Ordinance 2605CITY OF ALAEDA ORDINANCE NO.
New Series
2605
ADOPTING A STORM WATER MAAGEMENT AND
DISCHARGE CONTROL PROGRA
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ALAEDA that:
Section Findings
WHEREAS , the 1987 Amendments to the federal Clean Water Actas implemented by Environmental Protection Agency regulations
adopted November 16 , 1990 , make necessary the adoption of plans and
programs for storm water management meeting specified criteria; and
WHEREAS , Section 402(p) of the Clean Water Act (33 U.C. 1251
et seq.), as amended by the Water Quality Act of 1987 , requires
that all large and medium sized incorporated municipalities must:
(a) "effectively" prohibit non-storm water discharges into
the storm sewer; and
(b) require controls to reduce the discharge of pollutants
from storm water systems to waters of the United States to the
maximum extent practicable ("MEP"); and
WHEREAS , the City of Alameda seeks
provisions of state and federal law; and
comply with all
WHEREAS in order to implement the federal regulatoryrequirements described above the City has entered into
"Agreement to Implement the Alameda County Urban Runoff Clean Water
Program " dated July 1991; and
WHEREAS , on October 16 , 1991 the California Regional Water
Quality Control Board , San Francisco Bay Region issued Order No.91-146 , NPDES Permit No. CA 0029831 , regulating, inter alia , storm
water discharges by the City of Alameda; 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, 4 , 5 , 7 , 8, 9 , and/or 21 of the CEQA Guidelines (Title
, California Code of Regulations sections 15301-15329); and
WHEREAS , this ordinance has been duly processed with proper
public notice and full environmental review; and
WHEREAS , the City Council has conducted legally noticed public
hearings and have provided all interested parties an opportunity to
be heard on these issues; and
WHEREAS the City Council has carefully considered theproposed storm Water Management Program and finds that saidproposed storm Water Management Program complies with therequirements of applicable federal and state law , and further that
said Program contributes to the comprehensiveness of the City of
Alameda General Plan and provides an acceptable plan for the
conservation of water resources within the City of Alameda and
protection of the health safety and general welfare of itscitizens.
Section 2 The Alameda Municipal Code is hereby amended by
adding Chapter V entitled "Storm Water Management 8nd DischargeControl Program" to Title VI (Sewers and Connections) to read asfollows:
CHAPTER 5.STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Article Article Article Article
Title Purpose and General Provisions
Discharge Regulations and Requirements
Inspection and Enforcement
Coordination with Other Programs
Sec. 6-511. TITLE This Chapter shall be known as the "storm
Water Management and Discharge Control Ordinance of the City of
Alameda" and may be so cited.
Sec. 6-512. PURPOSE AND INTENT . The purpose of this Chapter
is to ensure the future health , safety, and general welfare of City
of Alameda 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 thanstorm water.
(c) reducing pollutants in storm water discharges to the
maximum extent practicable.
The intent of this Chapter is to protect and enhance the waterquali ty of our watercourses , water bodies , and wetlands in a manner
pursuant to and consistent with the Clean Water Act.
Sec. 6-513. DEFINITIONS Except where the context otherwiserequires, the definitions given in the following sections govern
the construction of this Chapter-(a) 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 shallhave 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: dischargeillicit discharge pollutant and storm water. These termspresently are defined as follows:
(1) "Discharge" (a) shall mean any addition of any
pollutant to navigable waters from any point source , or (b) anyaddi tion of any pollutant to the waters of the contiguous zone orthe ocean from any point source other than a vessel or otherfloating craft.
(2) "Illicit discharge" shall mean any discharge to the
City storm sewer system that is not composed entirely of storm
water except discharges pursuant to a National Pollutant DischargeElimination System (NPDES) permit and discharges resulting fromfire fighting acti vi ties.
(3) "Pollutant" shall mean dredged soil, solid waste
incinerator residue , sewage , garbage, sewage sludge , munitionschemical wastes , biological materials , radioactive materials , heatwrecked or discarded equipment, rock, sand cellar dirt andindustrial, municipal , and agricultural waste discharge into water.
(4) "Storm water" shall mean storm water runoff snowmelt runoff , and surface runoff and drainage.
(b) When used in this Chapter, the following words shall
have the meanings ascribed to them in this Section:
(1 )City off icial :"Authorized Enforcement Official II the following
Public Works Director or his/her designee.
