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(a) The intent of Sections 147-147.6 of this Code is to reduce the volume of stormwater entering the City's Combined and Separate Sewer Systems and to protect and enhance the water quality of receiving waters, pursuant to, and consistent with Federal and State laws, lawful standards and orders applicable to stormwater and urban runoff control, and the City's authority to manage and operate its drainage systems.
(b) Urban runoff is a significant cause of pollution throughout California. Pollutants of concern found in urban runoff include sediments, non-sediment solids, nutrients, pathogens, bacteria, oxygen-demanding substances, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, and pesticides and herbicides.
(c) During urban development, two important changes occur. First, where no urban development has previously occurred, natural vegetated pervious ground cover is converted to impervious surfaces such as paved highways, streets, rooftops, and parking lots. Natural vegetated soil can both absorb rainwater and remove pollutants, providing a very effective purification process. Because pavement and concrete can neither absorb water nor remove pollutants, the natural retention and purification characteristics of the land are lost, increasing the volume of stormwater entering the collection system and the concentration of pollutants within that water. Second, urban development creates new pollutant sources, including vehicle emissions, vehicle maintenance wastes, pesticides, household hazardous wastes, pet wastes, trash, and other contaminants that can be washed into the City's Separate or Combined Sewer Systems.
(d) A high percentage of impervious area correlates to a higher rate of stormwater runoff, which generates greater pollutant loadings to the City's Separate and Combined Sewer Systems, resulting in turbid water, nutrient enrichment, bacterial contamination, toxic compounds, temperature increases, and increases of trash or debris.
(e) When stormwater impacts are considered during the planning stages of a project, new development and redevelopment projects can more efficiently incorporate Post-Construction Stormwater Controls that will enhance the function and capacity of the City's Separate and Combined Sewer Systems by providing pretreatment of stormwater and protecting water quality.
(1) reducing stormwater runoff rates and volume whenever possible through Post-Construction Stormwater Controls, and ensuring that these stormwater controls are safe and properly maintained;
(2) minimizing increases in pollution caused by stormwater runoff from development that would otherwise degrade local water quality; and
(3) controlling the discharge of contaminants to the City's sewer and drainage systems through spills, dumping, or disposal.
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
In addition to the definitions provided in Section 119 of Article 4.1 of this Code, the following definitions shall apply:
Combined Sewer System.
All facilities under the jurisdiction of the Department designed and operated to collect, transport, treat, and dispose of stormwater runoff, domestic sewage, and industrial wastewater combined in the same collection, storage, transport, treatment, and disposal facilities.
Department.
The Public Utilities Commission. With regard to stormwater management in areas of the City under the jurisdiction of the Port Commission, "Department" also means the Port Commission until the Port Commission adopts its own standards and procedures.
General Manager.
The General Manager of the Public Utilities Commission of the City, or a designated representative of the General Manager. With regard to post-construction stormwater management in areas of the City under the jurisdiction of the Port Commission, the Executive Director of the Port Commission or a designated representative of the Executive Director shall have the same authority under this Article 4.2 as the General Manager until the Port Commission adopts its own standards and procedures regarding post-construction stormwater management in all areas under Port Commission jurisdiction.
Green Infrastructure.
Post-Construction Stormwater Controls that mimic pre-development drainage patterns and hydrologic processes by increasing retention, detention, infiltration, and treatment of stormwater at its source.
Large Development Project.
Any construction activity that will result in the creation and/or replacement of 5,000 square feet or more of impervious surface, measured cumulatively, that is located on a property that discharges or will discharge Stormwater to the City's Separate or Combined Sewer System. Activities that create or replace impervious surface include, but are not limited to, the construction, modification, conversion, or alteration of any building or structure and the creation or replacement of outdoor impervious surfaces such as parking areas, driveways, private street areas, or new public rights-of way to be dedicated to and accepted by the City within Large Development Projects that are subject to the Subdivision Code. Activities that create or replace impervious surface do not include interior remodeling projects, replacement of existing sidewalks and streets dedicated to and accepted by the City, routine maintenance or repair activities such as pavement resurfacing within the existing footprint, exterior wall surface replacement, and re-roofing. In areas that connect to the Separate Sewer System, Large Development Projects also include discrete linear utility and road projects that result in 5,000 square feet or more of newly constructed contiguous impervious surface including, but not limited to, the construction of new streets or the widening of existing streets with additional traffic lanes.
