(A) Discharge of pollutants. The discharge of non-stormwater discharges to the town storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge.
(B) Exceptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in division (A) of this section:
(1) Discharges regulated under another 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.
(2) Discharges or flows from fire-fighting activities unless they are identified as significant sources of pollutants to waters of the United States.
(3) Discharges from the following activities will not be considered a source of pollutants to waters of the US when properly managed, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented.
(a) Water line flushing;
(b) Individual residential car washing;
(c) Diverted stream flows;
(d) Rising groundwaters;
(e) Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 5.2005(20)) to separate storm sewers;
(f) Uncontaminated pumped groundwater;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) Air conditioning condensation;
(j) Springs;
(k) Water from crawl space pumps;
(i) Footing drains;
(m) Flows from riparian habitats and wetlands;
(n) Dechlorinated swimming pool discharges; and
(o) Incidental irrigation runoff from landscaped areas provided the conditions in division (B)(4) of this section are met.
(4) Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Property owners and persons responsible shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:
(a) Detect and repair leaks from the irrigation system within 72 hours of discovering the leak;
(b) Properly design and aim sprinkler heads to only irrigate the planned application area;
(c) Do not irrigate during precipitation events; and
(d) Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of the 25 year-24 hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the county within 24 hours of the discharge.
(C) Discharge in violation of permit.
(1) Any discharge that would result in or contribute to a violation of the Phase II Stormwater Permit and any amendment, revision or reissuance thereof, either separately considered or when combined, with other discharges, is prohibited.
(2) Liability for any such discharge shall be the responsibility of the person(s) so causing or responsible for the discharge and the persons shall defend, indemnify and hold harmless the town in any administrative or judicial enforcement action relating to the discharge.
(D) Illicit discharges and illicit connections.
(1) The establishment, use, maintenance or continuance of illicit connections to the town storm drains or watercourse, and/or the commencement or continuance of illicit discharges to the town storm drains or watercourse is prohibited.
(2) This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.
(3) Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.
(4) Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.
(5) The town may perform clean-up and abatement work and recover its costs from the responsible person as provided in § 8.32.030.
(E) Reduction of pollutants in urban runoff. Any person engaged in activities which will or may result in pollutants entering the storm drains shall undertake all practicable measures to cease the activities, and/or eliminate or reduce the pollutants. The activities shall include, but not be limited to ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting town streets.
(1) Littering.
(a) Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and 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 or other premises in the town, so that the same might be or become a pollutant discharged to water.
(b) The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any premises in the Town of Fairfax in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the 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 the real property as required for the recycling or disposal of garbage.
(2) Standard for parking lots and similar structures. Persons owning or operating a parking lot, gas station, area of 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 town storm drain system or watercourse.
(3) Construction-phase best management practices.
(a) Any person performing construction activities in the town shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse.
(b) The town has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization.
(c) Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The agency will provide references to current guidance manuals and BMP information on request.
(4) Erosion and Sediment Control Plan requirements.
(a) When required by the Phase II Stormwater Permit or by the town, a project shall have an Erosion and Sediment Control Plan (ESCP) which addresses erosion and sediment control and pollution prevention during the construction phase as well as final stabilization control measures. The ESCP and the specific control measures to be utilized shall be subject to the review and approval of the town. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The town shall require modifications of an approved ESCP if during the course of construction at a site unanticipated conditions occur or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the town for review and approval. An Erosion and Sediment Control Plan (ESCP) shall be required for any project:
1. Subject to a grading permit under Chapter 12.20 Excavations Generally;
2. Subject to a building permit or other permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste;
3. As required by the town considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.
(b) The ESCP shall be submitted for review and approval by the town. The project applicant shall follow the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include:
1. Description of the proposed project and soil disturbing activity;
2. Site specific construction-phase Best Management Practices (BMPs);
3. Rationale for selecting the BMPs;
4. List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act § 404 Permit; Clean Water Act § 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).
(c) If the project requires coverage under the CGP issued by the State Water Resources Control Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said coverage and a copy of the Waste Discharge Identification Number shall be submitted to the town prior to issuance of a permit for construction. The applicant may submit the Storm Water Pollution Prevention Plan (SWPPP) required by the General Construction Activity Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP.
(d) Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the town. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the town.
(e) Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the town for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the town for review and approval.
(5) Permanent stormwater controls for new development and redevelopment. The town may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project's added or replaced impervious surfaces. These controls may include limits on impervious area. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state, and local agencies, and where required by the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainage ways above ground and in as natural a state as possible or other biological methods such as bioretention areas. Where required by the Phase II Stormwater Permit Provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a Stormwater Control Plan (SOP) as described below:
(a) The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the BASMAA Post Construction Manual.
(b) The specific practices proposed in the SCP shall be subject to the review and approval of the town and shall be in general accordance with the BASMAA Post Construction Manual, and the Phase Il Stormwater Permit.
(c) The SCP is separate and distinct from the ESCP requirements described in § 8.32.020(E)(4).
(d) All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post Construction Manual.
(e) Where required by the town, as a condition precedent to the issuance of a building permit, the applicant shall submit a preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The approval of the O&M Plan by the town is required prior to final inspection and approval of building permit closure.
(f) All stormwater management facilities shall be maintained according to the approved O&M Plan. The person(s) or organization(s) responsible for maintenance shall be designated in the O&M Plan. The O&M Plan shall require that stormwater management facilities be inspected by those responsible for maintenance at least annually. The O&M Plan shall also describe how the maintenance will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with the O&M Plan, the town may perform the maintenance and recover its costs from the responsible person as provided in § 8.32.030.
(g) Where deemed appropriate by the town, the town shall have access to stormwater management facilities for inspections, as provided in § 8.32.030, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.
(h) All project proponents and their successors, or successors in fee title, in control of project that is located within the town and that is defined as a Regulated Project in Provision E.12.c. of the Phase Il Stormwater Permit, or where required by the town, shall submit one of the following as a condition prior to final inspection and approval of building permit closure:
1. The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity;
2. Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity;
3. Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; or
4. Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the town.
(i) Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
(6) Notification of intent and compliance with general permits.
(a) Each industrial discharger, discharger associated with construction activity or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the state's Water Resources Control Board or the Regional Water Quality Control Board, shall provide Permit Registration Documents, comply with, and undertake all other activities required by any general stormwater permit applicable to the discharges.
(b) Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.
(7) Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal, State of California, regional and/or local agency for any activity, operation or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges and/or discharge of non-stormwater to the storm drain system, every person undertaking the activity or operation or owning or operating the facility shall comply with the guidelines or requirements as may be identified by the authorized enforcement official.
(F) Watercourse protection.
(1) Every person owning, occupying, leasing, renting or in control of premises through which a watercourse passes, shall:
(a) Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles which would and/or could pollute, contaminate or significantly retard the flow of water through the watercourse;
(b) Maintain existing privately-owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function or physical integrity of the watercourse; and
(c) Not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove the vegetation in a manner as to increase the vulnerability of the watercourse to erosion.
(2) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Town of Fairfax:
(a) Discharge into or connect any pipe or channel to a watercourse;
(b) Modify the natural flow of water in a watercourse;
(c) Deposit in, plant in or remove any material from a watercourse including its banks, except as required for necessary maintenance; and
(d) Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of the material being carried away by storm waters passing through the watercourse.
(G) When any work is being done contrary to the provisions of this chapter, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the Fairfax Town Code.
(Prior Code, § 8.26.020) (Ord. 623, passed - -1993; Am. Ord. 791, passed 6-3-2015)