HomeMy WebLinkAbout5.3 Ordinance Amending Dublin Municipal Code Chapter 7.74 and Ordinance Amending Dublin Municipal Code Chapter 7.29r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.3
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater
Management and Discharge Control) and Ordinance Amending Dublin
Municipal Code Chapter 7.29 (Management of PCBs During Building
Demolition Projects)
Prepared by: Shannan Young, Environmental & Sustainability Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an ordinance revising Dublin Municipal Code Chapter 7.74
to align with new mandates in the Municipal Regional Stormwater National Pollutant Discharge
Elimination System Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control
Board. The City Council will also consider adopting an ordinance revising Dublin Municipal Code
Chapter 7.29 to align with new mandates in the MRP related to enhanced best management
practices required during complete building demolition of applicable structures. The City Council
waived the first readings and introduced the ordinances at the meeting on August 20, 2024. The
City Council is now being asked to waive the second readings and adopt the ordinances.
STAFF RECOMMENDATION:
Take the following actions: 1) Waive the second reading and adopt the Ordinance Amending
Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control); and 2)
Waive the second reading and adopt the Ordinance Amending Dublin Municipal Code Chapter 7.29
(Management of PCBs During Building Demolition Projects).
FINANCIAL IMPACT:
Sufficient funds are included in the Fiscal Year 2024-25 and 2025-26 budgets to cover
implementation of the requirements in the Municipal Regional Stormwater National Pollutant
Discharge Elimination System Permit.
DESCRIPTION:
The City of Dublin is a member of the Alameda Countywide Clean Water Program and a co -
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permittee of the Municipal Regional Stormwater National Pollutant Discharge Elimination System
Permit (MRP). The MRP is issued by the California Regional Water Quality Control Board, San
Francisco Bay Region, approximately every five years and imposes requirements intended to
minimize impairments to local creeks and to the San Francisco Bay. The MRP evolved from 1987
amendments to the Federal Clean Water Act, as implemented by Environmental Protection Agency
regulations adopted in 1990.
In response to the amendments to the Federal Clean Water Act and to Order No. 91-146 issued by
the by California Regional Water Quality Control Board, San Francisco Bay Region, the City Council
adopted Ordinance No. 9-92 on June 8, 1992, which added Chapter 7.74, Stormwater Management
and Discharge Control, to the Municipal Code. Since then, requirements mandated in the MRP have
expanded and evolved. The proposed Ordinances include revisions to both Chapter 7.74 and
Chapter 7.29 of the Municipal Code to conform with current mandates in the MRP. The proposed
Ordinances are consistent with a model ordinance developed by the Alameda Countywide Clean
Water Program.
Chapter 7.74 Stormwater Management and Discharge Control
The proposed Ordinance will modify Chapter 7.74 by: repealing Articles I through IV; replacing
those as Articles I, II, IV, and V; adding a new Article III; and renumbering current Articles V and VI
as Articles VI and VII. The proposed revisions to Chapter 7.74 are summarized below:
• Adds and updates definitions and references to conform with the MRP and applicable
federal and state regulations.
• Updates requirements for implementation of best management practices to prevent wastes
and pollutants from entering the municipal storm drain system.
• Updates site management requirements pertaining to public and private construction sites
and activities, clarifying obligations to implement effective erosion control, run-on and run-
off control, sediment control, active treatment systems (as appropriate), good site
management, and non-stormwater management through all phases of construction.
• Updates development and design requirements pertaining to new and redevelopment
projects, clarifying obligations to implement source control, site design, stormwater
treatment measures, and hydromodification management measures (as applicable); as well
as obligations for applicable projects to enter into maintenance agreements for the
perpetual maintenance of these stormwater facilities.
• Adds trash load control measures and actions to reduce trash impacts on the municipal
storm drain system and waterways, including those from illicit discharges, illegal dumping,
existing development, new development, and redevelopment.
• Updates provisions related to inspection, progressive enforcement, and penalties for
stormwater violations.
The Ordinance includes a new article titled Stormwater Quality Management for Development.
The article includes sections related to construction activities, development and redevelopment
requirements, trash reduction requirements, and stormwater management maintenance
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agreements. Adding this new article results in renumbering existing Articles III, IV, V, and VI, to
Articles IV, V, VI, and VII, respectively.
Other than renumbering, the existing Article V, Dublin Ranch East Side Storm Drain Benefit
District and existing Article VI, Dublin Ranch West Side Storm Drain Benefit District, to be Article
VI and Article VII respectively, the proposed ordinance does not materially change these articles.
On August 20, 20204, the City Council waived the first reading and introduced the Ordinance
Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control).
The City Council is being asked to waive the second reading and adopt the Ordinance.
Chapter 7.29 Management of PCBs During Building Demolition Projects
Provision C.12 of the MRP, Polychlorinated Biphenyls (PCBs) Controls, requires co-permittees to
reduce PCBs discharges in stormwater runoff by implementing controls during the building
demolition process. On June 4, 2019, City Council adopted Ordinance No. 06-19 requiring
applicable structures constructed or remodeled between 1950 and 1980 to assess priority
materials that may contain PCBs prior to demolition to determine if said priority materials contain
PCBs in concentrations greater than or equal to 50 parts per million. In situations where PCBs are
detected at that concentration, the applicant is required to comply with related applicable federal
and state laws. The amendments to Chapter 7.29 consist of changes required to enhance clarity
and be consistent with noticing and reporting requirements in the current MRP.
On August 20, 2024, the City Council waived the first reading and introduced the Ordinances
Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition
Projects.) Subsequently, proposed Ordinance text for Section 7.29.050. PCBs in Priority Building
Materials Screening Assessment, was corrected for grammatical and verb consistency, without
altering the proposed Ordinance requirements. The City Council is being asked to waive the
second reading and adopt the Ordinance, including the grammatical and verb corrections in
Section 7.29.050.
ENVIRONMENTAL DETERMINATION:
Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City
prepared a Notice of Exemption for the Amendments to the Ordinances.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and
Discharge Control)
2) Exhibit A to the Ordinance - Chapter 7.74 (Stormwater Management and Discharge Control)
3) Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During
Building Demolition Projects)
4) Exhibit A to the Ordinance - Chapter 7.29 (Management of PCBs During Building Demolition
Projects) - Redline Version
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Attachment I
ORDINANCE NO. XX — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER 7.74 (STORMWATER MANAGEMENT
AND DISCHARGE CONTROL)
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county
may make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, the City of Dublin ("City") is subject to the Municipal Regional Stormwater
National Pollutant Discharge Elimination System Permit ("MRP") administered by the California
Regional Water Quality Control Board, San Francisco Bay Region ("Regional Water Board"); and
WHEREAS, the City's Stormwater Program is a mandated program under the federal Clean
Water Act which is codified in the City of Dublin Municipal Code Chapter 7.74 Stormwater
Management and Discharge Control ("Chapter 7.74"); and
WHEREAS, Ordinance 9-92 allowed the City to comply with Section 402(p) of the Clean
Water Act as amended by the Water Quality Act of 1987; and
WHEREAS, the City is a member of the Alameda Countywide Clean Water Program
("Clean Water Program"), a consortium of Alameda County jurisdictions that coordinate on
implementation activities required in the MRP; and
WHEREAS, as a member of the Clean Water Program, the City takes an active role in
preventing pollution of San Francisco Bay and other tributaries that flow into the bodies of water
that make the City and the Bay Area an attractive place to live; and
WHEREAS, the Regional Water Board modified the MRP regulations regarding discharge
of stormwater into the stormwater collection system; and
WHEREAS, modifications to Chapter 7.74 are required to comply with the provisions of the
modified applicable MRP; and
WHEREAS, the City desires to repeal Articles I through IV of the current Chapter 7.74 to
reflect the new MRP requirements and to continue to minimize pollution that flows into local
waterways and the San Francisco Bay; and
WHEREAS, the City desires to replace Article I through IV of Chapter 7.74 with updated
articles modeled on the Clean Water Program's model ordinance; and
WHEREAS, the City desires to add a new Article III to Chapter 7.74, Stormwater Quality
Management for Development; and
WHEREAS, the City desires to renumber the current Articles V through VI of Chapter 7.74
as Articles VI and VII, respectively, and to update the references therein.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 3 5
NOW, THEREFORE, the City Council of the City of Dublin does ordain the changes
attached hereto as Exhibit A.
Section 1. Recitals. The above recitals are incorporated as though set forth in this
section.
Section 2. Amendment. Articles I through V of Chapter 7.74 "Stormwater Management
and Discharge Control" of Title 7 of the Dublin Municipal Code are hereby updated to be in the
form of Exhibit A incorporated herein.
Section 3. Renumbering of Articles V and Article VI. Articles V and VI are
renumbered VI and VII respectively and the sections within those articles are correspondingly
renumbered sequentially to follow the numbering of the last section of Article V added by section
2 of this Ordinance.
Section 4. Severability. If any section, subsection, provision, or part of this Ordinance,
or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid,
the remainder of this Ordinance, and the application of such provision to other person or
circumstances, shall not be affected thereby and shall remain in full force and effect and, to that
end, the provisions of this Ordinance are severable.
Section 5. CEQA. This Ordinance is exempt from the provisions of Chapter 3
(commencing with Section 21100) of Division 13 of the Public Resources Code pursuant to CEQA
Guidelines Section 15308 as an action that assures the maintenance, restoration, enhancement
or protection of the environment where the regulatory process involves procedures for protection
of the environment.
Section 6. Effective Date. This Ordinance shall take effect and be enforced 30 days
following its final adoption.
Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
{Signatures on the following page}
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 3 6
PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 3 of 3
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Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
Sections:
Attachment 2
Exhibit A to the Ordinance
Chapter 7.74
Stormwater Management and Discharge Control
Article I. Title, Purpose and General Provisions
7.74.010 Title.
7.74.020 Purpose and intent.
7.74.030 Compliance with other laws.
7.74.040 Definitions.
7.74.050 Responsibility for administration.
7.74.060 Construction and application.
7.74.070 Scope and limits of this chapter.
7.74.080 Severability and validity.
Article II. Discharge Regulations and Requirements
7.74.090 Discharge of pollutants.
7.74.100 Exceptions to discharge prohibition.
7.74.110 Discharge in violation of permit.
7.74.120 Illicit discharge and illicit connections.
7.74.130 Reduction of pollutants in stormwater.
7.74.140 Special Districts.
Article III. Stormwater Quality Management for Development
7.74.150 Construction activities.
7.74.160 Development and redevelopment requirements.
7.74.170 Reserved for potential future in -lieu fee.
7.74.180 Trash reduction requirements.
7.74.190 Stormwater Management Maintenance Agreements.
Article IV. Inspection and Enforcement
7.74.200 Authority to inspect.
7.74.210 Violations constituting misdemeanors or infractions.
7.74.220 Penalty for violation.
7.74.230 Continuing violation.
7.74.240 Concealment.
7.74.250 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter -Cologne Act.
7.74.260 Violations deemed a public nuisance.
7.74.270 California Code of Civil Procedure Section 1094.6.
7.74.280 Civil actions.
7.74.290 Administrative enforcement powers.
7.74.300 Authority to issue citations or arrest.
7.74.310 Remedies not exclusive.
Article V. Coordination with other Programs
7.74.320 Coordination with Hazardous Materials Inventory and Response Program.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
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7.74.370 Obligations imposed.
7.74.380 Use of credits.
7.74.390 Use of charge revenue.
7.74.400 Recordation.
7.74.410 Reimbursement agreements.
Article I. Title, Purpose and General Provisions
7.74.010 Title.
The ordinance codified in this chapter shall be known as the "City of Dublin Stormwater
Management and Discharge Control Ordinance" and may be so cited.
7.74.020 Purpose and intent.
A. The purpose of this chapter is to establish minimum stormwater management requirements
and controls to protect and safeguard the general health, safety, and general welfare of city of
Dublin citizens by:
1. Eliminating non-stormwater discharges to the municipal separate storm sewer system
(hereinafter referred to as MS4);
2. Controlling spills and prohibiting dumping or disposal of materials other than stormwater
to the MS4;
3. Reducing pollutants and wastes in stormwater discharges to the maximum extent
practicable (hereinafter referred to as MEP);
4. Establishing minimal acceptable requirements for the design of stream buffers and for the
protection of the water quality of watercourses, water bodies, the San Francisco Bay, and
other significant water resources; and
5. Enabling the city to comply with the California Regional Water Quality Control Board San
Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge
Elimination System (NPDES) permit (hereinafter referred to as the MRP), , or as
amended or revised, NPDES Permit No. CAS612008, or any reissuance thereof, and
applicable federal and state regulations. The MRP is on file with the City Clerk of the city
of Dublin and available on the San Francisco Bay Regional Water Quality Control Board
website.
The intent of this chapter is to protect and enhance the water quality of watercourses, water
bodies and wetlands, in a manner pursuant to and consistent with the Clean Water Act and
California Water Code.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
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7.74.030 Compliance with other laws.
A. The requirements of this chapter are minimum requirements. They do not replace, repeal,
abrogate, supersede, or affect any other more stringent requirements, rules, regulations,
covenants, standards, or restrictions. Where this chapter imposes requirements that are more
protective of human health or the environment than those set forth elsewhere, the provisions of
this chapter shall prevail.
B. Approvals and permits granted under this chapter are not waivers of the requirements of
any other laws, nor do they indicate compliance with any other laws. Compliance is still
required with all applicable federal, state, regional and local laws and regulations, including
rules promulgated under authority of this chapter.
7.74.040 Definitions.
A. Any terms defined in the MRP or the Federal Clean Water Act, or the California Water
Code and acts amendatory thereof or supplementary thereto, and/or defined in the regulations
for the stormwater discharge permitting program issued by the United States Environmental
Protection Agency on November 16, 1990 (as may from time to time be amended), as used in
this chapter, shall have the same meaning as in that statute or regulations. Specifically, the
definitions of the following terms included in that statute or regulations are hereby incorporated
by reference, as now applicable or as may hereafter be amended:
1. "Applicant" means any Person applying to the city of Dublin for permitting or approval
of a project.
2. "Authorized enforcement official" means the following city officials and their
designated associates, employed by the city or working under a contract with the city:
Fire Chief, Public Works Director, City Engineer, and Building Official.
3. "Best management practice (BMP)" means structural device, measures, facility,
activity, schedules of activities, prohibitions of practices, general good housekeeping
practices, pollution -prevention practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or
indirectly to "waters of the United States." BMPs also include treatment requirements,
operating procedures, and practices to control plant -site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
4. "Biotreatment Soil Media (BSM)" means a soil blend designed to meet the
specifications approved by the San Francisco Bay Regional Water Quality Control
Board Executive Officer and incorporated into the C.3 Technical Guidance Manual.
5. "C.3 Technical Guidance Manual" means the most recent version of the Alameda
Countywide Clean Water Program manual that sets forth guidance, design standards
and best management practices for low impact development.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
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6. "City" means the city of Dublin.
7. "Construction activity" means any activity that involves soil disturbing activities
including, but not limited to, grubbing, clearing, filling, leveling, building, paving,
grading, demolition, and ground disturbances such as stockpiling and excavation
unless exempted by the municipal code.
8. "Development" or "development project" means construction, rehabilitation,
redevelopment, or reconstruction of any public or private residential project (whether
single-family, multi -unit, or planned unit development); or industrial, commercial, or
other non-residential project, including public agency projects. Development projects
as defined here and used in this chapter includes redevelopment, which means land -
disturbing activity that results in the creation, addition, or replacement of exterior
impervious surface area on a site on which some past development has occurred.
Development or development project includes, but is not limited to, a rezoning,
tentative parcel map, conditional use permit, variance, site development permit,
design review, or building permit.
9. "Development runoff requirements" means the provisions in the MRP and any
additional city standards that contain performance standards to address both the
construction and post -construction phase of new and development projects on
stormwater quality.
10. "Discharge" means:
a. Any addition or discharge of any pollutant or combination of pollutants and waste
directly or indirectly to the storm drain system or to waters of the United States or
waters of the State from any activity or operation, or
b. Any addition of any pollutant, waste, or combination of pollutants and waste directly
or indirectly to the storm drain system or to the waters of the contiguous zone or the
ocean from any activity or operation other than a vessel or other floating craft being
used as a means of transportation.
This includes additions of pollutants or waste to waters of the United States or waters
of the State from: surface runoff which is anthropogenically collected or channeled;
discharges through pipes, sewers, or other conveyances, including street surfaces
and curb and gutters, owned by a State, municipality, or other Person which do not
lead to a treatment facility; and discharges through pipes, sewers, or other
conveyances, leading to privately owned treatment works.
11. "Discharger" means a Person or entity who or which, respectively, allows, causes,
permits to occur, or performs a discharge. "Discharger" also means the owners of real
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
Discharge Control
property on which such activities, operations or facilities are located; provided,
however, that a local government or public authority is not a discharger as to activities
conducted by others in public rights -of -way
12. "Full trash capture" or a "full trash capture system or device" means any device or
series of devices that traps all particles retained by a minimum five -millimeter mesh
screen and has a design treatment capacity of not less than the peak flow rate
resulting from a one-year, one -hour storm in the tributary drainage catchment area.
13. "Green stormwater infrastructure (GSI)" means infrastructure that uses vegetation,
soils, and natural processes to intercept stormwater or stormwater runoff for either
infiltration into the ground, evaporation, slowed release into the MS4, or some
combination thereof. GSI is a natural and environmentally sustainable approach to
managing stormwater runoff using specially designed landscaped areas, pervious
surfaces, and rainwater capture and use. As Low Impact Development practices are
often implemented with GSI, these concepts are together referred to as LID/GSI.
14. "Hydromodification" means modification of a stream's hydrograph, caused in general
by increases in flows and durations that result when land is developed (e.g., made
more impervious). The effects of hydromodification include but are not limited to
increased bed and bank erosion, loss of habitat, increased sediment transport and
deposition, and increased flooding.
15. "Hydromodification Management (HM)" means engineered systems designed to
minimize changes to the hydrograph (hydromodification) resulting from development
by matching the flow durations (long-term temporal patterns of volume and rate) of the
pre -project runoff.
16. "Illicit connection" means any device or method that conveys an illicit discharge to a
MS4 or receiving water, or any conveyance that has not been documented in plans,
maps, or equivalent records and approved by the city.
17. "Illicit discharge" means any discharge to the MS4 that is prohibited under local,
state, or federal statutes, ordinances, codes, or regulations. This includes all non-
stormwater discharges not composed entirely of stormwater, except discharges
allowed pursuant to an NPDES permit (other than the NPDES permit for discharges
from the MS4).
18. "Local Agency Investment Fund (LAIF)" means a voluntary program created by
statute which began in 1977 as an investment alternative for California's local
governments and special districts. The LAIF program offers local agencies the
opportunity to participate in a major portfolio, which invests hundreds of millions of
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
Discharge Control
dollars, using the investment expertise of the State Treasurer's Office professional
investment staff at no additional cost to the taxpayer.
19."Low impact development (LID)" uses site design and stormwater management to
maintain the site's pre -development runoff rates and volumes. The goal of LID is to
mimic a site's predevelopment hydrology by using design techniques that infiltrate,
filter, store, evaporate, detain, and/or biotreat stormwater runoff on or near the site. At
the site scale, GSI is a subset of LID. As LID practices are often implemented with
GSI, these concepts are referred together as LID/GSI.
