HomeMy WebLinkAboutOrdinance 1932 (Urban Runoff Polution Prevention)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER
9.30 THEREOF ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR
THE PURPOSE OF ADOPTING NEW CONSTRUCTION AND POST -
CONSTRUCTION STORMWATER MANAGEMENT REQUIREMENTS AS
PRESCRIBED BY THE CITY'S NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PHASE II STORMWATER PERMIT
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 1St day of June, 2015; a
SUMMARY of Ordinance No. 1932 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 15th day of June, 2015, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
WITNESS my hand and the official
Seal of the City of San Rafael this
19th day of June, 2015
A-- . P.,CWa&4-r
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1932
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN
RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 9.30 THEREOF
ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR THE PURPOSE
OF ADOPTING NEW CONSTRUCTION AND POST -CONSTRUCTION
STORMWATER MANAGEMENT REQUIREMENTS AS PRESCRIBED BY THE
CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PHASE II STORMWATER PERMIT.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council has adopted an urban runoff pollution prevention ordinance in Chapter 9.30 of
the San Rafael Municipal Code, to protect the public health, safety, and general welfare of the citizens of the
City of San Rafael and to protect and enhance watercourses, fish, and wildlife habitat by controlling and
minimizing discharges to storm drains and watercourses and reducing pollutants in stormwater to the
maximum extent practicable; and
WHEREAS, the City of San Rafael is named as a permittee of the Phase H Small Municipal Separate Storm
Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Phase II Stormwater
Permit) adopted by the California State Water Resources Control Board; and
WHEREAS, the Phase II Stormwater Permit requires each permittee to revise relevant ordinances or adopt
any new ordinances to obtain adequate legal authority to control pollutant discharges into and from its MS4;
and
WHEREAS, modifications to Chapter 9.30 of the San Rafael Municipal Code are necessary to include the
construction and post -construction stormwater management requirements prescribed by the Phase II
Stormwater Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1.
San Rafael Municipal Code Chapter 10.90 is amended as provided hereafter.
Section 9.30.020 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.020 — Purpose and intent.
The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of
the City of San Rafael and to protect and enhance watercourses, fish and wildlife habitat by:
A. Minimizing discharges other than stormwater runoff to storm drains or watercourses;
B. Responding to the discharge of spills, preventing and controlling the discharge of spills to
storm drains or watercourses and prohibiting dumping or disposal of materials other than
stormwater;
C. Reducing pollutants in stormwater discharges to the maximum extent practicable;
D. Requiring operators of construction sites, new or redeveloped land, and industrial and
commercial facilities to install, implement, or maintain appropriate best management
practices (BMPs); and
E. Maintaining pre -development stormwater runoff rates and preventing nonpoint source
pollution whenever possible, through stormwater management controls and ensuring that
these management controls are properly maintained.
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. Section 1951 et seq.), the Porter -Cologne Water Quality Control Act (California Water Code Section
13000 et seq.), and the Phase I1 Small Municipal Separate Storm Sewer System (MS4) National Pollutant
Discharge Elimination System (NPDES) Permit, Water Quality Order No. 2013-0001—DWQ, General Permit
No. CAS000004 (Phase II Stormwater Permit) and subsequent revisions and amendments thereto.
Section 9.30.030 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.030 – Definitions.
As used in this chapter, any terms defined in the Phase II Stormwater Permit, the federal Clean Water
Act (33 U.S.C. Section 1251 et seq.) 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), shall have the same meaning as in
said Act or regulations. Such terms include, but are not limited to, the following:
A. "Agency" or "agency" means the United States Environmental Protection Agency.
B. "Authorized Enforcement Official" means the City Manager, director of public works, fire chief or
their designees; stormwater program manager, code enforcement officer, health officer, and those
officials designated as code enforcement officials in Section 1.08.020 of the San Rafael Municipal
Code.
C. "BASMAA Post Construction Manual" means the most recent version of the Bay Area Stormwater
Management Agencies (BASMAA) Post Construction Manual which provides design guidelines for
reducing stormwater pollutant discharges through the construction, operation and maintenance of
source control measures, low impact development design, site design measures, stormwater treatment
measures and hydromodification management measures.
D. "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, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from
raw material storage.
E. "City" means the city of San Rafael, a municipal corporation, situated in Marin County, California.
F. "Construction activity" means any activity that involves soil disturbing activities including, but not
limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.
