Agenda packet — Palo Alto City Council, September 29, 2025 (part 2 of 3)

EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT D: INSURANCE REQUIREMENTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT No. C26195459

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

City Manager

APPROVED AS TO FORM:

City Attorney or designee

PROJECT SAFETY NET INC.

Officer 1

By:

Name:

Title:

Officer 2

By:

Name:

Title:

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Peter Stone
Peying Lee
Director of Community Partnerships
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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “ SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualific ations, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.

1. Introduction
From June 2020 to July 2025, Project Safety Net (PSN) provided services to the City of Palo Alto by planning community meetings, coordinating mental health and suicide prevention training for teens and adults, and provided communications support during postvention after youth suicide.

2. Scope of Work

1. Collaboration Convenings: Facilitating Collaboration and Coordination to align around youth mental health promotion and suicide prevention A. Organize and facilitate collaboration convenings with the City’s designated representatives, PSN coalition members, and youth and adult community members to identify opportunities to collaborate, complement, or amplify each other’s work related to youth mental health promotion and suicide prevention in the City of Palo Alto. Topics include but are not limited to recommending funding opportunities for youth mental health; understanding opportunities to advance means restriction policies; and identifying challenges and opportunities related to outreach, services, resources, and education.

B. Serve as primary liaison to designated representatives from the City of Palo Alto, Palo Alto Unified School District, and service providers for collaboration convenings.
o Designated Representatives from the City of Palo Alto include, but are not limited to: Community Services Department, Library, Police Department, Office of Emergency Services, City consultants.
o Designated Representatives from PSN’s coalition and local service providers include, but are not limited to: Adolescent Counseling Services, allcove Palo Alto, Children’s Health Council, Kara, Youth Community Service.
o Designated Representatives from the community of Palo Alto include but are not limited to: Palo Alto Youth Council, Teen Advisory Board, Teen Library Advisory Board, PTA Council.

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2. Crisis Communications Support and Collaboration To Enhance Youth Suicide Postvention Protocols
A. Continue to improve the youth suicide prevention protocols with feedback from the City, partners, and JED Foundation.

B. Provide crisis communications support and guidance to help timely and effective dissemination of information to the community during a postvention response to youth suicide death in the City of Palo Alto.

3. Community Engagement and Education
A. Organize community meetings to involve teens, parents, community organizations, experts, and members of the broader community and provide space to network, build skills, and share information and resources related to youth mental health promotion and suicide prevention topics.

B. Work with City of Palo Alto’s designated representatives, consultants and contractors to implement community outreach, engagement, and education as it relates to youth mental health promotion and suicide prevention.

Deliverables:

1. Collaboration Convenings: Up to two meetings on Youth Mental Health Promotion and Suicide Prevention. A summary report shall be prepared in the form agreed upon by the City and Project Safety Net.

2. Crisis Communications Support and Collaboration: Participation in discussion with the City, partners, and the JED Foundation related to suicide prevention and Postvention Protocols.

3. Community meetings: Up to four meetings.

4. Annual Activities Report: Activities related to this Scope of Services shall be completed and submitted to the City on October 15, 2026. A summary report shall be prepared in the form agreed upon by the City and Project Safety Net.

4. Time Schedule
• The time schedule of activities will be determined and revised by the City and Project Safety Net.
• Services shall commence on October 1, 2025 through September 30, 2026.

Task      Timeframe
Collaboration convening (2)    TBD
Crisis Communication Support
and Collaboration
TBD
Community meetings (4)    TBD
Annual Report on Activities       October 15, 2026

5. Requirements
• The City of Palo Alto requires mention of its name in all materials that acknowledge donors in any public announcements or publicity regarding funded programs. • The City of Palo Alto will provide suitable meeting spaces and necessary services to maintain the spaces, including janitorial services, maintenance, utilities, and technology support.
• Project Safety Net shall comply with the Americans with Disabilities Act (ADA) Of 1990.

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EXHIBIT B

SCHEDULE OF PERFORMANCE

CONSULTANT shall perform the Services within the terms of this Agreement and as detailed in Exhibit A. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

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EXHIBIT C

COMPENSATION

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this /these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

BUDGET SCHEDULE

TASK NOT TO EXCEED AMOUNT
Fiscal Year 1 (through August 31, 2026)

$100,000
Sub-total for Services $100,000
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses $100,000
Additional Services (if any, per Section 4) $0
Maximum Total Compensation $100,000

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

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EXHIBIT D

INSURANCE REQUIREMENTS

CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

STATUTORY STATUTORY STATUTORY
YES

GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD FORM

PROPERTY DAMAGE BLANKET

CONTRACTUAL, AND FIRE LEGAL

LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000

$1,000,000

YES

AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000

$1,000,000

YES

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT

PERFORMANCE
ALL DAMAGES $1,000,000
YES

THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST

AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM

OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY

CONSULTANT
AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.

II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]

III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,

INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR

CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

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B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER

THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE

INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: [email protected]

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Certificate Of Completion
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: September 29, 2025
Report #:2509-5182
TITLE
Authorization to Execute Amendment to Legal Services Contract S24190674 with Jeffrey Oneal dba Rankin Oneal to Increase Amount by $85,000 for Total Not-to-Exceed Amount of $170,000; CEQA Status – Not a Project.

RECOMMENDATION
Authorize the City Attorney or designee to amend the contract for litigation defense services with the law firm of Jeffrey Oneal dba Rankin Oneal (Contract S24190674) to increase the contract amount by $85,000 for a total not-to-exceed amount of $170,000.

BACKGROUND
In April 2023, the City entered into a three-year agreement (S24190674) in the amount of $85,000 with Jeffrey Oneal dba Rankin Oneal for defense services in the case of McGavock v.

City of Palo Alto, et al. Santa Clara County Case No. 23-CV-413813. Staff now seeks authority to increase the contract amount by $85,000 which will bring the new not to exceed amount to $170,000. This matter is scheduled for jury trial in October. The amendment is expected to fund legal services through trial.

FISCAL/RESOURCE IMPACT
Funding for this amendment does not require additional budgetary authority as it can be accommodated within existing funding allocated to the City Attorney’s Office as part of the FY 2026 Adopted Operating Budget.

STAKEHOLDER ENGAGEMENT
The City Attorneys Office works closely with the City Manager and department personnel on dispute resolution and defense.

ENVIRONMENTAL REVIEW
Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines Item 11
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15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment).

APPROVED BY:

Molly Stump, City Attorney
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: September 29, 2025
Report #:2509-5211
TITLE
The City Schools Liaison Committee Recommends Approval of Professional Services Contract Number C26195844 with the JED Foundation for a Not-to-Exceed Amount of $149,000 for Technical Assistance, Evaluation, and Support Regarding Youth and Young Adult Mental Health Programs for a Period of Two Years; CEQA Status - Not a Project

RECOMMENDATION
The City Schools Liaison Committee recommends that the City Council approve and authorize the City Manager or their designee to execute the contract No. C26195844 with the JED Foundation to provide technical assistance, evaluation, and support regarding youth and young adult mental health programs for a term of two (2) years and a total not to exceed of $149,000.

BACKGROUND
The Jed Foundation (JED) is a nonprofit devoted to emotional health and suicide prevention for teens and young adults nationwide.

At the April 1, 2025 City Schools Liaison Committee, the Committee discussed a possible partnership with the JED Foundation. The Committee approved the following:

Refer the JED Foundation proposal and further refine the scope with stakeholders to the City Council for Council discussion and potential direction and for continued collaboration with the School District.

During the FY 2026 City budget discussions, the City Council expressed support for moving forward with an agreement with JED.

ANALYSIS
Since budget adoption, City staff and the City Council members of the City Schools Liaison Committee further refined the scope with the JED Foundation, resulting in the scope of services provided in Attachment A. A complete recommended agreement will be attached to this report Item 12
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on September 25. The agreement refers to the Palo Alto Unified School District (PAUSD) for specific needs, which have been coordinated with PAUSD. The City Schools Liaison Committee reviewed and discussed the draft scope at the September 11 Committee meeting1. The Committee passed the following two (2) motions:

A: To recommend the JED proposal to the City Council for approval.

And (B) To refer to the [PAUSD] School Board the consideration of

1. Potential partnership between the JED foundation (and/or other third-party mental health consultants) and the school district;

2. Continued collaboration between the City and the school district, beyond the components currently in the JED proposal
Procurement Process
The JED Foundation has done work on this topic nationally and has a niche experience that can benefit Palo Alto and the services we are providing the community. There are other service providers with similar services but given City Council direction, timing, and expertise, an exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager. The contract amount is $149,000 over a 24-month term.

The tasks outlined in the contract include:
- Task 1: Provide Postvention Support - $31,350
oOpportunities for grief processing and community healing oGap Analysis and Postvention Guide
oCommunity-wide safe messaging
- Task 2: Strengthen Prevention Efforts - $33,100
oData analysis
oCommunication
oGap Analysis
oGuidance and education on lethal means reduction
oPolicy review/ development
- Task 3: Facilitate Youth Engagement - $21,300
oYouth focus group
oHigh School survey (public and private)
oPeer Task Force
oRoadmap of potential future activities
- Task 4: Advise on Palo Alto’s Citywide Campaign / Communications - $30,850 oEvaluate existing tools
1 September 11, 2025 City Schools Liaison Committee meeting, Item E:
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oPotential survey on youth access
oCurate a list of resources and tools
oAdvise on resources webpage
- Task 5: Trainings to Build Knowledge and Skills - $23,400 oProvide 6 workshops/ trainings for youth, educators, parents, staff The JED Foundation will work collaboratively with Project Safety Net (PSN) as well as PAUSD.

The specific actions related to PAUSD include:
•That PAUSD will be asked provide local schools' data related to mental health •As appropriate, PAUSD will be asked to share progress updates with PAUSD families •PAUSD review of JED high school survey tool and, if concurred by PAUSD, then PAUSD assistance in sharing the survey with PAUSD youth

FISCAL/RESOURCE IMPACT
The total not-to-exceed amount for this contract is $149,000, which includes $140,000 for services and $9,000 for travel for up to six (6) visits. This contract funding will be split over two (2) fiscal years (FY) with $79,000 of the services provided in FY 2026 and $70,000 in FY 2027.

The FY 2026 Adopted Budget includes the first-year contract costs in the General Fund Community Services Department budget for youth mental health. Funding in FY 2027 is subject to City Council approval as part of the annual budget process.

STAKEHOLDER ENGAGEMENT
Staff received feedback on this proposal at both City School Liaison Committee meetings as well as feedback from the City Council members of the City Schools Liaison Committee between the two meetings (per the Committee recommendation).

ENVIRONMENTAL REVIEW
Approval of this contract is not a project under CEQA regulation 15061(b)(3).

ATTACHMENTS
Attachment A: DRAFT Scope of Work with JED Foundation (As shared with City Schools Liaison Committee; full contract will be late packet)
APPROVED BY:

Ed Shikada, City Manager
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DRAFT Scope of Work for Contract with JED Foundation
As of Sept. 4, 2025

The JED Foundation (CONSULTANT) will provide strategic planning, technical assistance (TA), prevention and postvention consultation to the City of Palo Alto. CONSULTANT will provide the services described in this scope of work in a 18-24 month time period for a Not to Exceed amount of $149,000 which includes $140,000 for services and $9,000 as a not to exceed for eligible reimbursable travel expenses. This contract can be amended in the future to add additional scope of a Phase 2 upon mutual agreement of the parties and identified funding.

CONSULTANT will provide the following services in partnership with the CITY’s Project Manager.

Task 1: Provide Postvention Support
CONSULTANT will provide the following deliverables for postvention services:

1. Meetings, Interviews, Focus Groups: CONSULTANT will directly facilitate and coordinate among local providers opportunities for postvention grief processing and community healing in the wake of recent losses and historic suicide cluster events. Consultant will engage Project Safety Net (PSN) for historical knowledge, insight and experience.

2. Gap Analysis Write Up and Postvention Guide: CONSULTANT will conduct a gap analysis of the current systems of postvention support, followed by the creation of a co-designed and customized postvention guide to improve responses to loss by suicide (and other unexpected loss) and reduce the likelihood that other individuals will die by suicide following a loss. CITY will review a draft of the report and guide and provide comments before the report and guide are finalized.

3. Messaging Write Ups: CONSULTANT will assist with community-wide safe messaging (including news shared in local newspapers, community groups and memorials in the community) to reduce the likelihood that other individuals will die by suicide following a loss.

Task 2: Strengthen Prevention Efforts
CONSULTANT will provide the following deliverables for prevention services:

1. Data Analysis: CONSULTANT will provide data analysis with at least the following data:
a. Regional: local data will be compiled to identify the leading methods of suicide in the region and potential “hotspots” in an effort to create multipronged approaches to reducing access to lethal means.
b. Local Schools Data: In partnership with the CITY, CONSULTANT will request data from the Palo Alto Unified School District (PAUSD) that relates to mental health support of the student population; CONSULTANT will leverage that data to inform citywide prevention efforts for Palo Alto youth (particularly the K-12 population).

2. Communication:
a. CONSULTANT, in partnership with the CITY, will share this scope of work and progress updates to PAUSD and will highlight if the update information is suggested to be broadly shared with PAUSD families.

