implement the provisions of the Federal Clean Water Act, and as
defined by the State Water Resources Control Board to implement the Porter - Cologne
Act:
(a) Best management practices or "BMP" are structural devices, measures, stormwater
management facilities, activities, prohibitions, or practices; general good housekeeping,
pollution prevention practices, maintenance procedures, and other management
practices, to prevent or reduce the discharge of pollutants directly or indirectly to
watercourses, water bodies, and wetlands.
(b) Town's NPDES permit shall mean the NPDES permit issued to the Town of Danville,
Permit No. CAS612008 and any subsequent amendment, reissuance or successor to this
NPDES permit.
(c) Development runoff requirements shall mean the provisions in the Town's NPDES
permit that contain performance standards to address both the construction and post -
construction phase impacts of new projects and redeveloped projects on stormwater
quality.
(d) Director shall mean the City Engineer of the Town of Danville or his or her designee.
(e) Enforcement officer or Officer shall mean those individuals designated by the Director
to act as authorized enforcement officers.
(f) Guidebook shall mean the most recent version of the Contra Costa Clean Water
Program Stormwater C.3. Guidebook.
(g) Non- stormwater discharge is any addition of any pollutant to the Town's stormwater
system, except discharges pursuant to a NPDES permit, or discharges further exempted
in Section 20- 1.6(c) and (d) of this chapter.
(h) Pollutant shall mean any material other than stormwater including, but not limited
to, petroleum products or by- products, solid waste, incinerator residue, sewage, sewage
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sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or
discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste
discharged into the water or stormwater system.
(i) Premises shall mean any building, structure, facility, or installation, (including a
building's grounds or other appurtenances), and adjacent sidewalks and parking strips.
(j) Responsible person shall mean the owner or occupant of any premises or any person
who engages in any activity from which there is or may be a non - stormwater discharge
or any person who releases pollutants to the Town's stormwater system.
(k) Stormzoater shall mean flow on the surface of the ground resulting from
precipitation.
(1) Stormzoater control plan shall mean a plan that meets those criteria contained in the
most recent version of the Contra Costa Clean Water Program Stormwater C.3.
Guidebook.
(m) Stormzoater management facility shall mean any device that utilizes detention,
retention, filtration, harvest for reuse, evapotranspiration or infiltration to provide
treatment (and /or control volume, flows, and durations) of stormwater for purposes of
compliance with development runoff requirements.
(n) Stormwter system is that system of facilities by which stormwater may be conveyed
to any stream, watercourse, other body of water or wetlands, including flood control
channels, any roads with drainage systems, town streets, catch basins, curbs, gutters,
ditches, improved channels, storm drains or storm drain system, which are not part of a
Publicly Owned Treatment Works ( "POTW ") as that term is defined in 40 CFR section
122.2.
20 -1.3 Responsibility for Administration. The Director or his designee shall
administer this chapter for the Town.
20 -1.4 Construction and Application. This chapter shall be construed consistent with
the requirements of the Federal Clean Water Act and amendments thereto or applicable
implementing regulations and the Town's NPDES permit.
20 -1.5 Stormwater Control Plan Required.
(a) In accordance with thresholds and effective dates in the Town's NPDES Permit,
every application for a development project, including but not limited to a rezoning,
tentative map, parcel map, conditional use permit, variance, site development permit,
design review, or building permit that is subject to the development runoff
requirements in the Town's NPDES permit shall be accompanied by a Preliminary
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Stormwater Control Plan that meets the criteria in the most recent version of the Contra
Costa Clean Water Program Stormwater C.3. Guidebook.
(b) In order to implement the approved Stormwater Control Plan, a Final Stormwater
Control Plan, Operation and Maintenance Agreement and Plan shall be submitted by
the applicant per the approved project Conditions of Approval and as a condition
precedent to the issuance of a certificate of occupancy for a project subject to this
section.
(c) All stormwater management facilities shall be designed in a manner to minimize the
need for maintenance and reduce the chances of failure. Design guidelines are outlined
in the Guidebook.
(d) All stormwater management facilities shall be maintained according to the
Guidebook and the approved stormwater control operation and maintenance plan. The
person(s) or organization(s) responsible for maintenance shall be designated in the
stormwater control operation and maintenance plan. Unless a different time period is
provided for in the plan, those responsible for maintenance shall inspect the stormwater
management facility at least annually. The stormwater operation and maintenance plan
shall also describe how the maintenance costs will be funded. Upon the failure of a
responsible person to maintain a stormwater management facility in accordance with
this chapter or the plan, the Town may perform the maintenance and recover its costs
from the responsible person as provided in sections 20 -1.16 and 20 -1.17 of this chapter.