20. "Lot" means a piece or parcel of land owned as a single unit in common ownership,
occupied or intended to be occupied by a principal building or a group of such
buildings and accessory buildings, or utilized for a principal use and uses accessory
thereto, together with such open spaces as are required by this title, and having
frontage on and access to an approved and accepted city street that meets the
standards of width and improvements as specified in the regulations of the city
contained in or adopted pursuant to the subdivision title and street improvement
chapter as to the section and the frontage of the lot involved, or having frontage on
and access to an approved private street.
21. "Maximum extent practicable (MEP)" means a standard for implementation of
stormwater management programs to reduce pollutants in stormwater to the maximum
extent possible, taking into account equitable considerations and competing facts
including but not limited to the seriousness of the problem, public health risks,
environmental benefit, pollutant removal effectiveness, regulatory compliance, cost
and technical feasibility.
22. "Municipal Regional Stormwater NPDES Permit (MRP)" means the California
Regional Water Quality Control Board San Francisco Bay Region Municipal Regional
Stormwater NPDES permit issued to the city of Dublin, Permit No. CAS612008 and
any subsequent amendment, reissuance, or successor to this NPDES permit.
23. "Municipal separate storm sewer system (MS4)" means and includes, but is not
limited to, those facilities within the city by which stormwater may be conveyed to
waters of the United States, including any roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains,
which are not part of a publicly owned treatment works (POTW) as defined at 40 Code
of Federal Regulations Section 122.2.
24. "Non-stormwater discharge" means any discharge that is not entirely composed of
stormwater.
25. "NPDES" means National Pollutant Discharge Elimination System.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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26. "NPDES permit" means a NPDES permit issued by the United States Environmental
Protection Agency, the State Water Resources Control Board, or a California Regional
Water Quality Control Board pursuant to the Clean Water Act and the California Water
Code that authorizes discharges to waters of the United States.
27. "Person" means an individual, corporation, partnership, association, State,
municipality, commission, political subdivision of a State, or any interstate body.
28. "Pollutant" means dredged soil, solid waste, incinerator residue, filter backwash,
sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes or
byproducts, fuels, biological materials, radioactive materials (except those regulated
under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat,
wrecked or discarded equipment, sediment, contaminated waste discharged from hot
tubs, pools or spas, dumped yard wastes, food related wastes, rock, sand, dirt, and
industrial, municipal and agricultural waste discharged into water, or placed in an area
or manner such that it could be swept away or carried by stormwater runoff.
29. "Premises" means any building, lot, parcel, real estate, or land or portion of land,
whether improved or unimproved, including adjacent sidewalks and parking strips.
30. "Regulated Project" means a development project, as defined in MRP Provision C.3.
These projects are required to implement LID source control, site design, and LID/GSI
stormwater treatment, onsite or at a joint stormwater treatment facility, in accordance
with the criteria for LID/GSI and numeric sizing for stormwater treatment systems and
may be required to implement hydromodification management as put forth in the MRP.
31. "Responsible person" means the owner, occupant, or entity responsible for any
premises, or who engages in any activity, from which there is or may be a non-
stormwater discharge or any Person who releases pollutants or waste to the MS4.
32. "Source control" means structural or operational BMPs that are intended to prevent
pollutants from coming into contact with stormwater through the physical separation of
areas or careful management of activities that are sources of pollutants.
33. "State" means the State of California.
34. "Stormwater" means temporary surface water runoff and drainage generated by
immediately preceding storms. This definition shall be interpreted consistent with the
definition of "stormwater" in Section 122.26 of Title 40 of the Code of Federal
Regulations.
35. "Stormwater treatment system" means any engineered system designed to remove
pollutants and waste from stormwater runoff by settling, filtration, biological
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
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degradation, plant uptake, media absorption/adsorption, or other physical, biological,
or chemical process. This includes landscape -based systems such as grassy swales
and bioretention areas as well as some proprietary treatment systems.
36. "Urban Runoff Requirement Acknowledgement" means the form regarding
construction stormwater BMPs that must be completed by developers of projects not
required to file a Notice of Intent with the State Water Resources Control Board.
37. "Waste" means sewage and any and all other waste substances, liquid, solid,
gaseous, or radioactive, associated with human habitation, or of human or animal
origin, or from any producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for the purposes of, disposal.
38. "Watercourse" means:
a. An elongated open depression or channel in which water may or does flow; or
b. A conduit or channel intended for the conveyance of water whether open or closed;
or
c. A stream or course of running water flowing on the earth; or
d. A ditch or artificial channel created for the conveyance of water.
39. "Waters of the State" means any surface water or groundwater, including saline
waters, within the boundaries of the State.
40. "Waters of the United States" shall have the same meaning as set forth in 40 Code of
Federal Regulations Section 120.2 or any successor provisions.
7.74.050 Responsibility for administration.
This chapter shall be administered for the city by the Public Works Director. Where storm drain
facilities and/or watercourses have been accepted for maintenance by the Zone 7 Water
Agency or other public agency legally responsible for certain watercourses, the responsibility
for enforcing the provisions of this chapter may be assigned to such an agency (through
contract or agreement executed by the city and such agency) with respect to those
watercourses for which they have accepted maintenance.
The Public Works Director is authorized to promulgate administrative procedures and/or
policies needed to implement this chapter without having to amend the Ordinance.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Chapter 7.74 Stormwater Management and
Discharge Control
7.74.060 Construction and application.
This chapter shall be construed to assure consistency with the requirements of the Federal
Clean Water Act and acts amendatory thereof or supplementary thereto, the California Water
Code and applicable implementing regulations, and the MRP and any amendment, revision, or
reissuance thereof.
The standards established by this chapter are minimum standards. Therefore, this chapter
does not intend nor imply that compliance by any discharger will ensure that the discharger will
not cause contamination, pollution, or unauthorized discharge of pollutants or waste into
waters of the United States or waters of the State. Ensuring that the discharger does not
contaminate, pollute, or otherwise discharge pollutants or waste into the waters of the United
States or waters of the State is the ultimate responsibility of the discharger. This chapter shall
not create liability on the part of the city or any city agent or employee for any damages that
result from the discharger's reliance on this chapter or any lawful administrative decision made
under this chapter.
7.74.070 Scope and limits of this chapter.
A. This chapter shall apply to:
1. Ministerial as well as discretionary approvals of development projects.
2. Dischargers at or from parcels and premises within the city, which have been found to,
or may be reasonably considered to, cause or contribute to pollution of stormwater
runoff or illegal connections and other illicit discharges.
B. Nothing in this chapter shall be interpreted to infringe any right or power guaranteed by the
United States constitution or the California Constitution, including any vested property right.
7.74.080 Severability and validity.
If any portion of the ordinance codified in this chapter is declared invalid, the remaining
portions of such ordinance are to be considered valid.
Article II. Discharge Regulations and Requirements
7.74.090 Discharge of pollutants.
A. General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is
prohibited, except as set forth in Section 7.74.100.
B. The city has the authority and duty to require any Person intending to connect to the MS4
to adhere to this chapter, the MRP, and any amendment, revision, or reissuance thereof.
C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on
public or private lands in a manner and place where they may result in an illicit discharge.
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7.74.100 Exceptions to discharge prohibition.
A. The following discharges are exempt from the prohibitions set forth in Section 7.74.090
above:
1. Any discharge regulated under an NPDES permit issued to the discharger and
administered by the state of California under authority of the United States
Environmental Protection Agency, provided that the discharger is in full compliance
with all requirements of the permit and other applicable laws or regulations.
2. Exempt discharges, as identified in the MRP. Unpolluted discharges from those
sources or activities specifically identified in or pursuant to the MRP as exempt
discharges, unless they are identified by the city or the San Francisco Bay Regional
Water Quality Control Board as a source of pollutants to receiving waters, in which
case they shall be addressed as conditionally exempt discharges.
3. Conditionally exempt discharges, as identified in the MRP. Discharges from those
sources or activities specifically identified in or pursuant to the MRP as conditionally
exempt discharges shall not be a violation of this chapter provided that (1) they are
identified by the city or San Francisco Bay Regional Water Quality Control Board as
not being sources of pollutants to receiving waters, or (2) applicable BMPs are
developed and implemented to eliminate adverse impacts associated with such
sources or activities and required conditions described in the MRP are met prior to the
discharge.
B. If the Regional Water Quality Control Board or the city determines that an exempt or
conditionally exempt discharge results in or contributes to a violation of the MRP or of any
applicable water quality standard for receiving waters, either separately or when combined with
other discharges, or is a danger to public health or safety, the authorized enforcement official
may give written notice to the Responsible Person that the discharge exemption shall not apply
to the discharge at issue following a 10-day period commencing upon delivery of the notice.
Upon expiration of the 10-day period any such discharge shall be unlawful.
7.74.110 Discharge in violation of permit.
A. Any discharge that would result in or contribute to a violation of the MRP, either separately
considered or when combined with other discharges, is prohibited. Liability for any such
discharge shall be the responsibility of the Person(s) causing or responsible for the discharge,
and such Persons shall defend, indemnify, and hold harmless the city in any administrative or
judicial enforcement action relating to such discharge.
B. Every owner of real property within the city shall manage their property in a manner to
avoid violation of this code. The property owner shall be liable for violations thereof regardless
of any contract or agreement with any third party regarding the property. When there are
multiple property owners, the property owners shall have joint and several liability.
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1. Every property owner in the city is required to conduct all activities in a manner to
avoid violation of this Code and to correct any nuisance condition.
2. It shall be the duty of every property owner to keep all parcels of land under the
property owner's possession or control free of nuisance conditions.
7.74.120 Illicit discharge and illicit connections.
A. It is prohibited to establish, use, maintain, commence, or continue any illicit drainage
connections or illicit discharges to the MS4. This prohibition is expressly retroactive and
applies to connections made in the past, regardless of whether made under a permit or other
authorization or whether permissible under the law or practices applicable or prevailing at the
time of the connection.