Non-Stormwater Discharge.
Any discharge to the City's Separate or Combined Systems that is not composed entirely of Stormwater.
Pollutant.
Any substance listed in Section 119 of Article 4.1 of the Public Works Code and any substance described as a pollutant in the Stormwater Management Requirements and Guidelines.
Post-Construction Stormwater Control.
A technology designed to reduce pollution in stormwater runoff or reduce runoff rate or volume, through infiltration, retention, non-potable reuse, detention, direct plant uptake, or filtration. Post-Construction Stormwater Controls may include Green Infrastructure technologies, but do not include Construction Site Best Management Practices outlined in Section 146.1 of this Code.
Separate Sewer System.
Facilities under the jurisdiction of the Department that collect, convey and discharge Stormwater, without combining Stormwater and sewage in the same facilities.
Small Development Project.
Any development activity that will result in the creation or replacement of between 2,500 and 5,000 square feet of impervious surface, measured cumulatively, which is located on a property that is connected or proposing to connect to the Separate Sewer System. Activities that create or replace impervious surface include, but are not limited to, the construction, modification, conversion, or alteration of any building or structure and the creation or replacement of outdoor impervious surfaces such as parking areas, driveways, private street areas, or new public rights-of-way to be dedicated to and accepted by the City within Small Development Projects that are subject to the Subdivision Code. Activities that create or replace impervious surface do not include: interior remodeling projects; replacement of existing sidewalks and streets dedicated to and accepted by the City; routine maintenance or repair activities, such as pavement resurfacing within the existing footprint, exterior wall surface replacement, and re-roofing.
Stormwater.
Runoff that is generated when precipitation from rain events flows over land or impervious surfaces and does not percolate into the ground.
Stormwater Control Plan.
A plan submitted by a Large Development Project proponent to the Department for review and approval that meets all applicable criteria, performance standards and other stormwater management requirements contained in this Article and the Stormwater Management Requirements and Guidelines.
Stormwater Management Requirements and Design Guidelines.
The Stormwater Management Requirements and Design Guidelines adopted by the Department. The Stormwater Management Requirements and Design Guidelines contain requirements pertaining to the type, design, performance, sizing, and maintenance of Post-Construction Stormwater Controls.
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
(a) Small Development Project Requirements. Every Small Development Project shall implement Post Construction Stormwater Controls and submit documentation of these measures as described in the Stormwater Management Requirements and Design Guidelines and in accordance with this Article 4.2.
(b) Large Development Project Requirements. Every Large Development Project shall implement Post-Construction Stormwater Controls in accordance with this Article 4.2 and the Stormwater Management Requirements and Design Guidelines. Every Large Development Project shall submit a Stormwater Control Plan for review and approval in accordance with this Article and the Stormwater Management Requirements and Design Guidelines. No City department shall approve or issue a permit to construct a project, including a building or site permit, unless and until a Stormwater Control Plan is developed and has been approved by the General Manager. Large Development Projects not subject to City building or planning approvals, including, but not limited to, State and Federal projects, must submit a Stormwater Control Plan and receive approval from the General Manager before undertaking any construction activity.
(c) Subdivision Approvals.
(1) Parcel Map or Tentative Subdivision Map Conditions. The Director of Public Works shall not approve a tentative subdivision map or a parcel map for any Small or Large Development Project subject to the provisions of this Article 4.2 unless a condition is imposed requiring compliance with this Article and the Stormwater Management Requirements and Design Guidelines.
