Loading...
HomeMy WebLinkAboutOrdinance 407, Stormwater Pollution Control, Article 7-12 ORDINANCE NO. 407 AN ORDINANCE CREATING ARTICLE 7-12 OF THE SARATOGA CITY CODE TO IMPLEMENT POLICIES OF THE SAN FRANCISCO BAY MUNICIPAL REGIONAL STORMWATER PERMIT AND MAKING CONFORMING AMENDMENTS TO ARTICLE 6-15 (MISCELLANEOUS OFFENSES) AND CHAPTER 17 (SUSTAINABILITY) The City Council of the City of Saratoga finds that: 1. On May 11, 2022, the California Regional Water Quality Control Board, San Francisco Bay Region, issued National Pollutant Discharge Elimination System permit No. CAS612008, the San Francisco Bay Municipal Regional Stormwater Permit ("NPDES Permit"). The NPDES Permit applies to cities, counties, and other agencies, including the City of Saratoga, whose storm drain systems and watercourses empty into the San Francisco Bay. 2. The NPDES Permit broadly requires permittees to prohibit the discharge of non- stormwater(materials other than stormwater) into storm drain systems and watercourses and requires imposition of a range of more specific regulatory measures towards that end. 3. To ensure that residents, businesses, and property owners understand their obligations under the NPDES Permit, this ordinance creates Article 7-12 of the Saratoga City Code. This Article sets forth the broad limitations of the NPDES Permit and includes provisions to streamline compliance with and enforcement of various of the NPDES Permit's specific requirements. Article 7-12 also incorporates existing requirements related to the NPDES Permit which are currently codified in sections 6-15.070, 6-15.080, and 6-15.085 of the Code. For the sake of clarity and convenience, these requirements are deleted from those sections and readopted with minor changes in Article 7-12. 4. The City Council of the City of Saratoga held a duly noticed public hearing on March 5, 2025,and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance and waived the reading thereof. 5. The City Council adopted this Ordinance at a duly noticed regular meeting on March 19, 2025. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. The Saratoga Municipal Code is amended as set forth in Attachment 1 to add a new Article 7-12 (Stormwater Pollution Control), delete Sections 6-15.070, 6-15.080, and 6-15.085, and amend Section 17-05.010. Ordinance 407 Page 2 Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section,paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after the ordinance's adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on March 5, 2025, and was adopted by the following vote on March 19, 2025. AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA, ZHAO; VICE MAYOR PAGE; MAYOR AFTAB NOES: NONE ABSENT: NONE ABSTAIN: NONE &a4t-TW�(&02 Belal Y. A ab, May ATTEST: Britt Avrit,MMC, City Clerk APPROVED AS TO FORM: DATE: Richard Taylor CITY ATTORNEY Ordinance 407 Page 3 Attachment 1 CREATING ARTICLE 7-12 OF THE SARATOGA CITY CODE TO IMPLEMENT POLICIES OF THE SAN FRANCISCO BAY MUNICIPAL REGIONAL STORMWATER PERMIT AND MAKING CONFORMING AMENDMENTS TO ARTICLE 16 (MISCELLANEOUS OFFENSES) AND CHAPTER 17 (SUSTAINABILITY) The Saratoga Municipal Code is amended as set forth below. Text in italics (example) is explanatory and not a part of the Code or amendments. For provisions that are amended,text to be added is indicated in bold double-underlined font exam le , text to be deleted is indicated in strikeout font(example), and text in standard font is readopted. 1. Article 7-12 is adopted as set forth below to implement the requirements imposed upon the City under the National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board. Article 7-12—STORMWATER POLLUTION CONTROL. 7-12.005—National Pollutant Discharge Elimination System Permit. (a) This Article implements the requirements of the San Francisco Bay Municipal Regional Stormwater Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, to the City of Saratoga under the National Pollutant Discharge Elimination System, in accordance with the Federal Clean Water Act and the California Water Code. At the time this Article was adopted, National Pollutant Discharge Elimination System ("NPDES") Permit No. CAS612008 (dated May 11, 2022)was in effect. The NPDES Permit is updated every five years. (b) The NPDES Permit prohibits discharge of any pollutant into any storm drain system and all watercourses in the City of Saratoga. Federal and state law require the City to enforce the NPDES Permit. (c) All discharges prohibited by the NPDES Permit are prohibited in Saratoga. Without limiting the generality of the foregoing, this article sets forth specific requirements concerning various aspects of the NPDES Permit applicable to many things in Saratoga. Any violation of this Section shall constitute a misdemeanor. Each and every separate discharge prohibited by the NPDES Permit shall be considered a separate offense. 