(e) For access to stormwater management facilities for inspections and maintenance,
recorded covenants or easements shall be provided by the property owner for access by
the Town, the Contra Costa Mosquito and Vector Control District, and the Regional
Water Quality Control Board.
DISCHARGE REGULATIONS AND REQUIREMENTS
20 -1.6 Prohibited Discharges.
(a) The release of non - stormwater discharges to the Town stormwater system is
prohibited.
(b) The discharge of stormwater from premises or an activity that causes or contributes
to a violation of receiving water limitations in the Town's NPDES permit is prohibited.
(c) The following discharges are exempt from the prohibition set forth in subsection (a)
above:
(1) any discharge in compliance with a NPDES permit issued to the discharger.
(2) flows from riparian habitats and wetlands, diverted stream flows, flows from
natural springs, rising ground waters, uncontaminated and unpolluted groundwater
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infiltration, single- family homes' pumped groundwater from foundation drains and
water from crawl space pumps and footing drains, and pumped groundwater from
drinking water aquifers.
(d) The following discharges are exempt from the prohibition set forth in subsection (a)
above if and only if the discharges are in accordance with conditions including but not
limited to specific conditions for each type of discharge set forth in Section C.15 of the
Town's NPDES permit: pumped groundwater from non - drinking -water aquifers;
pumped groundwater from other non - residential sources, foundation drains, and water
from crawl space pumps and footing drains; air conditioning condensate; planned
discharges from routine operation and maintenance activities in the potable water
distribution system; unplanned discharges from breaks, leaks, overflows, fire hydrant
shearing, or emergency flushing of the potable water distribution system; emergency
discharges of the potable water distribution system as a result of firefighting,
unauthorized hydrant openings, or natural or man -made disasters; individual
residential car washing; swimming pool, hot tub, spa, and fountain water discharges,
and discharges from irrigation water, landscape irrigation, and lawn or garden
watering.
20 -1.7 Discharge in Violation of NPDES Permit. Any discharge that would result in
or contribute to a violation of the Town's NPDES permit either separately considered or
when combined with other discharges, is prohibited. Liability for any such discharge
shall be the responsibility of the person causing or responsible for the discharge, and
such person shall defend, indemnify and hold harmless the Town in any administrative
or judicial enforcement action relating to such discharge.
20 -1.8 Unlawful Discharge and Unlawful Connections.
(a) It is unlawful to establish, use, maintain or continue unauthorized drainage
connections to the Town's stormwater system, and to commence or continue any
unauthorized discharges to the Town's stormwater system.
(b) No discharge shall cause the following conditions, create a nuisance, or adversely
affect beneficial uses of waters of the State:
(1) floating, suspended or deposited macroscopic matter or foam;
(2) bottom deposits or aquatic growth;
(3) alterations of temperature, sediment load, nutrient load, or dissolved oxygen,
which cause significant adverse impacts to native aquatic biota;
(4) visible, floating, suspended or deposited oil or products of petroleum origin;
or,
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(5) substances present in concentrations or quantities which cause deleterious
effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for
human consumption.
MANAGEMENT AND STANDARD RULES
20 -1.9 Best Management Practices and Standards.
(a) Generally. Any person owning or operating premises that may contribute
pollutants to the Town's stormwater system shall undertake best management practices
to reduce the potential for pollutants entering the system to the maximum extent
practicable. Examples of such premises include, but are not limited to, parking lots,
gasoline stations, industrial facilities, and other commercial enterprises. Examples of
best management practices include, but are not limited to, those described in
publications by the United States Environmental Protection Agency, the California
Water Boards, the California Stormwater Quality Association, the Bay Area Stormwater
Management Agencies Association, the Contra Costa Clean Water Program, and, the
Town of Danville.
(b) Litter. No person shall throw, deposit, leave, keep or permit to be thrown,
deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or
abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business
place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of
water, or upon any public or private parcel of land so that the same might become a
pollutant, except in containers or in lawfully established waste disposal facilities.
(c) Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the
owner or proprietor of any real property 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 the sidewalk shall not be swept or otherwise made or allowed to go
into the gutter or roadway, but shall be disposed of in receptacles maintained as
required for the disposal of solid waste.
(d) Maintenance of Facilities and Landscaped Areas. Best Management Practices shall
be implemented to minimize the release of pesticides, fertilizers, herbicides, and other
related materials used to maintain landscaping and facilities.
