Ord 1940 - Establishing Requirements for Storm Water Pollution ControlORDINANCE 1940
ORDINANCE OF THE TOWN OF LOS GATOS
ESTABLISHING REQUIREMENTS FOR STORM WATER POLLUTION CONTROL
WHEREAS, the U.S. Environmental Protection Agency has identified urban Storm
Water runoff as the leading cause of water pollution in the United States. Furthermore,
both federal and state agencies have identified Storm Water runoff from TOWN OF LOS
GATOS as a major source of pollution adversely impacting the beneficial uses of the South
San Francisco Bay. As a result, the California Regional Water Quality Control Board, San
Francisco Bay Region, has issued a National Pollutant Discharge Elimination System
( "NPDES ") permit requiring TOWN OF LOS GATOS to establish laws sufficient to protect
its Municipal Storm Drain system from certain prohibited Discharges. TOWN OF LOS
GATOS is also required to implement a Storm Water management program to assure that
Storm Water runoff from TOWN OF LOS GATOS does not cause or contribute to a
violation of the water quality standards of South San Francisco Bay.
WHEREAS, the purpose of this Article is therefore to provide minimum
requirements designed to control the Discharge of pollutants into TOWN OF LOS
GATOS's Municipal Storm Drain System and to assure that Discharges from TOWN OF
LOS GATOS's Municipal Storm Drain System comply with applicable provisions of the
federal Clean Water Act and the National Pollutant Discharge Elimination System Permit
No. CA0029718. Enactment of this Article falls within the scope of TOWN OF LOS
GATOS's police power to protect the health, safety, and welfare of its residents. Nothing
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in this Article is intended to preclude more stringent federal or state regulation of any
activity covered by this Article.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Article III of Chapter 22 is added to the Town Code of the Town of Los Gatos to
read as follows:
ARTICLE III
STORM WATER POLLUTION CONTROL
Sec. 22.30.010. Definitions.
The following words and phrases, when used in this Article, shall be as defined
herein. Words and phrases used in this Article and not otherwise defined shall be as
defined in the regulations promulgated by the U.S. Environmental Protection Agency to
implement the requirements of the federal Clean Water Act, or as defined by the State
Water Resources Control Board to implement the California Water Code.
"Applicable Materials" means all materials used in industrial or commercial
establishments that are stored outdoors, that may be exposed to Storm Water, and that have
the reasonable potential. to degrade the quality of runoff from the site. These include, but
are not limited to, all materials containing cadmium, chromium, copper, lead, mercury,
nickel, selenium, silver, and zinc, which are pollutants that have specifically been identified
as known to contribute to impairment of applicable water quality standards.
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"Discharge" means the discharge, addition, placement, deposit, release or dumping
of any pollutant or combination of pollutants to surface waters from any point source. This
definition includes, but is not limited to, additions of pollutants into waters from: surface
runoff and discharges through pipes, sewers, channels, or other conveyances owned by a
State, municipality, or other person which do not lead to a treatment works.
"Grease" means, and includes, fats, oils, waxes, or other related constituents. Grease
may be of mineral origin, including kerosenes, lubricating oil, and road oil. Grease may
also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and
oils, fats in meats, cereals, seeds, nuts, and certain fruits. Grease is generally present as,
but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.
"Grease Generating Activity" means any commercial or industrial activity that uses
or produces Grease on an ongoing basis.
"Grease Removal Device" means an interceptor or other mechanical device designed,
constructed, and intended to remove, hold, or otherwise prevent the passage of Grease to
the (sanitary sewer or) Municipal Storm Drain System.
"Interceptor" means a receptacle or trap designed and constructed to intercept,
separate, and prevent the passage of prohibited substances into the (sanitary sewer or)
Municipal Storm Drain System.
"Major Development or Redevelopment Project" means construction activities that
result in the disturbance of five or more acres of total land area.
"Municipal. Storm Drain System" means and includes, but shall not be limited to,
those facilities within the municipality by which Storm Water may be conveyed to waters
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of the United States, including any roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man -made channels or storm drains, which are not part of
a Publicly Owned Treatment Works (POTW).
"NPDES Permit" means a valid National Pollutant Discharge Elimination System
permit issued by the California Regional Water Quality Control Board, San Francisco Bay
Region, in accordance with regulations promulgated by the U.S. Environmental Protection
Agency to implement the requirements of the federal Clean Water Act.
"Pollutants" mean and include all sewage, sewage sludge, garbage, biological
materials, radioactive materials, and chemical, industrial, and agricultural waste Discharged
into water.
"Storm Water" means all rainfall runoff, surface runoff, and drainage.