1. Any Person responsible for a discharge, spill or pollutant release, including those
resulting from activities associated from mobile businesses, shall promptly cease and
desist discharging and/or cleanup and abate such a discharge as directed by the
authorized enforcement official.
2. Any Person responsible for an illicit connection shall promptly remove the connection
as directed by the authorized enforcement official.
3. The city may perform cleanup and abatement work and recover its costs from the
responsible Person as provided in Dublin Municipal Code Section 1.04.061. This
remedy is in addition to and does not supersede or limit any and all other remedies,
both civil and criminal, provided in Article IV and the Dublin Municipal Code.
B. The authorized enforcement official shall have the authority to inspect any activity
conducted within the city pursuant to Article IV.
C. When any activity is being performed contrary to the provisions of this code and has the
potential to result in a discharge to the MS4, the authorized enforcement official may order the
activity stopped until appropriate controls are implemented pursuant to Article IV.
7.74.130 Reduction of pollutants in stormwater.
Any Person engaged in activities that will or may result in pollutants or waste discharges
entering the MS4, natural surface waters, or watercourses shall undertake all practicable
measures to cease such activities, and/or eliminate or reduce such pollutants and waste
discharges. Examples of such activities include, but are not limited to, ownership and use of
facilities such as parking lots, gasoline stations, auto services, industrial facilities, and
commercial facilities fronting city streets. The following minimal requirements shall apply.
A. Littering.
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1. No Person shall throw, deposit, leave, maintain, keep, or permit to be thrown,
deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded
or abandoned objects, articles, and accumulations, in or upon any street, alley,
sidewalk, storm drain inlet, catch basin, conduit or other drainage structure, business
place, or upon any public or private lot of land in the city, so that the same might be or
become a pollutant or waste discharge, except in lawfully established garbage
containers or in lawfully established dumping grounds.
2. No Person shall throw or deposit litter in any fountain, pond, lake, creek, or any other
body of water in a park or elsewhere within the city.
B. Standard for maintenance of premises.
1. Persons owning or operating premises shall clean the property and storm drainage
structures as frequently and thoroughly as practicable in a manner that does not result
in discharge of pollutants or waste to the MS4.
2. The Responsible Person for any business in the city in front of which there is a paved
sidewalk shall maintain said sidewalk free of dirt and litter to the maximum extent
practicable. Sweepings from said sidewalk shall not be swept or otherwise made or
allowed to go into the gutter, roadway, or MS4, but shall be disposed of in receptacles
maintained on said real property as required for the disposal of garbage.
3. If wet cleaning is required to maintain the appearance of the sidewalk, parking lot, or
other exterior surfaces, the surface cleaning guidelines established by the Alameda
Countywide Clean Water Program shall be used.
C. Trash Control
1. An authorized enforcement official may require installation and maintenance of full
trash capture device(s) that meet the requirements of the San Francisco Bay Regional
Water Quality Control Board on private storm drain inlets if implemented BMPs do not
prevent the discharge of trash or other pollutants to the MS4 from private parking lots
and drainage facilities.
2. At a minimum, the full trash capture system covering the entirety of the parcel must be
installed before the onsite drainage enters the MS4 (i.e., trash capture must take place
no farther downstream than the last private stormwater drainage structure on site).
3. The authorized enforcement official may require Persons owning, operating, or
maintaining such Premises to enter into an operation and maintenance agreement, in
a form approved by the city and which has been recorded against the property with
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the Alameda County Recorder's Office, to ensure perpetual operation and
maintenance of the full trash capture system.
4. Upon transferring ownership of the property, any property owner required to install and
maintain a full trash capture system shall notify the city in writing of the transfer of
ownership, provide the new owners with a copy of the maintenance agreement, and
inform the new owners in writing of their obligation to properly operate and maintain
the full trash capture system.
5. It shall be unlawful to alter, modify, change, or remove any full trash capture system
without first obtaining from the Authorized Enforcement Official written certification that
the requirements of this Article and the MRP have been satisfied.
D. Organic matter.
1. Sweeping, blowing, or otherwise causing leaf litter, yard trimmings, or other organic
matter in a manner that allows it to enter the MS4 is prohibited.
E. Notice of Intent and compliance with State Water Resources Control Board General
Stormwater Permits.
1. Each industrial discharger, discharger associated with construction activity, or other
discharger described in any general stormwater permit addressing such discharges as
may be adopted by the United States Environmental Protection Agency, the State
Water Resources Control Board, or the San Francisco Bay Regional Water Quality
Control Board, shall provide Notice of Intent to comply with, and undertake all
activities required by any general stormwater permit as applicable to such discharges.
F. Proof of compliance with a general stormwater permit may be required in a form acceptable
to the city's designated representative prior to or as a condition of a subdivision map, site plan,
building permit, or development or improvement plan or business license; upon inspection of a
facility; during any enforcement proceeding or action; or for any other reasonable cause.
G. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of
application such as minimal overspray. Water leaving the intended area of application is not
incidental if it is due to the design, excessive application, intentional overflow or application, or
inadequate maintenance. Irrigation systems must be designed and maintained to conserve
water and prevent water from leaving the area of application. Responsible Persons shall
control irrigation systems to prevent excessive irrigation runoff by implementing the following
BMPs:
1. Detect and repair leaks from the irrigation system within 72 hours of discovering the
leak;
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2. Properly design and aim sprinkler heads to only irrigate the planned application area;
3. Do not irrigate during precipitation events; and
4. Where recycled water is used for irrigation, the user must conform to the requirements
set forth in the city's Municipal Code, Chapter 8.88 Water -Efficient Landscaping
Regulations, as amended from time to time, or those given by the MRP, whichever are
greater.
H. Best management practices (BMPs) and standards to reduce stormwater and non-
stormwater pollutants.
1. Responsibility to implement BMPs. Any Person engaged in activities or operations or
owning or occupying facilities or property that will or may result in pollutants entering
the MS4 or receiving waters shall implement BMPs to prevent and reduce such
pollutants.
I. City may establish BMPs. In addition to BMPs set forth in any general stormwater permit or
individual NPDES permit, and notwithstanding the discharge exemptions set forth in Section
7.74.130, the city may establish and require compliance with BMPs for any activity, operation,
or facility that may cause or contribute to degradation, pollution, or contamination of
stormwater, the MS4, or receiving waters.
J. The Public Works Director may require submission of information to evaluate the
implementation and/or require the implementation of BMPs, including, but not limited to, the
following:
1. Minimum BMPs. All dischargers must implement and maintain at least the following
minimum best management practices: Appropriate BMPs will be implemented to
prevent pollutant and waste sources from entering the city's storm drain collection
system that are associated with outdoor process and manufacturing areas, outdoor
material storage areas, outdoor waste storage and disposal areas, outdoor vehicle
and equipment storage and maintenance areas, outdoor parking and access roads,
outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment,
contaminated and erodible surfaces, or other sources determined by the Public Works
Director to have a reasonable potential to contribute to pollution of stormwater runoff.
2. Inspection, Maintenance, Repair and Upgrading of Best Management Practices. Best
management practices at staffed and unstaffed facilities must be inspected and
maintained by the discharger according to manufacturer specifications and/or the
California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks.
These best management practices must be maintained so that they continue to
function as designed. Best management practices that fail must be repaired as soon
as it is safe to do so. If the failure of a best management practice indicates that the
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best management practices in use are inappropriate or inadequate to the
circumstances, the practices must be modified or upgraded to prevent any further
failure in the same or similar circumstances.
K. Containment and notification of spills.
1. Notwithstanding any other requirement of law, any known or suspected spill or release
of pollutants or wastes which result or may result in an illicit discharge into the
[Agency] storm drain system, Waters of the United States, or Waters of the State,
shall be reported immediately in the following manner by any Responsible Person for
a facility or Responsible Person for the facility's emergency response:
a. The release of a hazardous material or hazardous waste shall be immediately
reported to emergency services by emergency dispatch services (911).
b. The release of a nonhazardous waste shall be reported to the Public Works
Department at 925-833-6630 no later than 5:00 p.m. on the same business day. If
the release occurs on a weekend or holiday, notification by phone shall be made
on the next business day. A written notification of the release shall also be made
to the Public Works Director within five business days of the release.
2. For any discharge subject to the reporting requirements of the State of California
Water Code Sections 13271 and 13272, notification in compliance therewith shall
constitute sufficient notification for the purposes of this section.
7.74.140 Special Districts.
The city has the authority and duty to require adherence to the MRP by Special Districts, if the
Special District intends to connect to the MS4.
Article III. Stormwater Quality Management for Development
7.74.150 Construction activities.
All construction sites shall implement effective erosion control, run-on and runoff control,
sediment control, active treatment systems (as appropriate), good site management, and non-
stormwater management through all phases of construction (including, but not limited to,
demolition, site grading, building and finishing of lots) until the site is fully stabilized by
landscaping or the installation of permanent erosion control measures. Construction sites shall
conform to the MRP Provision C.6 Construction Site Control requirements, as well as the
following requirements:
A. Any Person performing construction activities in the city shall implement appropriate BMPs
to prevent the discharge of sediment, construction waste or contaminants from construction
materials, tools, and equipment from entering the storm drain system or watercourse.
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B. Any Person performing construction activities for which a city permit is required must
submit for review and approval an Erosion and Sediment Control Plan, as described in the
Grading Regulations Ordinance, Dublin Municipal Code, Chapter 7.16, Section 7.16.600. Said
plan shall also include appropriate BMPs that provide for effective control for other pollutants
or waste that may be generated from the site. City permits shall not be issued until an
acceptable Erosion and Sediment Control Plan is submitted and approved. All Projects
performed in the city must comply with the following provisions:
1. Projects regulated under the State Construction General Permit shall present
evidence of coverage under the State Construction General Permit by disclosing the
Waste Discharger Identification (WDID) number.
