HomeMy WebLinkAboutOrdinance 5671Docusign Envelope ID: BB136A93-203F-41 BD-9958-ADF23B62147B
Ordinance No. 5671
Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11
(Stormwater Pollution Prevention) of Title 16 (Building Standards) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Urban Stormwater Runoff is considered a significant pathway for Pollutants into local
creeks and the San Francisco Bay (Bay). Rain and irrigation from lawns and gardens wash
Pollutants off of Impervious Surfaces like streets, sidewalks, roofs, driveways, and
parking lots into Storm Drain Systems and creeks and, ultimately, out to the Bay. Water
that flows to the Bay from the Storm Drain System and creeks does not receive any
treatment and is often Contaminated by Pollutants that can be toxic to fish, wildlife, and
people.
B. Protection of the City of Palo Alto's Storm Drain System and local Receiving Waters
requires strict regulations for Non-Stormwater Discharges and overall adherence to the
Municipal Regional Stormwater Permit ("MRP") issued by the San Francisco Bay Regional
Water Quality Control Board ("Regional Water Board") (Order R2-2022-0018).
C. In order to better protect public health, local Receiving Waters, and the City's Storm
Drain System from Pollutants, the City now desires to update its Municipal Code to
consolidate Stormwater compliance management requirements within the same
Chapter 16.11 and facilitate compliance with the current MRP.
D. The update of Chapter 16.11 is a component of the City's Stormwater compliance
management program and supports the City's authority to implement Stormwater and
Pollution prevention requirements mandated by the Regional Water Quality Control
Board.
E. The City desires to maintain and enhance its leadership in protecting Stormwater quality
by not only meeting minimum MRP requirements, but also expanding upon those MRP
requirements for certain businesses and Development Projects to further protect local
creeks and the Bay.
SECTION 2. Chapter 16.11 (Stormwater Pollution Prevention) of Title 16 (Building Regulations)
of the Palo Alto Municipal Code is repealed and replaced in its entirety to read as follows:
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Table of Contents
Part 1 Purpose and Intent; Definitions
16.11.010 Purpose and Intent
16.11.020 Definitions
Part 2 General Provisions
16.11.030 Administration
16.11.040 General Obligation
16.11.050 Conflicts with Other Laws
16.11.060 Alternate Means and Methods
16.11.070 Prohibited Discharges
16.11.080 Discharge Exemptions
16.11.090 Conditionally Exempt Discharges
16.11.100 Prohibition of Illicit Connections
16.11.110 Authority to Inspect
16.11.120 Enforcement and Penalties
16.11.130 Fees and Charges
16.11.140 Obstruction, Damage or Impairment to City Storm Drain System and Rights -of -
Way
Part 3 Development Projects
16.11.150 Regulated Projects
16.11.160 Source Control Measures for Regulated Projects
16.11.170 Site Design Measures for Regulated Projects
16.11.180 Stormwater Treatment Measures for Regulated Projects
16.11.190 Certification of Compliance for Regulated Projects
16.11.200 Green Infrastructure Design and Construction Requirements
16.11.210 Required Hydromodification Management Measures for Regulated Projects
16.11.220 Operation and Maintenance of Stormwater Treatment Measures and
Hydromodification Management Measures
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16.11.230 Low Impact Development Source Control and Site Design Measures for Projects
Other Than "Regulated Projects" Under Section 16.11.150
16.11.240 Requirements for All Development Projects
16.11.250 Requirements for Loading Docks
16.11.260 Drainage Design Standards for Development Projects
16.11.270 Requirements for Construction Sites and Activities
Part 4 Required Best Management Practices for All Dischargers
16.11.280 Minimum Best Management Practices for All Dischargers
Part 5 Illicit Discharge Detection and Elimination and Mobile Sources
16.11.290 Spill Containment and Notification of Non-Stormwater Discharges
16.11.300 Mobile Businesses
Part 5 Pesticides Toxicity Control
16.11.310 Pesticides Toxicity Control
Part 6 Trash Load Reductions
16.11.320 Trash Load Reductions
Part 7 Mercury Controls
16.11.330 Mercury Controls
Part 8 Polychlorinated Biphenyls (PCBs) Controls
16.11.340 Polychlorinated Biphenyls Controls
16.11.350 Management of PCBs During Building Demolition Activities
Part 9 Copper Controls
16.11.360 Copper Controls
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Part 1 Purpose and Intent; Definitions
16.11.010 Purpose and Intent
The purpose of this Chapter is to control and limit Stormwater Runoff Pollution by preventing
Pollutants from entering the City of Palo Alto Storm Drain System and Receiving Waters,
including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural
habitats, as well as to protect human health and the environment. This Chapter is enacted and
shall be implemented in a manner consistent with the Porter -Cologne Water Quality Control Act
(Water Code Section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. Section 1251 et
seq.) (CWA), and the requirements of the Municipal Regional Stormwater Permit (MRP) issued
by the California Regional Water Quality Control Board, San Francisco Bay -Region 2 (Regional
Water Board), as amended from time to time. This Chapter is intended to be no less stringent
than the MRP and in some respects may be more stringent than regional, state or federal
regulations, rules, orders and policies. The City intends to update and modify this Chapter as
needed to continue to meet Regional Water Board requirements and provide a program for
protection of the Bay and other Receiving Waters. If any provision of this Chapter conflicts with
the MRP, as amended or updated, the more stringent and environmentally protective provision
shall apply.
16.11.020 Definitions
The following words and phrases, whenever used in this Chapter, shall be as defined herein.
Words and phrases used in this Chapter not otherwise defined in this Section shall be as
defined, interpreted or used in the MRP in effect or, if not used in the MRP, so as to give this
Chapter its most reasonable application.
(a) "A" definitions:
(1) "Applicant" means any Person that submits an application for a Planning and Land
Use Entitlement or Building Permit from the City of Palo Alto.
(b) "B" definitions:
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(1) "Best Management Practices" or "BMPs" mean a combination of general good
housekeeping practices, Pollution prevention and educational practices, operations
and maintenance procedures, and other practices and requirements to prevent or
reduce to the Maximum Extent Practicable Non-Stormwater Discharges directly or
indirectly to the Storm Drain System or Receiving Waters. Sources of industry -
standard BMPs include but are not limited to the Santa Clara Valley Urban Runoff
Pollution Prevention Program, the California Stormwater Quality Association
Stormwater Best Management Practice Handbook, the California Department of
Transportation Construction Site Best Management Practices Manual, and the MRP.
Unless otherwise stated, reference to BMPs generally means non-structural BMPs as
described in this definition.
(2) "Building" means any structure used or intended for supporting or sheltering any use
or occupancy.
(3) "Building Permit" means the authorization provided by the City to build/construct
one or more Buildings.
(c) "C" definitions:
(1) "CASQA" means California Stormwater Quality Association, a professional member
association dedicated to the advancement of Stormwater quality management
through collaboration, education, implementation guidance, regulatory review, and
scientific assessment.
(2) "City" or "The City" means City of Palo Alto, California.
(3) "Construction Activity" means any earth- or soil -disturbing activity, including, but not
limited to, clearing, grading, paving, landscaping, excavation, stockpiling, material
storage, and disturbances to land or ground such as building of a structure, and
demolition or removal of structures or paved surfaces.
(4) "Construction Site" means any site where Construction Activity occurs.
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(5) "Contamination" shall have the same meaning as defined in California Water Code
Section 13050, as amended from time to time.
(6) "Contiguous" means touching or sharing a border and includes project areas
interrupted by cross streets or intersections.
