Chapter 6-13 STORMWATER TREATMENT DESIGN, MANAGEMENT, AND DISCHARGE CONTROL PROGRAM

(c) Reducing pollutants in stormwater discharges to the maximum extent practicable. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.103 Definitions.

(a) Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the 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: discharge; illicit discharge; pollutant; and stormwater.

These terms presently are defined as follows:

(1) “Discharge” means any addition of any pollutant to navigable waters from any point source, or any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(2) “Illicit discharge” means any discharge to the City storm sewer system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit and discharges resulting from firefighting activities.

(3) “Pollutant” means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive material, gasoline, petroleum (including without limitation crude oil or any fraction thereof), rock, sand, earth material and industrial, municipal, and agricultural waste discharge into water.

(4) “Stormwater” means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

(b) When used in this chapter, the following words shall have the meanings ascribed to them in this section:

(1) “Authorized enforcement official” means the Public Works Director or his/her designee, so designated in writing.

(2) “Best management practices (BMPs)” means 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, permanent site design and treatment measures, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(3) “City” means the City of Emeryville.

(4) “City storm sewer system” 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 CFR Section 122.2.

(5) “Development” and “redevelopment” mean the creation or replacement of impervious surfaces, including but not limited to buildings, rooftops, decks, patios, covered and uncovered walkways, parking and circulation areas.

(6) “Impervious surface” means any material that prevents the infiltration of stormwater into the ground, including but not limited to impermeable concrete, asphalt, brick, and pavers.

(7) “Mechanical treatment measure” means a treatment facility that filters stormwater via an artificial medium, swirl separating, or settling; examples include, but are not limited to, storm drain inlet filters, vault-based media filters, swirl separators, and oil-water separators. To satisfy the requirements of this chapter, mechanical treatment measures must remove fine sediments, dissolved metals, trash, and oil.

(8) “Non-stormwater discharge” means any discharge that is not substantially composed of stormwater.

(9) “Permanent stormwater treatment facility” means a system designed to remove or reduce stormwater pollutants and/or control the rate of flow or volume of stormwater runoff into the City storm drain system or the waters of the United States.

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

(11) “Stormwater treatment permit” means a permit, issued in accordance with the provisions of Article 4 of this chapter, regulating the design, construction, and operation of permanent stormwater treatment facilities.

(12) “Vegetative treatment measure” means a treatment facility that filters stormwater through plants and soil; examples include, but are not limited to flow-through planter boxes, rain gardens, biofiltration swales, podium and roof plantings, and lowered landscape strips.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.104 Responsibility for Administration.

This chapter shall be administered for the City by the Director of Public Works. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Alameda County Flood Control and Water Conservation District (ACFCWCD) or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency (through contract or agreement executed by the City and such agency) with respect to those watercourses for which they have accepted maintenance.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.105 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 Section 6-13.106, supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA 0029831 and any amendment, revision or reissuance thereof.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.106 Taking.

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then the City Council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in Section 6-13.102 above.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Article 2. Discharge Regulations and Requirements

6-13.201 Discharge of Pollutants.

The discharge of non-stormwater discharges to the City storm sewer system is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge (other than NPDES Permit No. CA 0029831).

(a) Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section 16-13.201 above:

(1) The prohibition to discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

(2) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed in accordance with the requirements of the NPDES stormwater permit for the Alameda County Clean Water Program agencies: water line flushing and other discharges from potable water sources, diverted stream flows, rising groundwater, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, de- chlorinated swimming pool discharges, or flows from firefighting, and accordingly are not subject to the prohibition on discharges.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.202 Discharge in Violation of Permit.

Any discharge that would result in or contribute to a violation of NPDES Permit No. CA 0029831, a copy of which is on file with the City Clerk, or any amendment, revision or reissuance thereof, 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 person(s) shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.203 Illicit Discharge and Illicit Connections.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm sewer system, and to commence or continue any illicit discharges to the City storm sewer system. 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.204 Reduction of Pollutants in Stormwater.

Any person engaged in activities which will or may result in pollutants entering the City storm sewer system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. 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 structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.

(2) The occupant or tenant or, in the absence of the occupant or tenant, the owner, lessor, or proprietor of any real property in the City of Emeryville in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable.

Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

(3) No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City.

(b) Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm sewer system.

