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HomeMy WebLinkAboutOrdinance 1672 (Stormwater Mgmt & Discharge Control)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Ordinance No. 1672 entitled: "AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM" was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 5th day of DECEMBER, 1994, a summary of Ordinance No. 1672 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael, and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 19th day of DECEMBER, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 20th day of DECEMBER, 1994. JEANgt M. LEONCINI, Ci`tyCl`erk ORDINANCE NO. 1672 AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM WHEREAS, the 1987 Amendments to the Federal Clean Water Act, as implemented by Environmental Protection Agency regulations adopted November 16, 1990, require the adoption of plans and programs for storm water management meeting specified criteria; and WHEREAS, Section 402(p) of the Clean Water Act (33 U.S.C. 1251 et seq.), as amended by the Water Quality Act of 1987, requires that all large and medium sized incorporated municipalities, and those municipalities that, as the State determines, contribute to a violation of a water quality standard or are significant contributors of pollutants to waters of the United States, must: (a) "effectively" prohibit non -storm water discharges into the storm drain system; and (b) require controls to reduce the discharge of pollutants from storm water systems to waters of the United States to the maximum extent practicable ("MEP"); and WHEREAS, the City of San Rafael seeks to comply with all provisions of State and Federal law;.and WHEREAS, the California Regional Water Quality Control Board, San Francisco Bay Region, has included in its Water Quality Control Plan for the San Francisco Bay Basin ("Basin Plan") , specific urban runoff pollution prevention measures to be implemented by the City of San Rafael; and WHEREAS, in order to implement the Federal regulatory requirements described above, the City of San Rafael participates in countywide urban runoff pollution prevention efforts through the Marin Street Light Acquisition Joint Powers Authority (MSLAJPA); and WHEREAS, the MSLAJPA, acting on behalf of Marin 'County's municipalities, including the County of Marin, directed preparation of a Baseline Urban Runoff Control Plan, including specific measures to be implemented by the municipalities of Marin County; 1 ORIGINAL and WHEREAS, the implementation of pollutant control measures described in the Basin Plan and in the Baseline Urban Runoff Control Plan in furtherance of these purposes is exempt from the provisions of the California Environmental Quality Act (CEQA), Chapter 3 (commencing i•:ith Section 21100) of Division 13 of the Public Resources Code as provided in categorical exemption classes 1, 4, 5, 7, 8, 9, and/or 21 of the CEQA Guidelines (Title 14, California Code of Regulations Sections 15301-15329); and WHEREAS, this ordinance has been duly processed with proper public notice and applicable environmental review; and WHEREAS, the City Council of the City of San Rafael has conducted legally noticed public hearings and has provided all interested parties an opportunity to be heard on these issues; and WHEREAS, the City Council of the City of San Rafael has considered the Baseline Urban Runoff Control Plan and finds that said Baseline Urban Runoff Control Plan complies with the requirements of applicable Federal and state law, and further that said Program contributes to the comprehensiveness of the City of San Rafael's General Plan and provides an acceptable plan for the conservation of water resources within the City of San Rafael and protection of the health, safety and general welfare of its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Chapter 9.30, entitled "Urban Runoff Pollution Prevention" is hereby adopted and added to Title 9 of the Municipal Code of the City of San Rafael, to read as follows: CHAPTER 9.30 URBAN RUNOFF POLLUTION PREVENTION 9.30.010 Title. . This Chapter shall be known as the "City of San Rafael Urban Runoff Pollution Prevention Ordinance" and may be so cited. 9.30.020 Purpose and Intent. The purpose of this Chapter is to ensure the future health, 2 safety, and general welfare of the citizens of the City of San Rafael by: (a) minimizing discharges other than storm water runoff to storm drains or watercourses; (b) controlling the discharge to storm drains or watercourses from spills, dumping or disposal of materials other than rain water; and (c) reducing pollutants in storm water discharges to the maximum extent practicable. The intent of this Chapter is to protect and enhance the water quality of the State's, and the Nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act. (33 U.S.C. §1251 et seq.) 9.30.030 Definitions. A. As used in this Chapter, any terms defined in the Federal Clean Water Act (33 U.S.C. §1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), shall have the same meaning as in said Act or regulations. Such terms include, but -are not limited to, the following: 1. -- Dischartxe. (a) any addition of any pollutant to navigable waters from any point source, or (b) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. 2. -- Illicit Discharae. Any discharge to the City storm drain system that is not composed entirely'of storm water except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit and discharges resulting from fire fighting activities. 3. -- Illicit Connection. Any device or method which conveys non-stormwater discharge. 4. -- Pollutant. Dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical 3 wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. 5. -- Storm Water or Storm Runoff., Storm water runoff, snow melt 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., The following City officials shall be "authorized enforcement officials" for purposes of this Chapter: City Manager, Director of Public Works, Fire Chief or their designees; Storm Water Program Manager, fire marshal, fire prevention bureau inspectors, code enforcement officer, health officer, and those officials designated in Chapter 2.36 of the San Rafael Municipal Code. 2. -- Best maraaement 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 States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage. 3. -- City. The City of San Rafael, a municipal corporation, situated in Marin County, California. 