(d) "D" definitions:
(1) "Detached Single -Family Home Project" means the building of one single new house
or the addition and/or replacement of Impervious Surface to one single existing
house, which is not part of a larger plan of development.
(2) "Development Project" means new construction or Redevelopment of any public or
private project involving Construction Activity and within the planning and building
authority of the City.
(3) "Director" means the Director of Public Works of the City of Palo Alto and his or her
duly authorized designees.
(4) "Discharge" when used as a verb, means to allow a Stormwater or Non-Stormwater
substance to enter the Storm Drain System or a Receiving Water from any activity or
operation. When used as a noun, "Discharge" means the Stormwater or Non-
Stormwater Discharge that is released or conveyed.
(5) "Discharger" means any Person who causes or permits a Discharge.
(e) "E" definitions:
(1) "EPA" or "U.S. EPA" means the Environmental Protection Agency of the United States
of America.
(f) "F" definitions:
(1) "Full Trash Capture Device or System" means a treatment control, or series of
treatment controls, that traps all particles that are 5 mm or greater and has a design
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treatment capacity that is either: a) of not less than the peak flow rate, Q, resulting
from a one-year, one -hour storm in the subdrainage area, or b) appropriately sized
to, and designed to carry at least the same flows as, the corresponding storm drain.
The device(s) shall also have a trash reservoir large enough to contain a reasonable
amount of trash safely without overflowing trash into the overflow outlet between
maintenance events.
(g) "G" definitions:
(1) "Green Stormwater Infrastructure" or "GSI" means infrastructure that uses
vegetation, soils, and natural processes to manage Stormwater Runoff. At the scale
of a city or county, GSI refers to the patchwork of natural areas that provides habitat
and manages smaller storms, cleaner air, and cleaner water and eliminates street
ponding. At the scale of a neighborhood or project site, GSI refers to Stormwater
management systems that mimic the natural hydrologic cycle by soaking up and
storing water.
(h) "H" definitions:
(1) "Hazardous Material" means any material designated as hazardous by Title 17 of this
Code.
(2) "Hazardous Waste" means any material designated as a Hazardous Waste by
applicable federal, state or local regulations.
(i) "I" definitions:
(1) "Illicit Connection" means any device, artifice, method or connection that conveys
Non-Stormwater to the Storm Drain System. Examples may include connections from
interior floor drains, HVAC systems, industrial processes, sinks, and toilets. An Illicit
Connection does not include methods of conveyance of groundwater during
Construction Activities in compliance with this Code and as approved by the Director.
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(2) "Illicit Discharge" means any Discharge that is prohibited under local, state, or
federal statutes, ordinances, codes, or regulations and this Chapter. Illicit Discharges
do not include Discharges that are exempt or conditionally exempt under the MRP,
regulated by a NPDES Permit other than the MRP, or authorized by the Executive
Officer of the Regional Water Board or the Director.
(3)
"Impervious Surface" means land that has been modified to reduce or remove the
land's natural ability to absorb and infiltrate rainfall. Impervious Surfaces include, but
are not limited to, rooftops, pavement, sidewalks, walkways, patios, driveways, and
parking lots where such surfaces are not constructed with Pervious materials and/or
are not designed to infiltrate Stormwater.
(j) "J" definitions:
(1) "Joint Stormwater Treatment Facility" is a Stormwater treatment facility built to treat
the combined runoff from two or more Regulated Projects located adjacent to each
other.
(k) "K" definitions: Reserved
(I) "L" definitions:
(1)
"Loading Dock" means a raised or lowered area of a facility designed to
accommodate a truck, trailer or other large delivery vehicle for the loading and
unloading of equipment or materials. A Loading Dock does not include such an area
where the deliveries are limited solely to furniture and non -electronic office
supplies.
(2) "Low Impact Development" or "LID" is a land planning and engineering design
approach with a goal of reducing Stormwater Runoff and mimicking a site's
predevelopment hydrology by minimizing disturbed areas and impervious cover and
infiltrating, storing, detaining, evapotranspiring, and/or biotreating Stormwater
Runoff close to its source, or onsite.
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(m) "M" definitions:
(1) "Mobile Business" means a business whose operations may produce or result in the
production of Pollutants and that does not operate from a permanent structure but
instead provides mobile services during particular time periods or upon request at
temporary locations. Types of services include cleaning or power washing of
vehicles, structures, windows, or parking lots; engine or equipment degreasing; acid
cleaning of unpainted trucks or containers; steam cleaning; carpet cleaning; dental
and medical care; vehicle repair, servicing, fueling and cleaning; and pet services
(including grooming, veterinary care and other miscellaneous services).
(2) "Municipal Code" means the ordinances and laws adopted and enforced by the City
of Palo Alto.
(3)
"Municipal Regional Stormwater Permit" or "MRP" means the most recently
adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a multi -
countywide municipal Stormwater NPDES Permit issued by the California Regional
Water Quality Control Board, San Francisco Bay Region -Region 2 (Regional Water
Board) to regulate Discharges from municipalities and local agencies in Alameda,
Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun
City, and Vallejo.
(n) "N" definitions:
(1) "Non-Stormwater Discharge" means any Discharge that is not entirely composed of
Stormwater. Non-Stormwater Discharges include, but are not limited to, polluted
groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit
Discharge.
(2) "NPDES" means National Pollutant Discharge Elimination System, which is a national
program for issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing Permits, and imposing and enforcing pretreatment requirements, under
Sections 307, 402, 318, and 405 of the Federal Clean Water Act.
(o) "O" definitions: Reserved
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(p) "P" definitions:
(1) "PCB Screening Assessment" means a report prepared by an Applicant for a
demolition Permit containing any information and data (investigations, reports, soil
samples, laboratory results, Construction Site controls, etc.) reasonably required by
the Director regarding the presence of Polychlorinated Biphenyls (PCBs).
(2) "Permit" means any authorization issued by the City to carry out an action or activity
according to the City's Municipal Code, rules, and regulations.
(3) "Person" means any individual, partnership, firm, company, corporation, association,
joint venture, joint stock company, trust, estate, governmental entity, or any other
legal entity; or their representatives, agents, or designees.
(4) "Pervious" means capable of allowing water to infiltrate below the surface. Pervious
materials may include, but are not limited to, permeable interlocking concrete
pavers, permeable pavers, Pervious concrete and porous asphalt.
(5) "Planning and Land Use Entitlement" means approval provided by the City to
develop a Building (or Buildings) or a piece of land for a specific use according to the
City's development standards, rules, and regulations.
(6) "Pollutants" or "Pollutant" means those substances associated with Stormwater
Runoff that may cause or contribute to the degradation of water quality of Receiving
Waters and are harmful to aquatic life, human health and the environment.
Pollutants commonly associated with Stormwater Runoff include, but are not limited
to, total suspended solids; sediment; pathogens (e.g., bacteria, viruses, protozoa);
heavy metals (e.g., copper, lead, zinc, and cadmium); petroleum products and
polynuclear aromatic hydrocarbons; synthetic organics (e.g., pesticides, herbicides,
and PCBs); nutrients (e.g., nitrogen and phosphorus fertilizers); oxygen -demanding
substances (e.g., decaying vegetation and animal waste); litter and trash.
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(7) "Pollution" means the presence, introduction or Discharge into a Receiving Water of
a Pollutant that has harmful or poisonous effects on aquatic life, ecological habitat,
natural processes of creeks and waterbodies, public health and the environment.