"Watercourses" mean and include all natural waterways and definite channels and
depressions in the earth that carry water, even though such waterways may only carry water
during rains and storms and may not carry Storm Water at and during all times and
seasons. Watercourses include facilities owned and operated by the Santa Clara Valley
Water District.
Sec. 22.30.015. Requirements.
NON -STORM WATER DISCHARGES
A. Discharge Prohibition. No person shall Discharge or cause to be Discharged
into the Municipal Storm Drain System or Watercourses any materials other
than Storm Water. In addition, no person shall Discharge or cause to be
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Discharged into the Municipal Storm Drain System or Watercourses, any
Pollutants or waters containing any Pollutants that cause or threaten to
contribute to a violation of applicable water quality standards. It shall also
be unlawful to Discharge, or cause to be Discharged into any storm drain or
natural outlet or channel, any sewage, industrial waste or other polluted
waters or materials without a valid NPDES permit or written authority from
the U.S. Environmental Protection Agency or its designated enforcement
agent.
B. Exceptions to Discharge Prohibition. The preceding Discharge Prohibition
shall not apply to any Discharge that is specifically authorized by an NPDES
permit to flow to a storm drain or natural outlet or channel. In addition, the
California Regional Water Quality Control Board, San Francisco Bay Region,
has determined that the Discharge Prohibition shall not apply to the following
"permissible" activities: water line flushing, landscape irrigation /lawn watering,
uncontaminated foundation drains, uncontaminated non - industrial roof drains,
irrigation water, uncontaminated groundwater infiltration, residential car
washings, flows from fire fighting, flows from potable water sources, and
dechlorinated swimming pool waters. ,
C. Protection Against Accidental Discharge. The owner or operator of a
commercial. or industrial establishment shall provide reasonable protection
from accidental Discharge of prohibited materials or other wastes into the
Municipal Storm Drain System or Watercourses. Facilities to prevent
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accidental Discharge of prohibited materials or other wastes shall be provided
and maintained at the owner or operator's expense.
D. Report of Accidental Discharges. Where an accidental Discharge of
prohibited materials or other wastes has entered the Municipal Storm Drain
System or a Watercourse, such incident shall be reported to West Valley
Sanitation District as soon as possible, but in no event later than 24 hours
after such a Discharge. An accidental discharge of toxics must be reported
immediately to Central Fire District - Phone 911. If the accidental Discharge
of prohibited materials or other wastes emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on -site written record of the Discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least three
years. A notice shall. be permanently posted in a conspicuous place on the
premises of each commercial or industrial establishment advising employees
of the department or agency to call in case of such an accidental Discharge.
Sec. 22.30.020. Water Protection.
A. Watercourse Protection Requirements. Every person owning property through
which a Watercourse passes, or such person's lessee, shall keep and maintain
that part of the Watercourse within the property reasonably free of trash,
debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the Watercourse.
In addition, the owner or lessee shall maintain existing privately owned
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structures within or adjacent to a Watercourse, so that such structures will not
become a hazard to the use, function, or physical integrity of the Watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that
actually necessary for maintenance, nor remove said vegetation in such a
manner as to increase the vulnerability of the Watercourse to erosion.
B. Acts Requiring Permit. No person shall commit or cause to be committed
any of the following acts unless a written permit has first been obtained from
the Building and Engineering Services Department:
(1) Discharge into or connect any pipe or channel to a Watercourse;
(2) Modify the natural flow of water in a Watercourse;
(3) Carry out development within a setback designed in whole or in part
to protect a Watercourse;
(4) Deposit in, plant in, or remove any material from, a watercourse,
including its banks, except as required for necessary maintenance;
(5) Construct, alter, enlarge, connect to, change, or remove any structure
in a Watercourse; or
(6) Place any loose or unconsolidated material along the side of or within
a Watercourse or so close to a side as to cause a diversion of the flow,
or to cause a probability of such material being carried away by Storm
Water passing through such Watercourse.
Sec. 22.30.025. Outdoor Storage of Materials.
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A. Proper Outdoor Storage of Materials Required. All Applicable materials
stored outdoors at a commercial or industrial establishment shall be managed
in a manner that minimizes the Discharge of Pollutants to Storm Water and
as is required to meet water quality standards. Establishments covered by the
General NPDES Permit for Storm Water Discharges "Associated With
Industrial Activities" that has been promulgated for Santa Clara County by the
California Regional Water Quality Control Board, San Francisco Bay Region,
shall address this requirement in applicable provisions of their Storm Water
Pollution Prevention Plan.
B. Protection Against Accidental Discharge. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection
from accidental Discharge of Applicable Materials to the Municipal Storm
Drain System or Watercourses. Specifically, secondary containment systems
or equivalent measures approved by Building and Engineering Services
Department shall be provided for all Applicable Materials that are liquids.
