Chapter 7.74 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

The ordinance codified in this chapter shall be known as the “City of Dublin Stormwater Management and Discharge Control Ordinance” and may be so cited. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part))

7.74.020 Purpose and intent.

A. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and general welfare of city of Dublin citizens by:

1. Eliminating non-stormwater discharges to the municipal separate storm sewer system (hereinafter referred to as MS4);

2. Controlling spills and prohibiting dumping or disposal of materials other than stormwater to the MS4;

3. Reducing pollutants and wastes in stormwater discharges to the maximum extent practicable (hereinafter referred to as MEP);

4. Establishing minimal acceptable requirements for the design of stream buffers and for the protection of the water quality of watercourses, water bodies, the San Francisco Bay, and other significant water resources; and

5. Enabling the city to comply with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) permit (hereinafter referred to as the MRP), or as amended or revised, NPDES Permit No. CAS612008, or any reissuance thereof, and applicable federal and state regulations. The MRP is on file with the City Clerk of the city of Dublin and available on the San Francisco Bay Regional Water Quality Control Board website.

B. The intent of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands, in a manner pursuant to and consistent with the Clean Water Act and California Water Code. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part))

7.74.030 Compliance with other laws.

A. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail.

B. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state, regional and local laws and regulations, including rules promulgated under authority of this chapter. (Ord. 7-24 § 2 (Exh. A))

7.74.040 Definitions.

A. Any terms defined in the MRP or the Federal Clean Water Act, or the California Water Code and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the United States Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), as used in this chapter, shall have the same meaning as in that statute or regulations. Specifically, the definitions of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended:

1. “Applicant” means any person applying to the city of Dublin for permitting or approval of a project.

2. “Authorized enforcement official” means the following city officials and their designated associates, employed by the city or working under a contract with the city: Fire Chief, Public Works Director, City Engineer, and Building Official.

3. “Best management practice (BMP)” means structural device, measures, facility, activity, schedules of activities, prohibitions of practices, general good housekeeping practices, pollution-prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

4. “Biotreatment soil media (BSM)” means a soil blend designed to meet the specifications approved by the San Francisco Bay Regional Water Quality Control Board Executive Officer and incorporated into the C.3 Technical Guidance Manual.

5. “C.3 Technical Guidance Manual” means the most recent version of the Alameda Countywide Clean Water Program manual that sets forth guidance, design standards and best management practices for low impact development.

6. “City” means the city of Dublin.

7. “Construction activity” means any activity that involves soil disturbing activities including, but not limited to, grubbing, clearing, filling, leveling, building, paving, grading, demolition, and ground disturbances such as stockpiling and excavation unless exempted by the municipal code.

8. “Development” or “development project” means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, or other nonresidential project, including public agency projects. Development projects as defined here and used in this chapter include redevelopment, which means land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. Development or development project includes, but is not limited to, a rezoning, tentative parcel map, conditional use permit, variance, site development permit, design review, or building permit.

9. “Development runoff requirements” means the provisions in the MRP and any additional city standards that contain performance standards to address both the construction and post-construction phase of new and development projects on stormwater quality.

10. “Discharge” means:

a. Any addition or discharge of any pollutant or combination of pollutants and waste directly or indirectly to the storm drain system or to waters of the United States or waters of the state from any activity or operation; or

b. Any addition of any pollutant, waste, or combination of pollutants and waste directly or indirectly to the storm drain system or to the waters of the contiguous zone or the ocean from any activity or operation other than a vessel or other floating craft being used as a means of transportation.

This includes additions of pollutants or waste to waters of the United States or waters of the state from: surface runoff which is anthropogenically collected or channeled; discharges through pipes, sewers, or other conveyances, including street surfaces and curb and gutters, owned by a state, municipality, or other person which do not lead to a treatment facility; and discharges through pipes, sewers, or other conveyances, leading to privately owned treatment works.

11. “Discharger” means a person or entity who or which, respectively, allows, causes, permits to occur, or performs a discharge. “Discharger” also means the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.

12. “Full trash capture” or a “full trash capture system or device” means any device or series of devices that traps all particles retained by a minimum five (5) millimeter mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one (1) year, one (1) hour storm in the tributary drainage catchment area.

13. “Green stormwater infrastructure (GSI)” means infrastructure that uses vegetation, soils, and natural processes to intercept stormwater or stormwater runoff for either infiltration into the ground, evaporation, slowed release into the MS4, or some combination thereof. GSI is a natural and environmentally sustainable approach to managing stormwater runoff using specially designed landscaped areas, pervious surfaces, and rainwater capture and use. As low impact development practices are often implemented with GSI, these concepts are together referred to as LID/GSI.

14. “Hydromodification” means modification of a stream’s hydrograph, caused in general by increases in flows and durations that result when land is developed (e.g., made more impervious). The effects of hydromodification include but are not limited to increased bed and bank erosion, loss of habitat, increased sediment transport and deposition, and increased flooding.

15. “Hydromodification management (HM)” means engineered systems designed to minimize changes to the hydrograph (hydromodification) resulting from development by matching the flow durations (long-term temporal patterns of volume and rate) of the pre-project runoff.

16. “Illicit connection” means any device or method that conveys an illicit discharge to a MS4 or receiving water, or any conveyance that has not been documented in plans, maps, or equivalent records and approved by the city.

17. “Illicit discharge” means any discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non-stormwater discharges not composed entirely of stormwater, except discharges allowed pursuant to an NPDES permit (other than the NPDES permit for discharges from the MS4).

18. “Local Agency Investment Fund (LAIF)” means a voluntary program created by statute which began in 1977 as an investment alternative for California’s local governments and special districts. The LAIF program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office professional investment staff at no additional cost to the taxpayer.

19. “Low impact development (LID)” uses site design and stormwater management to maintain the site’s pre-development runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, detain, and/or biotreat stormwater runoff on or near the site. At the site scale, GSI is a subset of LID. As LID practices are often implemented with GSI, these concepts are referred together as LID/GSI.

20. “Lot” means a piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title, and having frontage on and access to an approved and accepted city street that meets the standards of width and improvements as specified in the regulations of the city contained in or adopted pursuant to Title 9, Subdivisions, and street improvement chapter (Chapter 9.16) as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street.