(q) "Q" definitions: Reserved
(r) "R" definitions:
(1) "Receiving Water" means waters of the State, as defined by the Porter -Cologne
Water Quality Control Act. Receiving Waters include but are not limited to creeks,
marshes, wetlands, shorelines, estuaries, and bays.
(2) "Redevelopment" means any 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. This category includes projects on public or
private land that fall under the planning and building authority of the City.
(3) "Refuse" means and includes compostable materials, recyclable materials, and solid
waste. Solid waste means solid and semisolid wastes, generated in or upon, related
to the occupancy of, remaining in or emanating from residential premises or
commercial premises including but not limited to garbage, trash, rubbish, ashes, and
industrial wastes.
(4) "Refuse Management and Containment Area" means an area such as a room located
inside a Building or an enclosed structure located outdoors to keep, manage and
contain compostable, recyclable and solid waste.
(5) "Regional Water Board" or "Water Board" means the California Regional Water
Quality Control Board, San Francisco Bay -Region 2.
(6) "Regulated Project" means a project described in Chapter 16.11.150, "Regulated
Projects."
(7) "Remodel" is an extension or modification of an existing structure. This may include
a one or second -story addition that increases the footprint of the structure or an
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interior reconfiguration.
(8) "Responsible Party" means any Person who owns, operates, or manages a property,
business, facility, or site, or who is otherwise responsible for the activities thereon or
the Person whose action or omission causes or results in the violation of this
Chapter.
(s) "S" definitions:
(1) "Sanitary Sewer System" means the collection system, all sewers, treatment plants
and other facilities owned or operated by the City for carrying, collecting, storing,
treating, reclaiming and disposing of sanitary Sewage and industrial wastes (as
defined in Section 16.09.015 of Title 16 of the Palo Alto Municipal Code).
(2) "SCVURPPP" or "Santa Clara Valley Urban Runoff Pollution Prevention Program"
means an association of fifteen agencies in Santa Clara Valley that share a
common NPDES MRP to Discharge to south San Francisco Bay. Member agencies
(also referred to as Co-permittees) include the cities or towns of Campbell,
Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain
View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, Santa Clara County,
and the Santa Clara Valley Water District (Valley Water).
(3) "Sewage" means the wastewater of the community derived from residential,
agricultural, commercial, or industrial sources, including domestic Sewage, and
industrial wastewater, which is required to be conveyed to the Sanitary Sewer
System.
(4) "Site Design Measure" means a site planning technique to conserve natural spaces
and/or limit the amount of Impervious Surface at Development and Redevelopment
Projects in order to minimize runoff and the transport of Pollutants in Stormwater
Runoff.
(5) "Source Control Measure" means any BMP that aims to prevent runoff Pollution by
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reducing the potential for contact with rainfall runoff at the source of Pollution.
Source control BMPs minimize contact between Pollutants and Stormwater Runoff.
(6) "Special Projects" are a type of Regulated Project that meets criteria based on size,
land use type, and density per the MRP. These projects are typically located in high
density areas and are centered around transit -oriented development. If criteria
determined by the MRP are met, projects are entitled to incentive LID treatment
reduction credits approved by the Water Board.
(7)
"Storm Drain System" means the storm drain facilities owned, managed, or operated
by the City by which Stormwater is collected and/or conveyed to Receiving Waters,
including but not limited to streets and roads, gutters, curbs, inlets, piped storm
drains, parking lots, pumping facilities, retention and detention basins, natural and
human -made or altered drainage channels, reservoirs, and other drainage structures
which are within the City's jurisdiction. The Storm Drain System also includes pipes,
underground and surface conveyances, and other components on private property
and other property within the City's limits not owned by the City that connect
and/or route Stormwater and Stormwater Runoff to the City's Storm Drain System.
(8) "Stormwater" means any surface flow, runoff, and drainage consisting entirely of
water that originates from precipitation events.
(9) "Stormwater Runoff" means flow that is created when precipitation falls on
Impervious Surfaces or compacted Pervious surfaces that do not allow water to
infiltrate into the ground.
(10) "Stormwater Run-on" means flow that runs across Impervious Surfaces or
compacted Pervious surfaces from one property to another or from one use on a
property to another.
(11) "Stormwater Treatment Measure" means any engineered, non -mechanical or
constructed system designed to remove Pollutants from Stormwater Runoff by
simple gravity settling of particulate Pollutants, filtration, infiltration, biological
uptake, media adsorption or any other physical, biological, or chemical process.
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(12) "Structural Retrofit Best Management Practices" or "Structural Retrofit BMPs"
means a retrofit to a structure, fixed feature, or property to prevent or minimize the
potential of a Non-Stormwater Discharge to the Storm Drain System or Receiving
Waters, in association with an enforcement action due to noncompliance with this
Chapter.
(t) "T" definitions: Reserved
(u) "U" definitions: Reserved
(v) "V" definitions: Reserved
(w) "W" definitions: Reserved
(x) "X" definitions: Reserved
(y) "Y" definitions: Reserved
(z) "Z" definitions: Reserved
Part 2 General Provisions
16.11.030 Administration
The Director shall be responsible for the administration and enforcement of the provisions of
this Chapter and has the authority to promulgate such orders, regulations, rules, conditions of
approval, and requirements as are necessary to accomplish the purposes of this Chapter. The
primary regulatory document implementing this Chapter is Palo Alto Regulations for
Stormwater Pollution Prevention.
16.11.040 General Obligation
All Dischargers of Non-Stormwater and Persons that engage in activities with the potential to
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cause a Non-Stormwater Discharge to the Storm Drain System and Receiving Waters shall
comply with the provisions of this Chapter. Violations of regulations implementing this Chapter
shall be considered violations of this Chapter.
16.11.050 Conflicts with Other Laws
In the event of any conflict between this Chapter and any federal or state law, regulation, order,
or Permit, the requirement that establishes the higher standard for public health or safety shall
govern. Nothing in this Chapter shall preclude enforcement of any other applicable law,
regulation, order, or Permit. Nothing in this Chapter shall be interpreted to infringe any vested
property right.
16.11.060 Alternate Means and Methods
The Director, upon application in writing by the owner, a lessee, or an authorized representative
of the Discharger, and on notice to the Director, is authorized to approve alternate means or
methods of compliance with this Chapter, provided that the Director finds that the proposed
design, use, or operation satisfactorily complies with the intent of this Chapter and that the
material, method of work performed, or operation is, for the purpose intended, at least
equivalent to that prescribed in this Chapter in quality and effectiveness in meeting the
purposes of this Chapter. As required by the Director, an Applicant must show that compliance
with the strict requirements of this Chapter is infeasible, and that the proposed alternate means
and methods will meet all applicable regional, state, and federal requirements. The particulars
of any such approval made by the Director shall be in writing and a signed copy shall be
furnished to the Applicant.
16.11.070 Prohibited Discharges
General Prohibition. No Person shall cause, allow, or permit any Non-Stormwater Discharge or
the conditions under which there is a substantial probability for such a Discharge to occur
unless such Discharge is exempt under Section 16.11.080 or conditionally exempt under Section
16.11.090.