(2) "Best management practices ("BMPs"
)"
shall meanschedules of acti vi ties , prohibitions of practices , general good
housekeeping practices , pollution prevention practices , maintenanceprocedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to "waters of the
Uni ted 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 rawmaterial storage.
(3) "City" shall mean the City of Alameda.
(4) "Ci ty storm Sewer System" shall include 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 r adswith drainage systems , municipal streets, catch basins, curbsgutters, ditches , man-made channels or storm drains , which is not
part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR 122.
(5) "Non-storm water discharge" shall mean any discharge
that is not entirely composed of storm water.
(6) "Premises" shall mean any building, lot parcel , realestate, or land or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Sec. 6-514. RESPONSIBILITY FOR ADMINISTRATION . This Chaptershall be administered for the City by the Director of Public Works.
Where storm drain facilities and/or watercourses have been accepted
for maintenance by the Alameda County Flood Control and WaterConservation District (ACFCWCD) or other public agency legallyresponsible for certain watercourses , then the responsibility for
enforcing the provisions of this Chapter may be assigned to such
agency (through contract or agreement executed by the City and such
agency) with respect to those watercourses for which they have
accepted maintenance.
Sec. 6-515. CONSTRUCTION AND APPLICATION.This Chapter shallbe construed to assure consistency with the requirements of thefederal Clean Water Act and acts amendatory thereof supplementary thereto, applicable implementing regulations, andNPDES Permit No. CA0029831 and any amendment, revision orreissuance thereof.
Sec. 6-516. SEVERABILITY AND VALIDITY If any portion ofthis Chapter is declared invalid , the remaining portions of this
Chapter are to be considered valid.
Sec. 6-517. TAKING . The provisions of this Chapter shall not
operate to deprive any landowner of substantially all of the marketvalue of his/her property or otherwise constitute unconstitutional taking without compensation. If application ofthis Chapter to a specific project would create a taking thenpursuant to the ordinance the City Council may allow additionalland
uses , but only to the extent necessary to avoid a taking. Suchuses shall be consistent with and carry out the purposes of this
Chapter as stated in Chapter 6-512 above.
Article Discharqe Reguiations and Requirements
Sec. 6-521.DISCHARGE OF POLLUTANTS.
The discharge of non-storm water discharges to the City storm sewer
system is prohibited. All discharges of material other than storm
water must be in compliance with a NPDES permit issued for thedischarge (other than NPDES permit No. CA0029831).
Sec. 6-522.EXCEPTIONS TO DISCHARGE PROHIBITION
The following discharges are exempt from the prohibition set forth
in section 6-521 above.
(a) The prohibition on discharges shall not apply to anydischarge regulated under National Pollutant DischargeElimination 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
permi t and other applicable laws or regulations.
(b) 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 , 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
swimming pool discharges or flows from fire fighting, and
accordingly are not subject to the prohibition on discharges.
Sec. 6-523. DISCHARGE IN VIOLATION OF PERMIT . Any discharge
that would result in or contribute to a violation of NPDES Permit
No. CA0029831, and any amendment , revision or reissuance thereof,either separately considered or when combined with otherdischarges, is prohibited. Liability for any such discharge shall
be the responsibility of the person(s) causing or responsible for
the discharge , and such persons shall defend, indemnify and hold
harmless the city in any administrative or judicial enforcement
action relating to such discharge.
Sec. 6-524. ILLICIT DISCHARGE AND ILLICIT CONNECTIONS . It
prohibited to establish , use , maintain or continue illicitdrainage connections to the City storm sewer system , and
commence or continue any illicit discharges to the City storm sewersystem. This prohibition is expressly retroactive and applies to
connections made in the past, reg rdless of whether made under a
permit or other authorization or whether permissible under the lawor practices applicable or prevailing at the time of theconnection.
Sec. 6-525. REDUCTION 0:- POLLUTANTS IN STORM WATER Any
person engaged in activities which will or may result in pollutantsentering the City storm sewer system shall undertake all
practicable measures to reduce such pollutants. Examples of such
activities include ownership and use of facilities which may be a
source of pollutants such as parking lots , gasoline stations
industrial facilities , commercial facilities , stores fronting citystreets, etc. The following minimal requirements shall apply.
Sec. 6-526.LITTERING.