21. “Maximum extent practicable (MEP)” means a standard for implementation of stormwater management programs to reduce pollutants in stormwater to the maximum extent possible, taking into account equitable considerations and competing facts including but not limited to the seriousness of the problem, public health risks, environmental benefit, pollutant removal effectiveness, regulatory compliance, cost and technical feasibility.

22. “Municipal Regional Stormwater NPDES Permit (MRP)” means the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES permit issued to the city of Dublin, Permit No. CAS612008 and any subsequent amendment, reissuance, or successor to this NPDES permit.

23. “Municipal separate storm sewer system (MS4)” means and includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations Section 122.2.

24. “Non-stormwater discharge” means any discharge that is not entirely composed of stormwater.

25. “NPDES” means National Pollutant Discharge Elimination System.

26. “NPDES permit” means a NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act and the California Water Code that authorizes discharges to waters of the United States.

27. “Person” means an individual, corporation, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.

28. “Pollutant” means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes or byproducts, fuels, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, sediment, contaminated waste discharged from hot tubs, pools or spas, dumped yard wastes, food related wastes, rock, sand, dirt, and industrial, municipal and agricultural waste discharged into water, or placed in an area or manner such that it could be swept away or carried by stormwater runoff.

29. “Premises” means any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

30. “Regulated project” means a development project, as defined in MRP Provision C.3. These projects are required to implement LID source control, site design, and LID/GSI stormwater treatment, on site or at a joint stormwater treatment facility, in accordance with the criteria for LID/GSI and numeric sizing for stormwater treatment systems and may be required to implement hydromodification management as put forth in the MRP.

31. “Responsible person” means the owner, occupant, or entity responsible for any premises, or who engages in any activity, from which there is or may be a non-stormwater discharge or any person who releases pollutants or waste to the MS4.

32. “Source control” means structural or operational BMPs that are intended to prevent pollutants from coming into contact with stormwater through the physical separation of areas or careful management of activities that are sources of pollutants.

33. “State” means the state of California.

34. “Stormwater” means temporary surface water runoff and drainage generated by immediately preceding storms. This definition shall be interpreted consistent with the definition of “stormwater” in Section 122.26 of Title 40 of the Code of Federal Regulations.

35. “Stormwater treatment system” means any engineered system designed to remove pollutants and waste from stormwater runoff by settling, filtration, biological degradation, plant uptake, media absorption/adsorption, or other physical, biological, or chemical process. This includes landscape-based systems such as grassy swales and bioretention areas as well as some proprietary treatment systems.

36. “Urban runoff requirement acknowledgement” means the form regarding construction stormwater BMPs that must be completed by developers of projects not required to file a notice of intent with the State Water Resources Control Board.

37. “Waste” means sewage 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, including waste placed within containers of whatever nature prior to, and for the purposes of, disposal.

38. “Watercourse” means:

a. An elongated open depression or channel in which water may or does flow; or

b. A conduit or channel intended for the conveyance of water whether open or closed; or

c. A stream or course of running water flowing on the earth; or

d. A ditch or artificial channel created for the conveyance of water.

39. “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state.

40. “Waters of the United States” shall have the same meaning as set forth in 40 Code of Federal Regulations Section 120.2 or any successor provisions. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.030)

7.74.050 Responsibility for administration.

This chapter shall be administered for the city by the Public Works Director. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Zone 7 Water Agency or other public agency legally responsible for certain watercourses, the responsibility for enforcing the provisions of this chapter may be assigned to such an agency (through contract or agreement executed by the city and such agency) with respect to those watercourses for which they have accepted maintenance.

The Public Works Director is authorized to promulgate administrative procedures and/or policies needed to implement this chapter without having to amend the ordinance codified in this chapter. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.040)

7.74.060 Construction and application.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, the California Water Code and applicable implementing regulations, and the MRP and any amendment, revision, or reissuance thereof.

The standards established by this chapter are minimum standards. Therefore, this chapter does not intend nor imply that compliance by any discharger will ensure that the discharger will not cause contamination, pollution, or unauthorized discharge of pollutants or waste into waters of the United States or waters of the state. Ensuring that the discharger does not contaminate, pollute, or otherwise discharge pollutants or waste into the waters of the United States or waters of the state is the ultimate responsibility of the discharger. This chapter shall not create liability on the part of the city or any city agent or employee for any damages that result from the discharger’s reliance on this chapter or any lawful administrative decision made under this chapter. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.050)

7.74.070 Scope and limits of this chapter.

A. This chapter shall apply to:

1. Ministerial as well as discretionary approvals of development projects.

2. Dischargers at or from parcels and premises within the city, which have been found to, or may be reasonably considered to, cause or contribute to pollution of stormwater runoff or illegal connections and other illicit discharges.

B. Nothing in this chapter shall be interpreted to infringe any right or power guaranteed by the United States Constitution or the California Constitution, including any vested property right. (Ord. 7-24 § 2 (Exh. A))

7.74.080 Severability and validity.

If any portion of the ordinance codified in this chapter is declared invalid, the remaining portions of such ordinance are to be considered valid. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.060)

Article II. Discharge Regulations and Requirements

7.74.090 Discharge of pollutants.

A. General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is prohibited, except as set forth in Section 7.74.100.

B. The city has the authority and duty to require any person intending to connect to the MS4 to adhere to this chapter, the MRP, and any amendment, revision, or reissuance thereof.

C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.070)

7.74.100 Exceptions to discharge prohibition.

A. The following discharges are exempt from the prohibitions set forth in Section 7.74.090:

1. Any discharge regulated under an 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. Exempt discharges, as identified in the MRP. Unpolluted discharges from those sources or activities specifically identified in or pursuant to the MRP as exempt discharges, unless they are identified by the city or the San Francisco Bay Regional Water Quality Control Board as a source of pollutants to receiving waters, in which case they shall be addressed as conditionally exempt discharges.

3. Conditionally exempt discharges, as identified in the MRP. Discharges from those sources or activities specifically identified in or pursuant to the MRP as conditionally exempt discharges shall not be a violation of this chapter; provided, that (a) they are identified by the city or San Francisco Bay Regional Water Quality Control Board as not being sources of pollutants to receiving waters, or (b) applicable BMPs are developed and implemented to eliminate adverse impacts associated with such sources or activities and required conditions described in the MRP are met prior to the discharge.