7-12.010—Definitions. (a) As used in this Article, "NPDES Permit" means the San Francisco Bay Municipal Regional Stormwater Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, to the City of Saratoga under the National Pollutant Discharge Elimination System, in accordance with the Federal Clean Water Act and the California Water Code and as that permit may be updated from time to time. Ordinance 407 Page 4 (b) The term "pollutant," as used in this Article, shall mean any material other than stormwater, including but not limited to all sewage, sewage sludge, trash, biological materials, radioactive materials, and chemical, industrial, and agricultural waste discharges, whether in a solid or liquid state, and any hazard material as defined in Section 8-05.050(e) of this Code. (c) The term "watercourse," as used in this Article, shall mean and include all natural waterways and definite channels and depressions in the earth which carry water, even though such waterways may only carry water during rains and storms and do not carry stormwaters at and during all times and seasons. 7-12.020—Discharge of pollutants into storm drains and watercourses. (a)No person shall place, deposit, dump, discharge, or cause to be placed, deposited, dumped, or discharged any pollutant, including, but not limited to, rubbish, refuse, bark, sawdust, or other solid wastes, or water containing any pollutant into any natural or artificial storm drain or watercourse in the City. (b)Any violation of this Section shall constitute a misdemeanor.Each and every separate discharge of a pollutant into a watercourse or storm drain as described in subsection (a) of this Section shall be considered a separate offense. 7-12.030—Obstruction of watercourses. (a)No person shall place or throw, or cause to be placed or thrown any brush, timber, lumber, or pollutant, including any trash, debris, cans, bottles or the carcass of any dead animal, into any watercourse, including any stream or creek, or into the bed or upon the bends thereof, within the City. This Section shall not apply to brush, timber or lumber, or other materials placed for the protection of the banks of streams and properly secured so as not to be carried away by the water. (b) Any violation of this Section shall constitute a misdemeanor. Each and every separate deposit of material into a watercourse as described in subsection (a) of this Section shall be considered a separate offense. 7-12.040—Application of NPDES Permit to development and other activities in the City. (a) The term "development," as used in this Section, shall have the same meaning as in Section 15-06.204 of the Code. (b) Provision C.3 of the NPDES Permit requires appropriate source control, site design, and stormwater treatment measures for certain development and redevelopment projects to address stormwater runoff pollutant discharges and prevent increases in runoff flows from those projects. Any development subject to the requirements of that provision shall comply with that provision. (c) Provision CA of the NPDES Permit requires commercial site control programs at all sites that could reasonably be considered to cause or contribute to pollution of stormwater runoff. Ordinance 407 Page 5 Commercial developments shall be designed and maintained to preclude the discharge of any pollutant into any natural or artificial storm drain or watercourse in the City. (d) Provision C.6 of the NPDES Permit prohibits construction site discharges of pollutants. All sites where development is under construction shall be designed and operated to preclude the discharge of any pollutant into any natural or artificial storm drain or watercourse in the City. (e) Provision C.13 of the NPDES Permit prohibits the discharge of wastewater generated from installing, cleaning, treating, or washing copper architectural features, including copper roofs. All developments including copper architectural features shall be designed and operated to preclude such discharges into any natural or artificial storm drain or watercourse in the City. (f)Any violation of this Section shall constitute a misdemeanor.Each and every separate discharge prohibited by this Section and each day that a design measure required by this Section is not in place shall be considered a separate offense. 