No person shall throw , deposit , leave, maintain , keep, or
permit to be thrown, deposited , placed, left or maintained, anyrefuse, rubbish, garbage , or other discarded or, abandoned objectsarticlesand accumulations in or upon any street, alley,sidewalk, storm drain , inlet catch basin, conduit or other
drainage structures , business place, or upon any public or private
lot of land in the City, so that the same might be or become a
pollutant, except in containers or in lawfully established dumping
grounds.
The occupant or tenant , or in the absence of occupant ortenant, the owner, lessee, or proprietor of any real property in
the City of Alameda in front of which there is a paved sidewalk
shall maintain said sidewalk free of dirt or litter to the maximum
extent practicable. Sweepings from said sidewalk shall not be
swept or otherwise made or allowed to go into the gutter or
roadway, but shall be disposed of in receptacles maintained on said
real property as required for the disposal of garbage.
No person shall throw or deposit litter in any fountain, pond,
lake , stream or any other body of water in a park or elsewherewithin the city.
Sec. 6-527. STANDARD FOR PARKING LOTS AND SIMILAR STRUCTURES
Persons owning or operating a parking lot, gas station pavement or
similar structure shall clean those structures as frequently and
thoroughly as practicable in a manner that does not result in
discharge of pollutants to the City storm sewer system.
Sec. 6 - 528 . BEST MANAGEMENT PRACTI CES FOR NEW DEVELOPMENTS
AND REDEVLOPMENTS Any construction contractor performing work in
the City shall endeavor , whenever possible , to provide filter
materials at the catch basin to retain any debris and dirt flowing
in to the City's storm sewer system. The (Director of Public
Works) may establish controls on the volume and rate of storm waterrunoff from new developments and redevelopments as may be
appropriate to minimize the discharge and transport of pollutants.
Sec. 6-529. NOTIFICATION AND INTENT OF COMPLIANCE WITH
GENERAL PERMITS Each industrial discharger dischargerassociated with construction acti vi ty, or other discharger,described i any general storm water per it addressing suchdischarges, as may be adopted by the United States Environmental
Protection Agency, the State Water Resources Control Board , or the
California Regional Water Quality Control Board, San Francisco Bay
Region , shall provide notice of intent, comply with, and undertake
all other activities required by any general storm water permit
--'''- --
applicable to such discharges.
Each discharger identified in an individual NPDES permit
relating to storm water discharges shall comply with and undertake
all activities required by such permit.
Sec. 6-5210. COMPLIANCE WITH BEST MANAGEMENT PRACTICES
Where best management practices guidelines or requirements have
been adopted by any federal, State of California, regional, andlor
city agency, for any activity, operation , or facility which may
cause or contribute to storm water pollution or contamination,
illicit discharges , and/or discharge of non-storm water to the
storm water system every person undertaking such activity oroperation, or owning or operating such facility shall comply with
such guidelines or requirements as may be identified by the
Director of Public Works.
Sec. 6-5211. WATERCOURSE PROTECTION Every person owning
property through which a watercourse passes , or such . person' s
lessee or tenant shall keep and maintain that part of thewatercourse wi thin the property reasonably free of trash, debris,
excessive vegetation, and other obstacles which would pollutecontaminate, or significantly retard the flow of water through the
watercourse; shall maintain existing privately owned structures
within or adjacent to a watercourse , so that such structures will
not become a hazard to the use , function , or physical integrity ofthe watercourse; and shall not remove healthy bank vegetation
beyond that actually necessary for said maintenance , nor remove
said vegetation in such a manner as to increase the vulnerability
of the watercourse to erosion.
No person shall commit or cause to be committed any of thefollowing acts , unless a written permit has first been obtained
from the Director of Public Works or his/her designee.
(a) Dischargewatercourse;into or connect any pipe or channel to a
(b)Modify the natural flow of water in a watercourse;
(c) Carry out development within thirty feet of the center
line of any creek or twenty feet of the top of a bank;
(d) Deposit in, plant in, or remove any material from a
watercourse including its banks , except as required for necessarymaintenance;
(e) Construct , alter , enlarge , connect to, change , or remove
any structure in a watercourse; or
(f) Place any loose or unconsolidated material along the
side of or wi thin a watercourse or so close to the side as to cause
a diversion of the flow , or to cause a probability of such materialbeing carried away by storm waters passing through suchwatercourse.