B. If the Regional Water Quality Control Board or the city determines that an exempt or conditionally exempt discharge results in or contributes to a violation of the MRP or of any applicable water quality standard for receiving waters, either separately or when combined with other discharges, or is a danger to public health or safety, the authorized enforcement official may give written notice to the responsible person that the discharge exemption shall not apply to the discharge at issue following a ten (10) day period commencing upon delivery of the notice. Upon expiration of the ten (10) day period any such discharge shall be unlawful. (Ord. 7-24 § 2 (Exh. A))

7.74.110 Discharge in violation of permit.

A. Any discharge that would result in or contribute to a violation of the MRP, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

B. Every owner of real property within the city shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property. When there are multiple property owners, the property owners shall have joint and several liability.

1. Every property owner in the city is required to conduct all activities in a manner to avoid violation of this code and to correct any nuisance condition.

2. It shall be the duty of every property owner to keep all parcels of land under the property owner’s possession or control free of nuisance conditions. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.080)

7.74.120 Illicit discharge and illicit connections.

A. It is prohibited to establish, use, maintain, commence, or continue any illicit drainage connections or illicit discharges to the MS4. 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.

1. Any person responsible for a discharge, spill or pollutant release, including those resulting from activities associated from mobile businesses, shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

2. Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.

3. The city may perform cleanup and abatement work and recover its costs from the responsible person as provided in Section 1.04.061. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Article IV and the Dublin Municipal Code.

B. The authorized enforcement official shall have the authority to inspect any activity conducted within the city pursuant to Article IV.

C. When any activity is being performed contrary to the provisions of this code and has the potential to result in a discharge to the MS4, the authorized enforcement official may order the activity stopped until appropriate controls are implemented pursuant to Article IV. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.090)

7.74.130 Reduction of pollutants in stormwater.

Any person engaged in activities that will or may result in pollutants or waste discharges entering the MS4, natural surface waters, or watercourses shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants and waste discharges. Examples of such activities include, but are not limited to, ownership and use of facilities such as parking lots, gasoline stations, auto services, industrial facilities, and commercial facilities fronting city streets. The following minimal requirements shall apply:

A. Littering.

1. 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 structure, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant or waste discharge, except in lawfully established garbage containers or in lawfully established dumping grounds.

2. No person shall throw or deposit litter in any fountain, pond, lake, creek, or any other body of water in a park or elsewhere within the city.

B. Standard for Maintenance of Premises.

1. Persons owning or operating premises shall clean the property and storm drainage structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or waste to the MS4.

2. The responsible person for any business in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter, roadway, or MS4, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

3. If wet cleaning is required to maintain the appearance of the sidewalk, parking lot, or other exterior surfaces, the surface cleaning guidelines established by the Alameda Countywide Clean Water Program shall be used.

C. Trash Control.

1. An authorized enforcement official may require installation and maintenance of full trash capture device(s) that meet the requirements of the San Francisco Bay Regional Water Quality Control Board on private storm drain inlets if implemented BMPs do not prevent the discharge of trash or other pollutants to the MS4 from private parking lots and drainage facilities.

2. At a minimum, the full trash capture system covering the entirety of the parcel must be installed before the on-site drainage enters the MS4 (i.e., trash capture must take place no farther downstream than the last private stormwater drainage structure on site).

3. The authorized enforcement official may require persons owning, operating, or maintaining such premises to enter into an operation and maintenance agreement, in a form approved by the city and which has been recorded against the property with the Alameda County Recorder’s Office, to ensure perpetual operation and maintenance of the full trash capture system.

4. Upon transferring ownership of the property, any property owner required to install and maintain a full trash capture system shall notify the city in writing of the transfer of ownership, provide the new owners with a copy of the maintenance agreement, and inform the new owners in writing of their obligation to properly operate and maintain the full trash capture system.

5. It shall be unlawful to alter, modify, change, or remove any full trash capture system without first obtaining from the authorized enforcement official written certification that the requirements of this article and the MRP have been satisfied.

D. Organic Matter.

1. Sweeping, blowing, or otherwise causing leaf litter, yard trimmings, or other organic matter in a manner that allows it to enter the MS4 is prohibited.

E. Notice of Intent and Compliance With State Water Resources Control Board General Stormwater Permits.

1. 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 Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board, shall provide notice of intent to comply with, and undertake all activities required by any general stormwater permit as applicable to such discharges.

F. Proof of compliance with a general stormwater permit may be required in a form acceptable to the city’s designated representative prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan or business license; upon inspection of a facility; during any enforcement proceeding or action; or for any other reasonable cause.

G. 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, intentional overflow or application, or inadequate maintenance. Irrigation systems must be designed and maintained to conserve water and prevent water from leaving the area of application. Responsible persons shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:

1. Detect and repair leaks from the irrigation system within seventy-two (72) hours of discovering the leak;

2. Properly design and aim sprinkler heads to only irrigate the planned application area;

3. Do not irrigate during precipitation events; and

4. Where recycled water is used for irrigation, the user must conform to the requirements set forth in Chapter 8.88, Water-Efficient Landscaping Regulations, as amended from time to time, or those given by the MRP, whichever are greater.

H. Best Management Practices (BMPs) and Standards to Reduce Stormwater and Non-Stormwater Pollutants.

1. Responsibility to Implement BMPs. Any person engaged in activities or operations or owning or occupying facilities or property that will or may result in pollutants entering the MS4 or receiving waters shall implement BMPs to prevent and reduce such pollutants.

I. City May Establish BMPs. In addition to BMPs set forth in any general stormwater permit or individual NPDES permit, and notwithstanding the discharge exemptions set forth in this section, the city may establish and require compliance with BMPs for any activity, operation, or facility that may cause or contribute to degradation, pollution, or contamination of stormwater, the MS4, or receiving waters.

J. The Public Works Director may require submission of information to evaluate the implementation and/or require the implementation of BMPs, including, but not limited to, the following:

1. Minimum BMPs. All dischargers must implement and maintain at least the following minimum best management practices: Appropriate BMPs will be implemented to prevent pollutant and waste sources from entering the city’s storm drain collection system that are associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surfaces, or other sources determined by the Public Works Director to have a reasonable potential to contribute to pollution of stormwater runoff.