3. Gap Analysis Write Up on Prevention: CONSULTANT will conduct a gap analysis of the current programs and services for youth mental health support in Palo Alto, particularly including identifying those programs and services offered by or financially supported by the City. The gap analysis will evaluate services offered by age, accessibility of services, supports for specific demographic groups, availability of types of mental health support services, etc. CONSULTANT and CITY will agree on what is included in the study and CONSULTANT will produce a report with Item 12
Attachment A - DRAFT
Scope of Work with JED
Foundation (As shared with
City Schools Liaison
Committee; full contract
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findings. CONSULTANT will make recommendations on evidence-based programs and interventions for suicide prevention in communities. The CITY will review a draft of the report and provide comments before the report is finalized.

4. Advising on Reduction of Lethal Means: CONSULTANT will provide concrete guidance to reduce access to lethal means, including but not limited to: AI assisted surveillance along the rails, temporary suicide barriers and deterrents (e.g. nylon netting at common entry points), hopeful signage with specific low and no cost help-seeking options visible, messaging campaigns about the benefits of mental health care, and regular environmental scans. This information will be shared with the CITY through written report and meetings

5. Safety education for local agencies: CONSULTANT will conduct 2 four-hour trainings as customized, citywide lethal means safety education. CONSULTANT will help train more local providers in the use and implementation of research-based individual approaches to reducing access to lethal means (e.g., Counseling on Access to Lethal Means ).

6. Policy Development: CONSULTANT will assist in policy review and/or development, based on the results of the gap analysis, to create clear systems of response and intervention to assist in a mental health crisis. This can include reviewing and updating existing policies and/or developing new policies.

Task 3: Facilitate Youth Engagement
CONSULTANT understands that voice, agency, and purpose are essential to healthy development and wellness. JED will work with youth leaders, community organizations, and other stakeholders to ensure that Palo Alto’s young people are central to this work.

CONSULTANT recommends the following elements to amplify youth voice and to increase youth engagement:

1. JED will seek to better understand the needs of Palo Alto’s teens and young adults by recruiting a diverse sample of participants (approximately 30 - 50) to take part in a series of small (6-8), structured focus groups regarding the Palo Alto mental health ecosystem (access, awareness, acceptability). The methodology will include an IRB review, a hybrid model (in-person, anonymous remote), an interview schedule of key questions and follow-up probes, and a fully informed consent process.

2. Survey Administration and Analysis: CONSULTANT will administer its well-developed JED High School Survey where possible for Palo Alto youth in public and private schools. If the survey is used at PAUSD, it is subject to concurrence by PAUSD to ensure it is not duplicative of other PAUSD survey tools. The survey tool is intended to get a clearer picture of the mental health needs and help-seeking preferences among Palo Alto teens. The CITY and CONSULTANT will request support from local private schools and PAUSD (as appropriate given note above) to help share the survey to Palo Alto youth.

3. CONSULTANT will work with the CITY to explore the creation of a Peer Task Force to ensure that young people are meaningfully represented.

4. CONSULTANT will help to generate a roadmap of potential future activities and goals of the Youth Task Force, as well as guidance on overall convening structure and the prioritization of initial Task Force activities and agendas.

Task 4: Advise on the City of Palo Alto’s Citywide Campaign/Communications: CONSULTANT can provide up to 40 hours of expert guidance on campaign concepts and materials to help ensure their effectiveness and impact. This could include reviewing and sharing expert feedback on creative briefs and materials, and/or informing potential impact goals and measures. Further details:

Item 12
Attachment A - DRAFT
Scope of Work with JED
Foundation (As shared with
City Schools Liaison
Committee; full contract
will be late packet)

Item 12: Staff Report
Pg.
5 Packet Pg. 141 of 436

1. CONSULTANT will evaluate the City’s existing communication tools for sharing resources about youth mental health and share best practices or share additional tools the City could consider using. This can be a smaller write up.

2. CONSULTANT will potentially survey about youth access of CITY-provided services, if needed beyond the gap analysis and communication tools evaluation listed above.

3. CONSULTANT will curate a set of existing, evidence-based resources tailored to the goals and objectives of the campaign for licensed use, e.g. on the citywide campaign landing page. These resources might include digital tools, storytelling content, or social-first assets designed to provide trustworthy information about mental health, including recognizing signs of distress; supporting open conversation, connection, and help-seeking behaviors; and offering specialized information for a wide range of feelings, situations, and identities. Examples include: Mental Health Resource Center content, videos featuring expert advice and voices of lived experience like Caleb Williams, research reports, and social media assets.

4. Advise on rebuilding of CITY mental health resources webpage to ensure user friendliness for ease of accessing resources.

Task 5: Trainings to Build Knowledge and Skills
CONSULTANT will provide six (6) standard workshops/trainings with three (3) in person and (3) virtually.

The standard workshops and training can be tailored to address the needs of specific groups. The workshop/training final topics will be settled upon by the CITY and CONSULTANT based on specific needs of the Palo Alto community, but some example workshop/training topics include:

● JED’s “You Can Help” training equips participants to understand youth mental health, recognize signs of distress, learn how to respond, and know when and how to connect young people to professional resources. JED has developed specialized versions of this training for youth, educator, and parent audiences.
● “Creating an Inclusive Community of Care” covers the connection between belonging and mental well-being, identifies the core elements of a culture of care, and offers proven strategies to combat stigma among historically marginalized groups. It’s recommended for leaders and staff members of organizations that work with young people. ● “It’s Okay to Say Suicide” Being able to talk openly about suicide opens the door for people to get help. We are here to not only tell you it’s OK to say suicide, we’re here to show you how.

The target audiences for the Palo Alto-specific workshops/trainings will be determined by the City of Palo Alto based on community need. Examples include community groups, schools, school districts, etc.

Travel for Contract:

Based on the scope of work, travel is required for the CONSULTANT. With the expectation that CONSULTANT will deliver services within Palo Alto, the reimbursable travel not to exceed cost is $9,000.

Option to Amend Contract to Add Additional Scope:

Upon interest, funding, and agreement of both parties, this contract can be amended to add additional scope related to co-creating and supporting a youth mental health summit and to build capacity for sustainable engagement, prevention, and postvention. Further scope would be developed for this additional work upon interest, funding, and agreement of both parties.

Item 12
Attachment A - DRAFT
Scope of Work with JED
Foundation (As shared with
City Schools Liaison
Committee; full contract
will be late packet)

Item 12: Staff Report
Pg.
6 Packet Pg. 142 of 436

Contract Timeline

Below is the estimated timing for the Tasks within this report.

Task # Description Estimated Completion Date
1 Provide Postvention Support One year from signing of
contract
2 Strengthen Prevention Efforts One year from signing of contract
3 Facilitate Youth Engagement Within 18 months of signing of contract
4 Advise on the City of Palo Alto’s Citywide Campaign/
Communications
Within 18 months of signing of
contract
5 Trainings to Build Knowledge and Skills Within one year of signing of contract

Contract Cost Estimates

Below is the estimated pricing for the Tasks within this report.

Task # Description Estimated Cost For the Task
1 Provide Postvention Support $31,350
2 Strengthen Prevention Efforts $33,100
3 Facilitate Youth Engagement $21,300
4 Advise on the City of Palo Alto’s Citywide Campaign/
Communications
$30,850
5 Trainings to Build Knowledge and Skills $23,400

Travel Costs not to exceed: $9,000 for 6 trips

Item 12
Attachment A - DRAFT
Scope of Work with JED
Foundation (As shared with
City Schools Liaison
Committee; full contract
will be late packet)

Item 12: Staff Report
Pg.
7 Packet Pg. 143 of 436

City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5230
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2026 Municipal Fee Schedule to Amend and Remove Various Fees (FIRST READING: September 8,2025 PASSED: 7-0)

BACKGROUND
The City Council heard this item on September 8, 2025 for a first reading and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.

ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending the FY 26 Municipal Fee Schedule to Amend and Remove Various Fees
APPROVED BY:

Mahealani Ah Yun, City Clerk
Item 13
Item 13 Staff Report

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*NOT YET APPROVED*
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Ordinance No. ___

Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2026 Municipal Fee Schedule to Amend and Remove Various Fees

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. On June 16, 2025, the City Council adopted Ordinance 5658, which adopted the City’s budget for fiscal year 2026 (FY26). Ordinance 5658 included the FY26 Municipal Fee Schedule.

B. The City Council now desires to amend the FY26 Municipal Fee Schedule through this Ordinance to adjust the fee amounts for specific fees and remove some fees.

SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 202 6 Municipal Fee Schedule by adjusting certain fee amounts, removing certain fees, and establishing a new fee for permits for residential gas water and space heating equipment as set forth in Exhibit “A” and incorporated herein by reference.

SECTION 3. The f ees amended in this Ordinance are not taxes, as defined by Article XIII C of the California Constitution, because one or more exceptions enumerated in subdivision (e) of Section 1 of Article XIII C apply, and the fee amounts are no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity.

SECTION 4. The Council finds that this ordinance is not a “project” under CEQA because amending the Municipal Fee Schedule is a government funding mechanisms or fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).

//
Item 13
Attachment A - Ordinance
Amending the FY26
Municipal Fee Schedule and
to Amend and Remove
Various Fees

Item 13: Staff Report
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2 Packet Pg. 145 of 436

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SECTION 5. This ordinance shall be effective upon adoption as an amendment to the City’s FY26 budget.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Administrative
Services

Item 13
Attachment A - Ordinance
Amending the FY26
Municipal Fee Schedule and
to Amend and Remove
Various Fees

Item 13: Staff Report
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*NOT YET APPROVED*
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Exhibit A
(see following page)
Item 13
Attachment A - Ordinance
Amending the FY26
Municipal Fee Schedule and
to Amend and Remove
Various Fees

Item 13: Staff Report
Pg.
4 Packet Pg. 147 of 436

List of Fee Changes Exhibit A
Department   Service ‐ Fee Title   FY 2026 Adopted   FY 2026 Update Note Administrative Services Documents and Photocopies ‐ Black & White ‐ All Sizes Single: $0.16/page; Double‐Sided: $0.32/page Single: $0.15/page; Double‐Sided: $0.30/page Placeholder rate maintained to avoid interim overcharging
Administrative Services Documents and Photocopies ‐ Color (1‐100) 8.5" x 11" Single: $0.43/page; Double‐Sided: $0.86/page   Single: $0.40/page; Double‐Sided: $0.80/page Placeholder rate maintained to avoid interim overcharging
Administrative Services Documents and Photocopies ‐ Color (1‐100) 8.5" x 14" Single Single: $0.75/page; Double‐Sided: $1.50/page   Single: $0.70/page; Double‐Sided: $1.40/page Placeholder rate maintained to avoid interim overcharging
Administrative Services Documents and Photocopies ‐  ‐ Color Ink Jet Plot ‐ 18" x 24" Single: $0.85/page; Double‐Sided $1.70/page   Single: $0.80/page; Double‐Sided $1.60/page Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Color Ink Jet Plot ‐ 18" x 24" $3.20 per page   $3.00 per page Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Color Ink Jet Plot ‐ 24" x 36" $6.40 per page Color Ink Jet Plot ‐ 36" x 48" $12.80 per page   $6.00 per page Color Ink Jet Plot ‐ 36" x 48" $12.00 per page Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Color Ink Jet Plot ‐ 36" x 48" $12.80 per page   $12.00 per page Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Small Format B&W Prints 8.5"x11" $0.16 and 11"x17" $0.27   8.5"x11" $0.15 and 11"x17" $0.25 Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Small Format Color Prints 8.5" x 11" $0.43 and 11" x 17" $0.86   8.5" x 11" $0.40 and 11" x 17" $0.80 Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Standard Color/Mono 8.5" x 11" and 11" x 17" $1.28 each   $1.20 each Placeholder rate maintained to avoid interim overcharging
General Citywide Plans, Standards & Large Format Printing ‐ Standard Drawings & Specifications $19.20 each   $18.00 each Placeholder rate maintained to avoid interim overcharging
Community Services Adoptions ‐ Dogs (6 months ‐ 5 years) Resident: $175.00 per pet Non‐Resident: $205.00 per pet
Resident: $175.00 per pet
Non‐Resident: $175.00 per pet Vendor sets pricing
Community Services Adoptions ‐ Dogs (under 6 months) Resident: $300.00 per pet Non‐Resident: $350.00 per pet
Resident: $300.00
Non‐Resident: $300.00 Vendor sets pricing
Community Services Animal Services ‐ Routine Deworming (roundworms and hookworms) $75.00 per pet   $10.00 per pet Vendor sets pricing Community Services Facilities Rental ‐ Art Studio Short Term Resident: $114.00 per week Non‐Resident: $131.00 per week
Resident: $1.14 per sq ft per month
Non‐Resident: $1.27 per sq ft per month
Room sizes vary; fees are based on the square footage
of the assigned room.