(c) Notification of Intent and Compliance with General Permits. 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 California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(d) Compliance with Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any Federal, State of California, regional, and/or City agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be identified by the Director of Public Works.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 1, Ord. 04-009, eff. Aug. 19, 2004; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.205 Watercourse Protection.

Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Director of Public Works:

(a) Discharge into or connect any pipe or channel to a watercourse;

(b) Modify the natural flow of water in a watercourse;

(c) Carry out development within thirty feet (30') of the centerline of any creek or twenty feet (20') of the top of a bank;

(d) Deposit in, plant in, or remove any material from a watercourse, including its banks, except as required for necessary maintenance;

(e) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

(f) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Article 3. Requirements for New Development

6-13.301. Site Design and Source Control Measures.

All works of grading, paving, construction, reconstruction, or rehabilitation that create or replace impervious surface shall incorporate:

(a) Site planning that maximizes pervious surfaces and minimizes impervious surfaces; and

(b) Source control measures that prevent pollutant sources from contacting rainfall and stormwater, as specified by the City Engineer.

Facilities and activities that require source control measures include but are not limited to the following: recycling and trash areas; loading areas; food service equipment cleaning areas; vehicle service and cleaning areas; outdoor processing and equipment and materials storage areas; fuel storage and dispensing areas; parking garages; spas, fountains and pools; and fire sprinkler testing.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.302. Stormwater Management During Construction.

Any person engaged in construction or grading work in the City shall install, maintain, and replace controls and best management practices in order to prevent non-stormwater discharges such as pollution, erosion and sediment runoff onto roadways or into the City storm drain system. The City Engineer shall require and approve a Construction Stormwater Pollution Prevention Plan for any works of construction and/or grading for which such a plan is deemed necessary by the City Engineer. The City Engineer and his or her designee shall have the authority to stop construction and/or grading work on a site where adequate controls and/or best management practices are not in place.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.303. Permanent Stormwater Treatment Measures.

All works of grading, paving, construction, reconstruction, or rehabilitation that create or replace impervious surface shall be designed to incorporate permanent vegetative stormwater treatment measures that, to the maximum extent practicable, comply with the City’s Stormwater Guidelines for Green, Dense Redevelopment. Vegetative treatment measures include, but are not limited to, flow-through planter boxes, rain gardens, biofiltration swales, podium and roof plantings, and lowered landscape strips.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.304. Design of Permanent Stormwater Treatment Measures.

(a) To the maximum extent practicable, permanent stormwater treatment measures shall be designed and constructed to use vegetative, rather than mechanical, measures. Preferred vegetative treatment measures include but are not limited to those defined in the City’s Stormwater Guidelines for Green, Dense Redevelopment.

(b) Only if vegetative treatment measures are determined infeasible due to site characteristics, building uses, or other legitimate reasons, may the City Engineer allow the use of a combination of vegetative and mechanical treatment measures (preferred) or mechanical treatment measures.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.305. Operation and Maintenance of Permanent Stormwater Treatment Measures.

(a) Any person engaged in work of development or redevelopment that requires a stormwater treatment permit shall enter into the City of Emeryville’s standard stormwater treatment measures operations and maintenance agreement assuring the continued operation and maintenance of such treatment measures and allowing access and inspection by the City, the local vector control agency and the Regional Water Quality Control Board. The agreement shall be recorded in the office of the County Recorder and be binding upon all owners of the property.

(b) A stormwater treatment measures operations and maintenance agreement shall be accompanied by a stormwater treatment measures maintenance plan.

(1) A stormwater treatment measures maintenance plan shall include, but is not limited to:

(i) A description of the general characteristics of the site, which may include soil types, groundwater levels, vegetation and natural runoff, impervious surfaces, propensity for erosion and sedimentation, etc.;

(ii) The location and nature of the City’s storm drain system and creeks and/or waters of the United States to which the site drains;

(iii) Location and description of all permanent stormwater treatment measures;

(iv) A plan for routine inspection and maintenance of stormwater treatment measures, including items such as trimming, care and replacement of vegetation, replacement of mulch and compost; sweeping of pavement; and cleaning of screens and filters.

(2) The City Engineer shall have the authority to review and amend maintenance plans for stormwater treatment measures.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Article 4. Stormwater Treatment Permits

6-13.401. Applicability.