2. Inspection, Maintenance, Repair and Upgrading of Best Management Practices. Best management practices at staffed and unstaffed facilities must be inspected and maintained by the discharger according to manufacturer specifications and/or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks. These best management practices must be maintained so that they continue to function as designed. Best management practices that fail must be repaired as soon as it is safe to do so. If the failure of a best management practice indicates that the best management practices in use are inappropriate or inadequate to the circumstances, the practices must be modified or upgraded to prevent any further failure in the same or similar circumstances.

K. Containment and Notification of Spills.

1. Notwithstanding any other requirement of law, any known or suspected spill or release of pollutants or wastes which result or may result in an illicit discharge into the city of Dublin storm drain system, waters of the United States, or waters of the state, shall be reported immediately in the following manner by any responsible person for a facility or responsible person for the facility’s emergency response:

a. The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).

b. The release of a nonhazardous waste shall be reported to the Public Works Department at 925-833-6630 no later than five p.m. (5:00 p.m.) on the same business day. If the release occurs on a weekend or holiday, notification by phone shall be made on the next business day. A written notification of the release shall also be made to the Public Works Director within five (5) business days of the release.

2. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.100)

7.74.140 Special districts.

The city has the authority and duty to require adherence to the MRP by special districts, if the special district intends to connect to the MS4. (Ord. 7-24 § 2 (Exh. A))

Article III. Stormwater Quality Management for Development

7.74.150 Construction activities.

All construction sites shall implement effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction (including, but not limited to, demolition, site grading, building and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. Construction sites shall conform to the MRP Provision C.6 Construction Site Control requirements, as well as the following requirements:

A. Any person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of sediment, construction waste or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse.

B. Any person performing construction activities for which a city permit is required must submit for review and approval an erosion and sediment control plan, as described in the grading regulations ordinance, Section 7.16.600. Said plan shall also include appropriate BMPs that provide for effective control for other pollutants or waste that may be generated from the site. City permits shall not be issued until an acceptable erosion and sediment control plan is submitted and approved. All projects performed in the city must comply with the following provisions:

1. Projects regulated under the State Construction General Permit shall present evidence of coverage under the State Construction General Permit by disclosing the Waste Discharger Identification (WDID) number.

2. Projects not covered by the State Construction General Permit shall complete an urban runoff requirements acknowledgement, or other equivalent form as available from the city. No construction activity may commence until adequate BMPs have been installed conforming to the State Construction General Permit and/or MRP Provision C.6 Construction Site Control requirements.

C. The erosion and sediment control plan shall be implemented year-round and must be updated to reflect changing conditions on the project site. Modifications to the erosion and sediment control plan shall be submitted to the city for review and approval.

D. Ground-disturbing activities requiring a permit shall provide signage notifying the public to call the City Public Works Department at (925) 833-6630 for spills or erosion control violations. The sign shall be at least eighteen (18) inches, made of materials that shall withstand weather for the duration of the project, and shall be clearly visible from the right-of-way. Lettering shall be at least three (3) inches high and easily readable.

E. The city’s authorized enforcement official shall have the authority to inspect construction activities with the city pursuant to Article IV.

F. When any work is being performed contrary to the provisions of this section, 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 Dublin Municipal Code. (Ord. 7-24 § 2 (Exh. A))

7.74.160 Development and redevelopment requirements.

Development projects shall conform to the MRP Provision C.3 New and Redevelopment Standards, Provision C.6 Construction Site Control Requirements, and Provision C.10 Trash Load Reduction Requirements.

A. Stormwater Source Controls. Source controls as described in the MRP and in further detail in the city of Dublin Stormwater Standard Plans, are required for all development projects doing work in the city. Exemptions from certain stormwater source controls due to extreme hardship may be granted on a limited basis.

B. Site Design Techniques. Development projects that fall into the applicable thresholds as defined in the MRP, shall incorporate at least one (1) of the following site design techniques, as applicable to the project:

1. Direct roof runoff areas into cisterns or rain barrels for use.

2. Direct roof runoff onto vegetated areas through disconnected roof leaders that are properly located to prevent erosion of landscaped materials.

3. Direct runoff from sidewalks, walkways, patios, driveways, or uncovered parking to vegetated areas.

4. Construct sidewalks, walkways, patios, driveways, uncovered parking, or bike lanes with permeable surfaces as defined in the MRP.

Applicants for these projects shall select, design, and construct these site design measures, as applicable, with the requirements and guidelines set forth in the most current version of following documents:

1. Municipal Regional Stormwater NPDES permit.

2. Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or the Alameda Countywide Clean Water Program website.

C. Regulated projects, as defined in the MRP and Section 7.74.040, are required to incorporate additional site design, stormwater treatment, and hydromodification management measures. These measures are required to remain in place post-construction to address stormwater runoff pollutant discharges and prevent increases in runoff flow rates and volumes. Applicants for new development and redevelopment projects shall select, design and construct site design, stormwater treatment, and hydromodification management measures, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of following documents:

1. Municipal Regional Stormwater NPDES permit.

2. City of Dublin Stormwater Standard Plans.

3. C.3 Technical Guidance Manual.

D. Regulated projects shall include LID/GSI treatment measures, as set forth in the MRP, per the following provisions:

1. Project Phasing. Project proponents may not phase projects to avoid implementing stormwater requirements. Projects submitted to the city within one year for the same property shall be considered one project in terms of creating or replacing impervious surface area. Project proponents shall meet the applicable requirements based on cumulative impervious surface on the property. In addition, any project, phase of project, or individual lot within a larger previously approved project, shall be considered one project, and must adhere in its entirety to the requirements of this section, as set forth at the time of submittal of the most recent application.

2. Subdivisions of Land. Parcels of land which are subdivided for future construction shall make provision for stormwater requirements anticipating future build out. Stormwater improvements shall be considered part of the infrastructure and are required to be installed with other infrastructure improvements.

3. Placement of LID/GSI Treatment Measures in Common Areas. In subdivisions, stormwater treatment systems shall be placed in a common area unless prior approval has been obtained by the authorized enforcement official.

4. LID/GSI treatment measures shall not be placed in backyards, or in areas where fencing obstructs access for periodic inspection. All LID/GSI facilities shall be accessible without having to request access through locked areas.

