Chapter 13.20 STORM DRAINS AND DISCHARGES

This chapter is enacted for the protection of health, life, resources, and property through prevention and control of unauthorized discharges into watercourses, pursuant to a Federal mandate under (i) what is commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.) and in accord with (ii) the California Water Code, Division 7 (entitled “Water Quality” – Section 13020 et seq. and commonly referred to as the “Porter-Cologne Water Quality Control Act”), and (iii) the City’s National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region. The primary goal of this chapter is the cleanup of stormwater pollution from urban runoff that flows to creeks and channels, eventually discharging into the South San Francisco Bay. (Ord. 1655 § 1, 4-26-94. Formerly § 24-1).

13.20.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise.

(a) Reserved for future use.

(b) “B” definitions:

(1) “Best management practice (BMP)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of 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.

(1) “City” means and includes all the territory lying within the municipal boundaries of the City of Santa Clara, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein.

(2) “City Code” means the municipal code of the City of Santa Clara, California.

(3) “City Manager” means the City of Santa Clara’s City Manager and his/her duly authorized agents and representatives.

(d) “D” definitions:

(1) “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.

(2) “Discharger” means any person who discharges, causes, or permits the discharge of industrial waste into a City sewer or storm drain.

(e) “E” definitions:

(1) “Environmental compliance fee” means a program established by the City to assess the fees necessary to cover the costs of the City’s federally mandated nonpoint source control and stormwater management program pursuant to City’s NPDES permit, such fees shall be paid to the City’s storm drain environmental compliance fee account.

(f) Reserved for future use.

(g) Reserved for future use.

(h) Reserved for future use.

(i) “I” definitions:

(1) “Illicit connection” means the unauthorized connection of a wastewater stream to storm drains or storm sewers.

(2) “Illegal discharge” means any discharge to a City storm drain or storm sewer that is not composed entirely of stormwater except discharges authorized by a NPDES permit (other than the NPDES permit for discharges from the City’s separate storm drain or storm sewer) and discharges resulting from firefighting emergencies and activities.

(j) Reserved for future use.

(k) Reserved for future use.

(l) Reserved for future use.

(m) Reserved for future use.

(n) “N” definitions:

(1) “Nonpoint source pollution discharge” means any discharge from land that results or likely will result in a discharge into watercourses. Nonpoint source pollution originates from aerial diffuse sources that are mostly related to land use. Nonpoint discharges represent a process whereby pollutants, debris, and chemicals generated from various land uses accumulate on streets, construction sites, parking lots, and other exposed surfaces and are washed off and carried away by stormwater runoff into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides, toxins, or any other substance or material deleterious to fish, plant life, or bird life.

(2) “NPDES permit” means a National Pollution Discharge Elimination System permit issued by the Regional Water Quality Control Board, San Francisco Bay Region.

(o) Reserved for future use.

(p) “P” definitions:

(1) “Person” includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.

(2) “Process wastewater” means wastewater that has been used in one or more industrial processes.

(q) Reserved for future use.

(r) Reserved for future use.

(s) “S” definitions:

(1) “Stormwater” means rainfall runoff, snow melt runoff, surface runoff, and drainage from natural sources, and excludes infiltration.

(2) “Storm drain system,” sometimes termed “storm sewer,” means any pipe, conduit (including but not limited to streets, curbs, and gutters), or sewer of the City, designed or used for the disposal of stormwaters, surface waters, and natural drainage, including expressly authorized unpolluted water, but excluding any community sanitary sewer system.

(t) Reserved for future use.

(u) “U” definitions:

(1) “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, that would render such water unacceptable for disposal to storm systems, natural drainage, or directly to surface waters.

(2) “Urban runoff pollution prevention” means prevention of nonpoint source pollution.

(v) Reserved for future use.

(w) “W” definitions:

(1) “Waste” includes sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

(2) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

(3) “Wastewater” means water that contains any waste.

(x) Reserved for future use.

(y) Reserved for future use.

(z) Reserved for future use. (Ord. 1655 § 1, 4-26-94; Ord. 1771 § 2, 8-20-02. Formerly § 24-2).

