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HomeMy WebLinkAboutOrd 15031 2 3 4 5 6 ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM 7 WHEREAS, the 1987 Amendments to the Federal Clean Water Act, 8 as implemented by Environmental Protection Agency regulations 9 adopted November 16, 1990, make necessary the adoption of plans 10 and programs for storm water management meeting specified 11 criteria; and 12 WHEREAS, Section 402(p) of the Clean Water Act (33 U.S.C. 13 1251 et seq.), as amended by the Water Quality Act of 1987, 14 requires that all large and medium sized incorporated 15 municipalities must: 16 (a) "Effectively" prohibit non-storm water discharges into 17 the storm sewer; and 18 (b) Require controls to reduce the discharge of pollutants 19 from storm water systems to waters of the United States 20 to the maximum extent practicable ("MEP"); and 21 WHEREAS, in order to implement the Federal regulatory 22 requirements described above, the City is a Co-Permittee to the 23 "San Mateo County Storm Water Management Plan, 1993-1998" dated 24 June 21, 1993; and 25 WHEREAS, on September 15, 1993, the California Regional Water 26 Quality Control Board, San Francisco Bay Region, issued Order No. 27 93-106, NPDES Permit No. CA0029921, regulating, inter alfa, storm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 water discharges by the City of Burlingame; and WHEREAS, the implementation of pollutant control measures described in the Plan in furtherance of these purposes is exempt from the provisions of the California Environmental Quality Act (CEQA); Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code, as provided in categorical exemption Classes 1, 40 5, 71 8, 9 and/or 21 of the CEQA Guidelines (Title 14, California Code of Regulations, Sections 15301-15329); and WHEREAS, the City Council has carefully considered the proposed Storm Water Management Program and finds that said proposed Storm Water Management Program contributes to the protection of the health, safety and general welfare of its citizens. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.14, entitled "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" is hereby added to the Burlingame Municipal Code, to read as follows: "Chapter 15.14 STORM WATER MANAGEMENT AND DISCHARGE CONTROL 15.14.010 Title This Chapter shall be known as the "City of Burlingame Storm Water Management and Discharge Control Ordinance" and may be so cited. 15.14.020 Purpose and Intent The purpose of this chapter is to ensure the future health, 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 safety, and general welfare of City of Burlingame citizens by: (a) Eliminating non -storm water discharges to the municipal separate storm sewer. (b) Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than storm water. (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 our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act, 15.14.030 Definitions 1. Clean Water Act definitions. Any terms defined in the Federal Clean Water Act 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) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms presently are defined as follows: A. "Discharge" means: (a) Any addition of any pollutant to navigable 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. B. "Illicit Discharge" means any discharge to the City storm sewer system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting and other emergency response activities. C. "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or destroyed equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. D. "Storm Water" means storm water runoff and surface runoff and drainage. 2. Other definitions. When used in this chapter, the following words shall have the meanings ascribed to them in this Section: A. "Authorized Enforcement Official" means the City Manager or his/her designees is hereby authorized to enforce the provisions of this chapter. B. "Best Management Practices" ("BMPs") means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 disposal, or drainage from raw material storage. C. "City" means the City of Burlingame. D. "City Storm Sewer System" includes but is not limited to those 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, ditches, man-made channels or storm drains, which is not part of the Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2. E. "Non -Storm Water Discharge" means any discharge that is not entirely composed of storm water except those noted within an NPDES Permit and this chapter. F. "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. G. "Watercourse" means a natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently. 15.14.040 Responsibility for Administration This chapter shall be administered for the City by the City Manager and his/her designees. 5 1 15.14.050 Construction and Application 2 This chapter shall be construed to assure consistency with 3 the requirements of the Federal Clean Water Act and acts 4 amendatory thereof or supplementary thereto, applicable 5 implementing regulations, and NPDES Permit No. CA0029921 and any 6 amendment, revision or reissuance thereof. 7 15.14.060 Severability and Validity 8 If any portion of this chapter is declared invalid, the 9 remaining portions of this chapter are to be considered valid. 10 15.14.070 Waiver Procedures 11 1. It is the intent of this chapter to protect and enhance 12 water quality while respecting the rights of private property 13 owners to economically viable use of land. It is not the intent 14 of this chapter to prohibit all economically viable use of any 15 private lands, nor to result in a confiscatory impact. 16 Accordingly, the purpose of this Section is to provide for an 17 administrative procedure for a waiver or modification of a 18 particular provision of this chapter in the event the strict 19 application of this chapter would result in the denial of all 20 economically viable use of real property. 