5. Alternative Compliance for Low Impact Development. Notwithstanding the provisions of Section 7.74.180, the authorized enforcement official may, in accordance with the MRP, authorize a regulated project to provide alternate compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID/GSI treatment measures at an on-site location that otherwise would not require treatment, or at an off-site location in the same watershed, in accordance with the MRP. The applicant must request approval for use of alternate compliance prior to approval of a tentative subdivision map or, if there is no subdivision map, prior to approval of a building permit for the regulated project. In order to request the use of alternate compliance, the applicant must identify the proposed project location, demonstrate to the satisfaction of the authorized enforcement official that the site is appropriate for use as an LID/GSI treatment location, and provide evidence that it has obtained the rights to use the project location, as necessary, and that the project will be constructed within the time frames specified in the MRP.

6. Construction-Phase LID/GSI Requirements.

a. Bioretention Soil Media (BSM) Certification. For LID/GSI incorporating bioretention, certification of the Bioretention Soil Media (BSM), as set forth in the C.3 Technical Guidance Manual, Appendix K, provided by the supplier.

b. GPS Coordinates. Prior to the city granting final certificate of occupancy or acceptance of improvements, the applicant shall provide GPS coordinates for all installed stormwater treatment facilities, hydromodification management measures, and trash capture devices. The coordinates shall be in a format determined in one of two formats:

i. GIS layer (shape file or feature class in a geodatabase): Minimally, provide a GIS point layer of the facility inlet, and ideally provide a GIS polygon layer of facility footprint. Layer(s) should contain the device type, manufacturer, model, and date it was installed.

ii. Excel file (csv or text file) with the information noted above, in addition to a coordinate location pair of Latitude/Longitude or X/Y Coordinates in North American Datum (NAD) 1983 State Plane California III FIPS 0403 Feet, WKID: 2227, Authority: EPSG.

E. Hydromodification Management Measures.

1. Regulated projects that are designated as hydromodification management projects under the MRP shall demonstrate that the project will not cause an increase in stormwater runoff flow rates, volume, or flow durations over the pre-project existing condition based on the design criteria set forth in the MRP.

2. Hydromodification management projects shall implement on-site hydromodification management controls unless a regional hydromodification management control is available to control all or a portion of the project runoff or the project qualifies to use an in-stream alternative hydromodification control measure to control all or a portion of the project runoff.

F. Requirement for Stormwater Management Plan. A stormwater management plan shall consist of a preliminary plan to ensure adequate planning for the management of stormwater runoff and quality control, and a final plan, as approved by a designee of the Public Works Director or City Engineer. Both plans shall be in accordance with the criteria established in the following provisions:

1. A preliminary stormwater management plan shall be submitted for review and approval with all subdivision map, site plan, building permit, or improvement plan applications.

2. The final stormwater management plan must be submitted for review and approval by the Public Works Director or City Engineer as part of the improvement plan review process.

3. All stormwater management plans shall be appropriately sealed and signed by a professional engineer in adherence to all minimum standards and requirements pertaining to the practice of that profession.

4. The stormwater treatment systems must be designed in accordance with the requirements specified in the MRP and with the design guidelines detailed in the most recent C.3 Technical Guidance Manual.

G. Maintenance Access Easements.

1. The property owner must ensure access from the public right-of-way to stormwater treatment facilities, HM systems and full trash capture devices for the purpose of inspection, maintenance, and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. The maintenance access easement must be located such that the stormwater treatment systems are readily accessible for inspection purposes during regular working hours.

H. LID/GSI Requirements for Projects Improving Street, Sidewalk, or Road Frontage. Portions of the public right-of-way that may generate runoff, including sidewalks, curb extensions, pavement replacement, and curb and gutter replacement in the street frontage, that are constructed or reconstructed as part of the regulated project are considered part of the regulated project.

I. Additional Measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit. (Ord. 7-24 § 2 (Exh. A))

7.74.170 Reserved for potential future in-lieu fee.

(Ord. 7-24 § 2 (Exh. A))

7.74.180 Trash reduction requirements.

All development projects, including tenant improvement projects, shall conform to the MRP Provision C.10 Trash Load Reduction requirements.

A. Full Trash Capture Systems or Devices and Actions.

1. All development projects are required to install on-site full trash capture systems or devices selected from the list of full trash capture systems or multi-benefit trash treatment systems certified by the State Water Board. Alternately, development projects may install regional, off-site full trash capture devices if approved by the city.

2. Full trash capture systems or devices are required to remain in place throughout the life of the development project to reduce trash loads from the MS4. Applicants for development projects shall select, design, and construct full trash capture systems or devices, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of the following documents:

a. MRP.

b. C.3 Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or Alameda Countywide Clean Water Program website.

B. If it is infeasible to install full trash captures systems or devices, trash control actions shall be implemented that provide for an equivalent trash reduction.

1. The applicant must demonstrate to the satisfaction of the city that the trash control programs implemented in lieu of full trash capture devices or systems will provide an equivalent level of trash load reduction. Applicants shall develop and submit a full trash capture equivalency plan to the city for approval. The plan must include the planned trash control actions, projected trash reductions of the actions, implementation schedule, entities responsible for implementing the actions, and the plan to inspect and verify the effectiveness of the actions.

C. Operation and Maintenance. Installed full trash capture trash systems or devices shall be operated and maintained by the responsible person for the life of the project, following the manufacturer’s recommendations for maintenance.

D. Additional Measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit. (Ord. 7-24 § 2 (Exh. A))

7.74.190 Stormwater management maintenance agreements.

A. It is a violation of this code for any landowner to fail to properly operate and maintain any approved full capture trash device, stormwater treatment facilities, hydromodification management facilities and/or source control best management practices on the owner’s property. Stormwater treatment systems which do not have a stormwater management maintenance agreement must be maintained as required by the manufacturer’s guidelines and/or to ensure intended functioning of the system(s).

B. Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a stormwater management maintenance agreement for the property. The stormwater management maintenance agreement, also known as the operation and maintenance agreement, shall run with the land, and shall be recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the stormwater management maintenance agreement are fully enforceable by law. Enforcement action, as detailed in Article IV, may be taken for failure to meet any of the requirements of the stormwater management maintenance agreement.