G. "Discharge of a Pollutant" means: (a) the addition of any pollutant or combination of pollutants to
waters of the United States from any point source; or (b) any addition of any pollutant or combination
of pollutants to the waters of the contiguous zone or the ocean from any point source other than a
vessel or other floating craft which is being used as a means of transportation. The term includes
additions of pollutants to waters of the United States from: surface runoff which is collected or
channeled by man; discharges through pipes, sewers, or other conveyances owned by a State,
municipality, or other person which do not lead to a treatment works; and discharges through pipes,
sewers, or other conveyances, leading into privately owned treatment works.
H. "Illicit connection" means any device or method that conveys non-stormwater to a municipal separate
storm sewer (storm drain) system (MS4) or receiving water.
I. "Illicit discharge" means any discharge to a municipal separate storm sewer (storm drain) system
(MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The
term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater and
discharges that are identified under the Exceptions to Discharge Prohibition section of this chapter.
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The term illicit discharge does not include discharges that are regulated by an NPDES permit (other
than the NPDES permit for discharges from the MS4).
"Incidental irrigation runoff' means unintended amounts (volume) of runoff, such as unintended,
minimal over -spray from sprinklers that escapes the landscaped area of intended use. Water leaving an
intended use area is not considered incidental if it is part of the facility design, if it is due to excessive
application, if it is due to intentional overflow or application, or if it is due to negligence.
K. "Low Impact Development (LID)" means a sustainable practice that benefits water supply and
contributes to water quality protection. LID 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, and
detain runoff close to the source of rainfall.
L. "Maximum Extent Practicable (MEP)" means the minimum required performance standards, BMPs,
control techniques and systems, design and engineering methods, and such other provisions as the
Environmental Protection Agency Administrator or the State determines appropriate for reducing
pollutants in stormwater. MEP is the cumulative effect of implementing, evaluating, and making
corresponding changes to a variety of technically appropriate and economically feasible BMPs,
ensuring that the most appropriate controls are implemented in the most effective manner. This
process of implementing, evaluation, revising, or adding new BMPs is commonly referred to as the
iterative process.
M. "MCSTOPPP" means the Marin County Stormwater Pollution Prevention Program.
N. "NPDES permit" means a National Pollutant Discharge Elimination System (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 that authorizes
discharges to waters of the United States.
O. "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater.
P. "Phase H Stormwater Permit" means the NPDES general stormwater permit applicable to the County
of Marin, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any
subsequent amendment, reissuance or successor to this NPDES permit.
Q. "Pollutant" means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes,
manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, sediment, dumped yard wastes, cellar dirt, and
industrial, municipal and agricultural waste; or sand and gravel placed in such a way as to be carried
away by stormwater into the storm drains and watercourses of the city.
R. 'Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or
unimproved, including adjacent sidewalks and parking strips.
S. "Storm drains" includes but is not limited to those stormwater drainage conveyance 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, culverts, ditches, man-made
channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined
at 40 Code of Federal Regulations (C.F.R) 122.2, or any successor regulation.
T. "Stormwater" or "storm runoff' means stormwater runoff, snow melt runoff, and surface runoff and
drainage.
U. "Stormwater Control Plan" shall mean a plan that meets those criteria contained in the most recent
version of the BASMAA Post Construction Manual.
V. "Stormwater Facilities Operation and Maintenance Plan" shall mean a plan identifying the locations
and characteristics of stormwater management facilities on a newly developed or redeveloped site and
describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper
operation of those facilities.
W. "Stormwater management facility" shall mean any device designated to detain, retain, filter, or
infiltrate stormwater, including, but not limited to, bioretention facilities.
X. "Urban runoff' means stormwater runoff from an urbanized area including streets and adjacent
domestic and commercial properties that carries pollutants of various types into the storm drainage
system and receiving waters.
Y. "Watercourse" means any natural or once natural flowing river, creek, stream, swale or drainageway,
whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized
but does not include channels, ditches, culverts or other above or below ground constructed conduits,
i.e., storm drains.
Section 9.30.040 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.040 — Responsibility for administration.
This chapter shall be administered for the city by the authorized enforcement official. In administering
this chapter, the authorized enforcement official has the authority to request and require the submittal of
information deemed necessary to assess compliance with this chapter and the Phase 11 Stormwater Permit.
Section 9.30.050 of the San Rafael Municipal Code is hereby amended to read as follows:
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. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable
implementing regulations, including the current and future versions of the water quality control plan for the
San Francisco Bay basin and the Phase H Stormwater Permit.