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16.11.080 Discharge Exemptions
Unless determined by the Director or the Regional Water Board to be sources of Pollutants to
Receiving Waters, the following Discharges are exempt from Discharge prohibitions established
by this Chapter and are allowed to flow into the Storm Drain System and Receiving Waters:
(a) Flows from riparian habitats or wetlands;
(b) Diverted stream flows;
(c) Flows from natural springs;
(d) Uncontaminated rising groundwater due to natural processes;
(e) Uncontaminated and unpolluted groundwater infiltration;
(f) Pumped groundwater from crawl space pumps and foundation and footing drains of single-
family homes. Discharges larger than 2,500 gallons per day shall be treated as conditionally
exempt Discharges and must meet the requirements of the MRP and City regulations;
(g) Pumped groundwater from drinking water aquifers (excluding well development);
(h) Discharges permitted under a NPDES Permit issued to the Discharger and administered by
the State of California pursuant to Division 7, Chapter 5.5 of the California Water Code,
provided that the Discharger is in compliance with all requirements of the Permit and all
other applicable laws and regulations; and
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(i)Any other Discharge exempt from the general prohibition on Discharges to the Storm Drain
System under the MRP or permitted under another NPDES permit.
If any of the above are identified by the Director or the Regional Water Board as sources of
Pollutants to Receiving Waters, such categories or sources shall be treated as conditionally
exempt Discharges in accordance with Section 16.11.090.
16.11.090 Conditionally Exempt Discharges
The following Discharges are conditionally exempt, subject to control measures and BMPs set
forth in the MRP and City regulations:
(a)Pumped groundwater, foundation drains, and water from crawl space pumps and footing
drains not from single-family homes;
(b)Air conditioning condensate shall be reused or directed to landscaped areas. If neither is
feasible, Discharging to the Storm Drain System shall be allowed per the Director's approval;
(c)Discharges associated with water and foam generated from emergency response and/or
firefighting activities. BMPs shall be implemented to the Maximum Extent Practicable to
minimize potential adverse water quality impacts from water, foam, and other Pollutants
Discharged during emergency response and firefighting activities. Such implementation shall
not interfere with immediate emergency response operations or impact public health and
safety.
(d)Discharges from individual residential car washing;
(e)Irrigation water, landscape irrigation, and discharges from lawn or garden watering; and
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(f)Any Discharge that the Director, the local health officer, the Regional Water Quality Control
Board or state or federal agency determines in writing is necessary for the protection of the
public health and safety, as allowed under applicable law.
16.11.100 Prohibition of Illicit Connections
(a)No Person shall construct, use, maintain, or permit or suffer the construction, use,
maintenance or continued existence of an Illicit Connection.
(b)Illicit Connections shall be immediately removed, permanently plugged, or re-plumbed to a
connection point approved by the Director.
(c)The provisions of this Section shall apply to, without limitation, Illicit Connections
established in the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
16.11.110 Authority to Inspect
(a)The Director shall have the authority to inspect private and public facilities, sites, structures,
drainage systems, and Mobile Businesses, whether existing or under construction, whenever
necessary to ensure and confirm compliance with this Chapter, applicable City or State
regulations, or the MRP.
(b)The Director shall be authorized to enter, without unreasonable delay, and upon reasonable
notice, any premises subject to the requirements of this Chapter to conduct inspections and
monitoring to assure compliance with this Chapter, applicable City or State regulations, or
the MRP. An inspection fee shall be charged for each inspection at the amount listed in the
City's Adopted Municipal Fee Schedule. Records related to compliance with this Chapter,
including but not limited to operations and maintenance records and agreements, shall be
available to City staff for inspection and copying.
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(c)In the event the owner or occupant of the premises refuses entry after a request to enter
and inspect the premises has been made, the City is hereby empowered to seek
authorization from any court of competent jurisdiction for such entry.
16.11.120 Enforcement and Penalties
(a)Violations of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal
Code. The Director is authorized to exercise the authority provided in the California Penal
Code section 836.5.
(b)The Director may require any Person deemed to have violated this Chapter to take any of
the following actions:
(1)Ensure that the Discharge be remediated and the affected private and City property
and infrastructure, as relevant, be restored within a specified time. The Responsible
Party shall also be responsible for cleanup or reimbursement of cleanup costs
incurred by the City for cleanup activities associated with any Discharges that violate
this Chapter.
(2)Implement applicable BMPs; for example, to address Pollutant sources 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 areas and access roads; outdoor areas used
by customers and employees; outdoor wash areas; outdoor drainage from indoor
areas; rooftop equipment; Contaminated and erodible surface areas; and other
sources that have a reasonable potential to contribute to Pollution of Stormwater
Runoff.
(3)Install Structural Retrofit BMPs to address noncompliance of this Chapter. Structural
Retrofit BMPs may require review and approval by the City's Planning and Building
Divisions.
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(c)The Director shall implement a Stormwater Enforcement Response Plan to facilitate timely
and effective compliance with the requirements of this Chapter. The Enforcement Response
Plan shall contain, at a minimum, the following:
(1)Enforcement procedures;
(2)Enforcement tools and scenarios;
(3)Procedures for timely correction of potential and actual Discharges; and
(4)Procedures for referral and coordination with other agencies.
(d)The remedies established in this Section are not exclusive. In addition to any other remedies
allowed under the Palo Alto Municipal Code, violations may be subject to penalties
established by resolution of the Council or any other enforcement mechanism allowed by
law.
16.11.130 Fees and Charges
The City may adopt reasonable fees and charges for reimbursement of costs of administering
and enforcing this Chapter.
16.11.140
Way
Obstruction, Damage or Impairment to City Storm Drain System and Rights-of-
Dischargers shall be responsible for and liable to the City for any obstruction, damage, or
impairment to the Storm Drain System and other rights-of-way associated with a Discharge that
causes an obstruction, damage, or any other impairment to the Storm Drain System. The City
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may assess a charge against the Discharger to reimburse the City for costs incurred to clean or
repair said obstruction, damage or impairment.
Part 3 Development Projects
16.11.150 Regulated Projects
All projects fitting the category descriptions below (hereinafter called "Regulated Projects")
must implement Low Impact Development Source Control, Site Design, and Stormwater
Treatment Measures. The categories of Regulated Projects are:
(a)New Development Projects or Redevelopment Projects
New Development or Redevelopment projects that create and/or replace 5,000 square feet or
more of Impervious Surface (collectively over the entire project site). This category includes
commercial, industrial, residential housing subdivisions (i.e., Detached Single-Family Home
Projects), multi-family attached subdivisions (i.e., town homes, condominiums, and
apartments), mixed-use, new and reconstructed private roads and private trails, and public
projects (other than public road and trail projects), including sidewalks and any other portions
of the public right-of-way that are developed or redeveloped as part of the projects.
Specific exclusions that apply to this category are listed in Subsection (e) below. Public Works
projects that are additionally excluded from this category -unless they create and/or replace
5,000 Contiguous square feet or more of Impervious Surface -include the following examples:
sidewalk gap closures, sidewalk section replacement, and Americans with Disabilities Act
compliant curb ramps.
Where a Redevelopment project results in an alteration of 50 percent or more of the
Impervious Surface of a previously existing development that was not subject to this Part,
Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoff from
the entire Redevelopment project. Where a Redevelopment project results in an alteration of
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less than 50 percent of the Impervious Surface of a previously existing development that was
not subject to this Part, Stormwater Treatment Measures must be designed and sized to treat
Stormwater Runoff from the new and/or replaced Impervious Surface of the project.
T he calculations in this Subsection shall include portions of the public right-of-way that are
developed or redeveloped as part of the Regulated Project.
(b) New or Widening Road Projects
Any of the following types of road projects (including both public and private road projects) that
create 5,000 square feet or more of newly constructed Contiguous Impervious Surface, and that
fall under the planning and building authority of the City:
(1)Construction of new streets or roads, including sidewalks and bicycle lanes built as
part of the new streets or roads.
(2)Widening of existing streets or roads with additional traffic lanes.