Planning & Development
Services Rental Registry Exempt: $0 per unit
Non‐Exempt: $0 per unit
Exempt: $0 per unit
Non‐Exempt: $35.00 per unit FY 2026 exemption approved; non‐exempt fee omitted Planning & Development
Services
Residential Gas Water and Space Heating Equipment
- Stand Alone N/A $328.00 per permit Unsubsidized cost: $633 - $806 Fire Compliance ‐ Alarm Registration Fee ‐ New $56.00 per incident Removed Sunsetting; intended for deletion based on discussions, but never formally removed
Fire Compliance ‐ Alarm Registration Fee ‐ Renewal $42.00 per incident   Removed Sunsetting; intended for deletion based on discussions, but never formally removed
Fire Compliance ‐ Alarm Registration Fee ‐ Late Fee $20.00 per incident Removed Sunsetting; intended for deletion based on discussions, but never formally removed
Fire Compliance ‐ Alarm Registration Reinstatement $20.00 per incident   Removed Sunsetting; intended for deletion based on discussions, but never formally removed
Fire Compliance ‐ Returned Check Fee $25.00 per incident   Removed Sunsetting; intended for deletion based on discussions, but never formally removed
Fire Fire Department Training (Full Day) $167.00 per class Removed Not used in over decade; intended for deletion but never formally removed
Fire Fire Department Training (Half Day or Less) $83.00 per class Removed Not used in over decade; intended for deletion but never formally removed
Item 13
Attachment A - Ordinance
Amending the FY26
Municipal Fee Schedule and
to Amend and Remove
Various Fees

Item 13: Staff Report
Pg.
5 Packet Pg. 148 of 436

City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5231
TITLE
SECOND READING: Ordinance Amending PAMC Chapter 10.56 (Special Speed Zones) to Update Speed Limit Studies for 22 Streets and Decrease the Speed Limit for a Portion of Deer Creek Road (FIRST READING: September 8,2025 PASSED: 7-0)

ATTACHMENTS
Attachment A: Ordinance Amending PAMC Chapter 10.56
APPROVED BY:

Mahealani Ah Yun, City Clerk
Item 14
Item 14 Staff Report

Item 14: Staff Report
Pg.
1 Packet Pg. 149 of 436

NOT YET APPROVED Attachment B
1 140_20250818_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Sections of Chapter

10.56 (“Special Speed Zones”) of Title 10 (Vehicles and Traffic) to Reflect the 2024 Traffic Survey and Reduce the Speed Limit for a Portion of Deer Creek Road.

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. In conjunction with this ordinance, the City Council approved the “2024 Engineering & Traffic Survey” (Traffic Survey) for the City of Palo Alto. The survey was conducted by TJKM under contract by the City.

B. Based on the findings of the Traffic Survey, the City now desires to amend the Palo Alto Municipal Code (PAMC) through this ordinance to indicate the latest survey completion date for 22 road segments and change the speed limit for one road segment – Deer Creek Road – from 40 to 35 mph.

SECTION 2. Chapter 10.56.010 of the Palo Alto Municipal Code is hereby amended to read as follows (new text is underlined, deleted text is in strikethrough):

10.56.010 Twenty-five miles per hour prima facie speed limit justified.

It is determined that the state twenty-five miles per hour prima facie speed limit for business or residence districts is justified, as required by state law, with respect to the following streets or portions of streets by engineering and traffic surveys conducted by the city and completed on the dates shown below:

Road Segment Name Survey Completion Date
Alma St from El Camino Real to University Ave September 2023June 2014 Amaranta Ave from Los Robles Ave to Maybell Ave November 2017 Arboretum Rd from Sand Hill Rd to Quarry Rd November 2017 Birch St from California Ave to Page Mill Exp November 2017 California Ave from Park Blvd to El Camino Real November 2017 California Ave from El Camino Real to Hanover St November 2017 Charleston Rd from Fabian Way to South City Limit September 2023June 2014 Charleston Rd from Middlefield Rd to Fabian Way September 2023 Charleston Rd from El Camino Real to Alma St September 2023 Channing Ave from W Bayshore Rd to Newell Rd November 2017 Channing Ave from Newell Rd to Guinda Ave November 2017 Channing Ave from Guinda Ave to Alma St November 2017
Item 14
Attachment A - Ordinance
Amending PAMC Chapter 10

Item 14: Staff Report
Pg.
2 Packet Pg. 150 of 436

NOT YET APPROVED Attachment B
2 140_20250818_ts24
Charleston Rd from Alma St to Middlefield Rd September 2023November 2017
Churchill Ave from Embarcadero Rd to Alma St November 2017 Churchill Ave from Alma St to El Camino Real November 2017 Colorado Ave from W Bayshore Rd to Middlefield Rd November 2017 E Meadow Dr from W Bayshore Rd to Louis Rd November 2017 E Meadow Dr from Louis Rd to Alma St November 2017
El Camino Way from Los Robles Ave to Maybell Ave September 2023November 2017
Embarcadero Rd from El Camino Real to Alma St October 2023June 2014 Guinda Ave from Lytton Ave to Channing Ave November 2017 Hamilton Ave from Middlefield Rd to Alma St November 2017 High St from Lytton Ave to Channing Ave November 2017
Homer Ave from Guinda Ave to Alma St November 2017
Laguna Ave from Matadero Ave to Los Robles Ave November 2017 Lambert Ave from Park Blvd to El Camino Real November 2017 Loma Verde Ave from W Bayshore Rd to Middlefield
Rd
November 2017
Loma Verde Ave from Middlefield Rd to Alma St November 2017 Los Robles Ave from Laguna Ave to El Camino Real November 2017 Louis Rd from Embarcadero Rd to Oregon Exp November 2017 Louis Rd from Oregon Exp to Loma Verde Rd September 2023November 2017
Louis Rd from Loma Verde Rd to Charleston Rd September 2023November 2017
Lytton Ave from Alma St to Middlefield Rd November 2017 Matadero Ave from El Camino Real to Laguna Ave November 2017 Middlefield Rd from University Ave to Embarcadero
Rd
September 2023June 2014
Middlefield Rd from University Av to Northern City
Limits
September 2023
Middlefield Rd from Embarcadero Rd to Oregon Exp November 2017 Newell Rd from East City Limit to Channing Ave November 2017 Newell Rd from Channing Ave to Embarcadero Rd November 2017 N California Ave from Embarcadero Rd to
Middlefield Rd
September 2023November
2017
N California Ave from Middlefield Rd to Alma St November 2017 Item 14
Attachment A - Ordinance
Amending PAMC Chapter 10

Item 14: Staff Report
Pg.
3 Packet Pg. 151 of 436

NOT YET APPROVED Attachment B
3 140_20250818_ts24
Park Blvd from California Ave to Lambert Ave September 2023November 2017
Peter Coutts Rd from Stanford Ave to Page Mill Rd November 2017 Porter Dr from Hillview Ave to Page Mill Rd September 2023November 2017
Quarry Rd from El Camino Real to Campus Dr October 2023November 2017 Stanford Ave from El Camino Real to Peter Coutts Rd November 2017 Stanford Ave from Peter Coutts Rd to Junipero Serra
Blvd
November 2017
University Ave from Middlefield Rd to Alma St November 2017 Waverley St from Lytton Ave to Channing Ave November 2017 Waverley St from Channing Ave to Embarcadero Rd November 2017 W Meadow Dr from Alma St to El Camino Way November 2017

SECTION 3. Chapter 10.56.015 of the Palo Alto Municipal Code is hereby amended to read as follows:

10.56.015 Thirty miles per hour prima facie speed limit.

It is determined and justified upon the basis of engineering and traffic surveys that a speed greater than the twenty-five miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that thirty miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below:

Road Segment Name Survey Completion Date
Fabian Way from Charleston Rd to W Bayshore Rd September 2023June 2014 Hansen Way from El Camino Real to Page Mill Exp September 2023November 2017 Hanover St from Page Mill Rd to Hillview Ave September 2023June 2014 Hillview Ave from Hanover St to Foothill Exp September 2023June 2014 Sand Hill Rd from El Camino Real to Arboretum November 2017 W Bayshore Rd from Oregon Exp to Colorado Ave November 2017 SECTION 4. Chapter 10.56.020 of the Palo Alto Municipal Code is hereby amended to read as follows:

10.56.020 Thirty-five miles per hour prima facie speed limit.

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NOT YET APPROVED Attachment B
4 140_20250818_ts24
the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that thirty-five miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below:

Road Segment Name Survey Completion Date
Alma St from Lincoln Ave to Oregon Expy November 2017
Alma St from Oregon Exp to E Meadow Dr November 2017
Alma St from E Meadow Dr to South City Limit November 2017 Arastradero Rd from Purissima Rd to Deer Creek Rd November 2017 Arastradero Rd from Deer Creek Rd to Foothill Exp November 2017 Deer Creek Rd from western City limits to Arastradero Rd Hillview Ave from Foothill Exp to Arastradero Rd
September 2023
November 2017
Oregon Exp from Middlefield Rd to Highway 101 June 2014 Oregon Exp from Middlefield Rd to Alma St November 2017 Page Mill Rd from El Camino Real to Hanover St June 2014 Page Mill Rd from Hanover St to Foothill Exp June 2014
Sand Hill Rd from Arboretum to West City limit November 2017 San Antonio Rd from Alma St Overpass to Middlefield Rd September 2023June 2014 San Antonio Rd from Middlefield Rd to Charleston Rd September 2023June 2014 San Antonio Rd from Charleston Rd to East City Limit June 2014 W Bayshore Rd from Oregon Exp to Loma Verde Ave November 2017 W Bayshore Rd from Loma Verde to Fabian Way September 2023June 2014

SECTION 5. Chapter 10.56.025 of the Palo Alto Municipal Code is hereby amended to read as follows:

10.56.025 Forty miles per hour prima facie speed limit.

It is determined and justified upon the basis of engineering and traffic surveys that a speed greater than the twenty-five miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that forty miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below:

Item 14
Attachment A - Ordinance
Amending PAMC Chapter 10

Item 14: Staff Report
Pg.
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NOT YET APPROVED Attachment B
5 140_20250818_ts24
Road Segment Name Survey Completion
Date
E Bayshore from Embarcadero Road Bicycle and Pedestrian Overcrossing to Adobe Creek
November 2017
Deer Creek Rd from western City limits to Arastradero Rd November 2017 SECTION 6. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 7. The Council finds that this ordinance is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15301 of the CEQA Guidelines as a minor alteration to the existing street system.

SECTION 8. This ordinance shall be effective 31 days after adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Chief Transportation Official

Item 14
Attachment A - Ordinance
Amending PAMC Chapter 10

Item 14: Staff Report
Pg.
6 Packet Pg. 154 of 436

City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5232
TITLE
SECOND READING: Ordinance Amending Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Reflect Changes in Law (FIRST READING: September 8,2025 PASSED: 7-0)

ATTACHMENTS
Attachment A: Ordinance Amending PAMC 16.64
APPROVED BY:

Mahealani Ah Yun, City Clerk
Item 15
Item 15 Staff Report

Item 15: Staff Report
Pg.
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*NOT YET APPROVED*
1 0290176_20250825_ms29
Ordinance No.

Ordinance of the Council of the City of Palo Alto Amending Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Reflect Changes in Law

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. Until recently, legislatively adopted development impact fees in California were governed principally by state statute (the Mitigation Fee Act, California Gov. Code §§ 66000-66025), which requires that fees and exactions imposed on development bear a “reasonable relationship” to the impacts created by the development.

B. In Sheetz v. County of El Dorado, 601 U.S. 267 (2024), the United States Supreme Court rejected the previous rule, holding that in addition to the Mitigation Fee Act, development impact fees must also comply with the Takings Clause of the Fifth Amendment to the U.S. Constitution.

C. Under Sheetz, development impact fees are appropriate only where there is an “essential nexus” between the fee and purpose of the permit and “rough proportionality” between the amount of the fee and the projected impact of the proposed development (the “Nollan/Dolan test”).

D. In some cases, an applicant may contend that the City’s impact fees do not satisfy the Mitigation Fee Act’s “reasonable relationship” standard or the constitutional “essential nexus” and “rough proportionality” requirements with respect to the impact of the applicant’s proposed development.

E. Currently, the City’s impact fee procedures provide a mechanism for applicants to pay the fees under protest while preserving a challenge to the fees under the Mitigation Fee Act. These procedures incorporate standards and requirements that are specific to the Mitigation Fee Act and do not account for constitutional challenges to the City’s fees.

F. For this reason, the City Council now wishes to amend Chapter 16.64 to enhance the ability of an objector to administratively challenge the calculation of impact fees for their project. This amendment would adjust the City’s protest procedure to facilitate both protests under the Mitigation Fee Act and challenges by applicants who contend that the City’s legislatively adopted impact fees do not meet constitutional standards.

SECTION 2. Section 16.64.060 (Notice of Protest Rights) of Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Item 15
Attachment A - Ordinance
Amending PAMC 16.64

Item 15: Staff Report
Pg.
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*NOT YET APPROVED*
2 0290176_20250825_ms29
Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):

16.64.060 Notice of protest rights.
(a) Each applicant is hereby notified that, in order to protest the imposition of any impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and, if applicable to the protest, the Mitigation Fee Act.

Failure of any person to comply with the protest requirements of this chapter and, if applicable, or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition, to the extent allowed by law.
(b) On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the city and serve a written notice to the director of planning and development services with all of the following information:
(1) for challenges under the Mitigation Fee Act, a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the city of the factual elements of the dispute and the legal theory forming the basis for the protest.
(c) The applicant shall bear the burden of proving, to the satisfaction of the director, entitlement to a fee adjustment.

SECTION 3. Section 16.64.070 (Informal Hearing) of Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):

16.64.070 Informal hearing and preparation of additional analysis. (a) The director shall schedule an informal hearing regarding the protest, to be held no later than sixty days after the imposition of the impact fees upon the development project service of the applicant’s written notice of protest, and with at least ten days' prior notice to the applicant (unless either alternative dates are otherwise agreed by the director and the applicant).
(b) Either at the applicant’s request or upon the director’s initiative, the director may seek preparation, at the applicant’s expense, of additional analysis of the impacts created by the application. The time in which an informal hearing must be scheduled shall be tolled while these studies are prepared.
(c) During the informal hearing, the director shall consider the applicant's protest, relevant evidence assembled as a result of the protest, and any additional relevant evidence provided during the informal hearing by the applicant and the city. The director shall provide an opportunity for the applicant to present additional evidence at the hearing in support of the protest.