Section 9.30.060 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.060 — Discharge of pollutants prohibited.
The discharge of non-Stormwater discharges to the city's storm drain system is prohibited. All
discharges of material other than stormwater must be in compliance with an NPDES permit issued for the
discharge.
Section 9.30.070 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.070 — Exceptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in Section 9.30.060, above:
A. Any discharge regulated under another 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. Discharges or flows from fire-fighting activities unless they are identified as significant sources of
pollutants to waters of the United States.
C. Discharges from the following activities, provided any pollutants in the discharges are identified and
appropriate control measures to minimize the impacts of such discharges are developed and
implemented.
1. Water line flushing;
2. Individual residential car washing;
3. Diverted stream flows;
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Rising groundwaters;
Uncontaminated ground water infiltration (as defined at 40 C.F.R. §35.2005(20)) to separate
storm sewers;
Uncontaminated pumped groundwater;
Discharges from potable water sources;
Foundation drains;
Air conditioning condensation;
10. Springs;
11. Water from crawl space pumps;
12. Footing drains;
13. Flows from riparian habitats and wetlands;
14. Dechlorinated swimming pool discharges; and
15. Incidental irrigation runoff from landscaped areas provided the conditions in item D of this
section are met.
D. 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, or intentional overflow or application. Irrigation systems must be
designed to conserve water and prevent water leaving the area of application. Property owners and
persons responsible shall control irrigation systems to prevent excessive irrigation runoff by
implementing the following BMPs:
Detect and repair leaks from the irrigation system within 72 hours of discovering the leak;
Properly design and aim sprinkler heads to only irrigate the planned application area;
Do not irrigate during precipitation events; and
Where recycled water is used for irrigation, design and manage holding ponds such that no
discharge occurs unless it is the result of the 25 year -24 hour storm event. Any releases from
holding ponds must be reported to the Regional Water Board and the county within 24 hours of
the discharge.
Section 9.30.080 of the San Rafael Municipal Code, is hereby amended to read in its entirety as
follows:
9.30.080 — Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of the Phase II Stormwater 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.
Section 9.30.090 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.090 — Illicit discharges and illicit connections.
The establishment, use, maintenance or continuance of illicit connections to the City storm drains or
watercourses, and/or the commencement or continuance of illicit discharges to the City storm drains and water
courses 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.
A. Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist
discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement
official.
B. Any person responsible for an illicit connection shall promptly remove the connection as directed by
the authorized enforcement official.
C. The City may perform clean-up and abatement work and recover its costs from the responsible person
as provided in Section 9.30.260.
Section 9.30. 100 of the San Rafael Municipal Code is hereby amended to read as follows:
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, ground disturbing activities, and stores fronting city streets.
Section 9.30.140 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.140 — Construction -phase best management practices.
A. Any person performing construction activities in the City shall implement appropriate BMPs to
prevent the discharge of construction wastes or contaminants from construction materials, tools, and
equipment from entering the storm drain system or watercourse.
B. The City has the authority to review designs and proposals for construction activities to determine
whether adequate BMPs will be installed, implemented, and maintained during construction and after
final stabilization.
C. Construction -phase BMPs include erosion and sediment controls and pollution prevention practices.
Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities,
timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of
erosion control blankets. Sediment control may include properly sized detention basins, dams, or
filters to reduce entry of suspended sediment into the storm drain system and watercourses, and
installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution
prevention practices may include designated washout areas or facilities, control of trash and recycled
materials, tarping of materials stored on-site, and proper location of and maintenance of temporary
sanitary facilities. The combination of BMPs used, and their execution in the field, must be
customized to the site using up-to-date standards and practices. The City will request the agency to
provide references to current guidance manuals and BMP information .
Section 9.30.150 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.150 — Erosion and sediment control plan requirements.
A. When required by the Phase II Stormwater Permit or by the agency, a project shall have an Erosion
and Sediment Control Plan (ESCP) which addresses erosion and sediment control and pollution
prevention during the construction phase as well as final stabilization control measures. The ESCP and
the specific control measures to be utilized shall be subject to the review and approval of the agency.
The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the
project site. The agency shall require modifications of an approved ESCP if during the course of
construction at a site unanticipated conditions occur or the plans prove inadequate for the intended
purpose. Revisions of the approved ESCP shall be submitted to the agency for review and approval.