Where the addition of traffic lanes results in an alteration of 50 percent or more of
the Impervious Surface of an existing street or road within the project that was not
subject to this Part, Stormwater Treatment Measures must be designed and sized to
treat Stormwater Runoff from the entire street or road that had additional traffic
lanes added. Where the addition of traffic lanes results in an alteration of less than
50 percent of the Impervious Surface of an existing street or road within the project
that was not subject to this Part, Stormwater Treatment Measures shall be designed
and sized to treat Stormwater Runoff from only the new traffic lanes. However, if the
Stormwater Runoff from the existing traffic lanes and the added traffic lanes cannot
be separated, any onsite treatment system shall be designed and sized to treat
Stormwater Runoff from the entire street or road. If an offsite treatment system is
installed or in-lieu fees paid in accordance with MRP Provision C.3.e or Section
16.11.180{c), the offsite treatment system or in-lieu fees must address only the
Stormwater Runoff from the added traffic lanes.
(3)Construction of Impervious trails that are greater than or equal to 10 feet wide or
are creek-side (within 50 feet of the top of bank).
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(4)Specific exclusions to this Subsection include the following:
(i)Sidewalks built as part of new streets or roads and built to direct Stormwater
Runoff to adjacent vegetated areas;
(ii)Bicycle lanes built as part of new streets or roads, but that are not
hydraulically connected to the new streets or roads and that direct
Stormwater Runoff to adjacent vegetated areas;
(iii)Impervious trails that direct Stormwater Runoff to adjacent vegetated areas,
or other non-erodible permeable areas, preferably away from creeks or
towards the outboard side of levees, where those areas are at least half as
large as the contributing Impervious Surface area;
(iv)Sidewalks, bicycle lanes, or trails constructed as Pervious pavement systems;
and
(v)Caltrans highway projects and associated facilities.
(c)Road Reconstruction and Utility Trenching Projects
Road projects that involve the reconstruction of existing streets or roads, which create and/or
replace at least one Contiguous acre of Impervious Surface and that are public road projects
and/or fall under the planning and building authority of the City, including sidewalks and bicycle
lanes that are built or rebuilt as part of the existing streets or roads. This Regulated Project
category includes utility trenching projects which are -on average, over the entire length of the
project -greater than or equal to eight (8) feet wide. It also includes public pavement
maintenance practices listed in Subsection (e)(3) if they are part of a project that otherwise
meets the requirements of this section.
Where the reconstruction project results in an alteration of greater than or equal to 50 percent
of the Impervious Surface of an existing street or road within the project that was not subject to
this Part, Stormwater Treatment Measures must be designed and sized to treat Stormwater
Runoff from the entire street or road that was reconstructed. Where the reconstruction project
results in an alteration of less than 50 percent of the Impervious Surface of an existing street or
road within the project that was not subject to this Part, Stormwater Treatment Measures shall
be designed and sized to treat Stormwater Runoff from only the new and/or replaced
Impervious Surface within the project footprint. However, if the Stormwater Runoff from the
existing Impervious Surface and the added Impervious Surface cannot be separated, any onsite
treatment system shall be designed and sized to treat Stormwater Runoff from the entire street
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or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with MRP
Provision C.3.e or Section 16.11.180{c), the offsite treatment system or in-lieu fees must
address only the Stormwater Runoff from the added Impervious Surface.
(d) Large Detached Single-Family Home Projects
Detached Single-Family Home Projects that create and/or replace 10,000 square feet or more of
Impervious Surface (collectively over the entire project site) and are not part of a larger
development or Redevelopment plan regulated under "New Development Projects or
Redevelopment Projects" - see Subsection (a) above. This Regulated Project category includes
the addition of an accessory dwelling unit {ADU) on an existing parcel with one single-family
home that is not part of a subdivision or plan.
Where a single-family home project results in an alteration of 50 percent or more of the
Impervious Surface of a previously existing project that was not subject to this Part, Stormwater
Treatment Measures shall be designed and sized to treat Stormwater Runoff from the entire
project. Where a single-family home project results in an alteration of less than 50 percent of
the Impervious Surface of a previously existing project that was not subject to this Part,
Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoff from
the new and/or replaced Impervious Surface of the project. The calculations in this Subsection
shall include portions of the public right-of-way that are developed or redeveloped as part of
the Regulated Project.
(e)Exemptions: For Redevelopment projects and Road Reconstruction Projects:
(1)The following interior and exterior practices are excluded:
(i)Interior Remodels; and
(ii)Routine maintenance or repair such as roof or exterior wall surface
replacement.
(2)The following pavement maintenance practices are excluded:
(i)Pothole and square cut patching;
(ii)Overlaying existing asphalt or concrete pavement with asphalt or concrete
without expanding the area of coverage;
(iii)Shoulder grading;
(iv)Reshaping/regrading drainage systems;
(v)Crack sealing;
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(vi)Pavement preservation activities that do not expand the road prism;
(vii)Upgrading from a bituminous surface treatment (e.g., chip seal) with an
overlay of asphalt or concrete, without expanding the area of coverage;
(viii)Applying a bituminous surface treatment to existing asphalt or concrete
pavement, without expanding the area of coverage;
(ix)Vegetation maintenance; and
(x)Layering gravel over an existing gravel road, without expanding the area of
coverage.
{3) The following pavement maintenance practices are not excluded.
(i)Removing and replacing asphalt or concrete pavement to the top of the base
course or lower, or repairing the pavement base (including repair of the
pavement base in preparation for bituminous surface treatment, such as chip
seal), as these are considered replaced Impervious Surfaces;
(ii)Extending the pavement edge without increasing the size of the road prism,
or paving graveled shoulders, as these are considered new Impervious
Surfaces; and
(iii)Resurfacing by upgrading from dirt to gravel, to a bituminous surface
treatment (e.g., chip seal), to asphalt, or to concrete; or upgrading from
gravel to a bituminous surface treatment, to asphalt, or to concrete, as these
are considered new Impervious Surfaces.
(4)For a project consisting of a combination of exempted pavement maintenance
practices and non-exempted pavement maintenance and/or practices that fall under
any other Regulated Project category, the parts of the project that are not exempt
shall be evaluated as a Regulated Project.
16.11.160 Source Control Measures for Regulated Projects
All Regulated Projects shall implement Source Control Measures onsite that, at a minimum,
comply with City regulations and the requirements of the MRP.
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16.11.170 Site Design Measures for Regulated Projects
All Regulated Projects must implement Low Impact Development Site Design Measures that, at
a minimum, comply with City regulations and the requirements of the MRP.
16.11.180 Stormwater Treatment Measures for Regulated Projects
All Regulated Projects shall implement Stormwater Treatment Measures onsite that, at a
minimum, comply with City regulations and the requirements of the MRP. Stormwater
Treatment Measures shall not be altered without permission from the Director.
(a)All Regulated Projects shall design, construct, maintain, and operate Stormwater Treatment
Measures for the entire duration that the project is in use in accordance with the MRP and
City regulations. All Regulated Projects, except Special Projects, shall treat one hundred
percent of the amount of Stormwater Runoff identified in accordance with MRP Provision
C.3.c requirements for the Regulated Project's drainage area onsite or at a Joint Stormwater
Treatment Facility per MRP Provision C.3.c, Chapter 16.11.180, and SCVURPPP and City
specifications. LID Stormwater treatment measures include harvesting and use, infiltration,
evapotranspiration, and biotreatment. Stormwater treatment systems must be sized using
one of the hydraulic sizing design criteria approved in MRP C.3.d.i. Any Regulated Project
that does not comply with this requirement must meet the requirements for alternative
compliance established in accordance with Subsection (c) below.