C. The stormwater management maintenance agreement must be entered into between the property owner and the city. Responsibility for the operation and maintenance of the stormwater treatment systems shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title, and notification of the successor must be provided to the city.

D. The property owner shall bear responsibility for major repair or replacement of any facilities installed in the public right-of-way as a condition of project approval.

E. Maintenance of stormwater treatment systems shall be completed in accordance with the stormwater management maintenance agreement. The stormwater management maintenance agreement shall be irrevocable and shall obligate all current and future landowners to bear all costs for the annual maintenance, replacement, and record keeping of all stormwater treatment systems.

F. Site plans and operations and maintenance plans for recording shall show at a minimum:

1. Location of on-site stormwater treatment facilities, HM facilities, and full trash capture systems.

2. Location of off-site/public stormwater treatment facilities, HM facilities, and full trash capture systems.

3. A note to reference any stormwater treatment systems stating: “As part of the original construction of the development, stormwater treatment systems were installed within the development in connection with the development’s drainage system. Neither the association nor any responsible person or owner shall do any work, construct any improvement, place any landscaping, or otherwise perform any action whatsoever which alters or interferes with the drainage pattern for any lot or any portion of the common areas, except to the extent such alteration in drainage pattern is approved in writing by the city of Dublin.”

4. A note to reference the stormwater management maintenance agreement: “The on-site stormwater treatment systems shall be inspected and maintained as detailed in the stormwater management maintenance agreement.”

5. The extent of watercourse buffer, if any, on the subject property by the parcel’s boundary landmarks and a label of the watercourse buffer.

6. Provide a note to reference any watercourse buffer stating: “There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the city of Dublin.”

7. A note to reference any protective covenants governing all watercourse buffer areas stating: “Any watercourse buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas.”

G. Annual Report. A report of the annual inspection and maintenance activities completed on the stormwater treatment systems shall be submitted to the city by December 30th each year. The annual inspection report shall include all completed inspection and maintenance forms for the reporting period. The annual inspection shall also include a record of the volume of all accumulated sediment and trash removed from the stormwater treatment systems.

H. Transfer of Property. When a property subject to a stormwater management maintenance agreement is sold, conveyed, or otherwise transferred to another entity, the property owner shall provide written notice of said document to the transferee and provide the city a copy of such notice.

I. Inspection of Systems. The authorized enforcement official shall have the authority to inspect stormwater treatment facilities, HM facilities, full trash capture devices and/or source control BMPs pursuant to Article IV.

J. Inadequacy of the System.

1. If a stormwater treatment facility, HM facility, source control BMP, or full trash capture device is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the approved stormwater management plan, it shall be corrected by the responsible person before the development project is finalized and accepted. If the responsible person fails to act, the city may use the performance bond to complete the work.

2. If a stormwater treatment, HM system, or trash capture device or system is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the responsible person. If the responsible person fails to act, the city may pursue corrective actions or enforcement pursuant to Article IV. (Ord. 7-24 § 2 (Exh. A))

Article IV. Inspection and Enforcement

7.74.200 Authority to inspect and sample.

A. General Procedures.

1. The authorized enforcement official has authority to conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources and waste discharges, routine inspections, random sampling, sampling in areas with evidence of stormwater pollution, contamination, illicit connections, discharge of non-stormwater.

2. The authorized enforcement official may enter such building or premises at all reasonable times to inspect the same, to inspect and copy records related to stormwater compliance, take measurements, or perform any duty imposed upon the official by this chapter; provided that:

a. If such building or premises is occupied, the authorized enforcement official shall first present proper credentials and request entry; and

b. If such building or premises is unoccupied, the authorized enforcement official shall first make a reasonable effort to locate the owner or other responsible person having charge or control of the building or premises and request entry.

3. Any such request for entry shall state that the property owner or responsible person has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner or responsible person refuses entry after such request has been made, or in the event that the owner or responsible person for the building or premises cannot be located, an inspection/abatement warrant authorizing entry shall be obtained prior to the city’s entry onto the building or premises. The official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such warrant authorizing entry.

4. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors.

5. Inspections deemed necessary to carry out the objectives of this chapter shall be subject to an inspection fee, consistent with the city’s current fee schedule for these specific activities.

B. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

C. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or wastes which may result in pollutants or non-stormwater discharges entering the MS4, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release, and shall notify the city of the occurrence by contacting the City Public Works Department at (925) 833-6630 during regular working hours and confirming the notification by correspondence to the same. After regular working hours, provide notification of spills by contacting the City of Dublin Fire Department Dispatch at 925-447-4257.

D. Follow-Up Action. In accordance with Sections 7.74.090 and 7.74.130, and following city inspection, the city may require that any person in charge of a facility or responsible for emergency response for a facility that has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the MS4, take appropriate action to prevent discharge of pollutants or wastes, including, but not limited to, implementation of appropriate BMPs, as described in Section 7.74.130, and/or installation of full trash capture systems or devices.

E. Requirement to Test or Monitor. An authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs of these activities, shall be borne by the person. The requested analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.120)

7.74.210 Violations constituting misdemeanors or infractions.

Unless otherwise specified by ordinance, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the city, be charged and prosecuted as an infraction. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.130)

7.74.220 Penalty for violation.

A. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

B. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third infraction conviction for a violation of the same provision within a twelve (12) month period, subsequent violations of that same provision within a twelve (12) month period may be charged as a misdemeanor. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.140)

7.74.230 Continuing violation.

Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, shall be punishable accordingly as herein provided. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.150)

7.74.240 Concealment.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.160)

7.74.250 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalty. Any enforcement action authorized under this code may also include notice to the violator of such potential liability. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.170)

7.74.260 Violations deemed a public nuisance.

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance. Such condition may be summarily abated and/or restored by any authorized enforcement official pursuant to Chapter 5.64 of the Dublin Municipal Code, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

B. The cost of such abatement and restoration shall be borne by the responsible person for the property, and the cost thereof shall be a lien upon and against the property. The procedures of Article IV, Chapter 5.64 of the Dublin Municipal Code shall be followed for any such lien.