2. Projects not covered by the State Construction General Permit shall complete an
Urban Runoff Requirements Acknowledgement, or other equivalent form as available
from the city. No construction activity may commence until adequate BMPs have been
installed conforming to the State Construction General Permit and/or MRP Provision
C.6 Construction Site Control requirements.
C. The Erosion and Sediment Control Plan shall be implemented year-round and must be
updated to reflect changing conditions on the project site. Modifications to the Erosion and
Sediment Control Plan shall be submitted to the city for review and approval.
D. Ground disturbing activities requiring a permit shall provide signage notifying the public to
call the City Public Works Department at (925) 833-6630 for spills or erosion control violations.
The sign shall be at least 18 inches, made of materials that shall withstand weather for the
duration of the project, and shall be clearly visible from the right-of-way. Lettering shall be at
least 3 inches high and easily readable.
E. The city's authorized enforcement official shall have the authority to inspect construction
activities with the city pursuant to Article IV.
F. When any work is being performed contrary to the provisions of this section, the authorized
enforcement official may order the work stopped by notice in writing served on any Persons
engaged in doing or causing the work to be done. Such work shall stop until the authorized
enforcement official authorizes the work to proceed. This remedy is in addition to and does not
supersede or limit any and all other remedies, both civil and criminal provided in the Dublin
Municipal Code.
7.74.160 Development and redevelopment requirements.
Development projects shall conform to the MRP Provision C.3 New and Redevelopment
Standards, Provision C.6 Construction Site Control requirements, and Provision C.10 Trash
Load Reduction Requirements.
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A. Stormwater Source Controls. Source controls as described in the MRP and in further detail
in the city of Dublin Stormwater Standard Plans, are required for all development projects
doing work in the city. Exemptions from certain stormwater source controls due to extreme
hardship may be granted on a limited basis.
B. Site design techniques. Development projects that fall into the applicable thresholds as
defined in the MRP, shall incorporate at least one of the following site design techniques, as
applicable to the project:
1. Direct roof runoff areas into cisterns or rain barrels for use.
2. Direct roof runoff onto vegetated areas through disconnected roof leaders that are
properly located to prevent erosion of landscaped materials.
3. Direct runoff from sidewalks, walkways, patios, driveways, or uncovered parking to
vegetated areas.
4. Construct sidewalks, walkways, patios, driveways, uncovered parking, or bike lanes
with permeable surfaces as defined in the MRP.
Applicants for these projects shall select, design, and construct these site design measures, as
applicable, with the requirements and guidelines set forth in the most current version of
following documents:
1. Municipal Regional Stormwater NPDES permit.
2. Technical Guidance Manual.
The above referenced documents, as amended and reissued from time to time, are
incorporated by reference into this chapter. These documents shall be available at the city's or
the Alameda Countywide Clean Water Program website.
C. Regulated Projects, as defined in the MRP and Section 7.74.040, are required to
incorporate additional site design, stormwater treatment, and hydromodification management
measures. These measures are required to remain in place post -construction to address
stormwater runoff pollutant discharges and prevent increases in runoff flow rates and volumes.
Applicants for new development and redevelopment projects shall select, design and construct
site design, stormwater treatment, and hydromodification management measures, as
applicable, to the satisfaction of the city in accordance with the requirements and guidelines
set forth in the most current version of following documents:
1. Municipal Regional Stormwater NPDES permit.
2. City of Dublin Stormwater Standard Plans.
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3. C.3 Technical Guidance Manual.
The above referenced documents, as amended and reissued from time to time, are
incorporated by reference into this chapter. These documents shall be available at the city's or
the Alameda Countywide Clean Water Program website.
D. Regulated Projects shall include LID/GSI treatment measures, as set forth in the MRP per
the following provisions:
1. Project phasing. Project proponents may not phase projects to avoid implementing
stormwater requirements. Projects submitted to the city within one year for the same
property shall be considered one project in terms of creating or replacing impervious
surface area. Project proponents shall meet the applicable requirements based on
cumulative impervious surface on the property. In addition, any project, phase of
project, or individual lot within a larger previously approved project, shall be
considered one project, and must adhere in its entirety to the requirements of this
section, as set forth at the time of submittal of the most recent application.
2. Subdivisions of land. Parcels of land which are subdivided for future construction shall
make provision for stormwater requirements anticipating future build out. Stormwater
improvements shall be considered part of the infrastructure and are required to be
installed with other infrastructure improvements.
3. Placement of LID/GSI treatment measures in common areas. In subdivisions,
stormwater treatment systems shall be placed in a common area unless prior approval
has been obtained by the authorized enforcement official.
4. LID/GSI treatment measures shall not be placed in backyards, or in areas where
fencing obstructs access for periodic inspection. All LID/GSI facilities shall be
accessible without having to request access through locked areas.
5. Alternative Compliance for low impact development. Notwithstanding the provisions of
Section 7.74.180, the authorized enforcement official may, in accordance with the
MRP, authorize a Regulated Project to provide alternate compliance by treating an
equivalent flow and pollutant load of the project's stormwater runoff with LID/GSI
treatment measures at an on -site location that otherwise would not require treatment,
or at an offsite location in the same watershed, in accordance with the MRP. The
applicant must request approval for use of alternate compliance prior to approval of a
tentative subdivision map, or if there is no subdivision map, prior to approval of a
building permit for the Regulated Project. In order to request the use of alternate
compliance, the applicant must identify the proposed project location, demonstrate to
the satisfaction of the authorized enforcement official that the site is appropriate for
use as an LID/GSI treatment location, and provide evidence that it has obtained the
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rights to use the project location, as necessary, and that the project will be constructed
within the time frames specified in the MRP.
6. Construction -phase LID/GSI requirements.
a. Bioretention Soil Media (BSM) certification. For LID/GSI incorporating
bioretention, certification of the Bioretention Soil Media (BSM), as set forth in the
C.3 Technical Guidance Manual, Appendix K,provided by the supplier.
b. GPS Coordinates. Prior to the city granting final certificate of occupancy or
acceptance of improvements, the applicant shall provide GPS coordinates for all
installed stormwater treatment facilities, hydromodification management
measures, and trash capture devices. The coordinates shall be in a format
determined in one of two formats:
i. GIS layer (shape file or feature class in a geodatabase): Minimally,
provide a GIS point layer of the facility inlet, and ideally provide a GIS
polygon layer of facility footprint. Layer(s) should contain the device
type, manufacturer, model, and date it was installed.
ii. Excel file (csv or text file) with the information noted above, in addition to
a coordinate location pair of Latitude/Longitude or X/Y Coordinates in
North American Datum (NAD) 1983 State Plane California III FIPS 0403
Feet, WKID: 2227, Authority: EPSG.
E. Hydromodification management measures.
1. Regulated Projects that are designated as Hydromodification Management projects
under the MRP shall demonstrate that the project will not cause an increase in
stormwater runoff flow rates, volume, or flow durations over the pre -project existing
condition based on the design criteria set forth in the MRP.
2. Hydromodification Management Projects shall implement on -site hydromodification
management controls unless a regional hydromodification management control is
available to control all or a portion of the project runoff or the project qualifies to use
an in -stream alternative hydromodification control measure to control all or a portion of
the project runoff.
F. Requirement for Stormwater Management Plan. A Stormwater Management Plan shall
consist of a preliminary plan to ensure adequate planning for the management of stormwater
runoff and quality control, and a final plan, as approved by a designee of the Public Works
Director or City Engineer. Both plans shall be in accordance with the criteria established in the
following provisions:
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1. A preliminary Stormwater Management Plan shall be submitted for review and
approval with all subdivision map, site plan, building permit, or improvement plan
applications.
2. The final Stormwater Management Plan must be submitted for review and approval by
the Public Works Director or City Engineer as part of the improvement plan review
process.
3. All Stormwater Management Plans shall be appropriately sealed and signed by a
professional engineer in adherence to all minimum standards and requirements
pertaining to the practice of that profession.
4. The stormwater treatment systems must be designed in accordance with the
requirements specified in the MRP and with the design guidelines detailed in the most
recent C.3 Technical Guidance Manual.
G. Maintenance access easements.
1. The Property Owner must ensure access from the public right-of-way to stormwater
treatment facilities, HM systems and full trash capture devices for the purpose of
inspection, maintenance, and repair by securing all the maintenance access
easements needed on a permanent basis. Such access shall be sufficient for all
necessary equipment for maintenance activities. The maintenance access easement
must be located such that the stormwater treatment systems are readily accessible for
inspection purposes during regular working hours.
H. LID/GSI requirements for projects improving street, sidewalk, or road frontage. Portions of
the public right of way that may generate runoff, including sidewalks, curb extensions,
pavement replacement, and curb and gutter replacement in the street frontage, that are
constructed or reconstructed as part of the Regulated Project are considered part of the
Regulated Project.
I. Additional measures. The provisions of this section shall not prohibit an authorized
enforcement official from requiring a discharger to take additional measures to achieve the
objectives of this chapter or any permit.
7.74.170 Reserved for potential future in -lieu fee.
7.74.180 Trash reduction requirements.
All development projects, including tenant improvement projects, shall conform to the MRP
Provision C.10 Trash Load Reduction requirements.
A. Full trash capture systems or devices and actions.
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1. All development projects are required to install on -site full trash capture systems or
devices selected from the list of full trash capture systems or multi -benefit trash
treatment systems certified by the State Water Board. Alternately, development
projects may install regional, off -site full trash capture devices if approved by the city.