21 2. An applicant for a waiver of a provision of this chapter 22 shall file a Waiver Application with the Director of the Public 23 Works Department on a form provided by the Director identifying 24 the provision sought to be waived or modified. The applicant 25 shall file a complete form and shall provide all documentation and 26 information required by the Director to determine whether C^ 1 application of the provision in question will prohibit any 2 economically viable use of the land in question or otherwise have 3 an impermissible confiscatory result. 4 3. The Director may approve, deny or conditionally approve 5 a Waiver Application upon making all of the following written 6 findings: 7 A. That the strict application of the provision for 8 which a waiver or modification is sought would result in the 9 denial of all economically viable use of the real property in 10 question; 11 B. To the maximum extent feasible, conditions have 12 been placed upon such a waiver or modification in order to achieve 13 the goals of this chapter as closely as possible while still 14 allowing economically viable use of the real property in question; 15 C. Approval of such a waiver will not result in a 16 public nuisance which would constitute a significant and direct 17 threat to public health or safety. 18 4. Any decision of the Director shall be appealable to the 19 City Council. 20 15.14.110 Discharge of Pollutants 21 The discharge of non -storm water discharges to the City storm 22 sewer system is prohibited. All discharges of material other than 23 storm water must be in compliance with a NPDES Permit issued for 24 the discharge (other than NPDES Permit No. CA0029921) and this 25 chapter. 26 1. Exceptions to Discharge Prohibition. The following 27 discharges are exempt from the prohibition set forth in Section 9, 28 7 1 I above. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) Permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Be Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, municipal street cleaning, municipal park maintenance, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimm ing pool discharges, or flows from fire fighting and other emergency response activity, and accordingly are not subject to the prohibition on discharges. 5.14,120 Discharge Discharge in Violation of Permit Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is on file in the Office of the City Clerk, and any amendment, revision or 0 I reissuance thereof, either separately considered or when combined 2 with other discharges, is prohibited. Liability for any such 3 discharge shall be the responsibility of the person(s) causing or 4 responsible for the discharge, and such persons shall defend, 5 indemnify, and hold harmless the City in any administrative or 6 judicial enforcement action relating to such discharge. 7 15.14.130 Illicit Discharge 8 It is prohibited to commence or continue any illicit 9 discharges to the City storm sewer system. 10 15.15.140 Reduction of Pollutants in Storm Water 11 Any person engaged in activities which will or may result in 12 pollutants entering the City storm sewer system shall undertake 13 all practicable measures to reduce such pollutants. Examples of 14 such activities include ownership and use of facilities which may 15 be a source of pollutants such as parking lots, gasoline stations, 16 industrial facilities, commercial facilities, stores fronting City 17 streets, etc. The following minimal requirements shall apply: 18 1. Littering. No person shall throw, deposit, leave, 19 maintain, keep, or permit to be thrown, deposited, place, left or 20 maintained, any refuse, rubbish, garbage, or other discarded or 21 abandoned objects, articles, and accumulations, in or upon any 22 street, alley, sidewalk, storm drain inlet, catch basin, conduit 23 or other drainage structures, business place, or upon any public 24 or private lot of land in the City, so that the same might be or 25 become a pollutant, except in containers or in lawfully 26 established dumping grounds. E 1 The occupant or tenant, or in the absence of occupant or 2 tenant, the owner, lessee, or proprietor of any real property in 3 the City of Burlingame in front of which there is a paved sidewalk 4 shall maintain said sidewalk free of litter to the maximum extent 5 practicable. 6 No person shall throw or deposit litter in any fountain, 7 pond, lake, stream or any other body of water in a park or 8 elsewhere within the City. 9 2. Standards for Parking Lots and Similar Structures. 10 Persons owning or operating a parking lot, gas station pavement or 11 similar structure shall clean those structures as frequently and 12 thoroughly as practicable in a manner that does not result in 13 discharge of pollutants to the City storm sewer system. 14 3. Best Management Practices for New Developments and 15 Redevelopments. Any construction contractor performing work in 16 the City shall endeavor, whenever possible, to provide filter 17 materials at the catch basin to retain any debris and dirt flowing 18 in to the City's storm sewer system. City may establish controls 19 on the volume and rate of storm water runoff from new developments 20 and redevelopments as may be appropriate to minimize the discharge 21 and transport of pollutants. 22 4. Compliance with Best Management Practices. Where best 23 management practices guidelines or requirements have been adopted 24 by the City for any activity, operation, or facility which may 25 cause or contribute to storm water pollution or contamination, 26 illicit discharges, and/or discharge of non -storm water to the 10 I storm water system, every person undertaking such activity or 2 operation, or owning or operating such facility shall comply with 3 such guidelines or requirements (as may be identified by the 4 Director of Public Works). 5 15.14.150 Watercourse Protection 6 Every person owning property through which a watercourse 7 passes, or such person's lessee or tenant, shall keep and maintain 8 that part of the watercourse within the property reasonably free 9 of trash, debris, excessive vegetation, and other obstacles which 10 would pollute, contaminate, or significantly retard the flow of 11 water through the watercourse; shall maintain existing privately 12 owned structures within a watercourse so that such structures will 13 not become a hazard to the use, function, or physical integrity of 14 the watercourse; and shall not remove healthy bank vegetation 15 beyond that actually necessary for said maintenance, nor remove 16 said vegetation in such a manner as to increase the vulnerability 17 of the watercourse to erosion. 