The following works of development or redevelopment shall require a stormwater treatment permit issued by the City Engineer or his or her designee:

(a) Works that create or replace impervious surfaces greater than or equal to the surface area subject to the hydraulic numerical treatment requirements of the City’s NPDES permit (ten thousand (10,000) square feet or requirement in current NPDES permit, whichever is less).

(b) Works that construct, modify, remove, or replace a permanent stormwater treatment facility.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.402. Application.

The City Engineer shall determine the application requirements for a stormwater treatment permit. Stormwater treatment permit application requirements shall include, but are not limited to, plans and specifications, amount of impervious surface created or replaced, stormwater treatment calculations by a licensed civil engineer, and a description of the total scope of work. The City Engineer shall have the authority to require additional information and/or supplementary submittals.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.403. Application and Plan Check Fees.

A stormwater treatment permit application shall include application and plan check fees as listed in the master fee schedule.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.404. Requirements for Stormwater Treatment Permit Approval.

(a) The City Engineer shall not issue a stormwater treatment permit until he or she is satisfied that:

(1) The project design complies with the City’s Stormwater Guidelines for Green, Dense Redevelopment; and

(2) All stormwater treatment requirements are met with vegetative measures, to the maximum extent practicable.

(b) Approval of any stormwater treatment permit shall be contingent upon the applicant submitting a proposed stormwater treatment measures operations and maintenance agreement (“agreement”) as described in Section 6‑13.305(a), modified for the project and approved by the City Engineer or his or her designee. A finalized, fully executed agreement, approved by the City Engineer or his or her designee, shall be required before a certificate of occupancy is issued for the project.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.405. Expiration and Renewal.

Stormwater treatment permits shall expire at the same time as the building permit for the associated project. Extension and renewal procedures shall be the same for a building permit, as defined in the Building Code. In the event that a stormwater treatment permit has expired, the City Engineer may require a new stormwater treatment permit application be submitted, including an application fee, inspection fee, and deposits, as defined by the master fee schedule.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.406. Inspections and Inspection Fees.

The applicant shall arrange for the City Engineer or his or her designee to inspect stormwater treatment measures at the excavation and grading, plumbing, planting and completion stages of construction. The permittee shall pay inspection fees as listed in the master fee schedule.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Article 5. Security Bonds and Maintenance Deposit

6-13.501. Security Bonds.

In order to ensure the faithful performance of work authorized by a stormwater treatment permit, the City Engineer shall have the authority to require the deposit of a security bond prior to issuance of the stormwater treatment permit.

(a) The minimum bond amount shall equal one hundred fifty percent (150%) of the estimated cost of the work authorized by the stormwater treatment permit.

(b) The security bond will be released upon satisfactory completion of the work authorized by the stormwater treatment permit, or, at the discretion of the City Engineer, the satisfactory operation of the stormwater treatment facility over the course of one (1) full rainy season (October 1 through April 15).

(c) In the event that the work authorized by the stormwater treatment permit is not completed, or the completed facility fails to perform satisfactorily, the City Engineer shall order the work completed or the premises restored, at the expense of the permittee or his or her surety.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

6-13.502. Maintenance Deposit.

(a) In order to ensure the faithful maintenance of permanent stormwater treatment facilities authorized by a stormwater treatment permit, the City Engineer shall have the authority to require a maintenance deposit, in cash, as a condition of approval.

(b) To ensure ongoing maintenance, a maintenance security may be held for up to ten (10) years from the date of deposit.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

Article 6. Inspection and Enforcement

6-13.601 Authority to Inspect.

Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or if an authorized enforcement official has reasonable cause to believe that a violation of the provisions of this chapter has or will occur, he or she may enter a premises or building at all reasonable times to inspect the same or perform any duty imposed by this chapter; provided, that:

(a) If such building or premises be occupied, he or she shall first present proper credentials and request entry; and

(b) If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

Any such request for entry shall state that the property owner or occupant 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 and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.301)

6-13.602 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 official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.302)

6-13.603 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 waste which may result in pollutants or non-stormwater discharges entering the City storm sewer system, such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release and shall notify the City of the occurrence by telephoning (510) 596-4330 and confirming the notification by correspondence to the Director of Public Works, 1333 Park Avenue, Emeryville, CA 94608.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.303)

6-13.604 Requirement to Test or Monitor.