2. Full trash capture systems or devices are required to remain in place throughout the
life of the development project to reduce trash loads from the MS4. Applicants for
development projects shall select, design, and construct full trash capture systems or
devices, as applicable, to the satisfaction of the city in accordance with the
requirements and guidelines set forth in the most current version of following
documents:
a. MRP
b. C.3 Technical Guidance Manual
The above referenced documents, as amended and reissued from time to time, are
incorporated by reference into this chapter. These documents shall be available at the city's or
Alameda Countywide Clean Water Program website.
B. If it is infeasible to install full trash captures systems or devices, trash control actions shall
be implemented that provide for an equivalent trash reduction.
1. The Applicant must demonstrate to the satisfaction of the city that the trash control
programs implemented in lieu of full trash capture devices or systems will provide an
equivalent level of trash load reduction. Applicants shall develop and submit a full
trash capture equivalency plan to the city for approval. The plan must include the
planned trash control actions, projected trash reductions of the actions,
implementation schedule, entities responsible for implementing the actions, and the
plan to inspect and verify the effectiveness of the actions.
C. Operation and maintenance. Installed full trash capture trash systems or devices shall be
operated and maintained by the Responsible Person for the life of the project, following the
manufacturer's recommendations for maintenance.
D. Additional measures. The provisions of this section shall not prohibit an authorized
enforcement official from requiring a discharger to take additional measures to achieve the
objectives of this chapter or any permit.
7.74.190 Stormwater Management Maintenance Agreements.
A. It is a violation of this code for any landowner to fail to properly operate and maintain any
approved full capture trash device, stormwater treatment facilities, hydromodification
management facilities and/or source control best management practices on the owner's
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property. Stormwater treatment systems which do not have a Stormwater Management
Maintenance Agreement must be maintained as required by the manufacturer's guidelines
and/or to ensure intended functioning of the system(s).
B. Prior to the issuance of any permit for land development activity, development projects
required to install full trash capture or LID/GSI systems shall develop and execute a
Stormwater Management Maintenance Agreement for the property. The Stormwater
Management Maintenance Agreement, also known as the Operation and Maintenance
Agreement, shall run with the land, and shall be recorded in the Office of the Alameda County
Clerk -Recorder. Provisions in the Stormwater Management Maintenance Agreement are fully
enforceable by law. Enforcement action, as detailed in Article IV, may be taken for failure to
meet any of the requirements of the Stormwater Management Maintenance Agreement.
C. The Stormwater Management Maintenance Agreement must be entered into between the
Property Owner and the city. Responsibility for the operation and maintenance of the
stormwater treatment systems shall remain with the Property Owner and shall pass to any
successor owner. If portions of the land are sold or otherwise transferred, legally binding
arrangements shall be made to pass the inspection and maintenance responsibility to the
appropriate successors in title, and notification of the successor must be provided to the city.
D. The Property Owner shall bear responsibility for major repair or replacement of any facilities
installed in the public Right -of -Way as a condition of project approval.
E. Maintenance of stormwater treatment systems shall be completed in accordance with the
Stormwater Management Maintenance Agreement. The Stormwater Management
Maintenance Agreement shall be irrevocable and shall obligate all current and future
landowners to bear all costs for the annual maintenance, replacement, and record keeping of
all stormwater treatment systems.
F. Site plans and operations and maintenance plans for recording shall show at a minimum:
1. Location of on -site stormwater treatment facilities, HM facilities, and full trash capture
systems.
2. Location of off-site/public stormwater treatment facilities, HM facilities, and full trash
capture systems.
3. A note to reference any stormwater treatment systems stating: "As part of the original
construction of the Development, stormwater treatment systems were installed within
the Development in connection with the Development's drainage system. Neither the
Association nor any Responsible Person or Owner shall do any work, construct any
improvement, place any landscaping, or otherwise perform any action whatsoever
which alters or interferes with the drainage pattern for any Lot or any portion of the
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Common Areas, except to the extent such alteration in drainage pattern is approved in
writing by the city of Dublin."
4. A note to reference the Stormwater Management Maintenance Agreement: "The on -
site stormwater treatment systems shall be inspected and maintained as detailed in
the Stormwater Management Maintenance Agreement."
5. The extent of watercourse buffer, if any, on the subject property by the parcel's
boundary landmarks and a label of the watercourse buffer.
6. Provide a note to reference any watercourse buffer stating: "There shall be no
clearing, grading, construction or disturbance of vegetation except as permitted by the
city of Dublin."
7. A note to reference any protective covenants governing all watercourse buffer areas
stating: "Any watercourse buffer shown hereon is subject to protective covenants
which may be found in the land records and which restrict disturbance and use of
these areas."
G. Annual Report. A report of the annual inspection and maintenance activities completed on
the stormwater treatment systems shall be submitted to the city by December 30 each year.
The annual inspection report shall include all completed inspection and maintenance forms for
the reporting period. The annual inspection shall also include a record of the volume of all
accumulated sediment and trash removed from the stormwater treatment systems.
H. Transfer of Property. When a property subject to a Stormwater Management Maintenance
Agreement is sold, conveyed, or otherwise transferred to another entity, the Property Owner
shall provide written notice of said document to the transferee and provide the city a copy of
such notice.
I. Inspection of systems. The authorized enforcement official shall have the authority to inspect
stormwater treatment facilities, HM facilities, full trash capture devices and/or source control
BMPs pursuant to Article IV.
J. Inadequacy of the system.
1. If a stormwater treatment facility, HM facility, source control BMP, or full trash capture
device is found to be inadequate by virtue of physical evidence of operational failure,
even though it was built as called for in the approved stormwater management plan, it
shall be corrected by the Responsible Person before the development project is
finalized and accepted. If the Responsible Person fails to act, the city may use the
performance bond to complete the work.
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2. If a stormwater treatment, HM system, or trash capture device or system is found to be
inadequate by virtue of physical evidence of operational failure at any point during its
operating life, it shall be corrected by the Responsible Person. If the Responsible
Person fails to act, the city may pursue corrective actions or enforcement pursuant to
Article IV.
Article IV. Inspection and Enforcement
7.74.200 Authority to inspect and sample.
A. General procedures.
1. The authorized enforcement official has authority to conduct inspections related to
purposes of implementing this chapter on private or public property. Inspections shall
be based upon such reasonable selection processes as may be deemed necessary to
carry out the objectives of the chapter, including, but not limited to, visual evidence of
an actual or potential violation of any provision of this chapter, complaints received,
knowledge or physical evidence of subject activities or other pollutant sources and
waste discharges, routine inspections, random sampling, sampling in areas with
evidence of stormwater pollution, contamination, illicit connections, discharge of non-
stormwater.
2. The authorized enforcement official may enter such building or premises at all
reasonable times to inspect the same, to inspect and copy records related to
stormwater compliance, take measurements, or perform any duty imposed upon the
official by this chapter; provided that:
a. If such building or premises is occupied, the authorized enforcement official shall
first present proper credentials and request entry; and
b. If such building or premises is unoccupied, the authorized enforcement official
shall first make a reasonable effort to locate the owner or other Responsible
Person having charge or control of the building or premises and request entry.
3. Any such request for entry shall state that the property owner or Responsible Person
has the right to refuse entry and that, in the event such entry is refused, inspection
may be made only upon issuance of a search warrant by a duly authorized magistrate.
In the event the owner or Responsible Person refuses entry after such request has
been made, or in the event that the owner or Responsible Person for the building or
premises cannot be located, an inspection/abatement warrant authorizing entry shall
be obtained prior to the city's entry onto the building or premises. The official is hereby
empowered to seek assistance from any court of competent jurisdiction in obtaining
such warrant authorizing entry.
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4. Routine or area inspections shall be based upon such reasonable selection processes
as may be deemed necessary to carry out the objectives of this chapter, including but
not limited to random sampling and/or sampling in areas with evidence of stormwater
contamination, illicit discharges, discharge of non-stormwater to the stormwater
system, or similar factors.
5. Inspections deemed necessary to carry out the objectives of this chapter shall be
subject to an inspection fee, consistent with the city's current Fee Schedule for these
specific activities.
B. Authority to Sample and Establish Sampling Devices. The city shall have the right to
establish on any property such devices as are necessary to conduct sampling or metering
operations. During all inspections as provided herein, the authorized enforcement official may
take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of
the activities on -site.
C. Notification of Spills. As soon as any Person in charge of a facility or responsible for
emergency response for a facility has knowledge of any confirmed or unconfirmed release of
materials, pollutants or wastes which may result in pollutants or non-stormwater discharges
entering the MS4, such Person shall take all necessary steps to ensure the discovery and
containment and cleanup of such release, and shall notify the city of the occurrence by
contacting the City Public Works Department at (925) 833-6630 during regular working hours
and confirming the notification by correspondence to the same. After regular working hours,
provide notification of spills by contacting the City of Dublin Fire Department Dispatch at 925-
447-4257.
D. Follow -Up Action. In accordance with Section 9 and Section 13, and following city
inspection, the city may require that any Person in charge of a facility or responsible for
emergency response for a facility that has knowledge of any confirmed or unconfirmed release
of materials, pollutants or waste which may result in pollutants or non-stormwater discharges
entering the MS4, take appropriate action to prevent discharge of pollutants or wastes,
including, but not limited to, implementation of appropriate BMPs, as described in Section
7.74.140, and/or installation of full trash capture systems or devices.
E. Requirement to Test or Monitor. An authorized enforcement official may request that any
Person engaged in any activity and/or owning or operating any facility which may cause or
contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-
stormwater to the stormwater system, undertake such monitoring activities and/or analyses
and furnish such reports as the official may specify. The burden, including costs of these
activities shall be borne by the Person. The requested analyses and reports shall bear a
reasonable relationship to the need for the monitoring, analyses and reports and the benefits
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to be obtained. The recipient of such request shall undertake and provide the monitoring,
analyses and/or reports requested.
