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Ordinance 1571 ' ORDINANCE`N0:' .1571 AN ORDINANCE OF THE CITY OF CUPERTINO ' ADOPTING CHAPTER 9.18 OF THE CUPERTINO MUNICIPAL CODE FOR THB PURPOSE OF PROTECT- ' „ING,THS STATE'S WATERCOURSES, MEETING ' ""`'FEDERALLY'MANDATED NONPOINT SOURCE CONTROL AND 3TORMWATER MANAGEMENT PROGRAM AND ` `"' "ESTABLISHING AN ENVIRONMENTAL FEE The City Council of the City of Cupertino does ordain as follows: SECTION I. `Chapter 9.18 of the Cupertino Municipal Code; en- titled Nonpoint Source Pollution and Watercourse Protection, is hereby enacted to be numbered and " entitled and to read as follows: Section 9.18.010 - Purpose of Chapter This Chapter is enacted for the protection of health, life, resources, and property through prevention and control of unauthorized discharges into water-` courses, and pursuant to a federal mandate pursuant to -the Clean Water Act and in accord with the Water Quality Division of Division 7 of the California Water Code, and the City's National Pollution Discharge Elimination Sys- tem permit issued by the California Regional Water Quali- ty Control Board, San Francisco Bay Region. The primary (CC.D2/0/N.2j goal of this Chapter is the cleanup of stormwater pol- lution from urban runoff that flows to creeks and chan- nels, eventually discharging into the South San Francisco Bay.. Section 9.18.020 - Definitions ...For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this Section, unless the context or the provi- sion clearly requires otherwise. 1. "City" means and includes all the territory lying within. the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during .the .effective. term of the ordinance codified herein. 2. "Director of Public Works" means. the Director of Public.Works and his/her duly authorized agents and representatives. 3.. "Environmental Fee" means a fee. assessed to cover the costs of the City's federally. mandated Nonpoint Source Control and Storm Water Management Program pur- suant to City's NPDES permit which shall be paid to the City's Environmental Management Account. 4. "Illicit Connection" means the unauthorized connec- tion_of a wastewater stream to storm sewers. 5. "improved Properties" means property with a struct- ure or structures upon it, including, but not necessari- ly limited to, property used for residential, 'induatri- [CC.D2/0/N.2~ 2 al, commercial, administrative and professional offices, public and quasi-public building, utility and transporta- tion. 6. "Nonpoint Source Pollution Discharge" means any dis- charge from land which results or probably will result in a discharge into watercourses. Such discharges repre- sent a process whereby pollutants, debris, and chemicals generated from various land uses accumulate on streets, construction sites, parking lots and other exposed sur- faces and are washed off and carried away by atormwater runoff into watercourses. The major pollutants of con- cern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides and toxics. 7. "NPDES Permit" means a National Pollution bischarge 8limination System Pecmit issued by the Regional Water Quality Control Board, San Francisco Bay Region. 8. "Person" includes any person, firm, association, organization, partnership, business trust, joint vent- ure, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. 9. "Storm drain" means any pipe, conduit or sewer of the City designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but ex- [CC.D2/0/N.2] 3 eluding any community sanitary sewer system. 10. "Unpolluted Water" means water to which no constit- uent has been added, either intentionally or accidental- . ly, that would render such water unacceptable for dispos- al to storm or natural drainages or directly to surface waters. 11. "Vacant Parcels" means a parcel of land consisting of a single lot or a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds which has been recorded, without any structure existing upon it. 12. "Waste" includes sewagea and soil from erosion and any and all other waste substances, liquid, solid, gase- ous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manu- facturing or processing operation of whatever nature, including waste placed within containers of whatever nature pcior to, and for purposes of, disposal. 13. "Watercourse" means a channel in which a flow of .water occurs, either continuously or intermittently. Section 9.18.030 - Limitations on Point of Discharge No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a City approved storm drain connec- tion. (CC.D2/0/N.2j 4 Section 9.18.040 - Discharge into the Storm Drain Pro- . hibited It shall be unlawful to discharge, or cause, .allow, or permit to be discharged into .any storm drain o[ natural outlet or channel all waste, including but not restcicted to, sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising from the ~aanufacture of gns from coal or petroleum,::chemi- cals, detergents, solvents, paints, contaminated or .chlorinated swimming pool water, pesticides, herbicides :and fertilizers. The Director of Public works may require that un- polluted cooling water or other unpolluted water be dis- charged into a natural outlet. Rowever, allowable dis- _ charges shall not cause. any impairment in the beneficial uses or quality of water of the state as defined in the .California Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco say .Region o n to injure or interfere with the operation of the State's watercourses. City may, from time to time, by resolution of the City Council adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. [CC.D2/0/N.2] 5 s • Section 9.18.050 - Public Nuisance The discharge of unscreened garbage, fruit, vege- table, animal or other solid industrial wastes into any atorm'dcain or natural outlet or channel, in violation '-of any provision!of this Chaptet, is hereby declared to be a public nuisance and shall be handled in the same 'manner as provided in Chapter 1.09 of this Code. Section 9.18.060'- Protection From Accidental Discharge Sach person shall provide protection Erom accident- al discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or natur- al'outlet or channel. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Section 9.18.070 - Accidental Discharge -Notification of Dihcharge- All persons shall notify the Director of Public Works by telephone immediately upon accidentally''dis- charging wastes of reportable quantities as determined in 40'CFR 117 to enable countermeasures to be taken by the-Cite to minimize damage to storm drains and the re- ceiving waters. This notification shall be followed, within ten (10) days of the date of occurrence, by a detailed writ- ten statement describing the"causes of the accidental .discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the City on account thereof under Sec- tion 13350 of the California Water Code, oc for viola- . tion of Section 5650 of the California Fish and Wildlife -Coder or any other applicable provisions of State or Federal laws. Section 9.18.080 - Discharge Permitted Pursuant to NPDES__ Permit The provisions of .this Chapter shall not prohibit any discharge in compliance with a valid NPD88 permit issued to the discharger. Section 9.18.090 - Environmental Management Account Fee An environmental fee shall be assessed on all properties (improved properties and vacant parcels) within the City to pay for the coats of implementing and enforcing this Chapter. The City Council shall, by resolution, set forth the specific amounts of the fee for each category of property and what those amounts were based on, describe the reasonable relationship between the environmental fee and City's Nonpoint Source Control and Storm Water Management Program and identifythe use to which the fee is to be put. On an annual basis the City Council shall review the amounts set for the environmental fee and may, by resolution, modify such amounts. [CC.D2/0/N.2j 7 The use of the revenue raised by payment of the environmental fee shall be budgeted within a special Environmental Management Account and such revenue shall be used solely for the implementation and enforcement of this Chapter. Section 9.18.100 - Collection o! Environmental Fee The environmental Pea Por all improved properties will be included in the garbage bill for those proper- ties and thus collected pursuant to Chapter 6.24 of this Code. The environmental Pee for all vacant parcels will be collected by the City at the time the properties develop and will be accumulative from the rarsra.... ~. -----~fectiva data of this Ordinance. Section 9.18.110 - Failure to Pay the Environmental Fee Opon failure to pay the environmental fee, the means of collecting delinquent charges shall be in ac- cordance with the procedures set forth in Chapter 6.24, particularly Sections 6.24.170 through 6.24.270, of this Code. The City may petition the Superior Court in any means necessary to collect any and all such delinquent charges. Section 9.18.120 - Violation - Misdemeanor flay person who violates any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this Code. -- --- Section 9.18.130 - Civil Penalty for Violation - Payment of Punds to Account (CC.D2/O/N.2J 8 Any person who violates any provision of this Chapter or any provision of any permit issued pursuant to this Chapter shall be civilly liable to the City in a :sum not to exceed six thousand dollars ($6,000.00) per day per violation for each day in which such violation occurs. The City may petition the Superior Court pur- suant to Government, Code Section 54740 to impose, assess and recover such sums. The civil penalty provided in this Section is cumulative and not exclusive, and shall be in addition to all other remedies. available to the .:City under State and Federal law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Environmental Management Account. Section 9 18 140 -Civil Penalty for Illicit Discharges - Payment of Funds to Account Any person who dischargEa~ pollutants, in violation of-this Chapter, by the use of illicit connections shall be civilly liable to the City in a sum not to exceed ten thousand dollars ($10,000.00) per day per violation for each day in which such violation occurs. .The ,City may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess and recover such sums. -The civil penalty provided in this Section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City .under State and Federal law and local ordinances. Funds collected pursuant to [CC.D2/0/N.2] 9 this Section shall be paid to City's Environmental Management Account. Section 9.18.150 - Notice of Violation- Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.120, 9.18.130 or 9.18.140 above, or permit revocation or suspension, he/she shall issue a notice of violation which: (1) Enumerates the violations found; and (2) Orders compliance by a certain date. Section 9.18.160 - Administrative Penalties - Payment of Funds to Account Whenever the City Manager or his/her designee finds that any pecson has violated any. notice of vio- lation requiring compliance with any provision of this Chapter, or has violated any provision of this Chapter, he may assess an administrative penalty in a sum not to exceed six thousand dollars ($6,000.00) per day. The remedy provided in this Section is cumulative and not exclusive, and shall be in addition to all other reme- diea available to the Cfty under State and Federal. law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Environmental ,Management Account. Section 9.18.170 - Severability if any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held (CC.D2/0/N.2J 10 i to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected :..,thereby. Section 9.18.180 - Effective Date ' This Ordinance shall be in full force and effect thirty days after the date of its passage and adoption. Section II - 8nforcement. The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon its be- coming effective with the Sheriff's Office of the County of Santa Clara, State of California. -- Section IiI - Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circu- lation published and circulated in the City within fif- teen (15) days after its passage, in accordance with Section 36933 of the Government Codei shall certify to the adoption of this ordinance and shall cause this ordi- nance and hec certification, together with proof of pub- . lication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council this 21st day of October r 1991, and ENACTED at a regular meeting of the City. Council this 4eh day of .November , 1991,: by the following vote: Vote: Members of the Citr~Counclls .....,Ayes s; Goldman. Rogers, Sorensen, Szabo... Noels Noae _ ~ :: r}:.? Absents Koppel ,; .Abstain: None - ,, ATTESTS APPROVED• . ~L, ~~Ce'G ,2 a C ty C -Mayor,- ty o Cupert no Pro Tempore. .. ...~ 'xC~G .a..._ a ._i~, ..._ .. ~~+: )< dewy 7"s r3'M .. Vii.-~ ~~~ ~~,.k. jx ~_~::K ~t.7.'7 •~'.), ~. ,=k. ,/ ~ ~1~~~~~7.1 "34iY ~~. ~}~ `i',~}j~i'~i ; v;~~i~ !~it.`'t~ it;. ~~.r+"i.€ ~+_ t~ n a,~e,i'• Ca.? 4._sSi,.~,".3a ..