18 15.14.210 Authority to Inspect 19 Whenever necessary to make an inspection to enforce any of 20 the provisions of this chapter, or whenever an authorized 21 enforcement official has reasonable cause to believe that there' 22 exists in any building or upon any premises any condition which 23 constitutes a violation of the provisions of this chapter, the 24 official may enter such building or premises at all reasonable 25 times to inspect the same or perform any duty imposed upon the 26 official by this chapter; provided that (i) if such building or 11 1 premises be occupied, he or she shall first present proper 2 credentials and request entry; and (ii) if such building premises 3 be unoccupied, he or she shall first make a reasonable effort to 4 locate the owner or other persons having charge or control of the 5 building or premises and request entry. 6 Any such request for entry shall state that the property 7 owner or occupant has the right to refuse entry and that in the 8 event such entry is refused, inspection may be made only upon 9 issuance of a search warrant by a duly authorized magistrate. In 10 the event the owner and/or occupant refuses entry after such 11 request has been made, the official is hereby empowered to seek 12 assistance from any court of competent jurisdiction in obtaining 13 such entry. 14 Routine or area inspections shall be based upon such 15 reasonable selection processes as may be deemed necessary to carry 16 out the objectives of this chapter, including but not limited to 17 random sampling and/or sampling in areas with evidence of storm 18 water contamination, illicit discharges, discharge of non -storm 19 water to the storm water system, or similar factors. 20 1. Authority to Sample and Establish Sampling Devices. 21 The City shall have the right to establish on any property such 22 devices as are necessary to conduct sampling or metering 23 operations. During all inspections as provided herein, the 24 official may take any samples deemed necessary to aid in the 25 pursuit of the inquiry or in the recordation of the activities on 26 site. iy 1 2 Notification of Spills. As soon as any person in 2 charge of a facility or responsible for emergency response for a 3 facility has knowledge of any confirmed or unconfirmed release of 4 materials, pollutants, or waste which may result in pollutants or 5 non -storm water discharges entering the City storm sewer system, 6 such person shall take all necessary steps to ensure the discovery 7 and containment and clean up of such release and shall notify the 8 City of the occurrence by telephoning (415) 696-7230 and 9 confirming the notification by correspondence to the Director of 10 Public Works. 11 3. Requirement to Test or Monitor. Any authorized 12 enforcement official may request that any person engaged in any 13 activity and/or owning or operating any facility which may cause 14 or contribute to storm water pollution or contamination, illicit 15 discharges, and/or discharge of non -storm water to the storm water 16 system, undertake such monitoring activities and/or analysis and 17 furnish such reports as the official may specify. The burden, 18 including costs, of these activities, analysis and reports shall 19 bear a reasonable relationship to the need for the monitoring, 20 analysis and reports and the benefits to be obtained. The 21 recipient of such request shall undertake and provide the 22 monitoring, analysis and/or reports requested. 23 15.14.220 Continuing Violations 24 Unless otherwise provided, a person, firm, corporation or 25 organization, shall be deemed guilty of a separate offense for 26 each and every day during any portion of which a violation of this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided. 15.14.230 Concealment Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. 15.14.240 Civil Actions In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction. 2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. 3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorney's fees and court costs. 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or 14 1 enforcing the provisions of this chapter. 2 15.14.250 Administrative Enforcement Powers 3 In addition to the other enforcement powers and remedies 4 established by this chapter, any authorized Enforcement Official 5 has the authority to utilize administrative remedies. 6 15.14.260 Remedies Not Exclusive 7 Remedies under this Article are in addition to and do not 8 supersede or limit any and all other remedies, civil or criminal. 9 The remedies provided for herein shall be cumulative and not 10 exclusive. 11 15.14.310 Coordination with Hazardous Materials Inventory and 12 Response Program 13 The first revision of the business plan for any facility 14 subject to the City's hazardous materials inventory and response 15 program shall include a program for compliance with this chapter, 16 including the prohibitions on non -storm water discharges and 17 illicit discharges, and the requirement to reduce storm water 18 pollutants to the maximum extent practicable." 19 SECTION 2. This ordinance shall be published as required by 20 law. � 21 I"rte 9 1. aA 22 Mayor 23 24 I, JUDITH A. MALFATTI, City Clerk of the City of 25 Burlingame, do hereby certify that the foregoing chapter was 26 introduced at a regular meeting of the City Council held on the 15 1 6th day of JUNE , 1994, and adopted thereafter at a 2 regular meeting of the City Council held on the 90th day of 3 JUNE , 1994, by the following vote: 4 AYES: COUNCILMEMBERS: HARRISON, KNIGHT, 0°MAHONY, PAGLIARO, SPINET I 5 NOES: COUNCILMEMBERS: NONE 6 ABSENT: COUNCILMEMBERS: NON 7 — 8� City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 16