(e) Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning,
operating or maintaining a paved parking lot, the paved areas of a gasoline station, a
paved private street or road, and related stormwater systems shall clean those premises
as frequently and thoroughly as practicable in a manner that does not result in the
discharge of pollutants to the Town's stormwater system. The Director may require
installation and maintenance of devices or facilities to prevent the discharge of trash or
other pollutants from private parking lots, streets, roads, and drainage facilities into the
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storm drain system. Failure or refusal to comply with such requirement is prohibited
and shall constitute a violation of this Chapter.
(f) Construction Activities. All construction projects shall incorporate site - specific
BMPs, which can be a combination of BMPs from the California BMP Handbook,
Construction, January 2003, the Caltrans Stormwater Quality Handbooks, Construction
Site Best Management Practices Manual, March 2003, the San Francisco Bay Regional
Water Quality Control Board Erosion and Sediment Control Field Manual, 2002, the
Town's grading and erosion control ordinance and other generally accepted
engineering practices for erosion control as required by the Director. The Director may
establish controls on the rate, volume, and duration of stormwater runoff from new
developments as may be appropriate to minimize the discharge and transport of
pollutants.
(g) Notification of Intent and Compliance with General Permits. Each discharger
associated with construction activity or other discharger described in any general
stormwater permit addressing 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 the Director with the notice of intent, comply with and undertake all other
activities required by any General Stormwater Permit applicable to such dischargers.
Each discharger identified in an individual NPDES permit relating to stormwater
discharges shall comply with and undertake all activities required by the permit.
(h) Development Runoff Requirements. For each new development project subject to
the development runoff requirements, every applicant will submit a stormwater control
plan and implement conditions of approval that reduce stormwater pollutant
discharges through the construction, operation and maintenance of treatment measures
and other appropriate source control and site design measures. Similarly, increases in
runoff volume, flows, and durations shall be managed in accordance with the
development runoff requirements.
(i) Stormwater Pollution Prevention Plan. The Director may require any business or
utility in the Town that is engaged in activities that may result in non - stormwater
discharges or runoff pollutants 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, fueling,
vehicle maintenance, food handling or processing, or cleanup procedures, carried out
partially or wholly out of doors.
(j) Coordination with Hazardous Material Release Response and Inventory Plans. Any
business subject to the Hazardous Material Release Response and Inventory Plan,
Division 20, chapter 6.95 of the California Health and Safety Code (commencing with
section 25500), shall include, in that Plan, provision for compliance with this chapter,
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including the prohibitions of non - stormwater discharges and the requirement to reduce
release of pollutants to the maximum extent practicable.
INSPECTION AND ENFORCEMENT
20 -1.10 Authority to Inspect.
(a) Generally. Routine or scheduled inspections shall be based upon as reasonable a
selection process as may be deemed necessary to carry out the intent of this chapter,
including, but not limited to, random sampling or sampling in areas with evidence of
stormwater contamination, evidence of the discharge of non - stormwater to the
stormwater system, inspection of stormwater treatment and flow - control facilities for
proper operation and evidence of routine and corrective maintenance, or similar
activities. Inspections may also be conducted in conjunction with routine or scheduled
inspections conducted by other public agencies or special districts, including but not
limited to the Central Contra Costa Sanitary District, the San Ramon Valley Fire
Protection District, Contra Costa County Environmental Health Department, the Contra
Costa Mosquito and Vector Control District, or the Regional Water Quality Control
Board. The Town Council may by resolution establish a schedule of fees for inspections.
(b) Authority to Sample and Establish Sampling Devices. With the consent of the
owner or occupant, or pursuant to a search or inspection warrant, any Officer may
establish on any property such devices as are reasonably necessary to conduct sampling
or metering operations. During all authorized inspections, the Officer may take any
sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the
activities on site.
(c) Notification of Spills. All persons in charge of the premises or responsible for
emergency response for the premises have a responsibility to train premises' personnel
and maintain notification procedures to ensure that immediate notification is provided
to the Town of Danville any suspected, confirmed or unconfirmed release of pollutants
creating a risk of non - stormwater discharge into the Town stormwater system.
As soon as any person in charge of the premises or responsible for emergency response
for the premises has knowledge of any suspected, confirmed or unconfirmed release of
non - stormwater discharge entering the Town stormwater system, such person shall
take all necessary steps to ensure the detection and containment and clean up of such
release and shall notify the Town of Danville the occurrence by telephoning the
Director. This notification requirement is in addition to and not in lieu of other
required notifications.
(d) Requirement to Test or Monitor. Any Officer may require that any person engaged
in any activity or owning or operating any premises that may cause or contribute to
non - stormwater discharges, undertake such monitoring activities 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
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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.