C. If violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.180)

7.74.270 California Code of Civil Procedure Section 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.190)

7.74.280 Civil actions.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.200)

7.74.290 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement official has the authority to utilize the applicable administrative remedies set forth in Dublin Municipal Code, Chapter 1.06, Administrative Citations, in addition to any or all of the following that apply:

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement, (2) comply with a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean and Abate. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants or wastes entering the MS4 or a non-stormwater discharge to the MS4, the official may give notice to the responsible person and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

C. Verbal Warning or Written Warning. When an authorized enforcement official finds that a discharger has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other stormwater standards or requirement, the authorized enforcement official may serve upon that discharger a verbal or written warning notice or notice of violation. The notice includes required corrective actions to occur within a reasonably short and expedient time frame commensurate with the threat to water quality.

D. Stop Work Order. Whenever an authorized enforcement official finds that a discharger has performed work contrary to the provisions of this section, 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.

E. Withholding Plan Approvals or Permits. Whenever an authorized enforcement official finds that a discharger has performed work contrary to the provisions of this section the city may withhold the issuance of approvals or permits for ongoing or continued work at the property. Such actions by the city may include, but are not limited to, withholding final certificate of occupancy or acceptance of improvements until the violation has been corrected. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.210)

7.74.300 Authority to issue citations or arrest.

A. Authorized enforcement officials may issue a citation for an infraction and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.

B. Police officers, but not authorized enforcement officials, shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code, or as the same may be hereinafter amended. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.220)

7.74.310 Remedies not exclusive.

Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.230)

Article V. Coordination with Other Programs

7.74.320 Coordination with Hazardous Materials Inventory and Response Program.

The first revision of the business plan for any facility subject to the city’s Hazardous Materials Inventory and Response Program shall include a program for compliance with this chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce the discharge of pollutants or wastes to the maximum extent practicable. (Ord. 7-24 § 2 (Exh. A); Ord. 9-92 § 2 (part). Formerly 7.74.240)

Article VI. Dublin Ranch East Side Storm Drain Benefit District

7.74.330 Purpose.

The purpose of this article is to create a local benefit district, pursuant to California Government Code Section 66487, to provide for the levy and collection of charges as a condition of approving the development of properties within the benefit district that will necessitate, and benefit from, the construction of storm drain improvements. The owner, developer, or other person holding an interest in property in the benefit district shall be required to pay the city charges equal to their share (according to the benefit analysis) of the actual cost of constructed improvements. Charges for already constructed improvements shall be an amount equal to the proportional benefit to the benefited property of improvements constructed with supplemental capacity that will benefit or be used by the benefited property. (Ord. 7-24 § 3; Ord. 6-07 § 1. Formerly 7.74.250)

7.74.340 Definitions.

For the purpose of this article, the following words and phrases shall have the following meanings:

“Benefit district” means the Dublin Ranch East Side Storm Drain Benefit District, which includes the area described in Recital D of the ordinance codified in this article.

“Benefited property” means a property within the benefit district which receives benefit from the construction of an improvement.

“Financing party” means a property owner, developer, or governmental entity that is required to install improvements which benefit properties within the benefit district.

“Improvement” is defined in Recital C of the ordinance codified in this article.

“Land use entitlement” may include any of the following: a permit or approval granted by the city for the development of property, a conditional use permit, final subdivision map, a tentative subdivision map, a development agreement, a grading permit, and a site design review approval. (Ord. 7-24 § 3; Ord. 6-07 § 2. Formerly 7.74.260)

7.74.350 Adoption of local drainage plan.

Pursuant to Government Code Section 66483, the City Council hereby adopts the Engineer’s Report, attached to the ordinance codified in this article, as the local drainage plan for the benefit district. (Ord. 7-24 § 3; Ord. 6-07 § 3. Formerly 7.74.270)

7.74.360 Creation of local benefit district.

Pursuant to its authority under Government Code Section 66487, the City Council hereby creates the Dublin Ranch East Side Storm Drain Benefit District, a local benefit district consisting of the benefited properties labeled Parcels 1 through 11 as shown in Figure 4 of the Engineer’s Report, identified by their Assessor Parcel Numbers listed in Figure 6 of the Engineer’s Report, and those remaining portions of the benefit district referred to in the Engineer’s Report as the Dublin Ranch Drainage Shed. (Ord. 7-24 § 3; Ord. 6-07 § 4. Formerly 7.74.280)

7.74.370 Obligations imposed.

Upon the approval of a land use entitlement for any benefited property in the district, the owner, developer, or other person with an interest in such property shall be required, as a condition of approving the land use entitlement, to pay the applicable benefit charges for the property, as set forth in Figure 6 of the Engineer’s Report as thereafter adjusted for interest in the manner set forth below. Payment for a benefited property within the benefit area shall be required at the time the city approves any final or parcel map on that property or at the time the city issues a building permit on that property, whichever is earlier. To account for interest during the period between the completion of the improvements and the adoption of the ordinance codified in this section, the charges listed in Figure 6 of the Engineer’s Report shall be increased by amounts that would have been applied using the interest adjustment procedure described below, if the charges had been adjusted for interest each July 1st following the January 1, 2005, completion date of the improvements. These amounts are as follows: 1.87 percent for the July 1, 2005, adjustment; 3.42 percent for the July 1, 2006, adjustment; and 4.94 percent for the July 1, 2007, adjustment. Following the first such increase, each increase shall be applied to the previously adjusted benefit charge. Beginning with the interest adjustment to be effective July 1, 2008, the interest-adjusted benefit charges shall be increased automatically at the beginning of each fiscal year by the rate of return that the city earns from its local agency investment fund (“LAIF”). The annual increases will be calculated as follows:

A. On or about each July 1st, the City Finance Department will prepare a schedule setting forth the revised benefit charges for the particular fiscal year. Notwithstanding the foregoing, if the schedule has not been prepared for a particular fiscal year, the applicable fee shall nonetheless be based on the adjusted amount.

B. The adjusted benefit charges shall be determined by multiplying the benefit charge from the previous fiscal year by the average return earned by the State of California Local Agency Investment Fund (LAIF), calculated using the average of four (4) quarters ending the previous March 31st. (LAIF quarterly rates are typically not available until one (1) month following the end of the quarter.)

