Ordinance 1598•
ORDINANCE NO. 1598
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING
CHAPTER 9.18 OF THE CUPERTINO MUNICIPAL CODE
FOR THE PURPOSE OF PROTECTING THE STATE WATER
COURSES MEETING FEDERALLY MANDATED NONPOINT
SOURCE CONTROL AND STORMWATER MANAGEMENT
PROGRAM
The .City Council of the City of Cupertino does ordain as
follows:
SECTION I
Amendments
Chapter 9.18 of the Cupertino Municipal Code, ;entitled
Nonpoint Source Pollution and Watercourse Protection, is .hereby
amended to read as follows:.
Section 9 18 0~0 - Purgose of Chanter
This Chapter is enacted for the protection of health,
life, resources, and property through prevention and control of
unauthorized discharges into watercourses, 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
system permit issued by the California Regional Water Quality
Control Board, San Francisco Say Region. The primary goal of this
Chapter is the cleanup of stormwater pollution from urban runoff
that flows to creeks and channels, eventually discharging .into the
South San Francisco Bay. -
Section 9 18 020 - Definitions
For the purposes of this Chapter, thefollowing words and
phrases shall have the meanings ascribed to them by this Section,
unless the context or the provision clearly requires otherwise.
1
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. "Illicit Connection" means the unauthorized connection of a
wastewater stream to storm sewers.
4. "Nonpoint Source Pollution Discharge" means any discharge from
land which results or probably will result in a discharge into
watercourses.- Such discharges represent a process whereby
pollutants, debris, and chemicals generated from various land uses
accumulate on streets, construction sites, park3nq lots and other
exposed surfaces and are washed off and carried away by stormwater
runoff into watercourses. The major pollutants of concern in these
discharges are heavy metals, sediments, petroleum hydrocarbons,
organochlorine, pesticides and toxics.
5. "NPDES Permit" means a National Pollution Discharge Elimina-
tion System Permit issued by the Regional Water Quality Control
Board, San Francisco Bay Region.
6. "Person" includes any person, firm, association, organization,
partnership, business trust, joint venture, 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.
7. "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
2
1
industrial process water, but excluding any community sanitary
sewer system.
e. "Unpolluted Water" means water to which no constituent has
been added, either intentionally or accidentally, that would render
such water unacceptable for disposal to storm or natural drainages
or directly to surface waters.
9. "Waste" includes sewage and soil from erosion and any and all
other waste substances, liquid, solid, gaseous or radioactive,
associated with human habitation, or of human or animal origin, or
from any producing, manufacturing or processing operation of
whatever nature, including waste placed within containers of
whatever nature prior to, and for purposes of, disposal.
10. "Watercourse" means a channel in which a flow of water occurs,
either continuously or intermittently.
~ tion 9 18 030 - Limitations on Point of Diacharae
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 connection.
~~~tion 9 ~8 040 - Discharge into the Storm Drain Prohibited
Zt shall be unlawful to discharge, or cause, allow, or
permit to be discharged into any storm drain or natural outlet or
channel all waste, including but not restricted to, sewage,
industrial wastes, petroleum products, coal tar or any refuse
substance arising from the manufacture of gas Prom coal or
petroleum, chemicals, detergents, solvents, paints, contaminated or
chlorinated swimming pool water, pesticides, herbicides and
fertilizers.
The Director of Public Works may require that unpolluted
3
•
to storm drains and the receiving waters.
This notification shall be followed, within ten (10) days
of the data of occurrence, by a detailed written statement
deRCribing the causes of the accidental discharge and the measures
being takem 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. Section
I
13350 of the California Water Code, or for violation of Section
5650 of the California Fish and Wildlife. Code, or any other
applicable provisions of State or Federal laws.
The provisions of this Chapter shall not prohibit any
discharge in compliance with a valid NPDES permit issued to the
discharger.
Ron*+on 9.8.090 - Violation
Any person who violates any provision of this Chapter
shal]. be guilty of a misdemeanor and upon conviction thereof shall
be punished as provided in Chapter 1.12 of this Code.
section 9 18 100 Civil Penalty For Violation - Payment of Funds
to Account-
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 the amounts
provided for in Government Code,SS54740 and/or 54740.5. The City
may petition the Superior Court pursuant to Government Code 554740
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 re*aedies available. to the City under
5
cooling water or other unpolluted water be discharged into a
natural outlet. However, allowable discharges 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 4uality Control Board, San Francisco Bay
Region or`to injure or interfere with the operation of the State's
watercourses. City may,'from time to time, by resolution- of-the
City Ccuncil 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.
section 9 18 050 - Public Nuisance
The discharge of unscreened garbage, fruit, vegetable,
animal or other solid industrial wastes into any storm drain or
natural outlet or channel, in violation of any provision of this
Chapter, 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.
cam*ion 9 ~8 060`- Protection From AccidentalDischerae
Each person shall provide protection from accidental
discharge of prohibited materials or other wastes regulated by this
Chapter into any storm drain or natural 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 Discharge
All persons shall notify the Director oP Public Works by
telephone immediately upon accidentally discharging wastes to
enable countermeasures to be taken by the City to minimize damage
4
•
State and Federal law and local ordinances. Funds collected
pursuant to this Section shall be paid to City's Environmental
Storm Management Account.
__..<..., o ,R „~ _ Civil Penalty. for illicit Discharges -Payment
r
Q Fundsz,to Account
Any person who: discharges 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 Twenty Five Thousand
Dollars ($25,000.00) per day per violation for .each day in which
such violation occurs. The City may petition the superior court
pursuant to Government Code $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 storm Management Account.
~~^*ion 9 18 120 - 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.
__..,,... ~ ,e „~ _ Administrative Penatr_ies - Payment of Funds to
Account
Whenever the City Manager or his/her designee finds that
any person has violated any notice of violation requiring
compliance with any provision of this Chapter, or has violated any
6
provision of this Chapter, he may assess an administrative penalty
in a sum not to exceed the amounts provided in Government Code
§54740.5. The remedy 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 Storm Management Account.
sP~fion 9 18.140 - Severability
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held 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 2
Sections 9.18.150, 9.18.160, 9.18.170, and 9.18.180 are
hereby repealed.
Section 3
Effective Date
This Ordinance shall be in full force and effect thirty
(30) days.. after the date of this passage and adoptiom.
section 4
Enforcement
The City Clerk is hereby authorized and instructed to
file a certified copy of this ordinance upon its becoming effective
with the Sheriff's Office and the County of Santa Clara, State of
California.
7
• ~ •
Section 5 '
Publication
The City Clerk shall cause this ordinance to be published
at least once in a newspaper of general circulation published and
circulated in the City within fifteen (15) days after its passage,
in accordance with 536933 of the Government Code,, shall certify to
', the adoption of this ordinance and ehall,cagse this ordinance and
her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of .this City.
INTRODUCED at a regular meeting of the City Council. this
_~_ day of July , 1992, and ENACTED at a regular
meeting of the City Council this. 17th day of ~ausc ,
1992, by the following .vote:
yQte:
Ayes: Dean, Goldman..Koppel,-,Szabo, Sarenasn
Noes: None
ABSENT: None
ABSTAIN: None
f ~ jry~~ / y - ..
Ci y C1 k ayor, C ty uper n~ o -~
cptno2.doe/md
8