(2) Subdivision Regulations. The Director of Public Works shall adopt regulations as necessary, consistent with and in furtherance of this Article 4.2, to ensure that all subdividers of Small or Large Development Projects comply with this Article and the Stormwater Management Requirements and Guidelines, including submission of a Stormwater Control Plan if applicable.
(3) Final Maps. The Director of Public Works shall not endorse and file a final map without first determining whether:
(A) The subdivider has complied with the conditions imposed on the tentative subdivision map or parcel map, pursuant to this Article 4.2 and the Stormwater Management Requirements and Guidelines; or
(B) For any such conditions not fully satisfied prior to the recordation of the final map, the subdivider has signed a certificate of agreement and/or improvement agreement, to ensure compliance with such conditions.
(4) This Subsection (c) shall not apply to tentative subdivision maps or parcel maps submitted solely for the purposes of condominium conversion, as defined in Subdivision Code Section 1308(d).
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
(a) The establishment, use, maintenance, or continuation of any unauthorized drainage connections to the Stormwater Collection System is prohibited.
(b) The discharge of Pollutants and Non-Stormwater Discharges into the stormwater collection facilities located in the Separate Sewer System portions of the Stormwater Collection System is prohibited, except as provided in this Section 147.3.
(c) The following discharges are exempt from the prohibitions set forth in subsection (b) above if the Regional Water Quality Control Board approves the exempted category in a discharge permit issued to the City: uncontaminated pumped groundwater, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, and dechlorinated swimming pool discharges.
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
(a) All Post-Construction Stormwater Controls shall be maintained according to the Stormwater Management Requirements and Guidelines and the maintenance plan included in the approved Stormwater Control Plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Those persons responsible for maintenance shall inspect the Post-Construction Stormwater Controls at least annually and shall maintain the Post-Construction Stormwater Controls as required by the Stormwater Management Requirements and Guidelines and the approved Stormwater Control Plan.
(b) Maintenance and Self-Certification Inspections. Every person who owns, leases or operates any Post-Construction Stormwater Control or Controls must provide annual self-certification for inspection and maintenance, as set forth in the Stormwater Management Requirements and Guidelines.
(c) The General Manager may perform routine or scheduled inspections and sampling, as may be deemed necessary in the General Manager's sole discretion to carry out the intent of this Article 4.2 and the Stormwater Management Requirements and Guidelines.
(d) Authority to Sample and Establish Sampling Devices. The General Manager may require any person discharging Stormwater to the Separate or Combined Sewer System to provide devices or locations necessary for the Department to conduct sampling or metering operations.
(e) Requirement to Monitor. If requested by the General Manager, any person responsible for Post-Construction Stormwater Controls shall undertake monitoring and furnish monitoring reports to the General Manager, as he or she may specify.
(f) Notification of Spills. All persons in charge of the Post-Construction Stormwater Controls shall provide immediate notification to the General Manager of any suspected, confirmed, or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the Separate or Combined Sewer System. Such persons shall take all necessary steps to ensure the detection and containment and clean up of such release. This notification requirement is in addition to and not in lieu of other required notifications.
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
Any violation of this Article 4.2 may be enforced by the General Manager pursuant to Section 132 of Article 4.1 of the Public Works Code. Persons violating any provision of this Article, the Stormwater Management Requirements and Guidelines, or Department regulations may be subject to penalties and abatement in accordance with the Stormwater Management Requirements and Guidelines and Sections 133 and 134 of Article 4.1 of the Public Works Code. For Small and Large Development Projects in areas of the City under the jurisdiction of the Port Commission, the Port's Executive Director or his or her designee shall have enforcement authority identical to the enforcement authority referenced in the two preceding sentences.
(Added by Ord. 83-10, File No. 100102, 4/22/2010; amended by Ord. 64-16
, File No. 160155, App. 4/27/2016, Eff. 5/27/2016)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 83-10, File No. 100102, 4/22/2010)