C. Example. The following example of the interest adjustment calculation is for illustrative purposes only:

1. Determination of Interest Adjustment Rate, July 1, 2007.

LAIF Quarter Ending	LAIF Quarterly Rates
June 30, 2006	4.53%
September 30, 2006	4.93%
December 31, 2006	5.11%
March 30, 2007	5.17%
Average 4 Quarters	4.94%

2. Amounts owed as described in this section would be increased July 1, 2007, by 4.94 percent provided they were paid prior to June 30, 2008. Unpaid amounts would be adjusted again each July 1st in the same manner. (Ord. 7-24 § 3; Ord. 11-08 § 1: Ord. 6-07 § 5. Formerly 7.74.290)

7.74.380 Use of credits.

With respect to facilities necessary to provide drainage to a benefits property that have already been constructed, are under construction, or are a condition of developing another property, no charge shall be levied on a benefited property if the financing party for those facilities has indicated in writing to the city that a credit should be granted to the owner of the benefited property. In that event, the total reimbursable owed to the financing party for facilities construction shall be reduced by an amount equal to such credit. (Ord. 7-24 § 3; Ord. 6-07 § 6. Formerly 7.74.300)

7.74.390 Use of charge revenue.

Charges collected from owners of benefited properties shall be used to reimburse financing parties pursuant to a reimbursement agreement approved by the City Manager in accordance with Section 7.74.410. (Ord. 7-24 § 3; Ord. 6-07 § 7. Formerly 7.74.310)

7.74.400 Recordation.

The City Manager is authorized and directed to record in Official Records of Alameda County a notice of establishment of benefit district in substantially the form of Exhibit B to the ordinance codified in this article identifying properties included in the benefit district with an appropriate map in order that owners of benefited properties shall be on notice regarding the benefits and obligations of the benefit district. (Ord. 7-24 § 3; Ord. 6-07 § 8. Formerly 7.74.320)

7.74.410 Reimbursement agreements.

The City Manager is herby authorized to enter into reimbursement agreement with financing parties consistent with the terms of this article, Government Code Section 66485 et seq., and the adopted Engineer’s Report. (Ord. 7-24 § 3; Ord. 6-07 § 9. Formerly 7.74.330)

Article VI. Dublin Ranch West Side Storm Drain Benefit District

7.74.420 Purpose.

The purpose of this article is to create a local benefit district, pursuant to California Government Code Section 66487, to provide for the levy and collection of charges as a condition of approving the development of properties within the benefit district that will necessitate, and benefit from, the construction of storm drain improvements. The owner, developer, or other person holding an interest in property in the benefit district shall be required to construct specified drainage improvements and dedicate them to the city or pay the city charges equal to their share (according to the benefit analysis) of either the estimated costs of constructing those improvements or the actual cost of already constructed improvements. Charges for already constructed improvements shall be an amount equal to the proportional benefit to the benefited property of improvements constructed with supplemental capacity that will benefit or be used by the benefited property. (Ord. 7-24 § 3; Ord. 14-08 § 1. Formerly 7.74.340)

7.74.430 Definitions.

For the purpose of this article, the following words and phrases shall have the following meanings:

“Benefit district” means the Dublin Ranch West Side Storm Drain Benefit District, which includes the property described in Recital E of the ordinance codified in this article.

“Benefited property” means a property within the benefit district which receives benefit from the construction of an improvement.

“Financing party” means a property owner, developer, or governmental entity that is required to install improvements which benefit properties within the benefit district.

“Improvements” is defined in Recital C of the ordinance codified in this article.

7.74.440 Adoption of local drainage plan.

7.74.450 Creation of local benefit district.

Pursuant to its authority under Government Code Section 66487, the City Council hereby creates the Dublin Ranch West Side Storm Drain Benefit District, a local benefit district consisting of the benefited properties labeled Parcels 1 through 31 as shown in Exhibit F to Attachment 1 of the ordinance codified in this article, which properties are further identified by the assessor parcel numbers listed in Exhibit E to Attachment 1 of the ordinance codified in this article. (Ord. 7-24 § 3; Ord. 14-08 § 4. Formerly 7.74.370)

7.74.460 Obligations imposed.

B. The revised benefit charges shall be determined by multiplying the benefit charge from the previous fiscal year by the average return earned by the State of California Local Agency Investment Fund (LAIF), calculated using the average of four (4) quarters ending the previous March 31st. (LAIF quarterly rates are typically not available until one (1) month following the end of the quarter.)

C. Example. The following example of the interest adjustment calculation is for illustrative purposes only:

1. Determination of Interest Adjustment Rate July 1, 2007.

LAIF Quarter Ending	LAIF Quarterly Rates
June 30, 2006	4.53%
September 30, 2006	4.93%
December 31, 2006	5.11%
March 30, 2007	5.17%
Average 4 Quarters	4.94%

2. Amounts owed as described in this section would be increased July 1, 2007, by 4.94 percent, provided they were paid prior to June 30, 2008. Unpaid amounts would be adjusted again each July 1st in the same manner. (Ord. 7-24 § 3; Ord. 33-08 § 1: Ord. 14-08 § 5. Formerly 7.74.380)

7.74.470 Use of credits.

With respect to facilities necessary to provide drainage to a benefited property that have already been constructed, are under construction, or are a condition of developing another property, no charge shall be levied on a benefited property if the financing party for those facilities has indicated in writing to the city that a credit should be granted to the owner of the benefited property. In that event, the total reimbursable owed to the financing party for facilities construction shall be reduced by an amount equal to such credit, as adjusted by the annual inflator included in Section 7.74.460. (Ord. 7-24 § 3; Ord. 14-08 § 6. Formerly 7.74.390)

7.74.480 Use of charge revenue.

Charges collected from owners of benefited properties shall be placed into an account for this benefit district and used to reimburse financing parties (in the proportions shown in Attachment 3 to the ordinance codified in this article) pursuant to reimbursement agreements approved by the City Manager in accordance with Section 7.74.410. Any surplus revenue from the charges imposed by this article shall be used as provided for in Government Code Sections 66483.1 and 66483.2 with preference for reimbursement of the original payer, when feasible. (Ord. 7-24 § 3; Ord. 14-08 § 7. Formerly 7.74.400)

7.74.490 Reimbursement agreements.

The City Manager is hereby authorized to enter into reimbursement agreements with financing parties consistent with the terms of this article, Government Code Section 66485 et seq., and the adopted Engineer’s Report. (Ord. 7-24 § 3; Ord. 14-08 § 9. Formerly 7.74.410)