Article II. Storm Drain Discharge, Procedure, Use Regulations, and Prohibited Substances

13.20.030 Discharge into the storm drain prohibited.

(a) It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain, storm sewer, or natural outlet or channel any waste, including, but not limited to, sewage, industrial wastes, petroleum products, coal tar, or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated water, or chlorinated swimming pool water, pesticides, herbicides, fertilizers, or other process wastewater.

(b) No person shall discharge any substance directly into a manhole or other opening in a City storm drain or storm sewer other than through a City-approved storm drain connection.

(c) Upon permit application and approval by the Director of Streets and Automotive Services, unpolluted water may be discharged into the City’s storm drain system or into a natural outlet. No discharge other than rainfall runoff shall be allowed, except for such discharge as is expressly permitted by the City’s permit and the National Pollution Discharge Elimination System (NPDES) and will not cause any impairment in the beneficial uses or quality of water of the State as defined in the California Water Code, or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region, or injure or interfere with the City’s storm drain system or the operation of the State’s watercourses.

(d) The City may, from time to time, by resolution of the City council, adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel that shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. (Ord. 1655 § 1, 4-26-94; Ord. 1771 § 3, 8-20-02. Formerly § 24-3).

13.20.040 Suspension of service.

When found necessary by the City Manager or his/her duly authorized agents and representatives to prevent violation of, or nonconformance with, any provision of this chapter or resolution adopted pursuant thereto, he/she shall refuse to allow, and shall suspend service connections with, the storm drain system to any person not complying with allowable storm drain discharges or regulations. (Ord. 1655 § 1, 4-26-94. Formerly § 24-4).

13.20.050 Monitoring of discharge into the storm drain system.

(a) When deemed necessary by the City Manager or his/her duly authorized agents and representatives, he/she shall require any person to monitor their storm drain discharges to ensure compliance with allowable discharges.

(b) Where BMP guidelines or requirements have been adopted by any Federal, State, regional, County, or local agency, for any activity, operation, or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, discharges 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 City Manager or his/her duly authorized agents and representatives. (Ord. 1655 § 1, 4-26-94. Formerly § 24-5).

13.20.060 Public nuisance.

The discharge of unscreened garbage, fruit, vegetable, animal, or other solid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this chapter, is hereby declared to be a public nuisance. The City Manager or his/her duly authorized agents and representatives may order cleanup of the waste or abatement of the effects of the waste. In the case of threatened pollution or nuisance as determined by the City Manager or his/her duly authorized agents and representatives, the City may take other remedial action, including, but not limited to, the overseeing of the cleanup and abatement efforts, or the City may seek the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this chapter. Any person who violates the cleanup or abatement may be civilly, criminally, or administratively liable pursuant to SCCC 13.20.090. (Ord. 1655 § 1, 4-26-94. Formerly § 24-6).

13.20.070 Protection from accidental discharge – Accidental discharge notification.

(a) Each person shall provide protection from accidental or negligent discharge of prohibited substances, materials, or other wastes regulated by this chapter into any storm drain, storm sewer, natural outlet, or channel. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and equipment and facilities used to prevent accidental or negligent discharge of prohibited materials shall be provided and maintained at the user’s expense.

(b) All persons shall notify the City of Santa Clara Public Works Department by telephone immediately upon negligent or accidental discharge of nonpermitted substances or wastes to enable mitigation or countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters.

(c) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the negligent or accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve the person of liability for violations of this chapter or for any fines or penalties imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Game Code, or any other applicable provisions of State or Federal laws, or local ordinances. (Ord. 1655 § 1, 4-26-94. Formerly § 24-7).

13.20.080 Discharge pursuant to City and/or NPDES permit.

(a) Subject to review and approval under SCCC 13.20.020, the provisions of this chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger.

(b) Any discharge that would result in or contribute to a violation of the City-issued permit and the City’s NPDES permit (this permit is available for viewing at the City of Santa Clara, Office of the City Clerk, 1500 Warburton Avenue, Santa Clara, California) and 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 causing or responsible for the discharge, and such person shall protect, defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such action. (Ord. 1655 § 1, 4-26-94. Formerly § 24-8).

Article III. Enforcement

13.20.090 Criminal or civil penalty for violation, payment of funds to account.

(a) Enforcement. See SCCC 13.25.010.