Any 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, 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.304)

6-13.605 Violations Constituting Misdemeanors.

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 enforcing authority, be charged and prosecuted as an infraction.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.305)

6-13.606 Penalty for Violation.

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. 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 conviction for a violation of the same provision, subsequent violations within a twelve (12) month period may be charged as a misdemeanor.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.306)

6-13.607 Continuing Violation.

Unless otherwise provided, a person, firm, corporation or organization 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, firm, corporation or organization, and shall be punishable accordingly as herein provided.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.307)

6-13.608 Concealment.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.308)

6-13.609 Acts Potentially Resulting in Violation of Federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this chapter or 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 Article should also include notice to the violator of such potential liability.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.309)

6-13.610 Violations Deemed a Public Nuisance.

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 nuisance. Any authorized enforcement official may abate the violation, and the City Attorney may take civil action to abate, enjoin or otherwise compel the cessation of such nuisance. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be in a lien upon and against the property and such lien shall continue in existence until it is paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. If any 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.310)

6-13.611 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.311)

6-13.612 Civil Actions.

In addition to any other remedies provided in this section, 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 which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this chapter;

(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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.312)

6-13.613 Administrative Enforcement Powers.

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

(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. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, cans, bottles, 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 entering the City storm sewer system or a non-stormwater discharge to the City storm sewer system, he or she may give notice to remove such 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.313)

6-13.614. Authority to Arrest or Issue Citations.

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 Chapters 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may hereafter be amended). Such authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.314)

6-13.615. 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.

(Sec. 2 (part), Ord. 92-01, eff. Feb. 20, 1992; Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008. Formerly 6-13.315)

6-13.616. Appeal.

Any person aggrieved by a decision of the City Engineer regarding this Article may appeal to the Planning Commission within fifteen (15) days after final action by the City Engineer. The appeal procedures set forth in Article 88 of Title 9 of the Emeryville Municipal Code shall apply.

(Sec. 2 (part), Ord. 07-015, eff. Jan. 3, 2008)

CHAPTER 13.STORMWATER TREATMENT DESIGN, MANAGEMENT, AND DISCHARGE CONTROL PROGRAM

6-13.101 Title.

6-13.102 Purpose and Intent.

6-13.103 Definitions.

6-13.104 Responsibility for Administration.

6-13.105 Construction and Application.

6-13.106 Taking.

6-13.201 Discharge of Pollutants.

6-13.202 Discharge in Violation of Permit.

6-13.203 Illicit Discharge and Illicit Connections.

6-13.204 Reduction of Pollutants in Stormwater.

6-13.205 Watercourse Protection.

6-13.301. Site Design and Source Control Measures.

6-13.302. Stormwater Management During Construction.

6-13.303. Permanent Stormwater Treatment Measures.

6-13.304. Design of Permanent Stormwater Treatment Measures.

6-13.305. Operation and Maintenance of Permanent Stormwater Treatment Measures.

6-13.401. Applicability.

6-13.402. Application.

6-13.403. Application and Plan Check Fees.

6-13.404. Requirements for Stormwater Treatment Permit Approval.

6-13.405. Expiration and Renewal.

6-13.406. Inspections and Inspection Fees.

6-13.501. Security Bonds.

6-13.502. Maintenance Deposit.

6-13.601 Authority to Inspect.

6-13.602 Authority to Sample and Establish Sampling Devices.

6-13.603 Notification of Spills.

6-13.604 Requirement to Test or Monitor.

6-13.605 Violations Constituting Misdemeanors.

6-13.606 Penalty for Violation.

6-13.607 Continuing Violation.

6-13.608 Concealment.

6-13.609 Acts Potentially Resulting in Violation of Federal Clean Water Act and/or Porter-Cologne Act.

6-13.610 Violations Deemed a Public Nuisance.

6-13.611 California Code of Civil Procedure Section 1094.6.

6-13.612 Civil Actions.

6-13.613 Administrative Enforcement Powers.

6-13.614. Authority to Arrest or Issue Citations.

6-13.615. Remedies Not Exclusive.

6-13.616. Appeal.

CHAPTER 13.
STORMWATER TREATMENT DESIGN, MANAGEMENT, AND DISCHARGE CONTROL PROGRAM