7-12.050 - Discharge of trash on certain properties connected to the City's municipal storm drain system. (a) This Section applies to properties in the City of Saratoga designated as Private Land Drainage Areas pursuant to the NPDES Permit.A map showing the location of Private Land Drainage Areas in the City shall be maintained by the Director of Public Works and available for public review. (b) Private Land Drainage Areas are subject to inspection to ensure compliance with the NPDES Permit. If inspection of a Private Land Drainage Area demonstrates that the property generates higher than low levels of trash, as defined in the NPDES Permit, the property owner shall be required to implement short-term corrective actions to clean the observed trash within 10 days or before the next rain event, whichever is soonest. The property owner shall also be required implement long-term corrective actions to ensure that the property does not generate higher than low levels of trash, as defined in the NPDES Permit. After the property owner implements corrective actions, the Private Land Drainage area shall be subject to reinspection. (c) If reinspection of a Private Land Drainage Area demonstrates that the property continues to generate higher than low levels of trash,as defined in the NPDES Permit,the property owner shall be required to install, operate, and maintain, at the owner's expense, a device listed by the State Water Resources Control Board as a Certified Trash Full Capture System, and enter an operation and maintenance agreement with the City, unless the City identifies alternative corrective actions. Certified Trash Full Capture Systems are subject to inspection to ensure compliance with the NPDES Permit. (d) Private Land Drainage Areas that have achieved compliance with the NPDES Permit are subject to routine inspection to ensure continued compliance. (e) Any violation of this Section shall constitute a misdemeanor. Each day that a Private Land Drainage Area fails to take mandated corrective actions shall be considered a separate offense. Ordinance 407 Page 6 7-12.060—Enforcement of this Article. It shall be the duty of the Director of Public Works to enforce the provisions of this Article directly or through the Director's designees. In the performance of such duty,the Director of Public Works and the Director's designees are empowered to enter and inspect any property to ensure compliance with the NPDES Permit. 2. Deleting sections 6-15.070, 6-15.080, and 6-15.085 to eliminate redundancies in the Code. ( ) N per-son shall pi Ee, Eleposit, dump, disel e, or- ea-use to be piaeoa, deposited, dumped, oF garbage,(b) The tefm "wa4er-eour-ses," as used in this Seetion, shall mea-a and inelude all natural wa4efway-s and definite ehannels and depFessiens in the eai4h whieh eaffy watef:, even though stleh water-ways and seasons-. (e) The tefm "pollutants," as used in this Seetion, shall mean and inelude all sewage, sewage- > and agr-ieultufal waste disehar-ges,whether-in a solid or-liquid state,and a-ay haza-rd matefial as defined in Seetion 9 05.050(e) of this Code. (d) Any vielation of this Seetion shall eofistitute misdemeanor-. Eaeh and evefy separ-a4e disehar-ge of a pollutant into a vi,,ater-eour-se shall be 5.080 ObstraEtio water-Eo s. (a)No per-son shall plaee or-dffow, or-eause to be plaeed or-dffo;A%into any str-eam of er-eek within the City or-into the bed or-upen the banks thereof-, any > , ea-as, bottles or- eafeass of any dead animal; pr-ovided, that this Seetion shall not apply to br-ushF timber-or-lumber-, or-other-materials plaeed for-the pr-oteetion of the banks of streams and pr-ope4y seeufed so as not to be earried away by the waten water-ways and definite ehannels and-depr-essiens in the eai4h whieh eafFy -ate., though stieh water-ways may only earf),water-dtifing mins or-stoi:fns and do not emf�, stomwater-s at and during al!times and seasons. (e) Any viola4ion of this Seetion shall eonstitu4e a misdemeanon Eaeh and every sepafate deposit 6 15.095 En er-eemen+ f 6 15.070 and 6-15-988- Ordinance 407 Page 7 or-his duly authorized agents are empewer-ed to enter md inspeet any pr-emises where the Difeete.r- of Publie 3AzoFks hasreason to believe-a violation of either- seetion may ex4sr 3. Conforming amendment to Chapter 17(Sustainability) to update cross reference to prohibition on pollutant discharges. 17-05.010 - Greenhouse gas reduction policies. The list below provides a reference to Seetiens provisions of the City of Saratoga Municipal Code seeking to reduce emissions of greenhouse gases,together with a brief description of each Section. Nothing in this section shall change the meaning of the code sections summarized below and the full text of each section shall apply regardless of the summary below. (a) 2-45.95 Recycled paper.Mandates the establishment of procedures for purchasing recycled paper and paper products, giving preference to recycled materials when all other factors are equal. (b) 4-65.090 Recyclers; quarterly reports. Requires quarterly reports on meeting waste reduction goals. (c) 6 15.070 D}seharge—o€-polltA aAs- into ster sins and waterc�ur-ses-. Article 7-12 Stormwater Pollution Control.Prohibits and a-Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains. [Subsections (d)-(s) not changed.] *�Y End of Amendments 1866116.5