(b) Citation Authority. The following designated employee positions may enforce the provisions of this chapter by issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are the City Manager, or his/her duly authorized agents and representatives. (Ord. 1655 § 1, 4-26-94; Ord. 1771 § 4, 8-20-02. Formerly § 24-9).

13.20.100 Emergency cleanup or abatement.

In order to enforce the provisions of this chapter, when the City Manager (or his/her duly authorized agents and representatives) finds and determines that the severity of the violation warrants immediate action, he/she shall clean up or abate violation thereof. The cost of such cleanup or abatement shall be recovered by the City in a civil action. Such emergency cleanup or abatement will not relieve the person of further action, which may be taken by the City Manager (or his/her duly authorized agents and representatives), including but not limited to, suspension, revocation, or modification of the discharger’s permit, liability for any violations of this chapter, or any other applicable provisions of State or Federal laws, or local ordinances. (Ord. 1655 § 1, 4-26-94. Formerly § 24-10).

13.20.110 Administrative penalties.

Whenever the City Manager (or his/her duly authorized agents and representatives) finds that any person has violated any notice of violation requiring compliance with any provision of this chapter, or has violated any provision of this chapter, he/she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per day, excluding inspection costs, or cleanup or abatement costs. The remedy provided in this section shall be pursuant to administrative procedures and is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City’s storm drain environmental compliance fee account. (Ord. 1655 § 1, 4-26-94. Formerly § 24-11).

13.20.120 Costs of enforcement.

In any civil, criminal, or administrative appeal, hearing, or action commenced by the City under this chapter, the City shall be entitled to recover from the defendant of such action reasonable attorneys’ fees, costs of suit, and any other costs of enforcement, including, but not limited to, inspection costs and cleanup or abatement costs. (Ord. 1655 § 1, 4-26-94. Formerly § 24-12).

Article IV. Storm Drain Environmental Compliance Fee

13.20.130 Definitions.

(a) “Commercial, industrial, or miscellaneous premises” means a premises designed, improved, or used for a commercial or industrial purpose, other than multifamily or single-family residential purpose, and includes, but is not limited to, private schools and churches.

(b) “Multifamily residential premises” means a premises designed, improved, or used as a residence for five or more families, including apartments and condominiums, and that is not designed, improved, or used for a commercial, industrial, or miscellaneous purpose.

(c) “Premises” means a separate lot or parcel of land, improved or unimproved, which is connected to, or benefits from, directly or indirectly, the storm drain system, or any portion thereof, or from which any water runoff is discharged directly or indirectly into the City’s storm drain system.

(d) “Single-family residential premises” means a premises that is designed, improved, or used as a residence for one family only, which includes but is not limited to, individual duplex, triplex, and fourplex residential dwelling units, and that is not designed, improved, or used for a commercial, industrial, multifamily residential, or miscellaneous purpose. (Ord. 1655 § 1, 4-26-94. Formerly § 24-13).

13.20.140 Rates – Users within the city.

There is hereby levied and assessed against and upon all premises having storm drain discharges into or through the storm drain system a monthly storm drain service charge. The City may, by resolution, establish and amend the monthly storm drain charge and define how such charge will be applied to various types of premises within the city. Said resolution shall contain the effective date of any change in the monthly storm drain charge. (Ord. 1655 § 1, 4-26-94. Formerly § 24-14).

13.20.150 Rates – Issuance of bills – Information required.

All bills for storm drain charges shall be issued by the City Department of Finance. Storm drain charge amounts shall be combined with bills or statements for water and sewer service provided by the City. Storm drain charges shall be assessed in all cases where the premises in question is connected to the City’s water system, sewer system, or storm drain system.

The bills shall state their purpose and the name and last known address of the person responsible for payment, and list separately each charge for water service, sewer service, and storm drain service. None of these charges shall be paid separately from the other. All bills shall be for monthly periods or for such other period as shall be determined by resolution of the City. (Ord. 1655 § 1, 4-26-94. Formerly § 24-15).

Article V. Polystyrene Foam Disposable Service Ware

13.20.160 Definitions.

(a) “Disposable food service ware” means single-use disposable products used in the restaurant and food industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls and hinged or lidded containers (clamshells). “Disposable food service ware” does not include straws, utensils, drink lids or ice chests.