7.74.210 Violations constituting misdemeanors or infractions.
Unless otherwise specified by ordinance, the violation of any provision of this chapter, or
failure to comply with any of the mandatory requirements of this chapter, shall constitute a
misdemeanor; except that, notwithstanding any other provisions of this chapter, any such
violation constituting a misdemeanor under this chapter may, in the discretion of the city, be
charged and prosecuted as an infraction.
7.74.220 Penalty for violation.
A. Upon conviction of a misdemeanor, a Person shall be subject to payment of a fine, or
imprisonment, or both, not to exceed the limits set forth in California Government Code Section
36901.
B. Upon conviction of an infraction, a Person shall be subject to payment of a fine, not to
exceed the limits set forth in California Government Code Section 36900. After a third
infraction conviction for a violation of the same provision within a twelve (12) month period,
subsequent violations of that same provision within a twelve (12) month period may be
charged as a misdemeanor.
7.74.230 Continuing violation.
Unless otherwise provided, a Person shall be deemed guilty of a separate offense for each
and every day during any portion of which a violation of this chapter is committed, continued or
permitted by the Person, shall be punishable accordingly as herein provided.
7.74.240 Concealment.
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter
shall constitute a violation of such provision.
7.74.250 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter -
Cologne Act.
Any Person who violates any provision of this chapter, any provision of any permit issued
pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or
who violates any cease and desist order, prohibition, or effluent limitation, may also be in
violation of the Federal Clean Water Act and/or Porter -Cologne Act and may be subject to the
sanctions of those Acts, including civil and criminal penalty. Any enforcement action authorized
under this code may also include notice to the violator of such potential liability.
7.74.260 Violations deemed a public nuisance.
A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist
in violation of any of the provisions of this chapter is a threat to the public health, safety, and
welfare, and is declared and deemed a public nuisance. Such condition may be summarily
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abated and/or restored by any authorized enforcement official pursuant to Chapter 5.64 of the
Dublin Municipal Code, and/or civil action to abate, enjoin or otherwise compel the cessation of
such nuisance may be taken by the City Attorney.
B. The cost of such abatement and restoration shall be borne by the Responsible Person for
the property, and the cost thereof shall be a lien upon and against the property. The
procedures of Article IV, Chapter 5.64 of the Dublin Municipal Code shall be followed for any
such lien.
C. If violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council
shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year
without the necessity of any further hearing.
7.74.270 California Code of Civil Procedure Section 1094.6.
The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to
judicial review of city decisions pursuant to this chapter.
7.74.280 Civil actions.
In addition to any other remedies provided in this chapter, any violation of this chapter may be
enforced by civil action brought by the city. In any such action, the city may seek, and the court
shall grant, as appropriate, any or all of the following remedies:
A. A temporary and/or permanent injunction;
B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey
that led to the establishment of the violation, and for the reasonable costs of preparing and
bringing legal action under this subsection;
C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the
violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic
life. Assessments under this subsection shall be paid to the city to be used exclusively for
costs associated with monitoring and establishing stormwater discharge pollution control
systems and/or implementing or enforcing the provisions of this chapter.
7.74.290 Administrative enforcement powers.
In addition to the other enforcement powers and remedies established by this chapter, an
authorized enforcement official has the authority to utilize the applicable administrative
remedies set forth in Dublin Municipal Code, Chapter 1.06 Administrative Citations, in addition
to any or all of the following that apply:
A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge
has taken place or is likely to take place in violation of this chapter, the official may issue an
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order to cease and desist such discharge, or practice, or operation likely to cause such
discharge and direct that those Persons not complying shall: (1) comply with the requirement,
(2) comply with a time schedule for compliance, and/or (3) take appropriate remedial or
preventive action to prevent the violation from recurring.
B. Notice to Clean and Abate. Whenever an authorized enforcement official finds any oil, earth,
dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste, or any other material of any kind,
in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or
grounds, which may result in an increase in pollutants or wastes entering the MS4 or a non-
stormwater discharge to the MS4, the official may give notice to the Responsible Person
and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, cans,
rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide.
The recipient of such notice shall undertake the activities as described in the notice.
C. Verbal Warning or Written Warning. When an authorized enforcement official finds that a
Discharger has violated, or continues to violate, any provision of this chapter, or order issued
hereunder, or any other stormwater standards or requirement, the authorized enforcement
official may serve upon that Discharger a verbal or written warning notice or notice of violation.
The notice includes required corrective actions to occur within a reasonably short and
expedient time frame commensurate with the threat to water quality.
D. Stop Work Order. Whenever an authorized enforcement official finds that a Discharger has
performed work contrary to the provisions of this section, the authorized enforcement official
may order the work stopped by notice in writing served on any Persons engaged in doing or
causing the work to be done. Such work shall stop until the authorized enforcement official
authorizes the work to proceed.
E. Withholding plan approvals or permits. Whenever an authorized enforcement official finds
that a Discharger has performed work contrary to the provisions of this section the city may
withhold the issuance of approvals or permits for ongoing or continued work at the property.
Such actions by the city may include, but are not limited withholding final certificate of
occupancy or acceptance of improvements until the violation has been corrected
7.74.300 Authority to issue citations or arrest.
A. Authorized enforcement officials may issue a citation for an infraction and notice to appear
in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same
may hereafter be amended. It is the intent of the City Council that the immunities prescribed in
Section 836.5 of the Penal Code be applicable to public officers or employees or employees
acting in the course and scope of employment pursuant to this chapter.
B. Police officers, but not authorized enforcement officials, shall have and are hereby vested
with the authority to arrest or cite any Person who violates any section of this chapter in the
manner provided by the California Penal Code for the arrest or release on citation of
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misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal
Code, or as the same may be hereinafter amended.
7.74.310 Remedies not exclusive.
Remedies under this article are in addition to and do not supersede or limit any and all other
remedies, civil or criminal. The remedies provided for herein shall be cumulative and not
exclusive.
Article V. Coordination with Other Programs
7.74.320 Coordination with Hazardous Materials Inventory and Response Program.
The first revision of the business plan for any facility subject to the city's Hazardous Materials
Inventory and Response Program shall include a program for compliance with this chapter,
including the prohibitions on non-stormwater discharges and illicit discharges, and the
requirement to reduce the discharge of pollutants or wastes to the maximum extent
practicable.
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Attachment 3
ORDINANCE NO. XX — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER 7.29 (MANAGEMENT OF PCBs DURING
BUILDING DEMOLITION PROJECTS)
WHEREAS, City Staff identified updates to the City of Dublin Municipal Code, Chapter 7.29
Management of PCBs During Building Demolition Projects ("Chapter 7.29") that reflect new
regulatory requirements and would reduce stormwater pollution; and
WHEREAS, building demolition is a significant source of polychlorinated biphenyls
("PCBs"), a toxic and pervasive chemical, in urban stormwater and stormwater is the largest
identified source of PCBs flowing into the San Francisco Bay; and
WHEREAS, the Municipal Regional Stormwater National Pollution Discharge Elimination
System Permit ("MRP"), of which the City of Dublin is a co-permittee, requires permittees to
manage PCBs -containing materials during building demolition; and
WHEREAS, the Bay Area Stormwater Management Agencies Association developed a
model ordinance ("Model Ordinance") to assist permittees in managing PCBs during building
demolition and to effectuate a significant PCB load reduction; and
WHEREAS, the Model Ordinance targets priority building materials including caulking,
thermal/fiberglass insulation, adhesive/mastic, and rubber window gaskets, that may contain
relatively high levels of PCBs, especially in buildings constructed between 1950 and 1980; and
WHEREAS, the City of Dublin desires to amend Chapter 7.29 to meet new requirements
in the MRP and to reduce PCBs in stormwater runoff originating in the City of Dublin.
NOW, THEREFORE, The City Council of the City of Dublin does ordain the changes
attached hereto as Exhibit A.
Section 1. Recitals. The above recitals are incorporated as though set forth in this
section.
Section 2. Amendment. Chapter 7.29 is hereby amended as set forth in Exhibit A
incorporated herein.
Section 3. Severability. If any section, subsection, provision, or part of this Ordinance,
or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid,
the remainder of this Ordinance, and the application of such provision to other person or
circumstances, shall not be affected thereby and shall remain in full force and effect and, to that
end, the provisions of this Ordinance are severable.
Section 4. CEQA. This Ordinance is exempt from the provisions of Chapter 3
(commencing with Section 21100) of Division 13 of the Public Resources Code pursuant to CEQA
Guidelines Section 15308 as an action that assures the maintenance, restoration, enhancement
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 37
or protection of the environment where the regulatory process involves procedures for protection
of the environment.
Section 5. Effective Date. This Ordinance shall take effect and be enforced 30 days
following its final adoption.
Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 38
Dublin Municipal Code
Chapter 7.29 MANAGEMENT OF PCBs DURING
BUILDING DEMOLITION PROJECTS
Sections:
Attachment 4
Exhibit A to the Ordinance
Chapter 7.29
Management of PCBs During Building Demolition Projects
Section 7.29.010. Purpose.
Section 7.29.020. Definitions.
Section 7.29.030. Applicability.
Section 7.29.040. Exemptions.
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment.
Section 7.29.060. Agency notification, abatement, and disposal for identified PCBs.
Section 7.29.070. Compliance with California and federal PCBs laws and regulations.
Section 7.29.080. Information submission and applicant certification.
Section 7.29.090. Recordkeeping.
Section 7.29.100. Obligation to notify city of Dublin of changes.
Section 7.29.110. Liability.
Section 7.29.120. Enforcement.
Section 7.29.130. Fees.
Section 7.29.140. City projects.
