HomeMy WebLinkAboutOrd 15031
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ORDINANCE NO. 1503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME ADOPTING A STORM WATER
MANAGEMENT AND DISCHARGE CONTROL PROGRAM
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WHEREAS, the 1987 Amendments to the Federal Clean Water Act,
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as implemented by Environmental Protection Agency regulations
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adopted November 16, 1990, make necessary the adoption of plans
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and programs for storm water management meeting specified
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criteria; and
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WHEREAS, Section 402(p) of the Clean Water Act (33 U.S.C.
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1251 et seq.), as amended by the Water Quality Act of 1987,
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requires that all large and medium sized incorporated
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municipalities must:
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(a) "Effectively" prohibit non-storm water discharges into
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the storm sewer; and
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(b) Require controls to reduce the discharge of pollutants
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from storm water systems to waters of the United States
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to the maximum extent practicable ("MEP"); and
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WHEREAS, in order to implement the Federal regulatory
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requirements described above, the City is a Co-Permittee to the
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"San Mateo County Storm Water Management Plan, 1993-1998" dated
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June 21, 1993; and
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WHEREAS, on September 15, 1993, the California Regional Water
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Quality Control Board, San Francisco Bay Region, issued Order No.
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93-106, NPDES Permit No. CA0029921, regulating, inter alfa, storm
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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,
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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
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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,
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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.
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15.14.050 Construction and Application
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This chapter shall be construed to assure consistency with
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the requirements of the Federal Clean Water Act and acts
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amendatory thereof or supplementary thereto, applicable
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implementing regulations, and NPDES Permit No. CA0029921 and any
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amendment, revision or reissuance thereof.
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15.14.060 Severability and Validity
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If any portion of this chapter is declared invalid, the
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remaining portions of this chapter are to be considered valid.
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15.14.070 Waiver Procedures
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1. It is the intent of this chapter to protect and enhance
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water quality while respecting the rights of private property
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owners to economically viable use of land. It is not the intent
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of this chapter to prohibit all economically viable use of any
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private lands, nor to result in a confiscatory impact.
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Accordingly, the purpose of this Section is to provide for an
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administrative procedure for a waiver or modification of a
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particular provision of this chapter in the event the strict
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application of this chapter would result in the denial of all
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economically viable use of real property.
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2. An applicant for a waiver of a provision of this chapter
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shall file a Waiver Application with the Director of the Public
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Works Department on a form provided by the Director identifying
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the provision sought to be waived or modified. The applicant
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shall file a complete form and shall provide all documentation and
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information required by the Director to determine whether
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application of the provision in question will prohibit any
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economically viable use of the land in question or otherwise have
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an impermissible confiscatory result.
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3. The Director may approve, deny or conditionally approve
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a Waiver Application upon making all of the following written
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findings:
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A. That the strict application of the provision for
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which a waiver or modification is sought would result in the
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denial of all economically viable use of the real property in
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question;
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B. To the maximum extent feasible, conditions have
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been placed upon such a waiver or modification in order to achieve
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the goals of this chapter as closely as possible while still
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allowing economically viable use of the real property in question;
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C. Approval of such a waiver will not result in a
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public nuisance which would constitute a significant and direct
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threat to public health or safety.
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4. Any decision of the Director shall be appealable to the
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City Council.
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15.14.110 Discharge of Pollutants
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The discharge of non -storm water discharges to the City storm
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sewer system is prohibited. All discharges of material other than
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storm water must be in compliance with a NPDES Permit issued for
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the discharge (other than NPDES Permit No. CA0029921) and this
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chapter.
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1. Exceptions to Discharge Prohibition. The following
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discharges are exempt from the prohibition set forth in Section 9,
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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
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reissuance thereof, either separately considered or when combined
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with other discharges, is prohibited. Liability for any such
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discharge shall be the responsibility of the person(s) causing or
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responsible for the discharge, and such persons shall defend,
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indemnify, and hold harmless the City in any administrative or
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judicial enforcement action relating to such discharge.
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15.14.130 Illicit Discharge
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It is prohibited to commence or continue any illicit
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discharges to the City storm sewer system.
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15.15.140 Reduction of Pollutants in Storm Water
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Any person engaged in activities which will or may result in
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pollutants entering the City storm sewer system shall undertake
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all practicable measures to reduce such pollutants. Examples of
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such activities include ownership and use of facilities which may
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be a source of pollutants such as parking lots, gasoline stations,
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industrial facilities, commercial facilities, stores fronting City
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streets, etc. The following minimal requirements shall apply:
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1. Littering. No person shall throw, deposit, leave,
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maintain, keep, or permit to be thrown, deposited, place, left or
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maintained, any refuse, rubbish, garbage, or other discarded or
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abandoned objects, articles, and accumulations, in or upon any
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street, alley, sidewalk, storm drain inlet, catch basin, conduit
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or other drainage structures, business place, or upon any public
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or private lot of land in the City, so that the same might be or
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become a pollutant, except in containers or in lawfully
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established dumping grounds.
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The occupant or tenant, or in the absence of occupant or
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tenant, the owner, lessee, or proprietor of any real property in
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the City of Burlingame in front of which there is a paved sidewalk
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shall maintain said sidewalk free of litter to the maximum extent
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practicable.