(b) “Food vendor” means any establishment located in the City of Santa Clara that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. A “food vendor” does not include a food service provider that is associated with either a nonprofit organization with Section 501(c)(3) status under the Internal Revenue Code or a public agency sponsored program.

(c) “National food vendor” means a food vendor that is a chain of franchised or corporate owned establishments located in more than one state.

(d) “Polystyrene foam” means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). “Polystyrene foam” is commonly made into disposable food service ware products. “Polystyrene foam” does not include clear or solid polystyrene (oriented polystyrene).

(e) “Prepared food” means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. “Prepared food” does not include: (1) any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging. (Ord. 1925 § 3, 5-20-14).

13.20.170 Polystyrene foam disposable food service ware prohibited.

(a) No national food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after September 1, 2014.

(b) No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after January 1, 2015. (Ord. 1925 § 3, 5-20-14).

13.20.180 Exemptions to the polystyrene foam disposable food service ware prohibition.

(a) A national food vendor or food vendor may seek an exemption from the prohibition under SCCC 13.20.170 due to a “unique packaging hardship” under subsection (b) of this section or a “financial hardship” under subsection (c) of this section.

(b) The national food vendor or food vendor must demonstrate that no reasonably feasible alternative exists to a specific and necessary polystyrene foam disposable food service ware to qualify for a “unique packaging hardship” exemption.

(c) The national food vendor or food vendor must demonstrate both the following to qualify for a “financial hardship” exemption: (1) a gross income under three hundred thousand dollars ($300,000.00) on its annual income tax filing for the most recent tax year, and (2) with respect to each specific and necessary polystyrene foam disposable food service ware, that there is no feasible alternative that would cost the same or less than the polystyrene foam disposable food service ware.

(d) The national food vendor or food vendor may submit a written application for an exemption on a form provided by the Public Works Department. The Director of Public Works or designee may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be with or without condition, for a period of twelve (12) months. The national food vendor or food vendor must apply for a new exemption period no later than sixty (60) days prior to the expiration of the then current exemption period to preserve a continuous exemption status. Each application shall be reviewed anew and will be based on the most current information available. The determination of the Director or designee shall be final and is not subject to appeal. (Ord. 1925 § 3, 5-20-14).

Article VI. Single-Use Carry-Out Plastic Bags

13.20.190 Definitions.

(a) “Customer” means any person obtaining goods from a retail establishment.

(b) “Nonprofit charitable organization” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986.

(d) “Prepared food” means food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which requires no further preparation to be consumed. “Prepared food” does not include any produce, bulk food or meat department within a retail establishment.

(e) “Public eating establishment” means a:

(1) Restaurant, take-out food establishment or any other business that receives ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises; or

(2) Department, unit or section located within and operated by a retail establishment that generates ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.

(f) “Recycled paper bag” means a paper bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.

(g) “Retail establishment” means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to the customer; and is located within or doing business within the geographical limits of the city of Santa Clara. “Retail establishment” does not include public eating places, nonprofit charitable organizations, or farmer’s markets.

(h) “Reusable bag” means either a bag made of cloth or machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse.

(i) “Single-use carry-out bag” means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. “Single-use carry-out bags” do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag; (4) to protect clothing or garments after cleaning; or (5) to place personal items for the purpose of security requirements. (Ord. 1930 § 4, 9-23-14).

13.20.200 Single-use carry-out bags prohibited.

(a) No retail establishment shall provide a single-use carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment effective December 1, 2014.

(b) On or before December 1, 2014, a retail establishment may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum charge of ten cents ($0.10).

(c) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of the recycled paper bag is separately itemized on the sale receipt.

(d) A retail establishment may provide a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; with one or more recycled paper bags at no cost. (Ord. 1930 § 4, 9-23-14).

13.20.210 Administrative fine.

(a) A fine may be imposed upon findings made by the City Manager, his or her designee, or a code enforcement officer that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.

(b) Upon findings made under subsection (a) of this section, the retail establishment shall be subject to an administrative fine as follows:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation;

(3) A fine not exceeding five hundred dollars ($500.00) for a third and subsequent violations;

(4) Each instance that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation. (Ord. 1930 § 4, 9-23-14).