An Erosion and Sediment Control Plan (ESCP) shall be required for any project:
1. Subject to a grading permit under Chapter 12.12.
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2. Subject to a building permit or other permit that has the potential for significant erosion
and/or significant non-stormwater discharges of sediment and/or construction site waste;
As required by the City considering factors such as whether the project involves hillside soil
disturbance, rainy season construction, construction near a creek or an intermittent or
ephemeral drainageway, or any other condition or construction site activity that could lead to
a non-stormwater discharge to a storm drain if not managed by effective implementation of an
SSCP.
B. The ESCP shall be submitted for review and approval by the City. The project applicant shall follow
the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan
Applicant Package. At a minimum, the ESCP shall include:
Description of the proposed project and soil disturbing activity;
Site specific construction -phase Best Management Practices (BMPs);
3. Rationale for selecting the BMPs;
4. List of applicable outside agency permits associated with the soil disturbing activity, such as:
Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act
Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600
Agreements).
5. If the project requires coverage under the CGP issued by the State Water Resources Control
Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said
coverage and a copy of the Waste Discharge Identification Number shall be submitted to the
City prior to issuance of a permit for construction. The applicant may submit the Storm Water
Pollution Prevention Plan (SWPPP) required by the General Construction Activity
Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP.
6. Financial security may be required to ensure that temporary measures to control stormwater
pollution are implemented and maintained during construction and after construction for a
period determined by the agency. Financial security shall consist of an irrevocable letter of
credit, cash deposit, or performance bond as determined by the agency.
7. When any work is being done contrary to the provisions of this article, 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 the City
of San Rafael Municipal Code.
Implementation of an approved ESCP shall be a condition of the issuance of a building
permit, a grading permit, or other permit issued by the City for a project subject to this
section. The ESCP shall be implemented year round and must be updated to reflect changing
conditions on the project site. Any modifications to the ESCP shall be submitted to the City
for review and approval.
Section 9.30.151 is hereby added to the San Rafael Municipal Code to read as follows:
9.30.151— Land development standards for permanent stormwater controls for new and
redevelopments.
The City may require, as a condition of project approval, permanent structural controls designed for
the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from
the project's added or replaced impervious surfaces. These controls may include limits on impervious area.
The selection and design of such controls shall be in general accordance with criteria established or
recommended by federal, state, and local agencies, and where required by the City, the BASMAA Post
Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain
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drainage ways above ground and in as natural a state as possible or other biological methods such as
bioretention areas. Where required by the Phase H Stormwater Permit Provision E.12, or where required by the
nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall
develop, submit and implement a Stormwater Control Plan (SCP) as described below:
A. The SCP shall follow the appropriate SCP template, based on project type, in the most recent version
of the BASMAA Post Construction Manual.
B. The specific practices proposed in the SCP shall be subject to the review and approval of the City and
shall be in general accordance with the BASMAA Post Construction Manual, and the Phase H
Stormwater Permit.
C. The SCP is separate and distinct from the ESCP requirements described in Section 19.30.150(B).
D. 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 BASMAA Post
Construction Manual.
E. Where required by the City, as a condition precedent to the issuance of a building permit, the applicant
shall submit a preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The
approval of the O&M Plan by the City is required prior to final inspection and approval of building
permit closure.
F. All stormwater management facilities shall be maintained according to the approved O&M Plan. The
person(s) or organization(s) responsible for maintenance shall be designated in the plan. The plan shall
require that stormwater management facilities be inspected by those responsible for maintenance at
least annually. The O&M Plan shall also describe how the maintenance will be funded. Upon the
failure of a responsible person to maintain the stormwater management facilities in accordance with
the O&M Plan, the City may perform the maintenance and recover its costs from the responsible
person as provided in Section 9.30.150.
G. Where deemed appropriate by the City, the City shall have access to stormwater management facilities
for inspections, as provided in Section 19.30 220, and through such means as may be appropriate,
including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by
the property owner.
H. All project proponents and their successors, or successors in fee title, in control of a project that is
located within the City and that is defined as a Regulated Project in Provision E.12.c. of the Phase 11
Stormwater Permit, or where required by the City, shall submit one of the following as a condition
prior to final inspection and approval of building permit closure:
1. The project proponent's signed statement accepting responsibility for the operations and
maintenance of stormwater management facilities until such responsibility is legally
transferred to another entity;
2. Written conditions in the sales or lease agreements or deed for the project that requires the
buyer or lessee to assume responsibility for the operations and maintenance of the stormwater
management facilities until such responsibility is legally transferred to another entity;
3. Written text in project deeds, or conditions, covenants and restrictions for multi -unit residential
projects that require the homeowners association or, if there is no association, each individual
owner to assume responsibility for the operation and maintenance of the stormwater
management facilities until such responsibility is legally transferred to another entity; or
4. Any other legally enforceable agreement or mechanism, such as recordation in the property
deed, that assigns the operation and maintenance of the stormwater management facilities to
the project owner(s) or the City.