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No person shall throw or deposit litter in any fountain,
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pond, lake, stream or any other body of water in a park or
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elsewhere within the City.
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2. Standards for Parking Lots and Similar Structures.
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Persons owning or operating a parking lot, gas station pavement or
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similar structure shall clean those structures as frequently and
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thoroughly as practicable in a manner that does not result in
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discharge of pollutants to the City storm sewer system.
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3. Best Management Practices for New Developments and
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Redevelopments. Any construction contractor performing work in
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the City shall endeavor, whenever possible, to provide filter
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materials at the catch basin to retain any debris and dirt flowing
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in to the City's storm sewer system. City may establish controls
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on the volume and rate of storm water runoff from new developments
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and redevelopments as may be appropriate to minimize the discharge
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and transport of pollutants.
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4. Compliance with Best Management Practices. Where best
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management practices guidelines or requirements have been adopted
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by the City for any activity, operation, or facility which may
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cause or contribute to storm water pollution or contamination,
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illicit discharges, and/or discharge of non -storm water to the
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storm water system, every person undertaking such activity or
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operation, or owning or operating such facility shall comply with
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such guidelines or requirements (as may be identified by the
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Director of Public Works).
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15.14.150 Watercourse Protection
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Every person owning property through which a watercourse
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passes, or such person's lessee or tenant, shall keep and maintain
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that part of the watercourse within the property reasonably free
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of trash, debris, excessive vegetation, and other obstacles which
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would pollute, contaminate, or significantly retard the flow of
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water through the watercourse; shall maintain existing privately
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owned structures within a watercourse so that such structures will
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not become a hazard to the use, function, or physical integrity of
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the watercourse; and shall not remove healthy bank vegetation
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beyond that actually necessary for said maintenance, nor remove
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said vegetation in such a manner as to increase the vulnerability
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of the watercourse to erosion.
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15.14.210 Authority to Inspect
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Whenever necessary to make an inspection to enforce any of
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the provisions of this chapter, or whenever an authorized
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enforcement official has reasonable cause to believe that there'
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exists in any building or upon any premises any condition which
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constitutes a violation of the provisions of this chapter, the
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official may enter such building or premises at all reasonable
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times to inspect the same or perform any duty imposed upon the
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official by this chapter; provided that (i) if such building or
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premises be occupied, he or she shall first present proper
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credentials and request entry; and (ii) if such building premises
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be unoccupied, he or she shall first make a reasonable effort to
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locate the owner or other persons having charge or control of the
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building or premises and request entry.
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Any such request for entry shall state that the property
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owner or occupant has the right to refuse entry and that in the
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event such entry is refused, inspection may be made only upon
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issuance of a search warrant by a duly authorized magistrate. In
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the event the owner and/or occupant refuses entry after such
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request has been made, the official is hereby empowered to seek
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assistance from any court of competent jurisdiction in obtaining
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such entry.
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Routine or area inspections shall be based upon such
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reasonable selection processes as may be deemed necessary to carry
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out the objectives of this chapter, including but not limited to
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random sampling and/or sampling in areas with evidence of storm
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water contamination, illicit discharges, discharge of non -storm
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water to the storm water system, or similar factors.
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1. Authority to Sample and Establish Sampling Devices.
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The City shall have the right to establish on any property such
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devices as are necessary to conduct sampling or metering
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operations. During all inspections as provided herein, the
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official may take any samples deemed necessary to aid in the
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pursuit of the inquiry or in the recordation of the activities on
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site.
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2 Notification of Spills. As soon as any person in
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charge of a facility or responsible for emergency response for a
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facility has knowledge of any confirmed or unconfirmed release of
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materials, pollutants, or waste which may result in pollutants or
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non -storm water discharges entering the City storm sewer system,
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such person shall take all necessary steps to ensure the discovery
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and containment and clean up of such release and shall notify the
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City of the occurrence by telephoning (415) 696-7230 and
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confirming the notification by correspondence to the Director of
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Public Works.
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3. Requirement to Test or Monitor. Any authorized
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enforcement official may request that any person engaged in any
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activity and/or owning or operating any facility which may cause
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or contribute to storm water pollution or contamination, illicit
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discharges, and/or discharge of non -storm water to the storm water
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system, undertake such monitoring activities and/or analysis and
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furnish such reports as the official may specify. The burden,
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including costs, of these activities, analysis and reports shall
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bear a reasonable relationship to the need for the monitoring,
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analysis and reports and the benefits to be obtained. The
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recipient of such request shall undertake and provide the
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monitoring, analysis and/or reports requested.
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15.14.220 Continuing Violations
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Unless otherwise provided, a person, firm, corporation or
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organization, shall be deemed guilty of a separate offense for
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each and every day during any portion of which a violation of this
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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
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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
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11 15.14.310 Coordination with Hazardous Materials Inventory and
12 Response Program
13 The first revision of the business plan for any facility
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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
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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
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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
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5 NOES: COUNCILMEMBERS: NONE
6 ABSENT: COUNCILMEMBERS: NON
7 —
8� City Clerk
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