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Attachment A - Ordinance
Amending PAMC 16.64

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(c d) The director shall issue a written determination regarding the protest directing that the fee shall remain unchanged or shall be increased or decreased based on the evidence presented at the hearing. The director's determination shall support the fee imposed upon the development project unless the applicant establishes, to the satisfaction of the director, entitlement to an adjustment to the fee.
(d e) The director may elect to appoint an independent hearing officer or other designee to hear and decide a protest under this section.

SECTION 4. Section 16.64.080 (Appeal of Director's Determination) of Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck-through):

16.64.080 Appeal of director's determination. Reserved. (a) Any applicant who desires to appeal a determination issued by the director shall submit a written appeal to the director and the city manager. A complete written appeal shall include a complete description of the factual elements of the dispute and the legal theory forming the basis for the appeal of the director's determination. An appeal received by the city manager more than ten calendar days after the director's determination may be rejected as late. Upon receipt of a complete and timely appeal, the city manager shall appoint an independent hearing officer to consider and rule on the appeal.
(b) The independent hearing officer shall, in coordination with the applicant and the director, set the time and place for the appeal hearing, and provide written notice thereof. The independent hearing officer shall consider relevant evidence, provide an opportunity for the applicant and the city to present additional noncumulative evidence at the hearing, and preserve the complete administrative record of the proceeding. (c) Within thirty days after the independent hearing officer closes the hearing and receives post-hearing briefs (if any), the independent hearing officer shall issue a written decision on the appeal hearing which shall include a statement of findings of fact in support of the decision. The independent hearing officer's discretion shall be limited to a determination that either supports the director's determination or orders the city to refund all or a portion of the impact fees to the applicant. The applicant shall bear the burden of proving entitlement to a fee adjustment. The decision of the hearing officer is final and conclusive, and is subject to judicial review.

SECTION 5. Section 16.64.090 (Cost of Protest) of Chapter 16.64 (Development Fee and In- Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended as follows (deletions struck-through):

16.64.090 Cost of protest.

The applicant shall pay all city costs related to any protest or appeal pursuant to this Item 15
Attachment A - Ordinance
Amending PAMC 16.64

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chapter, in accordance with the fee schedule adopted by the city. At the time of the applicant's protest, and at the time of the applicant's appeal, the applicant shall pay a deposit in an amount established by the city to cover the estimated reasonable cost of processing the protest and appeal. If the deposit is not adequate to cover all city costs, the applicant shall pay the difference within twenty days after receipt of written notice from the director.

SECTION 6. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 7. The Council finds that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that amending the City’s administrative appeal procedures for development impact fees may have a significant effect on the environment.
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Item 15
Attachment A - Ordinance
Amending PAMC 16.64

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SECTION 8. This ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

City Attorney or Designee City Manager

Director of Planning and
Development Services
Item 15
Attachment A - Ordinance
Amending PAMC 16.64

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5234
TITLE
SECOND READING: Adoption of Four Ordinances, as Recommended by the Retails Committee to Amend and Reorganize Stormwater and Wastewater Management Requirements by Amending PAMC Chapter 16.09 (Sewer Use Ordinance), Amending Chapter 16.11 (Stormwater Pollution Prevention), Adding New Chapter 16.13 (Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease), and Adding New Chapter 16.66 (Hauled Liquid Waste). (FIRST READING: September 8, 2025, PASSED 7-0)

BACKGROUND
The City Council heard this item on September 8, 2025 for a first reading and approved it on a 7- 0 vote. No changes were made to the ordinances, and they are now before the City Council for a second reading.

ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 16.09 (Sewer Use Ordinance) of Title 16 of the Palo Alto Municipal Code to Update the Regulations Related to Use of the Sanitary Sewer System
Attachment B: Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11 (Stormwater Pollution Prevention) of Title 16 (Building Standards) of the Palo Alto Municipal Code
Attachment C: Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.13, Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease Attachment D: Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.66 (Hauled Liquid Waste) to Regulate the Discharge of Hauled Liquid Waste at the Palo Alto Regional Water Quality Control Plant (RWQCP) APPROVED BY:

Mahealani Ah Yun, City Clerk
Item 16
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Ordinance No.

Ordinance of the Council of the City of Palo Alto Amending Chapter 16.09 (Sewer Use Ordinance) of Title 16 of the Palo Alto Municipal Code to Update the Regulations Related to Use of the Sanitary Sewer System

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. In order to protect the public health and environment, including the City’s sanitary sewer system, the Palo Alto Regional Water Quality Control Plant, and San Francisco Bay, the City has developed and implements a water quality control program;

B. Protection of the City’s sanitary sewer system, the Palo Alto Regional Water Quality Control Plant, and San Francisco Bay requires strict control of industrial wastewater discharges;

C. The adoption of this Sewer Use Ordinance is a component of the City’s water quality control program and establishes the City’s authority to implement state and federally required industrial wastewater pretreatment programs and standards to control industrial pollutants that may pass through or interfere with publicly owned treatment works or contaminate sewage sludge.

SECTION 2. Chapter 16.09 (Sewer Use Ordinance) of Title 16 (Building Regulations) is hereby repealed and replaced in its entirety to read as follows:

Chapter 16.09

SEWER USE ORDINANCE

Sections:

16.09.005 Purpose and Applicability.

16.09.010 Abbreviations.

16.09.015 Definitions.

16.09.020 Responsibility of the Director.

16.09.025 Confidentiality.

16.09.030 Alternate Materials and Methods.

16.09.035 Limitations on Point of Discharge.

16.09.040 Prohibited Discharge Standards.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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16.09.045 National Categorical Pretreatment Standards.

16.09.050 Standards for Other Wastes.

16.09.055 Local Limits.

16.09.060 City’s Right of Revision.

16.09.065 Dilution.

16.09.070 Unpolluted Water.

16.09.075 Discharge Permit Required.

16.09.080 Discharge Permit Application Procedure.

16.09.085 Discharge Permit Modification.

16.09.090 Inspection and Sampling.

16.09.095 Self-Monitoring.

16.09.100 Monitoring Waiver.

16.09.105 Pretreatment Facilities.

16.09.110 Personnel Orientation.

16.09.115 Accidental Discharge Prevention.

16.09.120 Reporting and Certification Requirements for Industrial Users.

16.09.125 Reports from Unpermitted Users.

16.09.130 Reports of Changed Conditions and Final Closure.

16.09.135 Reports of Potential Problems and Accidental Discharges.

16.09.140 Reports of Noncompliance

16.09.145 Falsification of Information.

16.09.150 Date of Receipt of Reports.

16.09.155 Retention of Records.

16.09.160 Requirements for Sinks and Drains.

16.09.165 Requirements for Newly Constructed, Remodeled, Improved, or Converted Commercial and Industrial Facilities.

16.09.170 Requirements for Newly Constructed, Remodeled, Improved, or Converted Multiple-Family Use Residential Properties.

16.09.175 Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers, and Heat Exchangers.

16.09.180 Requirements for Exceptional Waste.

16.09.185 Root and Pest Control Chemical Use.

16.09.190 Requirements for Dental Facilities.

16.09.195 Publication of Users in Significant Noncompliance.

16.09.200 Enforcement and Penalties.

16.09.205 Permit Denial, Modification, Suspension, or Revocation Hearing

16.09.210 Affirmative Defenses to Discharge Violations: Upset.

16.09.215 Affirmative Defenses to Discharge Violations: Prohibited Discharge Standards.

16.09.220 Affirmative Defenses to Discharge Violations: Bypass.

16.09.225 Pretreatment Charges and Fees.

16.09.230 Obstruction, Damage or Impairment to POTW.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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16.09.005 Purpose and Applicability.

This Chapter sets forth uniform requirements for users of the Palo Alto Regional Water Quality Control Plant, a Publicly Owned Treatment Works (POTW), and enables the City and the POTW to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403), and the water quality requirements set by the San Francisco Bay Regional Water Quality Control Board and/or the California State Water Resources Control Board. The objectives of this Chapter are:

(a) To prevent the introduction of pollutants into the POTW that will interfere with its operation;

(b) To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

(c) To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(d) To promote reuse and recycling of wastewater and sludge from the POTW; and

(e) To enable the POTW to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.

It is the intent of the City to update and modify this Chapter as needed to continue to provide a program for protection of the POTW which is approved by Federal and State regulatory agencies.

Therefore, this Chapter is designed to be no less stringent than the Clean Water Act and the Effluent Guidelines and Standards published at Title 40 CFR Chapter I, Subchapter N as applicable, and as such regulations may be amended from time to time. If any provision of this Chapter conflicts with applicable Federal or State requirements, as amended or updated, the more stringent and environmentally protective provision shall apply.

This Chapter shall apply to all users of the POTW, including but not limited to, persons within the City of Palo Alto and persons outside the City who are, by contract with the City, users of the POTW. This Chapter authorizes the issuance of individual wastewater discharge permits and general discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; and requires industrial user reporting.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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16.09.010 Abbreviations.

The following abbreviations, when used in this Chapter, shall have the designated meanings:

BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – United States Environmental Protection Agency
gpd – gallons per day
gpm – gallons per minute
IU – Industrial User
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System NSCIU – Non-Significant Categorical Industrial User
PAMC – Palo Alto Municipal Code
POTW – Publicly Owned Treatment Works
PRCC – Periodic Report of Continued Compliance
RCRA – Resource Conservation and Recovery Act
RWQCP – Palo Alto Regional Water Quality Control Plant
SIU – Significant Industrial User
SNC – Significant Noncompliance
STO – Single Toxic Organic
TDS – Total Dissolved Solids
TSS – Total Suspended Solids
TTO – Total Toxic Organics
U.S.C. – United States Code

16.09.015 Definitions.

The following terms and phrases, whenever used in this Chapter, shall be as defined herein.

Terms and phrases used in this Chapter not otherwise defined shall be as defined or interpreted or used in Title 40 of the CFR.

(a) “A” definitions:

(1) “Amalgam process wastewater” means any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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(2) “Amalgam separator” is a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sanitary sewer system; has been certified under the International Organization for Standardization’s standard for amalgam separators as capable of removing a minimum of ninety-five percent of dental amalgam at flow rates comparable to the flow rate of the actual vacuum suction system in operation; and does not have any automatic flow bypass.

(3) “Amalgam waste” means and includes non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chair-side traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.

(4) “Annual average concentration” means the average concentration of a substance measured over any twelve- (12-) month period of time.

(5) “Authorized representative” means an authorized or duly authorized representative of the industrial user as defined below:

(A) If the user is a corporation:

(i) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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(B) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(C) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(D) The individuals described in subsections (A) through (C), above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the organization, and the written authorization is submitted to the Director.

(6) “Average Daily Blowdown” means the result of dividing the total cooling system blowdown volume from May 1 through September 30 by the number of days of operation for the same period.

(b) “B” definitions:

(1) “Berm” means a ridge, lip, or other raised barrier to the flow of liquid which is not rendered ineffective by the liquid and is sufficiently high to contain anticipated fluid amounts, or which causes sufficient grade to prevent migration of anticipated fluid amounts.

(2) “Sewer Best Management Practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions in this Chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from materials storage.

(3) “Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).

(1) “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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(2) “Categorical pretreatment standard” means any regulation containing pollutant discharge limits promulgated by EPA that apply to a specific category of industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

(3) “City” means the City of Palo Alto located in the State of California.

(4) “Clean Water Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

(5) “Collection system” means the pipelines, pump stations, junction boxes, channels, and other conveyance apparatus used to move wastewater.

(6) “Composite sample” means a series of samples taken over a given period of time that accurately represents the average pollutant concentration during said period of time.

(7) “Cooling system blowdown” means water routinely discharged from a cooling water system to maintain efficient operation of the system.

(8) “Cooling water” means water which is used to cool fluids or equipment in commercial or industrial processes or air conditioning systems.

(9) “Cooling water system” means the pipes, heat exchangers, and other appurtenances used to convey cooling water in cooling towers, direct contact cooling systems, and similar fixed cooling systems. Multiple units of a cooling water system serving a building or piece of equipment are considered as one system if the cooling water distribution system units are physically connected.

(10) “Cycles of concentration” means the flow rate of water added to a cooling tower water system divided by the flow rate of water discharged from the cooling tower water system.

(d) “D” definitions:

(1) “Dental amalgam” means an alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.

(2) “Dental discharger” means a facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, State or local governments, that discharges wastewater to the sanitary sewer system.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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(3) “Detection limit” means the minimum concentration of an analyte (substance) that can be measured and reported with ninety-nine percent (99%) confidence that the analyte concentration is greater than zero as determined by the procedures set forth in 40 CFR Part 136, Appendix B.

(4) “Director” means the City’s director of public works, his or her designee or such other person as may be designated by the city manager.

(5) “Discharge” means the introduction of pollutants into the POTW from any nondomestic source.

(6) “Discharge permit” or “wastewater discharge permit” means a legal document, used as a control mechanism, which grants revocable permission and authorization to discharge wastewater into the sanitary sewer system. Discharge permits can be issued either to an individual industrial user or applied broadly to a set of industrial users as a general discharge permit.

(7) "Discharger" means any person or entity who has the potential to or who discharges, causes, or permits the discharge of any pollutant or of any industrial or commercial process flows into the sanitary sewer system. Discharger is inclusive of industrial user.