Financial security may be required to ensure that stormwater management facilities operate and are
maintained following construction for a period which may be determined by the agency. Financial security
shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
Section 9.30.160 of the San Rafael Municipal Code is hereby amended to read as follows:
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 stormwater permit addressing such discharges, as may be adopted by the United
States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Water
Quality Control Board, shall provide Permit Registration Documents, and shall 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.
Section 9.30.170 of the San Rafael Municipal Code is hereby amended to read as follows:
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 that may cause or contribute
to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater 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 authorized enforcement official.
Section 9.30.190 of the San Rafael Municipal Code is hereby amended to read as follows:
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 authorized enforcement official:
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
stormwaters passing through such watercourse.
The provisions of Sections 9.30.180 and 9.30.190 shall be cumulative of all provisions of
Chapters 11.30 and 17. 10, and 17.40 of this code.
Section 9.30.220 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.220 — Inspections—Authority and procedure.
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 applicable state and federal laws, enter any building or any premises (including, but not limited
to, facilities, equipment, practices, or operations) at all reasonable times, to perform any duty imposed upon the
official by this chapter, or to inspect the building or premises for any or all of the following situations, as
determined by the authorized enforcement official:
A. Routine inspections to ensure implementation of BMPs and other requirements of this
chapter;
B. Active or potential stormwater discharges;
C. Whenever there is reasonable cause to believe that there exists any condition which
constitutes a violation of the provisions of this chapter or the Phase II Stormwater Permit; or
D. Whenever necessary to enforce any of the provisions of this chapter or the Phase II
Stormwater Permit.
The authorized enforcement official must present proper credentials to, and obtain 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.
Section 9.30.230 of the San Rafael Municipal Code is hereby amended to read as follows:
9.30.230 — Sampling—Authority 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 borne by the City.
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 stormwater pollution or contamination, illicit discharges, and/or the
discharge of non-stormwater 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 borne
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.
Section 9.30.260 of the San Rafael Municipal Code is hereby amended to read as follows:
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:
A. A temporary or permanent injunction;
B. Costs of investigation, inspection, sampling or monitoring activities concerning the violation,
and costs of suit;
C. Costs of restoration of the premises from its condition resulting from the violations back to its
original condition;
D. 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 stormwater discharge pollution control systems, and of implementing and/or
enforcing the provisions of this chapter.
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E. Civil penalties, reimbursement of City administrative and abatement costs, judicial
abatement, and treble damages, as authorized by Sections 1.42.020, 1.42.030 and 1.42.040 of
the San Rafael Municipal Code.
Section 9.30.270 of the San Rafael Municipal Code is hereby amended to read as follows:
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. At the
discretion of the authorized enforcement official, orders to cease and desist may take the following form:
A. Verbal Warnings, as may be issued during inspections;
B. Warning Letters and Orders to Abate Pollution;
C. Warning Letters with requirements to submit written reports; or
D. Formal administrative enforcement action as described in this chapter and as authorized by
Chapters 1.40 and 1.46 of the San Rafael Municipal Code.
Section 9.30.300 of the San Rafael Municipal Code is hereby deleted.
DIVISION 2.
The adoption of this ordinance is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (14 CCR Section
15308) because it is an action taken by a regulatory agency for the purpose of the environment and no
exceptions to this categorical exemption apply.
DIVISION 3.
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 this Ordinance. The Council
hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases
be declared invalid.
DIVISION 4.
This Ordinance shall be published once, in full or in summary form before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be
published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting
for or against 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 and against the Ordinance.
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1
GARY O. P LLIPS, Mayor
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing City Ordinance No. 1932 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, held on the 15` day of June, 2015 and order passed to print by the following vote, to wit:
AYES:
Councilmembers:
Bushey, Colin, Gamblin, McCullough & Mayor Phillips
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 Council
to be held on the 15th day of June, 2015.
ESTHER C. BEIRNE
City Clerk
R VA