20 -1.11 Violations
(a) The violation of any provision of this chapter, or failure to comply with any of the
mandatory requirements of this article shall constitute a misdemeanor, except that
notwithstanding any other provisions of this article, any violation constituting a
misdemeanor under this chapter may, at the discretion of the Officer or City Attorney,
be charged and prosecuted as an infraction.
(b) Any person required to perform monitoring, analysis, reporting or corrective
activity pursuant to this Chapter by any Officer may be informed of such decision, in
writing, by a notice of violation. Any person aggrieved by the decision of the Officer,
may file a written appeal of the notice of violation to the Director within 10 (ten) days
following the date of the notice of violation. Upon receipt of such request, the Director
shall request a report and recommendation from the Officer and shall set the matter for
hearing at the earliest practical date. At said hearing, all evidence and testimony
deemed relevant and admissible by the Director shall be considered, and the Director
may reject, affirm, or modify the Officer's decision. Formal rules of evidence shall not
apply. The decisions of the Director shall be final. Failure to request a hearing or appear
at the hearing shall constitute a waiver and failure to exhaust administrative remedies.
(c) In addition to the penalties and procedures provided herein, 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. Such condition is hereby declared and deemed to be a
nuisance, which may be abated as provided in Section 1 -6 of this Code including the
assessment of the costs of abatement which may be collected at the same time and in the
same manner as ordinary municipal taxes as provided by Government Code section
38773.5, and by civil action to abate, enjoin or otherwise compel the cessation of such
nuisance by the Town Attorney.
20 -1.12 Penalty for Violation.
(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.
20 -1.13 Continuing Violation.
Every day that any violation of this chapter shall continue shall constitute a separate
offense.
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20 -1.14 Concealment.
Concealing, aiding or abetting a violation of any provision of this chapter shall
constitute a violation of such provision.
20 -1.15 Acts Potentially Resulting in Violation of the Federal Clean Water Act or
Porter - Cologne Act.
Any person who violates any provision of this chapter, or the provisions of any permit
issued pursuant to this chapter, or who releases a non - stormwater discharge, or who
violates any cease and desist order, prohibition or effluent limitation, may also be in
violation of the Federal Clean Water Act or the Porter - Cologne Act and may be subject
to the enforcement provisions of those acts, including civil and criminal penalties. Any
enforcement actions authorized pursuant to this chapter may also include notice to the
violator of such potential liability pursuant to federal or state law.
20 -1.16 Civil Actions.
(a) In addition to any other remedies provided in this chapter, any violation of this
chapter may be enforced by civil action brought by the Town. In any such action, the
Town may seek, as appropriate, any and all of the following remedies:
(1) a temporary restraining order, preliminary injunction and permanent
injunction;
(2) an action for an unlawful business practice pursuant to Business and
Professions Code section 17206;
(b) In addition any person violating this chapter shall be liable for:
(1) reimbursement for the costs of any investigation, inspection or monitoring
which led to the discovery of the violation;
(2) costs incurred in removing, correcting, or terminating the adverse effect(s)
resulting from the violation;
(3) compensatory damages for the loss of, or destruction to, water quality,
wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to
the Town and shall be used exclusively for costs associated with monitoring and
establishing a stormwater discharge pollution control system and implementing or
enforcing the provisions of this chapter;
(4) the cost of maintenance and repair of any BMP or stormwater management
facility that is not maintained in accordance with the guidebook or the stormwater
control plan;
(5) the reasonable costs of preparing and bringing administrative action under
this chapter.
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20 -1.17 Remedies Not Exclusive.
The remedies identified in this chapter are in addition to, and do not supersede or limit,
any and all other remedies, administrative, civil or criminal, including, but not limited
to, the administrative citiation process provided for in Section 1 -5.5 of this Code. The
remedies provided for herein shall be cumulative and not exclusive.
20 -1.18 Judicial Review.
The provisions of Code of Civil Procedure section 1094.5 are applicable to judicial
review of determinations made by the Director pursuant to this chapter.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
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The foregoing ordinance was introduced on October 15, 2013 and approved and
adopted by the Danville Town Council at a regular meeting held on November 5, 2013,
by the following vote:
AYES Arnerich, Storer, Doyle, Morgan, Stepper
NOES:
None
ABSTAIN:
None
ABSENT:
None
APPROVED AS TO FORM:
e l - � 4 �e,3 ��
CITY ATTORNEY
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2013 -03 of said Town and that said
ordinance was published according to la
Dated: /l / 2
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