(b)Special Projects designed in a manner that meets the criteria of the MRP and City
regulations shall be allowed to apply for Incentive LID Treatment Reduction Credits per the
Water Board's process outlined in the MRP.
(c)If a Development Project cannot install Stormwater Treatment Measures in conformance
with the requirements of the MRP and this chapter, the Director may approve alternative
compliance and allow in-lieu measures and/or fees if made necessary by individual site
conditions and in accordance with the MRP and City regulations. Projects shall still meet all
Regulated Project requirements but may be allowed to do so partially onsite or fully off-site
or through payment of in-lieu fees. This approval shall occur prior to issuance of Planning
and Land Use Entitlement under Title 18 of this Code, or a Building Permit if no Entitlement
is required, unless the Director allows an exception.
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16.11.190 Certification of Compliance for Regulated Projects
(a)Prior to the issuance of a Planning and Land Use Entitlement under Title 18 of this Code, or
a Building Permit if no Entitlement is required, for a Regulated Project, the Applicant or
designee of a Regulated Project shall submit a certification by a qualified third-party
reviewer acceptable to the Director that the design of the project complies with the
requirements of this Chapter, City regulations, the MRP, and any plan review comments
provided by the Director.
After the project is constructed, the Applicant or a designee shall submit a written
certification by a qualified third-party reviewer acceptable to the Director that a Regulated
Project was constructed or installed in accordance with the City-approved plans and
drawings and per City regulations and the MRP.
(b)The third-party reviewer shall be an independent civil engineer, licensed architect, or
landscape architect registered in the State of California, shall have current training in
Stormwater Treatment Measure design and construction, and meet other requirements set
forth by the City regulations. The third-party reviewer shall not be any consultant or
contractor hired to design and/or construct a Stormwater Treatment Measure for the
Regulated Project.
(c)Certifications and documentation required by this Section shall be in the form prescribed by
the Director.
(d)Applicant is responsible for ensuring that the Stormwater Treatment Measure is constructed
according to the design approved by the Director.
16.11.200 Green Infrastructure Design and Construction Requirements
Regulated Projects shall comply with applicable design and construction guidelines and
standard specifications included in the City's Green Stormwater Infrastructure Plan and related
documents, including design guidelines, standard specifications, and other requirements as
established by the Director.
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16.11.210 Required Hydromodification Management Measures for Regulated Projects
(a)Applicability. All Regulated Projects that result in the creation and/or replacement of one
acre (43,560 square feet) or more of Impervious Surface and result in a net increase in
Impervious Surface over the pre-project condition shall implement Hydromodification
Management Measures.
(b)Exemption. Projects located in areas designated as exempt from Hydromodification
Management Measure requirements on the Hydromodification Applicability Map contained
in the MRP are exempt from this requirement.
(c)Hydromodification Management Measures shall be designed and implemented in
accordance with City regulations, MRP requirements, and other applicable regulations and
policies.
(d)All Hydromodification Management Measures are subject to inspection and approval by
the Director.
16.11.220 Operation and Maintenance of Stormwater Treatment Measures and
Hydromodification Management Measures
All Regulated Projects shall comply with the following:
(a)The property owner(s), its administrators, successors, and any other Persons responsible for
the management of the property, including any homeowner's association, shall take all
necessary actions to ensure that the Stormwater Treatment and Hydromodification
Management Measures are properly maintained so that all measures continue to operate
as originally designed and approved for the life of the project. These measures shall not be
removed, replaced, or amended without the Director's approval.
(b)Before a Building Permit is issued, a maintenance agreement shall be submitted to the
Director describing all required Stormwater Treatment and Hydromodification Management
Measures, including all information and documentation required by the Director. This
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agreement shall be approved by the Director, signed by the City Attorney or designee and
property owner(s), and recorded with Santa Clara County. If property changes ownership at
any time, the new property owner(s) shall take on responsibility for maintenance of any
Stormwater Treatment and Hydromodification Management Measures located on that
property and shall adhere to the operations and maintenance agreement.
(c)The operation and maintenance of the Measures shall at all times be conducted in
accordance with the terms and conditions of the approved maintenance agreement.
(d)Any Stormwater Treatment Measure and/or Hydromodification Management Measure
constructed through an alternative compliance option (allowed by the Director per
16.11.lB0(c)) shall also have a maintenance agreement that complies with this section.
16.11.230 Low Impact Development Source Control and Site Design Measures for Projects
Other Than "Regulated Projects" Under Section 16.11.150
Development and Redevelopment Projects that require a Planning and Land Use Entitlement or
Building Permit from the City but are not Regulated Projects shall implement LID Source Control
and Site Design Measures as required by City Regulations and the MRP. The design and
implementation of the measures shall be in accordance with the guidelines and technical
specifications established by the Director, City regulations, and the MRP. LID features shall not
be altered without permission from the Director.
16.11.240 Requirements for All Development Projects
(a)Applicability. This Section shall apply to any Development Project that requires a Planning
and Land Use Entitlement review or Building Permit, except for minor projects such as those
limited to signs, fences, and parking restriping that have no or minimal potential to create
Non-Stormwater Discharges.
(b)Development projects shall meet all applicable requirements of the Palo Alto Regulations for
Stormwater Pollution Prevention and must be designed to accommodate Best Management
Practices described in Section 16.11.290 and City regulations, as applicable.
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16.11.250 Requirements for Loading Docks
(a)Applicability. This Section shall apply to any project that includes the construction of a
Loading Dock.
(b)The following requirements shall be met for all Loading Docks where applicable:
(1)The Loading Dock and surrounding area shall consist of Impervious paving
appropriate for the material(s) that will be loaded/unloaded to avoid leaching into or
degradation of paving.
(2)The Loading Dock shall be covered and protected from precipitation, Stormwater
Runoff and Stormwater Run-on to minimize potential Non-Stormwater Discharges.
(3)The Loading Dock shall be designed to drain to the Sanitary Sewer System. Drains
may be required to be equipped with a fail-safe shut-off valve, normally closed, or
equivalent device according to the type of materials or substances being transferred.
Valve shall be immediately shut off if a spill of any size occurs and shall not be
opened until the spill is complete remediated.
16.11.260 Drainage Design Standards for Development Projects
(a)All new Development Projects shall meet the requirements of the Public Works Drainage
Design Standards and the Santa Clara County Drainage Manual in effect at the time of
submission of a complete planning application, or if no planning application is required for
the Development Project, at the time of submission of a complete application for a Building
Permit or excavation and grading Permit, whichever occurs first.
(b)All Redevelopment projects and Remodels requiring a Building Permit or excavation and
grading Permit shall meet the requirements of the Public Works Drainage Design Standards
provided by the Public Works Director for the portion of the site or facility being
constructed, Remodeled, or improved.
(c)Notwithstanding the foregoing provisions of this Section, a project shall not be subject to
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the requirements of this Section if the project does not include new drainage patterns or
alter existing drainage patterns of the site.
16.11.270 Requirements for Construction Sites and Activities
(a)All workers, contractors, subcontractors, and superintendents of Construction Sites of any
size shall follow and implement all applicable provisions of Stormwater management,
Pollution prevention, and erosion and sediment control plans and ensure that BMPs are in
place to prevent potential Pollutants from being tracked, mobilized, carried, transported, or
Discharged into the on-site storm drain inlet(s), City's right-of-way, Storm Drain System, and
Receiving Waters, as required by City regulations.
(b)Projects covered under the State of California Construction General Permit (CGP) shall also
meet the requirements of this Section. Project Applicants shall provide to the City a copy of
the Notice of Intent and Notice of Termination required under the CGP.