Article Inspection and Enforcement
Sec. 6-531. AUTHORITY TO INSPECT . Whenever necessary to make
an inspection to enforce any of the provisions of this Chapter, or
whenever an authorized enforcement official has reasonable cause to
believe that there exists in any building or upon any premises any
condition which constitutes a violation of the provisions of this
Chapter, the official may enter such building or premises at all
reasonable times to inspect the same or perform any duty imposed
upon the official by this Chapter; provided that (i) if suchbuilding or premises be occupied , he or she shall first present
proper credentials and request entry; and (ii) if such building or
premises be unoccupied, he or she shall first make a reasonableeffort to locate the owner .or other persons having charge or
control of the building or premises and request entry.
Any such request for entry shall state that the property owner
or occupant has the right to refuse entry and that in the event
such entry is refused, inspection may be made only upon issuance of
a search warrant by.a duly authorized magistrate. In the event the
owner and/ or occupant refuses entry after such request has been
made , the official is hereby empowered to seek assistance from any
court of competent jurisdiction in obtaining such entry.
Routine or area inspections shall be based upon such
reasonable selection processes as may be deemed necessary to carry
out the objectives of this Chapter , including but not limited to
random sampling and/or sampling in areas with evidence of storm
water contamination , illicit discharges , discharge of non-storm
water to the storm water system , or similar factors.
Sec. 6-532. AUTHORITY TO SAMPLE AND ESTABLISH SAMPLINGDEVISESThe City shall have the right to establish on anyproperty such devices as are necessary to conduct sampling or
metering operations. During all inspections as provided herein,
the official may take any samples deemed necessary to aid in the
pursuit of the inquiry or' in the recordation of the activities
onsi te.
Sec. 6-533. NOTIFICATION OF SPILLS.As soon as any person in
charge of a facility or responsible for emergency response for afacili ty has knowledge of any confirmed or unconf irmed release ofmaterials, pollutants or waste w ich may result in pollutants or non-storm . water discharges entering the City storm sewer system
such person shall take all necessary steps to ensure the discovery
and containment and clean up of such release and shall notify the
City of the occurrence by telephoning the Department of Public
Works and confirming the notification by correspondence to the
Public Works Director.
Sec. 6-534. REQUIREMENT TO TEST OR MONITOR.Any authorized
enforcement official may request that any person engaged in any
activity and/or owning or operating any facility which may caus e or
contribute to storm water pollution or contamination, illicitdischarges, and/or discharge of non-storm water to the storm water
system, undertake such monitoring activities and/or analyses and
furnish such reports as the official may specify. The burdenincluding costs , of these activities, analyses and reports shall
bear a reasonable relationship to the need for the monitoring,
analyses and reports and the benefits to be obtained. Therecipient of such request shall undertake and provide the
monitoring, analyses and/or reports requested.
Sec. 6-535. CONTINUING VIOLATION . Unless otherwise provideda person , firm, corporation or organization sQal1 be deemed guilty
of a separate offense for each and every day during any portion of
which a violation of this Chapter is committed, continued or
permitted by the person , firm , corporation or organization and
shall be punishable accordingly as herein provided.
Sec. 6-536. CONCEALMENT Causing, permitting, aiding,
abetting or concealing a violation of any provision of this Chapter
shall constitute a violation of such provision.
Sec. 6-537. ACTS POTENTIALLY RESULTING IN VIOLATION OF
FEDERAL CLEAN WATER ACT AND/OR PORTER-COLOGNE ACT . Any person who
violates any provision of this Chapter, any provision of any permit
issued pursuant to this Chapter, or who discharges waste or
wastewater which causes pollution, or who violates any cease and
desist order , prohibition , or effluent limitation,may also be in
violation of the federal Clean Water Act and/or Porter-Cologne Act
and may be subject to the sanctions of those Act including civil
and criminal penalty. Any enforcement action authorized under thisChapter should also include notice to the violator of such
potential liability.
Sec. 6-538. VIOLATIONS DEEMED A PUBLIC NUISANCE . In addition
to any other penalties allowed , any condition caused or permitted
to exist in violation of any of the provisions of this Chapter is
a threat to the public health , safety and welfare , and is declared
and deemed a nuisance , and may be summarily abated and/or restoredby any authorized enforcement official, and/or ciyil action toabate, enjoin or otherwise compel the cessation of such ' nuisance
may be taken by the city attorney.