4. -- Storm Drains. Includes but is not limited to those stormwater drainage conveyance facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, culverts, ditches, man-made channels or storm drains, which are not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2, or successor regulation. 5. -- Non -Storm Water Discharae. Any discharge that is not entirely composed of storm water. 4 6. -- Premises. Any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. 9.30.040 Responsibility for Administration., This Chapter shall be administered for the City by the Director of Public Works, or his designee. 9.30.050 Construction and Application. This Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act (33 U.S.C. §1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the Basin Plan and any amendments, revisions or reissuance thereof. 9.30.060 Discharae of Pollutants Prohibited., The discharge of non -storm water discharges to the City's storm drain system is prohibited. All discharges of material other than storm water must be in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued for the discharge. 9.30.070 Exceptions to Discharae Prohibition. The following discharges are exempt from the prohibition set forth in Section 9.30.060, above: A. Any discharge regulated under a 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 all other applicable laws and regulations. B. Properly managed discharges from the following activities: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, flows from fire fighting, or 5 permitted use of reclaimed water. 9.30.080 Discharge in Violation of Permit., In the future, the California Regional Water Quality Control Board, San Francisco Bay Region (herein Regional Board) may issue an NPDES permit for stormwater discharges to the City of San Rafael, individually or in association with other Marin County municipalities. Any discharge that would result in or contribute to a violation .of that permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) or entities so causing or responsible for the discharge, and such persons or entities shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. 9.30.090 Illicit Discharae and Illicit Connections. The establishment, use, maintenance, or continuance of illicit connections to the City storm drains, and/or the commencement or continuance of illicit discharges to the City storm drains is prohibited. 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. 9.30.100 Reduction of Pollutants in Urban Runoff. Any person engaged in activities which will or may result in pollutants entering the City storm drains shall undertake all practicable measures to cease such activities and to eliminate or reduce such pollutants. Such activities shall include, but not be limited to ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, and stores fronting City streets. 9.30.110 Litterina. Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall throw, R 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 or other premises in the City, so that the same might be or become a pollutant discharged to water. 9.30.120 Maintenance of Sidewalks., The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any premises in the City of San Rafael in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the recycling or disposal of garbage. This requirement shall be in addition to and shall not replace the obligation of an adjacent landowner pursuant to the City's sidewalk ordinance, Chapter 11.05 of this code. 9.30.130 Standard for Parking Lots and Similar Structures. Persons owning or operating' a parking lot, gas station area of pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system. 9.30.140 Best Manaqement Practices for New Developments and Redevelopments. Any construction contractor performing work in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment, or any other pollutants, from entering the storm drain system. 9.30.150 Erosion and Sedimentation Control. All construction plans and applications for building permits shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls. Appropriate controls shall be determined 7 in accordance with the guidance provided in the "Standards for Erosion and Sedimentation Control" and the "Erosion and Sedimentation Control Handbook" published by the Association of Bay Area Governments (ABAG), and may include site planning considerations, construction staging and timing, and installation of temporary detention ponds or other treatment facilities. Prior to and/or during construction, the Director of Public Works shall establish controls on the volume and rate of storm water runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume. These controls may include provisions for detention and retention of runoff on-site and/or limitations on impervious area. The Director of Public Works shall require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by state and federal agencies. 9.30.160 Notification of Intent and Compliance with Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall provide notice of intent, shall comply with, and shall undertake all other activities required by any general storm water permit applicable to such discharges. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. 9.30.170 Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any Federal, State of California, regional, and/or local agency, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non -storm water to the storm drain 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 Director of Public Works. 9.30.180 Watercourse Protection. Every person owning, occupying, leasing, renting, or in control of premises through which a watercourse passes, shall: 1) Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute, contaminate, or significantly retard the flow of water through the watercourse; 2) Maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and 3) Not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. 9.30.190 Watercourses: Prohibited Actions. No person shall commit or. cause .to be committed any of the following acts, unless a written permit has first been obtained from the [Director of Public Works]: A. Discharge into or connect any pipe or channel to a watercourse; B. Modify the natural flow of water in a watercourse; C. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance; D. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or E. Place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm waters passing through such watercourse. It The provisions of sections 9.30.180 and 9.30.190 shall be cumulative of all provisions of chapters 11.30 and 15.40 of the San Rafael Municipal Code. 9.30.200 Violations Constitute a Public Nuisance; Abatement; Restoration. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter, constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the City Attorney. 9.30.210 Abatement Procedure; Costs; Lien. The abatement of any public nuisance under this Chapter shall follow the abatement procedures as set forth in Chapters 1.16 and 1.20 of the San Rafael Municipal Code. The cost of such abatement and/or restoration of the property to its original condition, shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of State law and this Code. Administrative costs may also be recovered pursuant to the provisions of Chapter 2.50 of the San Rafael Municipal Code. 9.30.220 Inspections: Authoritv and Procedure. A. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this Chapter. The authorized enforcement official may, within the limitations of law, enter such building or premises at reasonable times to inspect for violations of this Chapter or to perform any duty imposed upon the official by this Chapter, provided that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law. 10 9.30.230 Samolinct: Authoritv and Procedure., A. Routine Sampling: The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be born by the local agency. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations, provided that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law. B. Required Sampling: Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to storm water pollution or contamination, illicit discharges, and/or the discharge of non - storm water or other unlawful material, to the storm drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be born by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official. 9.30.240 Summary Action; Exiqent Circumstances. Whenever a condition is found to exist in violation of this Chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including but not limited to, 11 entry upon private premises for inspection, sampling and monitoring, and abatement. 9.30.250 Violations: Misdemeanors or Infractions; Punishment. 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 provision of this Chapter, any such violation of this Chapter may, in the discretion of the enforcement authority, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Government Code section 36901. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code section 36900. 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 allowed by the person, firm, corporation or organization, and shall be punishable accordingly. 9.30.260 Violations: Civil Action for Enforcement. The violation of any provision of this Chapter, or the failure to comply with any of the requirements of this Chapter, may be enforced by a civil action brought by the City Attorney in any court having appropriate jurisdiction. In any such action, the City may seek any or all of the following remedies: 1) A temporary or permanent injunction. 2) Costs of investigation, inspection, sampling, or monitoring activities concerning the violation, and costs of suit. 3) Costs of restoration of the premises from its condition resulting from the violations back to its original condition. 4) Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be used exclusively for costs of sampling and monitoring, of establishing storm water discharge Pollution control systems, and of implementing and/or enforcing the 12 provisions of this Chapter. 9.30.270 Violations: Administrative Enforcement Action.. In addition to any other enforcement powers and/or remedies provided in this Chapter, an authorized enforcement_ official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this Chapter. Such order shall be directed to those persons in violation of the Chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator's failure to comply with such order, the City may take further enforcement action as specified in this Chapter, or in accordance with any other appropriate provision of local; State or Federal law. 9.30.280 Remedies Not Exclusive. The enumerated remedies provided in this Chapter are in addition to and do not supersede or limit and all other remedies provided by law, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other. 9.30.290 Authoritv to Arrest and Issue Citations. The authorized enforcement official shall have the authority to arrest or to cite any person who violates any provision of this Chapter in the manner provided by the California Penal Code for the arrest or release on. citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the California Penal Code, including section 853.6, or as the same may be hereinafter amended. It is the intent of the City Council that the immunities provided in Penal Code section 836.5 be applicable to public officers• or employees acting within the course and scope of their employment pursuant to this Chapter. 9.30.300 Coordination with Hazardous Materials Inventory and Resnonse Proaram. The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response 13 ordinance (Chapters 4.12 and 4.16 of the San Rafael Municipal Code) after the effective date of this Chapter, shall include a program for compliance with this Chapter, including the prohibitions on non -storm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable. 9.30.310 The provisions of this Chapter shall be cumulative of, and in addition to, all of the obligations, prohibitions, requirements, and remedies contained in other chapters of this Code. DIVISION 2: If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of San Rafael hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. DIVISION 3: A summary of this ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against the same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance along with the names of those Councilmembers voting for or against this ordinance. A/EWJV.RO, Mayor ATTEST: JEWE M. LEONCIN ., City Clerk 14 The foregoing Ordinance No. 16.72 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 5th day of DECEMBER , 1994, and passed to print by the following vote, to wit: AYES: Councilmembers:Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: Councilmembers:None ABSENT: Councilmembers:None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the City Council to be held on the 19th day of DECEMBER , 1994. 11-8-94 15 JEqft M. LEONCINI, City Clerk