(e) “E” definitions:

(1) “Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency, or where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

(2) “Existing source” means any source of discharge that is not a new source.

(f) “F” definitions:

(1) “Fail-safe valve” means a gravity, spring loaded or electrically driven valve that is normally closed. The valve can be opened by continuously applying pressure or depressing a switch mechanism that automatically closes the valve when not in use or depressed.

(2) “Fixer solution” means a solution containing silver used in the photographic processing of dental x-rays, x-rays, and photographs.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(g) “G” definitions:

(1) “Grab sample” means a sample that is taken from a wastestream on a one- time basis with no regard to the flow of the wastestream, taken over a period not to exceed fifteen (15) minutes.

(h) “H” definitions:

(1) “Hazardous material” means any material so designated by Title 17 of this code.

(2) “Hazardous waste” means a material designated as a hazardous waste by Federal, State, or local regulations.

(i) “I” definitions:

(1) “Industrial user” means a discharger of industrial waste to the POTW.

(2) “Industrial waste,” “process wastewater”, or “process waste stream” means the waste or wastewater from any production, manufacturing, research/development, groundwater remediation, or processing operation of any nature including institutional and commercial. Industrial waste shall not include sewage.

(3) “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(4) “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations:

Section 405 of the Clean Water Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(j) “J” definitions: Reserved

(k) “K” definitions: Reserved

(l) “L” definitions:

(1) “Local limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

(m) “M” definitions:

(1) “Machine shop” means a fixed facility which cuts, grinds, polishes, deburrs, or machines metal parts but does not conduct metal finishing as that term is defined by the EPA in 40 CFR Part 433.

(2) “Multiple-family use” shall be as defined in Title 18 of this code.

(n) “N” definitions:

(1) “New source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Clean Water Act that will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with that section, provided that:

(A) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(B) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(C) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing building, structure, facility, or Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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installation, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(o) ”O” definitions:

(1) “Oil-water separator” means a receptacle designed and constructed to intercept, separate, and prevent the passage of oils and sediments into the sanitary sewer system.

(2) “Once-through cooling system” means a cooling system through which water passes only once before discharge to the sanitary sewer system, including laboratory bench top cooling systems.

(3) “Organic solvent” means any solvent which contains carbon in its molecular structure.

(p) ”P” definitions:

(1) “Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement or provision of the City's NPDES permit, including an increase in the magnitude or duration of a violation.

(2) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local government entities.

(3) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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(4) “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.

(5) “Pretreatment standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

(6) “Pretreatment system” means a treatment system at an industrial or commercial facility that is designed to reduce the amount of pollutants, eliminate pollutants, or alter the nature of the pollutant properties in the wastewater prior to discharge to the sanitary sewer system

(7) “Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

(q) “Q” definitions: Reserved

(r) “R” definitions:

(1) “Reasonable Control Measures” or “RCMs” means control technologies, BMPs, source control practices, and waste minimization procedures which prevent or reduce the introduction of pollutants to the sanitary sewer system, and are determined by the Director to be cost effective for particular industry groups, business types, or specific industrial and commercial processes.

(s) “S” definitions:

(1) “Sampling location” means an access box, valve, spigot, or similar structure from which samples representative of an industrial or commercial wastewater discharge from a particular process or processes, piece of equipment, activity, building, or facility may be collected.

(2) “Sanitary sewer system” means the collection system, all sewers, treatment plants and other facilities owned or operated by the city for carrying, collecting, storing, treating, reclaiming and disposing of sanitary sewage and industrial wastes.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
13 Packet Pg. 173 of 436

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(3) “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

(4) “Sewer” means a pipe or conduit for carrying wastewater.

(5) “Significant industrial user” means, except as provided in (C) and (D):

(A) An industrial user subject to categorical pretreatment standards; or

(B) An industrial user that:

(i) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(ii) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(iii) Is designated as such by the Director on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(C) The Director may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(i) The industrial user, prior to the Director’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(ii) The industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
14 Packet Pg. 174 of 436

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(iii) The industrial user never discharges any untreated concentrated wastewater.

(D) Upon a finding that an industrial user meeting the criteria in subsection (B) of this part has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Director may at any time, on his or her own initiative or in response to a petition received from an industrial user, determine that such industrial user should not be considered a significant industrial user.

(6) “Simple payback period” means the number of years required to recover the cost of an investment in water pollution control.

(7) “Single toxic organic” or “STO” shall mean the highest quantifiable value for any individual toxic organic compound.

(8) “Slug discharge” means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge which has a reasonable potential to cause interference or pass through, or in any other way violate the City’s discharge permit conditions, local limits, or regulations.

(t) “T” definitions:

(1) “Total toxic organics” or “TTO” means the summation of all quantifiable toxic organic compound concentrations greater than 0.01 mg/L.

(2) “Toxic organic compound” means any organic pollutant listed in 40 CFR 433.11(e) unless otherwise defined by an applicable categorical pretreatment standard.

(3) “Treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(u) “U” definitions: Reserved

(v) “V” definitions:

(1) “Vehicle” means a mode of transporting people or things. Vehicles include, but are not limited to, airplanes, automobiles, boats, buses, forklifts, motorcycles, recreational vehicles, tractors, and trucks.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
15 Packet Pg. 175 of 436

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(2) “Vehicle service facility” means a commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle washing.

(w) “W” definitions:

(1) “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(x) “X” definitions: Reserved

(y) “Y” definitions: Reserved

(z) “Z” definitions:

(1) “Zinc-containing floor finishes” means floor finish solutions containing greater than 0.01% zinc by weight;

16.09.020 Responsibility of the Director.

The Director shall administer, implement, and enforce the provisions of this Chapter. The Director shall be responsible for promulgating such orders, rules, and requirements as are necessary to accomplish the purpose of this Chapter, in accordance with the regulations that are or may be promulgated by the EPA, the California State Water Resources Control Board, the San Francisco Bay Regional Water Quality Control Board, the California Department of Public Health, or other duly authorized boards or agencies. Any powers granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee.

16.09.025 Confidentiality.

(a) Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general discharge permits, and monitoring programs, and from the Director’s inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
16 Packet Pg. 176 of 436

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protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data by stamping the words “confidential business information” on each page containing such information. When requested and demonstrated by the discharger furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(b) This Section does not permit a discharger to refuse to disclose information required pursuant to this Chapter to the Director. A discharger may be prohibited from discharging a substance unless its composition is made known to the Director.

16.09.030 Alternate Means and Methods.

(a) The Director is authorized to modify any of the provisions of this Chapter upon application in writing by the owner, a lessee or an authorized representative of the discharger where there are practical difficulties in the way of carrying out the provisions of this Chapter, provided that the purpose of this Chapter, as set forth in Section 16.09.005, shall be complied with, and substantial justice done. The particulars of any such modification and the decision of the Director shall be entered upon the records of the POTW and a signed copy shall be furnished to the applicant.

(b) The Director, upon application in writing by the owner, a lessee, or an authorized representative of the discharger, and on notice to the Director, is authorized to approve alternate materials or methods, provided that the Director finds that the proposed design, use, or operation satisfactorily complies with the intent of this Chapter and that the material, method of work performed, or operation is, for the purpose intended, at least equivalent to that prescribed in this Chapter in quality and effectiveness in meeting the purposes of this Chapter. Approvals under the authority herein contained shall be subject to the approval of the Director whenever the alternate material or method involves matters regulated by this Chapter. The particulars of any such approval made by the Director shall be entered upon the records of the POTW and a signed copy shall be furnished to the applicant.

16.09.035 Limitations on Point of Discharge.

No person shall discharge any substances directly into a manhole or other opening in a City sewer or storm drain system, other than through a City-approved sewer connection or as authorized by an Exceptional Waste Discharge Permit per Section 16.09.180 of this Chapter.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
17 Packet Pg. 177 of 436

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16.09.040 Prohibited Discharge Standards.

(a) General prohibitions. No discharger shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all dischargers to the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

(b) Specific prohibitions. No discharger shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 CFR 261.21;

(2) Wastewater having a pH less than 5.0 or greater than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;

(3) Solid or viscous substances in amounts which may cause obstruction of the flow in the POTW but in no case solids greater than one-half inch in any dimension;

(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(5) Wastewater which will inhibit the biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade);

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(8) Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with Title 16.66 of this code;

(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
18 Packet Pg. 178 of 436

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(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

(12) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(13) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(14) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(15) Any substance which, if otherwise disposed of, would be considered a hazardous waste;

(16) Any zinc-containing floor finish or a stripper solution that has been used for the stripping of a zinc-containing floor finish, except when the solutions have been treated in a pretreatment unit approved by the Director for removal of zinc; or

(17) Fixer solution without prior pretreatment to meet all applicable limits per Section 16.09.055 of this Chapter.

(c) Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the sanitary sewer system.

16.09.045 National Categorical Pretreatment Standards.

(a) Industrial users shall comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. In the event of any apparent conflicts between this Chapter and State or Federal regulations, the most stringent provisions shall apply.

(b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

16.09.050 Standards for Other Wastes.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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The Director may establish standards for any wastes not specifically referred to in this Chapter.

These standards shall be published and shall be made available to any person upon request.

16.09.055 Local Limits.

(a) The Director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

(b) The Director may develop best management practices (BMPs), by promulgation of regulations, in individual wastewater discharge permits, or in general discharge permits, to implement local limits and the requirements of this Chapter. The Director may require the implementation of BMPs and require submission of information to evaluate the implementation and effectiveness of BMPs.

(c) The following pollutant limits are established to protect against pass through and interference. Unless otherwise specified in this Chapter, no person shall discharge wastewater containing in excess of the following:

0.1 mg/L Arsenic

5.0 mg/L Barium

0.75 mg/L Beryllium

1.0 mg/L Boron

0.1 mg/L Cadmium

1.0 mg/L Chromium, Hexavalent

2.0 mg/L Chromium, Total

1.0 mg/L Cobalt

0.25 mg/L Copper

0.5 mg/L Cyanide

0.1 mg/L Dissolved Sulfides
65 mg/L Fluoride

5.0 mg/L Formaldehyde

0.5 mg/L Lead

1.0 mg/L Manganese

0.1 mg/L Mercaptans

0.01 mg/L Mercury

0.75 mg/L Methyl Tertiary Butyl Ether (MTBE)

0.5 mg/L Nickel
20 mg/L Oil & Grease
200 mg/L Oil & Grease, Total

1.0 mg/L Phenols

1.0 mg/L Selenium

0.25 mg/L Silver
5,000 mg/L Total Dissolved Solids (TDS) – composite
Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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10,000 mg/L Total Dissolved Solids (TDS) – grab

0.75 mg/L Toxic Organic, Single (STO)

1.0 mg/L Toxic Organics, Total (TTO)
3,000 mg/L Total Suspended Solids (TSS) – composite
6,000 mg/L Total Suspended Solids (TSS) – grab

2.0 mg/L Zinc

(d) The limits established in subsection (c) of this Section are instantaneous limits, unless indicated otherwise, and shall apply to all discharges to the POTW at appropriate sampling locations determined by the Director. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limitations in addition to the concentration-based limitations established in subsection (c) of this Section.

(e) The Director may verify compliance with the TTO limit established in subsection (c) of this Section by sampling and analyzing for only those toxic organic compounds that the Director has determined may be reasonably expected to be present in an industrial user’s discharge.

(f) For industrial users with average daily discharges greater than 50,000 gpd through any single sampling location, pollutant limits shall be one-half of the limit established in subsection (c) of this Section, with the exception of copper, mercury, MTBE, nickel, and silver, for which the pollutant limits shall remain 0.25 mg/L, 0.01 mg/L, 0.75 mg/L, 0.5 mg/L, and 0.25 mg/L, respectively, regardless of flow.

(g) The limit for copper established in subsection (c) of this Section shall apply to all industrial users, except that:

(1) The maximum copper limit shall be 2.0 mg/L for discharges from cooling systems with an average daily blowdown less than or equal to 2,000 gpd, photographic materials processing, dental facilities, vehicle service facilities, and machine shops.

(A) The copper limit for cooling systems with an average daily blowdown greater than 2,000 gpd shall be 2.0 mg/L for the first twelve months of operation. The copper limit shall be reduced to

0.25 mg/L after the first twelve months of operation.
(B) The Director may impose a higher alternative copper limit for cooling towers when the cycles of concentration routinely exceed ten. The alternative requirement may consist of an alternative concentration limit, a mass limit, a specified maintenance program, or a combination of these.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(2) Industrial users subject to regulation under 40 CFR Part 413 or 40 CFR Part 433 shall meet either subdivision (A) or (B) of this subsection. These alternative copper limitations shall apply to discharges from process operations involving copper solutions or materials prior to mixing with wastewater not regulated by 40 CFR Part 413 or 40 CFR Part 433.

(A) The annual average concentration of copper discharged shall not exceed 0.40 mg/L. In addition, all reasonable control measures established by the Director shall be installed and implemented; or (B) The annual average mass of copper discharged shall not exceed an amount specified by the Director in an individual wastewater discharge permit, which is based upon a waste minimization study conducted or approved by the Director. The limitation shall be based upon implementation of those reasonable control measures having a simple payback period of five years or less. The annual average mass of copper discharged shall be calculated as a “rolling” measurement, by multiplying the average daily copper mass for all samples taken during any twelve-month period by 365.

The annual average copper mass limit may be increased or decreased by the Director in proportion to increases or decreases in production at the industrial user’s facility.