All facilities to prevent the accidental Discharge of Applicable Materials to
the Municipal Storm Drain System and Watercourses shall be provided and
maintained at the owner or operator's expense.
C. Report of Accidental Discharge to the Storm Drain. Where Applicable
Materials have entered the Municipal Storm Drain System or a Watercourse
due to an accidental Discharge at a commercial or industrial establishment,
the owner or operator of such establishment shall report such incident to
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Central Fire Protection District as soon as possible, but in no event later than
24 hours after such a Discharge. The owner or operator of such establishment
shall also retain an on -site written record of all accidental Discharges of
Applicable Materials (whether or not such Discharge actually entered the
Municipal Storm Drain System or a Watercourse) and the actions taken to
prevent their recurrence. Such records shall be retained for at least five years.
A notice shall be permanently posted in a conspicuous place on the premises
of each commercial or industrial establishment advising employees of the
department or agency to call in case of such an accidental Discharge.
See. 22.30.030. Grease Disposal and Control.
A. Grease Disposal Prohibited. No person shall dispose of any Grease, or cause
any Grease to be disposed, by Discharge into any drainage piping, (any public
or private sanitary sewer), any part of the Municipal Storm Drain System, or
any land, street, public way, river, stream, or other Watercourse.
B. Grease Removal Device Required. The owner or operator of every newly
constructed, remodeled, or converted commercial or industrial establishment
with one or more Grease Generating Activities shall install or cause to be
installed for each Grease Generating Activity, a Grease Removal Device (of
an approved design) for preventing the passage of Grease to the Municipal
Storm Drain System and Watercourses.
C. Maintenance of Grease Removal Devices Required. The contents of all
Grease Removal Devices shall be removed periodically as necessary to
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prevent a violation of this chapter. At a minimum, the contents shall be
removed every 90 days. All Grease Removal Devices shall be kept in good
repair, and shall be maintained in continuous operation at the owner or
operator's expense.
Sec. 22.30.035. New Development /Redevelopment
A. Storm. Water Management Required for Major Projects. Every applicant for
a building permit for a Major Development or Redevelopment Project shall
identify the potential for Storm Water to be Discharged from the project site
following completion of construction activity and shall demonstrate that the
plans, drawings, or specifications for such project include the installation of
management techniques, practices, and control measures designed to mitigate
the potential adverse impacts of Storm Water that may be Discharged from
the project site on an ongoing basis.
B. Issuance of Building Permit. The Building and Engineering Services
Department shall not issue a building permit for a Major Development or
Redevelopment Project until it has reviewed the mitigation measures proposed
by the applicant pursuant to the preceding paragraph and determined that
they are sufficient to address the potential adverse impacts of Storm Water
that may be Discharged from the project site on an ongoing basis.
C. Occupancy_. The Building and Engineering Services Department shall not
issue a Certificate of Occupancy for a Major Development or Redevelopment
Project until it has determined that the mitigation measures identified in the
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building permit issued for such project have been adequately implemented and
that appropriate arrangements have been made to ensure that these
management techniques, practices, and control measures will be maintained
on an ongoing basis.
Sec. 22.30.040. Enforcement.
A. Criminal Penalties. Any person who knowingly violates any provision of this
Article shall be guilty of a misdemeanor and upon conviction thereof shall be
punishable by imprisonment in the county jail for a term not to exceed six
months or by a fine not to exceed $1,000 or by both. Each and every
violation of this Article shall constitute a separate offense. Every day each
such violation continues shall be an additional offense.
B. Civil Penalties. Any person who discharges any applicable materials, greases
or pollutants into a watercourse or the municipal storm drain system in
violations of any provision of this Article shall be civilly liable to the TOWN
OF LOS GATOS in a sum not to exceed $2,000 per day for each day in
which the violation occurs. In determining the amount of such award, the
court shall consider proof of such matters as justice may require. Subsequent
or repeated violation, which are not committed contemporaneously with the
initial violation, shall be treated as separate cause of action and shall be
subject to a separate award of damages.
C. Civil Liability. Any person who violates any provision of this Article shall be
civilly liable to the TOWN OF LOS GATOS for all costs, including attorneys
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fees, associated with the investigation, elimination and remediation of
environmental conditions caused by the Discharge of Pollutants into the
Municipal Storm Drain System or a watercourse in violation of this Article.
D. Remedies Cumulative. The remedies provided for in this Article are
cumulative and not exclusive and shall be in addition to any and all other
remedies available to the TOWN OF LOS GATOS under State and federal
law.
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council ' of the
Town of Los Gatos on April 5, 1993, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
MAY 3 , 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: &-pok�
AYOR OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
�- TTEST:
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CLERK OF THE TOWN OTC' LOS GATOS
LOS GATOS, CALIFORNIA
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