(c)Construction BMPs shall be in place until exterior Impervious Surfaces, the Building shell,
landscaping, and Stormwater Treatment Measures are in place. In addition to BMPs
generally applicable to Construction Sites year-round, all Construction Sites shall implement
site-specific, seasonally and phase-appropriate BMPs as required by the Director.
(d)The Director is authorized to oversee, inspect, and require expedient compliance with the
requirements of this Section at all Construction Sites year-round. Inspections shall occur at a
regular frequency established by the Director.
(e)Contractor/Subcontractor Requirements. The Applicant shall be responsible for ensuring
that its contractors and subcontractors comply with this Section.
Part 4 Required Best Management Practices for All Dischargers
16.11.280 Minimum Best Management Practices for All Dischargers
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(a)Any Person engaged in activities or operations that will or may result in a Non-Stormwater
Discharge, or who owns or manages a facility or property where such activities or operations
occur, shall implement and consistently comply with applicable BMPs outlined in the City
regulations.
(b)The Director may require compliance with additional requirements, including Structural
Retrofit BMPs, if necessary, to achieve the purposes of this Chapter.
Part 5 Illicit Discharge Detection and Elimination and Mobile Sources
16.11.290 Spill Containment and Notification of Non-Stormwater Discharges
(a)Any Responsible Party who has knowledge or information of any known or suspected
release of materials, which has resulted in or may result in a Non-Stormwater Discharge
other than that permitted by this Chapter shall immediately report to the City and take all
necessary steps to immediately cease, contain, and clean up the spill using dry clean-up
methods. If a Person cannot identify the spilled material, the Person shall not attempt to
clean it up in a manner that may result in a Discharge or harm to human health. The
Responsible Party shall adhere to the City regulations and any other direction from the
Director or other City representative.
(b)If a spill occurs on private property, the Responsible Party shall be responsible for cleaning
the private property and any private sanitary or storm drain components located on said
property. The Responsible Party shall seek guidance from City staff before cleaning the
private sanitary or storm drain components.
(c)The Responsible Party or representative shall not clean any City infrastructure, including any
components of the City's Storm Drain or Sanitary Sewer Systems, without permission from
the Director.
(d)The Director shall conduct an investigation and enforcement per the Enforcement Response
Plan until the issue is deemed corrected.
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(e)The Responsible Party and their agents shall adhere to the requirements of Title 17 of this
Code with respect to Hazardous Materials and Wastes, and all applicable requirements of
the County of Santa Clara and the State of California.
16.11.300 Mobile Businesses
(a)Non-Stormwater Discharges from Mobile Businesses. Mobile Businesses whose activities
involve the potential Non-Stormwater Discharge shall not allow wash water or any other
Non-Stormwater Discharge to Discharge into a storm drain inlet or other component of the
Storm Drain System, onto the street, sidewalk, or other paved surface, or directly into a
water body. Instead, all wash water and Pollutants shall be disposed of in a cleanout that is
connected to the Sanitary Sewer System according to the requirements of the City of Palo
Alto Pretreatment Program.
(b)Mobile Businesses shall employ BMPs to prevent Pollutants from Discharging to the Storm
Drain System or the Sanitary Sewer Systems without pretreatment, as required by City
regulations or otherwise required by the Director.
Part 5 Pesticides Toxicity Control
16.11.310 Pesticides Toxicity Control
(a)The Director shall develop, maintain, and implement an Integrated Pest Management Policy
and procedures for the use of pesticides.
(b)All City employees and contractors shall comply with the Integrated Pest Management
Policy and procedures in City operations and on City property.
Part 6 Trash Load Reductions
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16.11.320 Trash Load Reductions
(a)Requirements for Existing Businesses. By July 1, 2025, private properties that generate
moderate, high, or very high trash loads, as defined in City regulations, and that Discharge
into private storm drain inlets, shall be equipped with Full Trash Capture Systems or be
managed with trash Discharge control actions equivalent to or better than Full Trash Capture
Systems. Property owners must install and maintain trash capture systems in compliance
with City regulations and the requirements of the MRP. Property owners shall be responsible
for documenting maintenance records per requirements of the City regulations.
Maintenance records shall be made available to the Director upon request.
(b)Requirements for Development Projects. All Development Projects that have operable
private storm drain inlets on their property that directly Discharge to the City's Storm Drain
System, any creek, or the San Francisco Bay shall install and maintain Full Trash Capture
Devices or systems in compliance with City regulations and requirements of the State Water
Resources Control Board.
(c)Full Trash Capture Device or System Maintenance Requirements. Full Trash Capture Devices
or Systems shall be maintained by the property owner to ensure that they are operating
appropriately and have sufficient operating capacity to capture trash consistent with the
MRP and City regulations. The inspection and maintenance of each Full Capture Device shall
be at a frequency sufficient to prevent overflow or bypassing of trash and plugging or
clogging of screen and device's trash reservoir. Full Trash Capture Devices will be inspected
by City staff to ensure compliance.
(d)The private property owner shall be responsible for documenting maintenance records per
requirements of the City regulations. Maintenance records shall be made available to the
Director upon request.
Part 7 Mercury Controls
16.11.330 Mercury Controls
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(a)The Director shall implement a mercury control program consisting of load reduction
assessment, Pollution prevention, Source Control Measures, treatment control measures,
Green Stormwater Infrastructure, and measures to reduce risk to consumers of Bay fish.
(b)Source Property Identification and Abatement. The Director shall investigate and identify
properties and land areas that likely contribute mercury to the Storm Drain System and take
action to abate or cause abatement of the mercury sources or refer the identified properties
to the Regional Water Board for follow-up measures. Source properties referred to the
Water Board shall implement interim enhanced operation and maintenance measures as
required by the Director.
(c)Designated Properties. Properties in industrial areas and in other zones designated in City
regulations shall implement treatment control measures, GSI measures, or other control
measures to treat Stormwater per the MRP, regional guidance and City regulations.
Part 8 Polychlorinated Biphenyls {PCBs) Controls
16.11.340 Polychlorinated Biphenyls Controls
(a)The Director shall implement a polychlorinated biphenyls (PCBs) control program consisting
of an assessment methodology and data collection program to identify and quantify
reductions of PCB loads in Stormwater through implementation of Pollution prevention,
Source Control, and treatment control, Green Stormwater Infrastructure, and other
measures.
(b)Source Property Identification and Abatement. The Director shall investigate and identify
properties and land areas that likely contribute PCBs to the Storm Drain System and take
action to abate or cause abatement of the PCB sources and/or refer the identified properties
to the Regional Water Board for follow-up measures. Source properties referred to the
Water Board shall implement interim enhanced operation and maintenance measures as
required by the Director.
(c)Designated Properties. Properties in industrial areas and in other zones designated in City
regulations or properties otherwise designated by the Director shall implement treatment
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control measures, GSI measures, or other control measures to treat Stormwater according
to the requirements of the MRP, regional guidance, and City regulations.
16.11.350 Management of PCBs During Building Demolition Activities
(a)Applicability. This section shall apply to projects that require a Demolition Permit.
Demolitions of single-family residences or any wood-framed structures are exempted from
this requirement.
(b)PCB Screening Assessment. Any Person undertaking a project that involves the demolition of
an entire Building constructed or Remodeled between January 1, 1950 and December 31,
1980, inclusive, shall perform a PCB Screening Assessment to determine the presence of
PCBs and other hazardous substances at the demolition site and to follow applicable
disposal requirements. The PCB Screening Assessment shall be submitted prior to issuance
of any demolition Permit, in a form and substance prescribed by the Director. The Director
may require the PCB Screening Assessment to include any information reasonably necessary
to determine the concentration of PCBs in any primary building materials.