(h) The limit for zinc established in subsection (c) of this Section shall not apply to vehicle service facilities. The maximum zinc limit for vehicle service facilities shall be 4.0 mg/L.

16.09.060 City’s Right of Revision.

The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, or in general discharge permits, more stringent standards or requirements on discharges to the POTW to carry out the purpose of this Chapter. No revision of standards or requirements hereunder shall subject the City to civil liability or penalty for interference with a vested right of any discharger.

16.09.065 Dilution.

Except where expressly authorized to do so by the Director or an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any way, dilute or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement or any other provision of this Chapter. The Director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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16.09.070 Unpolluted Water.

Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system unless specifically authorized in writing by the Director. As used in this Section, unpolluted water includes, but is not limited to, stormwater, surface water, groundwater, artesian well water, and subsurface drainage which meets all State, Federal, and local requirements for discharge to surface waters of the United States. The Director may approve the discharge of such water to the sanitary sewer system only when no reasonable alternative method of disposal is available.

16.09.075 Discharge Permit Required.

(a) Significant industrial users must obtain an individual wastewater discharge permit to discharge process wastewater into the POTW.

(b) The Director may require other industrial users to obtain individual wastewater discharge permits or general discharge permits as necessary to carry out the purpose of this Chapter.

(c) Any violation of the terms and conditions of an individual wastewater discharge permit or a general discharge permit shall be deemed a violation of this Chapter and subjects the permittee to the enforcement provisions set forth in this Chapter. Obtaining an individual wastewater discharge permit or a general discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law, including those that become effective during the term of the discharge permit.

(d) Any industrial user required to obtain an individual wastewater discharge permit or a general discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for an individual wastewater discharge permit or general discharge permit, in accordance with Section 16.09.080 of this Chapter, must be filed at least ninety (90) calendar days prior to the date upon which any discharge will begin or recommence.

(e) The Director may use general discharge permits to control industrial waste discharges to the sanitary sewer system if the following conditions are met. All facilities to be covered by a general discharge permit must:

(1) Involve the same or substantially similar types of operations;

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(2) Discharge the same types of wastes;

(3) Require the same effluent limitations;

(4) Require the same or similar monitoring; and

(5) In the opinion of the Director, are more appropriately controlled under a general discharge permit than under individual wastewater discharge permits.

(f) An individual wastewater discharge permit or general discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, ensure compliance with this Chapter and applicable State and Federal law, and protect against damage to the POTW. Individual wastewater discharge permits or general discharge permits may include, but are not limited to the following conditions:

(1) An effective date and expiration date. The expiration date is not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit or general discharge permit may be issued for a period less than five years from the effective date of the permit, at the discretion of the Director;

(2) Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW and compliance schedules for meeting these requirements;

(3) Effluent limitations, including BMPs, based upon applicable pretreatment standards or requirements;

(4) Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include implementation requirements for best management practices, identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;

(5) Prohibition of discharge of certain wastewater components;

(6) Installation and maintenance of inspection, sampling, and flow measurement equipment and facilities;

(7) Limits on average and/or maximum rate of discharges, time of discharge, and/or requirements for flow regulation and equalization; Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(8) Requirements to control slug discharge, if determined by the Director to be necessary;

(9) Requiring payment of additional charges to defray increased costs of the City created by the wastewater discharge;

(10) Implementation of BMPs, specific investigations, or studies to determine methods of reducing pollutants in the discharge;

(11) The process for seeking a waiver from monitoring and any grant of a monitoring waiver issued by the Director for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 16.09.100 of this Chapter.

(12) Statement of non-transferability pursuant to subsection (g); and

(13) Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule.

(g) No individual wastewater discharge permit or coverage under a general discharge permit is transferable without prior written consent of the Director. A change of ownership (including a transfer of the majority of shares in a corporate discharger) of the waste generating facility requires submittal of a new discharge permit application and payment of applicable fees.

16.09.080 Discharge Permit Application Procedure.

(a) An applicant for a discharge permit shall complete and submit a discharge permit application form established by the Director. The Director may require information in addition to that required on the discharge permit application form as deemed reasonable or necessary to evaluate the discharge permit application.

(b) All wastewater discharge permit applications and industrial user reports must contain certification statements signed by an authorized representative.

(c) Completed discharge permit applications shall be filed by the discharger not less than ninety (90) calendar days in advance of commencing or recommencing discharge. The discharger shall not commence or recommence discharge prior to obtaining a discharge permit without specific, interim approval from the Director to discharge during the permitting process.

Discharge permit applications for exceptional waste and root and pest control, as specified in Sections 16.09.180 and 16.09.185 of this Chapter, are not subject to the ninety (90) calendar day requirement of this subsection.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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(d) Any industrial user with an expiring individual wastewater discharge permit or general discharge permit shall apply for permit reissuance by submitting a complete discharge permit application, in accordance with Section 16.09.080 of this Chapter, not less than ninety (90) calendar days prior to the expiration of the industrial user’s existing individual wastewater discharge permit or general discharge permit.

(e) The Director may deny any application for an individual wastewater discharge permit or coverage under a general discharge permit for good cause, including, but not limited to, the following reasons:

(1) The application contains false or misleading information;

(2) The issuance of the discharge permit would result in a discharge of such quantity or strength that the public health, safety, or public or private property are endangered;

(3) The issuance of the discharge permit would cause the POTW to violate any NPDES permit conditions, or any Federal, State, or local laws or regulations;

(4) The applicant has not provided adequate information to establish that its discharge will comply with all requirements of this Chapter and with such other terms and conditions as the Director may deem necessary to include in the applicant's discharge permit;

(5) The applicant has not provided plans for sufficient protection from accidental discharges to the land, storm drain system, or sanitary sewer system; or

(6) The applicant has failed to pay or has outstanding fees, fines, or penalties owed to the City.

(f) If the Director denies a permit application, application fees shall not be returned to the applicant unless the Director has ascertained that a permit is not required to discharge the wastewater for which the permit application is made.

(g) Incomplete or inaccurate applications will not be processed.

(h) The Director shall post applications for wastewater discharge permits by significant industrial users on a City web page. Interested parties and other members of the public may comment on the issuance of a permit within forty-five (45) days of issuance. The permit effective date shall not be postponed solely because of the submittal of comments, however comments shall be considered by the Director for incorporation into future permit modification(s).

16.09.085 Discharge Permit Modification.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(a) The Director may modify any individual wastewater discharge permit or general discharge permit for good cause, including, but not limited to, the following reasons:

(1) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the discharger's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;

(5) Violation of any terms or conditions of the wastewater discharge permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7) Revision of or a grant of variance from categorical pretreatment standards;

(8) To correct typographical or other errors in the wastewater discharge permit;

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 16.09.075(g) of this Chapter; or

(10) To implement programs or policies required or requested of the City by appropriate Federal, State, or local regulatory agencies.

16.09.090 Inspection and Sampling.

(a) The Director may conduct all inspection, surveillance, sampling, records examination and copying, and monitoring necessary to assure compliance with applicable Federal, State, and local regulations.

(b) The Director shall have the right to enter, without unreasonable delay, the premises of any discharger for the purposes of inspection, surveillance, sampling, monitoring, Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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records examination and copying, and for performance of any additional duties to assure compliance with this Chapter and applicable Federal, State, and local regulations. Unreasonable delays in allowing the Director access to the discharger’s premises shall be a violation of this Chapter.

(c) If the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the Director may seek issuance of a warrant from the Superior Court of California.

(d) Where a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(e) The Director may require dischargers to provide and maintain one or more sampling locations or volume and flow measuring points approved by the Director which will allow the separate measuring and sampling of industrial waste and sewage. Sampling locations shall be so located that they are safe and accessible to the Director at any reasonable time during which discharge may occur.

(f) The Director shall have the right to set up on the discharger’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger’s operations.

16.09.095 Self-Monitoring.

(a) The Director may require a discharger to conduct a wastewater sampling and analysis program of a frequency and type sufficient to demonstrate compliance with the requirements of this Chapter. The Director shall specify the minimum frequency, type, and number of samples as well as flow monitoring, measuring, and sample analyses to be conducted by the discharger in the discharge permit. Monitoring not specified in a discharge permit may be required by the Director as deemed reasonable or necessary to ensure compliance with the provisions of this Chapter. The Director may also require self-monitoring for facilities for which a discharge permit has not been issued.

(b) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis and must be representative of the discharger’s discharge. Wastewater monitoring and flow measurement facilities shall be properly Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

(c) Except as indicated in subsections (d) and (e) below, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director.

Where time-proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director, as appropriate.

(d) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(e) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For PRCCs, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(f) The Director may authorize an industrial user to sample for a subset of toxic organic compounds to verify compliance with the TTO limit established in Section 16.09.055 of this Chapter based on what the Director has determined may be reasonably expected to be present in an industrial user’s discharge.

(g) The Director may specify the type of sampling, pH, and flow monitoring equipment that must be installed by the discharger and used for discharger self-monitoring. Flow monitoring devices shall be calibrated at a frequency of at least once per year or at an alternative frequency specified by the Director. pH monitoring devices shall be calibrated at a frequency of at least once every six months or more frequently if recommended by the manufacturer or at an alternative frequency as specified by the Director.

(h) All pollutant analyses, including sampling techniques, to be submitted as part of a discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures suggested by the Director or other parties approved by the EPA. Samples shall be obtained and analyzed at the discharger’s expense. Samples shall be analyzed by a laboratory accredited by the California State Water Resources Control Board for the pollutant or pollutant properties being analyzed.

(i) The detection limit used by the discharger for those substances reported as non- detectable shall be no greater than one-tenth the lowest applicable pretreatment standard.

(j) Records of self-monitoring shall include the following:
(1) Sample Collection Information: date, location, method, preservation, time, and the name of individual collecting the samples;

(2) Analytical Information: dates, names of analysts, techniques or methods used, and the results of such analyses.

(k) All records generated pursuant to this Section shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter.

16.09.100 Monitoring Waiver.

(a) The Director may authorize an industrial user subject to categorical pretreatment standards to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the industrial user’s discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.

(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The industrial user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed by an authorized representative of the industrial user and include the certification statement in 40 CFR 403.6(a)(2)(ii).

(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6) Any grant of the monitoring waiver by the Director must be included as a condition in the industrial user’s discharge permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver shall be maintained by the Director for a period of three (3) years after expiration of the waiver.

(7) Upon approval of the monitoring waiver and revision of the industrial user’s discharge permit by the Director, the industrial user must certify on each report that there has been no increase in the pollutant in its wastestream due to activities of the industrial user, in accordance with the reporting requirements in 40 CFR 403.12(e)(2)(v).

(8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the industrial user’s operations, the industrial user shall immediately notify the Director and shall monitor for the waived pollutant at least once during each PRCC reporting period or more frequently if directed by the Director.

(b) This Section does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

16.09.105 Pretreatment Facilities.

(a) Industrial users shall provide wastewater pretreatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions contained in Section 16.09.040 of this Chapter within the time limitations specified by EPA, the State, or the Director, whichever is most stringent. Industrial users shall, at all times, properly operate and maintain all facilities and systems of treatment, disposal, monitoring, and control (and related appurtenances) which are installed or used by the industrial user to achieve compliance with this Chapter and/or their wastewater discharge permit. Any facilities necessary for compliance shall be provided, operated, and maintained at the industrial user’s expense. All required facilities and systems of treatment and operations and Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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maintenance procedures shall be described in detailed plans, operations and maintenance manuals, and standard operating procedures. Plans, operations and maintenance manuals, and standard operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities and/or procedures are constructed and/or implemented. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities and/or procedures as necessary to produce a discharge acceptable to the City under the provisions of this Chapter. Industrial users shall keep in a state of readiness all systems installed to achieve compliance with the provisions of this Chapter and/or their wastewater discharge permit. All systems, both those in service and reserve, shall be inspected and maintained on a regular basis.

(b) Inspection and maintenance records for process and pollution control and monitoring systems shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter.

(c) It shall be unlawful to tamper with, divert flow from, or render inaccurate any monitoring device or equipment installed or operated to comply with pretreatment standards or requirements, this Chapter, or a discharge permit. Doing so constitutes falsification of information as described in Section 16.09.145 of this Chapter.

(d) Whenever deemed necessary, the Director may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this Chapter.

(e) The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

(f) The Director may require any discharger to install settling chambers or equivalent pretreatment systems where necessary to prevent the entry of inert solids into the sanitary sewer system. For the purposes of this Section, “inert solids” shall mean solid substances including, but not limited to: sand, rocks, dirt, glass, metal, wood, bone, or plastic;

(g) Grease, oil, and sand interceptors shall be provided by the discharger when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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interceptors shall be inspected, cleaned, and repaired at the discharger’s expense in accordance with guidelines established by the Director. This subsection shall apply in addition to any applicable requirements of Chapter 16.13 of this Code.

16.09.110 Personnel Orientation.

(a) Dischargers shall take necessary steps to inform appropriate personnel of the provisions of this Chapter and specifically, any operations and maintenance manuals and standard operating procedures required by this Chapter. Such personnel shall include, but not be limited to, workers, contractors, supervisors, and managers whose duties or responsibilities pertain in any manner to the production, treatment, or disposal of wastes regulated by this Chapter.

(b) Steps to inform such personnel shall include, but not be limited to:

(1) Orientation of newly employed or assigned personnel prior to commencement of work and at least annually thereafter;

(2) Posting of signs at work areas indicating approved methods for disposition of wastes and reporting requirements and instructions for accidental spills and increased loadings; and

(3) Posting of signs visible from each drainage area (sink, cup sink, floor drain, etc.) not connected to appropriate treatment indicating “NOTICE – DO NOT DISPOSE OF CHEMICALS IN THIS DRAIN” or equivalent.