7.29.010. Purpose.
A. The provisions of this chapter shall be construed to accomplish the following purposes:
1. Require building demolition permit applicants (applicants) to conduct a PCBs in priority
building materials screening assessment and submit information documenting the
results of the screening. Such documentation to include: (a) the results of a
determination whether the building proposed for demolition is high priority for PCBs -
containing building materials based on the structure age, use, and construction; (b) the
concentration of PCBs in each priority building material present; (c) for each priority
building material present with a PCBs concentration equal to or greater than fifty (50)
ppm, the approximate amount (linear feet or square feet) of that material in the building;
and (d) provide evidence to the city of Dublin that PCBs in demolished buildings are
properly managed to minimize transport to the municipal separate storm sewer system
by obtaining and providing to the city official documentation of said disposal.
2. Inform applicants with PCBs present in one (1) or more of the priority building materials
(based on the above screening assessment) that they must comply with all related
applicable federal and state laws. This may include reporting to the U.S. Environmental
Protection Agency (EPA), the San Francisco Bay Regional Water Quality Control Board
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(Regional Water Board), and/or the California Department of Toxic Substances Control
(DTSC). Additional sampling for and abatement of PCBs may be required.
3. Meet the requirements of the Federal Clean Water Act, the California Porter -Cologne
Water Quality Control Act, and the Municipal Regional Stormwater National Pollutant
Discharge Elimination System (NPDES) Permit Order No. R2 2015 00492022-0018
(MRP), and any and all subsequent amendments, reissuances, or successor to this
NPDES permit.
B. The requirements of this chapter do not replace or supplant the requirements of California
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.
7.29.020. Definitions.
In addition to the general definitions applicable to this code, whenever used in this chapter, the
following terms shall have the meanings set forth below:
A. "Applicable structure" means buildings constructed or remodeled from January 1, 1950, to
December 31, 1980. Remodeling, partial building, wood framed structure, and single-family
residence demolition projects are exempt.
B. "Applicant" means a person applying for a building demolition permit as required by Chapter
7.28.
C. "Appropriate authority" means the building official or designee of the city of Dublin.
D. "Building" means a structure with a roof and walls standing more or less permanently in one
(1) place. Buildings are intended for human habitation or occupancy.
E. "Demolition" means the wrecking, razing, or tearing down of any structure. This definition is
intended to be consistent with the demolition activities undertaken by contractors with a C-21
building moving/demolition contractor's license.
F. "DTSC" means the state of California Department of Toxic Substances Control.
G. "EPA" means the United States Environmental Protection Agency.
H. "PCBs" means polychlorinated biphenyls.
I. "PCBs in priority building materials screening assessment" means the two-step process used
to: (1) determine whether the building proposed for demolition is high priority for PCBs -
containing building materials based on the structure age, use, and construction; and if so, (2)
determine the concentrations (if any) of PCBs in priority building materials revealed through
existing information or representative sampling and chemical analysis of the priority building
materials in the building. Directions for this process are provided in the priority building
materials screening assessment applicant package.
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J. "Priority building materials" means the following:
1. Caulking, e.g., around windows and doors, at structure/walkway interfaces, and in
expansion joints;
2. Thermal/fiberglass insulation, e.g., around HVAC systems, around heaters, around
boilers, around heated transfer piping, and inside walls or crawlspaces;
3. Adhesive/mastic, e.g., below carpet and floor tiles, under roofing materials, and under
flashing; and
4. Rubber window gaskets, e.g., used in lieu of caulking to seal around windows in steel -
framed buildings.
K. "Priority building materials screening assessment applicant package" (applicant package)
means a document package that includes an overview of the screening process, applicant
instructions, a process flow chart, a screening assessment form, and the Protocol for
Evaluating Priority PCBs -Containing Materials before Building Demolition (BASMAA 2018,
prepared for the Bay Area Stormwater Management Agencies Association, August 2018, and
any subsequent revisions thereof intended to address requirements in successor NPDES
permits).
L. "Regional Water Board" means the California Regional Water Quality Control Board, San
Francisco Bay Region.
M. "Remodel" means to make significant finish and/or structural changes that increase utility
and appeal through complete replacement and/or expansion. A removed area reflects
fundamental changes that include multiple alterations. These alterations may include some or
all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom tile);
relocation of plumbing/gas fixtures/appliances; or significant structural alterations (relocating
walls, and/or the addition of square footage).
7.29.030. Applicability.
This chapter applies to applicants for buildings constructed or remodeled from January 1,
1950, to December 31, 1980
7.29.040. Exemptions.
Applications for remodeling, partial building wood framed structure, and single-family residence
demolition projects are exempt.
7.29.050. PCBs in Priority Building Materials Screening Assessment.
Every applicant for a building demolition permit shall conduct a PCBs in priority building
materials screening assessment, as followswhich is a two (2) step process:
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A. Determine whether the building proposed for demolition is high priority for PCBs -
containing materials based on the structure age, use, and construction (i.e., whether the
building is an applicable structure); and if so,
B. Demonstrate the presence or absence and concentration of PCBs in priority building
materials through existing information or representative sampling and chemical analysis
of the priority building materials in the buildings. -and,
C. Document that priority building materials with PCBs concentrations equal to or greater
than 50 ppm in demolished applicable structures are disposed of appropriately and
according to state and federal regulations; and
D. Document that enhanced construction site best management practices during the
demolition process to minimize migration of PCBs into the municipal separate storm
sewer system shall be implemented by the applicant. Enhanced construction site best
management practices include the following:
1. Inspect demolition projects during the dry season (May 1 through September 30 of
a given year);
2. Conduct additional wet season inspections, as necessary (beyond the once per
month minimum required by the MRP);
3. Perform street sweeping daily throughout demolition and construction activities; and
4. Cover demolition debris with an impermeable liner until debris is removed from the
project site.
Applicants shall follow the directions provided in the PCBs in priority building materials
screening assessment applicant package (applicant package), which includes an overview of
the process, applicant instructions, a process flow chart, a screening assessment form, and
the Protocol for Assessing Priority PCBs -Containing Materials before Building Demolition. Per
the applicant package, for certain types of buildings built within a specified date range, the
applicant must conduct further assessment to determine whether or not PCBs are present at
concentrations greater than or equal to fifty (50) parts -per million. This determination is made
via existing data on specific product formulations (if available), or, more likely, via conducting
representative sampling of the priority building materials and analyzing the samples for PCBs
at a certified analytical laboratory. Any representative sampling and analysis must be
conducted in accordance with the Protocol for Assessing Priority PCBs -Containing Materials
before Building Demolition. The applicant package provides additional details.
7.29.060. Agency notification, abatement, and disposal for identified PCBs.
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When the PCBs in priority building materials screening assessment identifies one or more
priority building materials with PCBs, the applicant must comply with all related applicable
federal and state laws, including potential notification of the appropriate regulatory agencies,
including the EPA, the Regional Water Board, and/or the DTSC. Agency contacts are provided
in the applicant package. Additional sampling for and abatement of PCBs may be required.
Depending on the approach for sampling and removing building materials containing PCBs,
the applicant may need to notify or seek advance approval from the EPA before building
demolition. Even in circumstances where advance notification to or approval from the EPA is
not required before the demolition activity, the disposal of PCBs waste is regulated under Toxic
Substances Control Act. Additionally, the disposal of PCBs waste is subject to California Code
of Regulations (CCR) Title 22 Section 66262. Official documentation shall be provided to the
city of Dublin demonstrating proper disposal of PCBs containing building materials.
7.29.070. Compliance with California and federal PCBs laws and regulations.
Applicants must comply with all federal and California 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.
7.29.080. Information submission and applicant certification.
A. The applicant shall conduct a PCBs in priority building materials screening assessment and
submit the associated information and results as part of the building demolition permit
application, including the following:
1. Owner and project information, including location, year building was built, description of
building construction type, and anticipated demolition date.
2. Determination of whether the building proposed for demolition is high priority for PCBs -
containing building materials based on the structure age, use, and construction.
3. If high priority for PCBs -containing building materials based on the structure age, use,
and construction, the concentration of PCBs in each priority building material present. If
PCBs concentrations are determined via representative sampling and analysis, include a
contractor's report documenting the assessment which includes the completed quality
assurance/quality control checklist from the Protocol for Assessing Priority PCBs -
Containing Materials before Building Demolition and the analytical laboratory reports.
4. For each priority building material present with a PCBs concentration equal to or greater
than fifty (50) parts -per million, the approximate amount (linear feet or square feet) of that
material in the building.
B. Applicant's certification of the accuracy of the information submitted. The appropriate
authority may specify a format or guidance for the submission of the information.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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Dublin Municipal Code
Chapter 7.29 MANAGEMENT OF PCBs DURING
BUILDING DEMOLITION PROJECTS
7.29.090. Recordkeeping.
Those applicants conducting a building demolition project must maintain documentation of the
results of the PCBs in priority building materials screening assessment for a minimum of five
(5) years after submittal.
7.29.100. Obligation to notify city of Dublin of changes.
The applicant shall submit written notifications documenting any changes in the information
submitted in compliance with this chapter.
The applicant shall submit the revised information to the appropriate authority when changes in
project conditions affect the information submitted with the permit application.
7.29.110. Liability.
The applicant is responsible for safely and legally complying with the requirements of this
chapter. Neither the issuance of a permit under the requirements of Chapter 7.28, nor the
compliance with the requirements of this chapter or with any condition imposed by the issuing
authority, 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 of
Dublin for damages to persons or property.
7.29.120. Enforcement.
Failure to submit the information required in this chapter or submittal of false information will
result in enforcement under Section 1.04.030.
7.29.130. Fees.
In addition to the fees required under Chapter 7.28, all applicants subject to this chapter shall
deposit funds with the city of Dublin, and pay a fee based upon the fee schedule in effect at the
time of the issuance of the demolition permit.
7.29.140. City Projects.
City of Dublin departments shall comply with all the requirements of this chapter except they
shall not be required to obtain permits and approvals under this chapter for work performed
within city of Dublin -owned properties and areas, such as rights -of -way.
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.
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