(c)For demolition of Buildings containing materials with PCBs concentrations of SO ppm or
greater approved on and after July 1, 2023 identified per required sampling procedures of
this PCBs Program, demolition contractors shall notify the City at least two weeks before any
demolition is to occur. Applicant shall determine if additional agency notification or
approvals, or additional sampling for and abatement of PCBs, is required under other
applicable laws. Applicant shall comply with all federal and state laws and regulations,
including but not limited to health, safety, and environmental laws and regulations, that
relate to management and cleanup of any and all PCBs, including but not limited to PCBs in
priority building materials, other PCBs-Contaminated materials, PCBs-Contaminated liquids,
and PCBs waste. The requirements of this section do not replace or supplant the
requirements of state or federal law, including but not limited to the Toxic Substances
Control Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of
Regulations (CCR) Title 22. The demolition contractors shall provide notification to the City if
it is determined that advance approval from the U.S. EPA is required. If advance approval to
U.S. EPA is not required, then the demolition contractors shall submit a Hazardous Waste
manifest for the disposal of the PCBs materials to the City within one week of it becoming
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Docusign Envelope ID: BB136A93-203F-41BD-9958-ADF23B62147B
available. The demolition contractors shall notify the City that the demolition is complete
within five business days of completion.
(d)Applicants shall submit written notifications documenting any changes in the information
submitted in compliance with this section to the Director when changes in project
conditions affect the information submitted with the Permit application.
(e)Applicants shall conduct onsite PCB control measures described in City regulations and as
prescribed by the Director.
(f)The Director shall inspect Construction Sites during demolition to verify adequate
implementation of Construction Site controls and proper disposal of PCB-containing
materials.
(g)Record keeping. Applicants shall maintain documentation of the results of the priority
building materials screening assessment for a minimum of five years after submittal to the
City.
(h)Liability. Applicant is responsible for safely and legally complying with the requirements of
this section. Neither the issuance of a Permit under the requirements of the Director or
building department, nor the compliance with the requirements of this section or with any
condition imposed by the City, shall relieve any Person from responsibility for damage to
Persons or property resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the City for damages to Persons or property.
Part 9 Copper Controls
16.11.360 Copper Controls
(a)Pools, Spas, and Fountains. Discharges from pools, spas, and fountains that contain copper
based chemicals are prohibited from entering the Storm Drain System. Owners of pools,
spas, and fountains shall either install a connection to a private sanitary sewer, including a
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Docusign Envelope ID: BB136A93-203F-41BD-9958-ADF238621478
connection for filter backwash, or divert the Discharge for use in landscaping. Discharge
diverted for use in landscaping shall not overflow the landscaped area.
(b)Sources. Each industrial source in the City shall have BMPs in place to minimize Discharge of
copper to the Storm Drain System, including consideration of roof runoff that might
accumulate copper deposits from ventilation systems on site.
(c)Roofing Materials. Copper metal roofing, copper granule containing asphalt shingles, and
copper gutters shall not be permitted for use on any residential, commercial, or industrial
Building for which a Building Permit is required. Copper flashing for use under tiles or slates
and small copper ornaments are exempt from this prohibition. Replacement roofing and
gutters on historic structures are exempt, provided that the roofing material used shall be
pre-patinated at the factory. For the purposes of this exemption, the definition of "historic"
shall be limited to structures designated as Category 1 or Category 2 Buildings in the current
edition of the Palo Alto Historical and Architectural Resources Report and Inventory.
(d)Sites requiring copper controls shall comply with all applicable BMPs described in City
regulations and otherwise prescribed by the Director.
SECTION 3. If any Section, Subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or Sections of the
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
Section, Subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more Sections, Subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act ("CEQA"), pursuant to Section 15308 of the CEQA Guidelines, because
it is an action taken by the City as a regulatory agency to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves
procedures for protection of the environment.
II
II
II
0290171_20250418_ms29
38
Docusign Envelope ID BB136A93-203F-41BD-9958-ADF23B62147B
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: SEPTEMBER 15, 2025
PASSED: SEPTEMBER 29, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
,-DocuSigned by:
Signed by:
f4, Lau
-86910E5898F6400 _. " — Uldu1003614Eb_._
City Clerk
Mayor
APPROVED AS TO FORM: APPROVED:
Signed by:
'-52E3ub948EbE44U...
City Attorney or Designee
39
DocuSigned by:
54
4F9...
City Manager
DocuSigned by:
br'jf ,Sfbw
i� 85U5Ab3(3A4DF...
Director of Public Works
0290171_20250418_ms29
0 docusign.
Certificate Of Completion
Envelope Id: BB136A93-203F-41BD-9958-ADF23B62147B
Subject: ORD 5671 - Amend Chapter 16.11 (Stormwater Pollution Prevention) of Title 16
Source Envelope:
Document Pages: 39 Signatures: 5
Certificate Pages: 2 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Completed
Envelope Originator:
Christine Prior
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 165.225.242.87
Record Tracking
Status: Original
9/30/2025 5:00:19 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Pool: StateLocal
Pool: City of Palo Alto
Location: DocuSign
Location: Docusign
Signer Events
Signature
Timestamp
Madeleine Salah
Madeleine.Salah@PaloAlto.gov
Deputy City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Brad Eggleston
Brad.Eggleston@PaloAlto.gov
Director of Public Works
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Shikada
Ed.Shikada@PaloAlto.gov
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Lauing
Ed.Lauing@PaloAlto.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
"—Signed by:
In1.aa acitnL
"-52E3D6948EBE44D..
Signature Adoption: Pre -selected Style
Using IP Address:
2601:645:c681:9a00:85fb:d58b:4dc3:1925
�DocuSigned by:
f r4 fi1.t-sfevu
"- DF8505A6373A40F...
Signature Adoption: Pre -selected Style
Using IP Address: 199.33.32.254
-DocuSigned by:
Fa( 514044
'-F2DCA19CCC8D4F9...
Signature Adoption: Pre -selected Style
Using IP Address: 199.33.32.254
"—Signed by:
Lwu
'-880C20B663824E6...
Signature Adoption: Pre -selected Style
Using IP Address: 212.185.66.17
Sent: 9/30/2025 5:03:49 PM
Viewed: 9/30/2025 5:28:26 PM
Signed: 9/30/2025 5:28:56 PM
Sent: 9/30/2025 5:28:57 PM
Viewed: 9/30/2025 5:42:15 PM
Signed: 9/30/2025 5:42:22 PM
Sent: 9/30/2025 5:42:23 PM
Viewed: 10/1/2025 1:40:25 PM
Signed: 10/1/2025 1:40:33 PM
Sent: 10/1/2025 1:40:34 PM
Viewed: 10/2/2025 9:42:18 AM
Signed: 10/2/2025 9:43:27 AM
Signer Events
Signature
Timestamp
Mahealani Ah Yun
Mahealani.AhYun@PaloAlto.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
DocuSig bed by:
M. tu..twt,i tat. qwn,
'-86910E5898F6400...
Signature Adoption: Pre -selected Style
Using IP Address: 47.176.191.66
Sent: 10/2/2025 9:43:28 AM
Viewed: 10/3/2025 4:12:17 PM
Signed: 10/3/2025 4:13:08 PM
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9/30/2025 5:03:49 PM
10/3/2025 4:12:17 PM
10/3/2025 4:13:08 PM
10/3/2025 4:13:08 PM
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