(c) All signs shall be translated into the primary language(s) of personnel whose duties or responsibilities pertain in any manner to the production, treatment or disposal of wastes regulated by this Chapter, unless the primary language of all personnel is English.

16.09.115 Accidental Discharge Prevention.

(a) Industrial users shall provide adequate protection to prevent accidental discharge of hazardous or prohibited materials, slugs, or other wastes regulated by this Chapter. Where directed by the Director the industrial user shall install retention basins, dikes, storage tanks, or other facilities in conformance with Title 17 of this code designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes which may be accidentally discharged in violation of Chapter 16.09.

(b) Each industrial user shall notify the City immediately of any changes at its facility affecting the potential for a slug discharge as required by Section 16.09.135 of this Chapter.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(c) The Director may require any industrial user to develop, submit, and implement a slug control plan or take such other action that may be necessary to control slug discharges. A slug control plan shall contain, at a minimum, the following:

(1) Description of discharge practices, including non-routine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the Director of slug discharges, as required by Section 16.09.135 of this Chapter; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

16.09.120 Reporting and Certification Requirements for Industrial Users.

(a) Industrial users are subject to the reporting and certification requirements contained in Title 40 CFR Part 403.

(b) Industrial users shall submit PRCCs to the Director every six months, on January 15th and July 15th of each calendar year. The Director may require more frequent reporting for individual industrial users as deemed reasonable or necessary to ensure compliance with the provisions of this Chapter.

(c) All PRCCs must be signed by an authorized representative and contain appropriate certification statements. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.

(d) PRCCs shall be completed according to guidelines established by the Director. In cases where a pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user must submit documentation required by the Director or the categorical pretreatment standard necessary to determine the compliance status of the industrial user.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(e) The Director may require information on facility operations in addition to that required on PRCC forms as deemed necessary to evaluate industrial user compliance during the reporting period.

(f) If an industrial user subject to the reporting requirements in this Chapter monitors any regulated pollutant at an appropriate sampling location more frequently than required and in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, the results of this monitoring shall be reported in the industrial user’s PRCC.

(g) A discharger determined to be a non-significant categorical industrial user by the Director pursuant to Section 16.09.015(s)(5)(C) of this Chapter must annually submit the signed certification in accordance with 40 CFR 403.3(v)(2) and an alternative PRCC required by the Director.

(h) The Director may establish an electronic submittal program for submission of reports, documents, and data pursuant to 40 CFR Part 3.

(i) Industrial users that send electronic (digital) documents to the Director to satisfy the requirements of this Section must meet all Federal, State, and local electronic signature requirements. Electronic data shall be in a format required by the Director. The Director may require reporting in both digital and traditional format.

(j) Industrial users that send electronic documents to the Director to satisfy the requirements of this Section must register for the system online and submit a signed subscriber agreement to the Director. An electronic submission shall be deemed to have been properly received by the Director when it is received by the electronic system, accessible by RWQCP staff and a confirmation is sent to the signatory making the submission. When the sender receives confirmation and can fully review the submitted materials, the report and related data shall be considered received.

(k) Electronic submittal of reports, documents, and data by any person under an electronic submittal program established by the Director is subject to the following requirements:

(1) A person is subject to any appropriate civil or criminal penalties, or other remedies under Federal, State or local law for failure to comply with a reporting requirement if the person does not comply with the applicable provisions of the established electronic submittal program;

(2) In the event that any submittal under the established electronic submittal program bears an electronic signature, the electronic signature has the same effect under this Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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Section as if the submitting person had instead submitted a paper document with a wet signature;

(3) Proof that a particular electronic signature device was used to create an electronic signature included in reports, documents or data submitted under the established electronic submittal program shall be sufficient to establish that the individual uniquely entitled to use the electronic signature device at the time of signature did so with the intent to sign the electronic report, document or data and thereby validate and give effect to the electronic submittal; and

(4) Nothing in the established electronic submittal program limits the use of the electronically submitted reports, documents, or data or any information contained therein as evidence in enforcement proceedings.

(l) Failure to submit required reports by the specified due date shall be considered a violation of the provisions of this Chapter. The Director may allow submission of required reports on the following business day in instances where the due date falls on a weekend or a holiday.

16.09.125 Reports from Unpermitted Users.

Dischargers not required to obtain an individual wastewater discharge permit or coverage under a general discharge permit shall provide reports to the Director as deemed reasonable or necessary by the Director.

16.09.130 Reports of Changed Conditions and Final Closure.

Each industrial user shall notify the Director of any significant changes to the industrial user’s operations or system which might alter the nature, quality, or volume of its wastewater, including but not limited to facility or process closure, at least thirty (30) calendar days before the change.

(a) The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 16.09.080 of this Chapter.

(b) The Director may issue an individual wastewater discharge permit or a general discharge permit under Section 16.09.075 of this Chapter or modify an existing individual wastewater discharge permit or a general discharge permit under Section 16.09.085 of this Chapter in response to changed conditions or anticipated changed conditions.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(c) For the purposes of this Section, “final closure” means closure of an industrial or commercial facility when an entire building is being vacated by the current discharger, or when a discharger’s use of an entire building will no longer include use of hazardous materials. Prior to final closure of any industrial or commercial facility, the Director may require cleaning, inspection, and/or testing of the facility’s sanitary sewer lines, appurtenances, and/or devices at the discharger’s expense to ensure that the integrity of the sewer lines has not been compromised and to determine the quantity and pollutant content of sediments. Inspection and/or testing to ensure the integrity of sewer lines may be required at the discharger’s expense when the discharger’s discharge history at that facility includes pH fluctuations, or when past discharges may have compromised or call into question the integrity of the sewer lines.

Inspection and/or testing to determine the quantity and pollutant content of sediments may be required when the discharger’s type of operations and pollutant content of discharges make the presence of contaminated sediments likely. Inspection and testing may include, but not be limited to, pressurized testing, smoke testing, video camera inspection, and/or analytical testing of sediments for pollutants regulated by the discharger’s discharge permit. Where contaminated sediments or compromised sewer lines are identified, responses may include, but are not limited to, requiring replacement of compromised sewer lines and requiring removal of contaminated sediments from sewer lines at discharger’s expense. In lieu of analytical testing, facilities may elect to remove sediments from sewer lines in a manner approved by the Director.

16.09.135 Reports of Potential Problems and Accidental Discharges.

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug discharge that might cause problems for the POTW, the discharger shall immediately telephone and notify the Director of the incident at (650) 329-2122 or (650) 329-2598. If the discharger is unable to reach a live person at the POTW, the industrial user shall immediately notify the City by calling the City of Palo Alto 24-hour Dispatch Center at (650) 329-2413. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the discharger.

(b) The discharger shall immediately take action to stop, contain, and cleanup unauthorized discharges or otherwise stop the noncompliance with this Chapter, and correct the problem.

(c) Unless directed otherwise by the Director, as soon as practicable and throughout the incident, the discharger shall collect representative samples at the point of release and at any impacted sampling location(s) and provide analytical results to the Director.

(d) Within five (5) business days following such discharge, the discharger shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the discharger to prevent similar future occurrences. Such Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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notification shall not relieve the discharger of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the discharger of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

(e) A notice shall be permanently posted on the discharger’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (a), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

(f) Significant industrial users are required to notify the Director immediately of any change at its facility affecting the potential for a slug discharge.

16.09.140 Reports of Noncompliance.

(a) Noncompliance with the provisions of this Chapter, or the provisions of any discharge permit issued pursuant to this Chapter shall be reported to the Director within twenty-four (24) hours of becoming aware of the noncompliance. Reports of noncompliance related to discharge that might cause potential problems for the POTW are to be reported pursuant to section 16.09.135 of this Chapter. If the noncompliance is related to sampling performed by an industrial user, the industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) calendar days after becoming aware of the noncompliance. Resampling by the industrial user is not required if the City performs sampling at the industrial user’s facility at least once a month, or if the City performs sampling at the industrial user’s facility between the time when the initial sampling was conducted and the time when the industrial user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.

(b) Such notification shall not relieve the discharger of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the discharger of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

16.09.145 Falsification of Information.

It shall be unlawful for any person to make any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, an individual wastewater discharge permit, general discharge permit, or order issued hereunder, or who falsifies, tampers with, diverts flow from, or knowingly renders inaccurate any monitoring device or method required under this Chapter. A person who knowingly makes any such false statements, representations, or certifications shall be subject to:

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(a) The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;

(b) The provisions of Section 309(c)(4) of the Clean Water Act (33 U.S.C. Section 1319(c)(4) as amended, governing false statements, representations or certification;

(c) The provisions of Section 309(c)(6) of the Clean Water Act (33 U.S.C. Section 1319(c)(6) regarding responsible corporate officers; and

(d) Enforcement under Section 16.09.200 of this Chapter.

16.09.150 Date of Receipt of Reports.

Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

16.09.155 Retention of Records.

Industrial users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying without unreasonable delay, all records of information obtained pursuant to this Chapter including, but not limited to, any required monitoring activities, any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements, hazardous waste manifests, and documentation associated with BMPs. This includes electronic data and information records maintained and/or submitted in accordance with Section 16.09.120 of this Chapter. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. All records required to be maintained by this Chapter shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any unresolved litigation concerning the industrial user or the City, or where the industrial user has been specifically notified of a longer retention period by the Director.

16.09.160 Requirements for Sinks and Drains.

(a) Interior (indoor) floor drains may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids, or vehicle equipment cleaning wastewater are used or stored. The Director may allow an exception to this requirement under the following circumstances:

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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(1) When the drain is connected to a wastewater treatment unit approved by the Director;

(2) When the drain is protected from spills by a berm system;

(3) When secondary containment is provided for all such materials and equipment;

(4) For safety showers: When the drain is installed with a temporary plug which remains closed except when the shower is in use, or when the drain is protected from spills by either a covered sump or berm system;

(5) For industrial process equipment: If the equipment does not contain hazardous materials or hazardous waste and if all floor drains are equipped with fail-safe valves which shall be kept closed during periods of operation.

(b) Exterior (outdoor) drains may be connected to the sanitary sewer system only if the area in which the drain is located is covered and protected from rainwater run-on by berms and/or grading, and appropriate wastewater pretreatment approved by the Director is provided.

(c) Aspirators connected to laboratory sink faucets are prohibited. Aspirators designed and used for transferring acids and bases from stationary, permanent laboratory sinks to treatment facilities shall be allowed.

(d) No chemicals or hazardous material shall be stored above a sink that is connected to the sanitary sewer system. Laboratory countertops and laboratory sinks shall be separated by a berm which prevents hazardous materials spilled on the countertop from draining to the sink.

(e) Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the Director. The Director may grant an exception to this requirement for areas where mercury or mercury-containing equipment will not be stored or used; provided, that in the event such an exception is granted and mercury or mercury-containing equipment is subsequently stored or used in the area, the sink trap shall be retrofitted at the discharger’s expense to meet this requirement prior to storage or use of mercury or mercury-containing equipment.

16.09.165 Requirements for Newly Constructed, Remodeled, Improved, or Converted Commercial and Industrial Facilities.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
40 Packet Pg. 200 of 436

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(a) The following requirements apply, where applicable or necessary to effectuate the objectives of this Chapter, to new construction, remodels, improvement, or conversions of commercial and industrial facilities that require a planning entitlement or building permit from the City:

(1) Dischargers of industrial waste shall be in full compliance with the provisions of this Chapter prior to commencement of discharge into the sanitary sewer system;

(2) Upon request of the Director, dischargers shall complete a waste minimization study in accordance with guidelines established by the Director;

(3) Industrial waste shall be separated from sewage by means of separate plumbing prior to a point determined acceptable by the Director for location of industrial waste pretreatment and/or monitoring equipment;

(4) Sinks as well as exterior and interior drains are subject to the requirements of and shall be in compliance with Section 16.09.160 of this Chapter;

(5) Copper, copper alloys, lead, and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sanitary sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical;

(6) Sacrificial zinc anodes are not permitted to be in contact with the water supply in a water distribution system;

(7) Discharge drains for pools, spas, and fountains shall not be connected directly to the storm drain system or to the sanitary sewer system.

(8) If installed, parking garage floor drains on interior levels shall be connected to an oil-water separator prior to discharging to the sanitary sewer system. The oil-water separator shall be cleaned at a frequency of at least once every twelve (12) months or more frequently if recommended by the manufacturer or required by the Director. Installation, certification, and maintenance records shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter. Oil-water separators shall have a minimum capacity of 100 gallons;

(9) Mercury switches shall not be installed in sewer or storm drain sumps;

16.09.170 Requirements for Newly Constructed, Remodeled, Improved, or Converted Multiple-Family Use Residential Properties.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
41 Packet Pg. 201 of 436

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(a) The following requirements apply, where applicable or necessary to effectuate the objectives of this Chapter, to newly constructed, remodeled, improved, or converted multiple- family use residential properties that require a planning entitlement or building permit from the City to the extent that the portion of the property to be constructed, remodeled, or converted is related to the subject of the requirement:

(1) Sinks as well as interior and exterior drains are subject to the requirements of and shall be in compliance with Section 16.09.160 of this Chapter;

(2) Copper, copper alloys, lead, and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sanitary sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical;

(3) Sacrificial zinc anodes are not permitted to be in contact with the water supply in a water distribution system;

(4) Discharge drains for pools, spas, and fountains shall not be connected directly to the storm drain system or to the sanitary sewer system. When draining is necessary the discharge to the sanitary sewer system will be allowed pursuant to permitting requirements under Section 16.09.180.