The cost of such abatement and restoration shall be borne by
the owner of the property and the cost thereof shall be a lien upon
and against the property and such lien shall continue in existence
until the same shall be paid. If the lien is not satisfied by theowner of the property wi thin three (3) months after the completion
by the authorized enforcement official of the removal of thenuisance and the restoration of the property to its original
condi tion, the property may be sold in satisfaction thereof in a
like manner as other real property is sold under execution.
If any violation of this Chapter constitutes a seasonal and
recurrent nuisance , the City Council shall so declare. Thereafter
such seasonal and recurrent nuisance shall be abated every year
wi thout the necessity of any further hearing.
Sec. 6-539.CIVIL ACTIONS.
In addition to any other remedies provided in this Article , any
violation of this Chapter 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.
(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 forcosts associated with monitoring and establishing storm water
discharge pollution control systems and/or implementing or
enforcing the provisions of this ordinance.
Sec. 6-5310. ADMINISTRATIVE ENFORCEMENT POWERS In addition
to the other enforcement powers and remedies established by this
Chapter , any authorized enforcement official has the authority to
utilize the following administrative remedies.
Sec. 6-5311. CEASE AND DESIST ORDERS When an authorized
enforcement official finds that a discharge has taken place or is
likely to take place in violation of this Chapter , the official mayissue an order to cease and desist .such discharge , or practice , oroperation likely to cause such discharge and direct that thosepersons not complying shall: a) comply with the requirement, comply with a time schedule for compliance, and/or c) takeappropriate remedial or preventive action to prevent the violation
from recurring .
Sec. 6-5312. NOTICE TO CLEAN Whenever an authorized
enforcement official finds any oil , earth , dirt , grass , weeds , deadtrees, tin cans , rubbish , refuse , waste or any other material of
any kind, in or upon the sidewalk abutting or adjoining any parcel
of land , or upon any parcel of land or grounds , which may result in
an increase in pollutants entering the City storm sewer system or
a non-storm water discharge to the City storm sewer system , he or
she may give notice to remove such oil, earth , dirt , grass, weeds,
dead trees, tin cans, rubbish , refuse , waste or other material , in
any manner that he or she may reasonably provide. The recipient of
such notice shall undertake the activities as described in thenotice.
Sec. 6-5313. AUTHORITY TO ARREST OR ISSUE CITATIONS
Authorized enforcement officials shall have and are hereby vested
with the authority to arrest or cite any person who violates any
Section of this Code in the manner provided by the California Penal
Code for the arrest or release on citation of misdemeanor
infractions as prescribed by Chapter 5, 5c, and 5dof Title 3, Part
2 of the Penal Code (or as the same may be hereinafter amended).
Such authorized enforcement officials or employees may issue
a citation and notice to appear in the manner prescribed by Chapter
5c of Title 3 , Part 2 of the Penal Code , including Section 853.
(or as the same may hereafter be amended). It is the intent of the
City Council that the immunities prescribed in Section 836.5 of the
Penal Code be applicable to public officers or employees or
employees acting in the course and scope of employment pursuant to
this Chapter.
Bail for infractions shall be as set by resolution of the City
Council.
Sec. 6-5314. REMEDIES NOT EXCLUSIVE Remedies under this
Article are in addition to and do not supersede or limit any and
all other remedies , civil or criminal. The remedies provided for
herein shall be cumulative and not exclusive.
Article IV.Coordination with other Proqrams
Sec. 6-541. COORDINATION WITH HAZARDOUS MATERIALS INVENTORY
AND RESPONSE PROGRA The first revision of the business plan for
any facility subject to the City's hazardous materials inventory
and response program shall include a program for compliance with
this Chapter including the prohibitions on non-storm water
discharges and illicit discharges , and the requirement to reduce
storm water pollutants to the maximum extent practicable.
Article V.Fees
Sec. 6-551 . The ity Coun il shall establish, by resolution,
any fees necessary to carry out the purpose of this Chapter.
Section 3 This Ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
Attest:
g lb :htL
C t y Clerk
I, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 19th day of,
Mav , 1992, by the following vote to wit:
AYES:Councilmembers Lucas , Roth and
President Withrow -
NOES:Councilmembers Arnerich and Camicia -
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this 20th day of Mav , 1992.
Diane B. Felsch , City Clerkci ty of Alameda