(5) If installed, parking garage floor drains on interior levels shall be connected to an oil-water separator prior to discharging into the sanitary sewer system. The oil-water separator shall be cleaned at a frequency of at least once every twelve (12) months or more frequently if recommended by the manufacturer or required by the Director. Installation, certification, and maintenance records shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter. Oil-water separators shall have a minimum capacity of 100 gallons;

(6) Newly constructed, remodeled or converted multiple-family use residential properties and residential development projects with 25 or more units shall provide a covered area for occupants to wash their vehicles. A drain shall be installed to capture all vehicle washwaters and shall be connected to an oil-water separator prior to discharge to the sanitary sewer system. The oil-water separator shall be cleaned at a frequency of at least once every twelve (12) months or more frequently if recommended by the manufacturer or required by the Director. Oil-water separators shall have a minimum capacity of 100 gallons. The area shall be graded or bermed in such a manner as to prevent the discharge of stormwater to the sanitary sewer system. This requirement can be exempted if no washing is allowed on-site via rental/lease agreement, any hose bibs are to be fitted with lock-outs or other connection controls, and signage is posted indicating that car washing is not allowed;

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
42 Packet Pg. 202 of 436

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(7) Mercury switches shall not be installed in sewer or storm drain sumps;

16.09.175 Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers, and Heat Exchangers.

(a) Once-through cooling water from systems using potable water as a coolant shall not be discharged to the sanitary sewer system except in the following instances:

(1) Emergency;
(2) For once-through cooling water used for bench top reflux or distillation or other similarly sized activity; or
(3) For short term use only, upon the determination that the use is for a research activity for which another source of cooling is not readily available.

(b) No person shall add to cooling systems, pools, spas, fountains, boilers, or heat exchangers, any substance that contains any of the following:

(1) Chromium in excess of 2.0 mg/L;

(2) Copper in excess of 2.0 mg/L;

(3) Zinc in excess of 2.0 mg/L;

(4) Tributyltin in excess of 0.1 mg/L or

(5) Molybdenum in excess of 2.0 mg/L.

The above limits shall apply to any of the above-listed substances pri to dilution in the cooling system, pool, spa, fountain, boiler, or heat exchanger.

(d) Devices using electricity to dissolve copper or silver into water distribution systems, cooling systems, pools, spas, or fountains must be authorized by the Director in writing.

16.09.180 Requirements for Exceptional Waste.

(a) A discharger may submit a discharge permit application form established by the Director to request to discharge prohibited wastes not in conformance with this Chapter or wastes containing concentrations of substances or characteristics in excess of those permitted Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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by this Chapter. Discharge originating within the City of Palo Alto of such wastes shall not be allowed without first obtaining a discharge permit from the Director.

(b) Exceptional wastes, as used in this Section, are aqueous wastes that may include, but are not limited to:

(1) Construction site dewatering wastewater where soil or groundwater contamination is or may be present;

(2) Groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup and wastewater generated during sampling activities;

(3) Aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous wastes at the generator’s site;

(4) Aqueous wastes generated as a result of site cleanup activities;

(5) Pool drainage greater than 20,000 gallons. Pools that are 20,000 gallons or less may be drained with a hose or other temporary system or a fixed pipe with an air gap an receiving sink to a discharger’s sanitary sewer cleanout pursuant to Section 16.09.170 without an Exceptional Waste Discharge Permit if done so during dry weather and at a rate of 30 gpm or less; or

(6) Fire sprinkler system flush, test, or drain water discharged at a rate greater than 30 gpm. Fire sprinkler system flush, test, or drain water discharged at a rate less than 30 gpm may be drained to a discharger’s sanitary sewer cleanout without an Exceptional Waste Discharge permit.

16.09.185 Root and Pest Control Chemical Use.

(a) No person shall discharge, dispose of or add to the sanitary sewer system any substance intended to control roots or pests without first obtaining a discharge permit from the Director. Applicants for a discharge permit shall submit a completed discharge permit application form established by the Director.

(b) The Director may impose terms and conditions in the discharge permit which the Director deems reasonable or necessary to carry out the purpose of this Chapter.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
44 Packet Pg. 204 of 436

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(c) No person shall discharge, dispose of, or add to the sanitary sewer system any substance containing greater than five percent copper by weight, or copper sulfate in any amount, to control roots.

(d) The provisions of this Section shall not apply to discharges from residential properties.

16.09.190 Requirements for Dental Facilities.

(a) Except as provided in Subsection (b) below, no person shall discharge, cause, allow, or permit any discharge to the sanitary sewer system from a dental vacuum system, unless such discharge has first been processed through an amalgam separator as defined by Section

16.09.015 of this Chapter.

(b) A dental vacuum system may be operated without an amalgam separator provided that the system is not used in connection with the removal or placement of fillings that contain dental amalgam except in limited emergency or unplanned, unanticipated circumstances, and the system is used exclusively by the following types of dental practices:

(1) Oral Pathology;

(2) Oral and Maxillofacial Radiology;

(3) Oral and Maxillofacial Surgery;

(4) Orthodontics;

(5) Periodontics; or

(6) Prosthodontics.

(d) Dental dischargers that remove or place dental amalgam shall comply with the following BMPs:

(1) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter;

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(2) Amalgam separator(s) shall be inspected in accordance with the manufacturer’s operating manual to ensure proper operation and maintenance of the separator(s) and to confirm that all amalgam process wastewater is flowing through the amalgam retaining portion of the amalgam separator(s). In the event that an amalgam separator is not functioning properly, the amalgam separator must be repaired consistent with manufacturer instructions or replaced with a compliant unit within ten (10) business days after the malfunction is discovered by the dental discharger;

(3) Amalgam retaining units shall be replaced in accordance with the manufacturer’s schedule as specified in the manufacturer’s operating manual or when the amalgam retaining unit has reached the maximum level, as specified by the manufacturer in the operating manual, at which the amalgam separator can perform to the specified efficiency, whichever comes sooner;

(4) Dental office personnel who handle amalgam and amalgam waste shall be trained in the proper handling, management, and disposal of mercury-containing materials.

Training records shall be maintained and made available for inspection and copying in accordance with Section 16.09.155 of this Chapter;

(5) Amalgam waste including, but not limited to dental amalgam from chair- side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices shall not be discharged to the sanitary sewer system. Amalgam waste shall be stored, managed and disposed in accordance with applicable Federal, State, and local regulations including the following;
(A) Store and dispose of used chair-side traps, vacuum pump filters, screens, and their contents with amalgam waste.
(B) Store amalgam waste in airtight, structurally sound, and appropriately labeled containers.

(6) Oxidizing or acidic cleaners, including but not limited to bleach, chlorine, iodine, and peroxide, that have a pH lower than 6 or greater than 8 shall not be used to disinfect dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater to the sanitary sewer system; and

(7) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted.

(e) Records required to be kept pursuant to this Section shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter.

16.09.195 Publication of Users in Significant Noncompliance.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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The Director shall publish at least annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this Section, a significant industrial user (or any industrial user that violates subsections (c), (d), or (h) of this Section) is in significant noncompliance if its violation meets one or more of the following criteria:

(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six- (6-) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(b) Technical review criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

(e) Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety- (90-) day compliance reports, periodic self- monitoring reports (PRCC), and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance; or

(h) Any other violations or group of violations, which may include a violation of BMPs, which the Director determines will adversely affect the operation or implementation of the pretreatment program.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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16.09.200 Enforcement and Penalties.

(a) Warning. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue verbal or written warnings in response to minor violations of this Chapter. Compliance with warnings does not limit further enforcement action by the City.

Warnings shall not be a prerequisite to any other enforcement action, including permit suspension or revocation as described in subsection c below.

(b) Notice of violation. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that discharger a written notice of violation (NOV).

The NOV may include a deadline to correct such violation(s), or to respond with an explanation of the violation(s) and a plan for the satisfactory correction and prevention thereof. Submission of such a plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the NOV. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(c) Permit revocation or suspension. Subject to the procedural requirements of Section 16.09.205 of this Chapter, the Director may revoke or suspend an individual wastewater discharge permit or coverage under a general discharge permit for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the Director of changed conditions pursuant to Section 16.09.130 of this Chapter;

(3) Misrepresentation or failure to fully disclose all relevant facts in the discharge permit application;

(4) Falsifying self-monitoring reports and certification statements;

(5) Tampering with monitoring equipment;

(6) Refusing to allow the Director timely access to the facility premises and records;
Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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(7) Failure to meet effluent limitations;

(8) Failure to pay fees, fines, sewer charges, or penalties;

(10) Failure to meet compliance schedules;

(11) Failure to complete a discharge permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13) Violation of any pretreatment standard or requirement, term of the individual wastewater discharge permit, general discharge permit, or provision of this Chapter.

(d) Required installation of capture system. The Director may order that a discharger install, at the expense of the discharger, a temporary system for the capture, treatment, testing, and release (or off-haul) of wastewater, subject to the following:

(1) This requirement will apply to facilities that have produced multiple violations for the same parameter at the same sampling point or repeat violation of permit provisions, when the Director determines that appropriate corrective measures have proved difficult to identify or implement;

(2) This requirement will apply only to those specific areas of a facility from which the Director determines that the discharge or noncompliance may be originating, rather than to the entire flow from the facility, unless there is no reasonable way to determine where the discharge may be originating or to segregate said flows;

(3) If the Director determines that a capture system is impractical, the Director may require an alternative compliance measure of equivalent effectiveness; and

(4) This requirement will be terminated following a demonstration of compliance as determined by the Director. The sampling required to demonstrate compliance for violations of pollutant limits shall be set by the Director and may be up to twenty-one (21) consecutive business days of violation-free self-monitoring by the discharger followed by up to ten (10) days of violation-free sampling by the Director.

(e) Cease and desist orders. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the discharger’s past violations are likely to recur, the Director may issue an Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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order to the discharger directing it to cease and desist all such violations and directing the discharger to:

(1) Immediately comply with all pretreatment requirements and pretreatment standards contained in this Chapter; and

(2) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the discharger.

(f) Administrative compliance order. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue a compliance order to the discharger in accordance with Chapter 1.16 of this code. If the discharger does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated, in addition to any other relief allowed by Chapter 1.16 or any other law. Compliance orders also may contain other requirements to address the noncompliance, including additional self- monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the discharger of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the discharger.

(g) Administrative citation. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an administrative citation in accordance with Chapter 1.12 of this code. Issuance of an administrative citation shall not be a bar against, or a prerequisite for, taking any other action against the person.

(h) Emergency suspension. The Director may immediately order a discharger to suspend any discharge, after informal notice, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately order a discharger to suspend any discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Any discharger notified of a suspension shall immediately stop or eliminate its discharge. In the event of a discharger’s failure to immediately comply Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any persons. Such suspension shall be effective immediately, but shall be reviewable pursuant to the hearing process provided in Section

16.09.205 of this Chapter. The Director may allow the discharger to recommence its discharge when the discharger has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the emergency termination or permit revocation proceedings in Section 16.09.200 of this Chapter are initiated against the discharger.

(i) Emergency termination of discharge. The City reserves the right to revoke any permit issued pursuant to this Chapter and/or terminate or cause to be terminated sewer service to any premises for noncompliance with the provisions of this Chapter, an individual wastewater discharge permit, a general discharge permit, which reasonably appear to present an imminent endangerment to the health, safety, and welfare of persons. The discharger shall immediately cease any noncompliant discharge, upon verbal and/or written notice of the Director. Such termination shall be effective immediately, but shall be reviewable pursuant to the hearing process provided in Section 16.09.205 of this Chapter.

(j) Injunctive relief. When the Director finds that a discharger has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Superior Court of California through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general discharge permit, order, or other requirement imposed by this Chapter on activities of the discharger. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the discharger to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a discharger.

(k) Civil penalties.

(1) Any person who has violated, or continues to violate any provision of this Chapter, an individual wastewater discharge permit, a general discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day in which such violation occurs. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) The City may petition the Superior Court of California pursuant to Government Code Section 54740 to recover the sums in subsection (k)(1) of this Section as well as reasonable attorneys’ fees, court costs, and other expenses associated with enforcement Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

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activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a discharger.

(l) Criminal penalties. As provided in Chapter 1.08 of this code, violations of the provisions of this Chapter shall be subject to criminal penalties. The following employee positions are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of this Chapter: manager watershed protection, senior engineer, manager environmental control program, associate engineer, senior industrial waste investigator, industrial waste investigator, industrial waste inspector.

(m) Remedies nonexclusive. The remedies provided for in this Chapter are cumulative and not exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of this code, and all other remedies available to the City under Federal, State, or local law. The Director may take any, all, or any combination of these actions against a noncompliant discharger. Enforcement actions may be taken concurrently.

16.09.205 Permit Denial, Modification, Suspension, or Revocation Hearing.

(a) An applicant or permit holder shall have at its request, a hearing before the city manager, or their designee, before the applicant’s discharge permit application is denied, or before modification, subjugation to additional terms and conditions, reissuance, suspension, or revocation of a discharger’s discharge permit.

(b) The Director, or their designee, shall give the applicant or permit holder ten (10) calendar days written notice of intent to deny the applicant’s discharge permit application or to modify, make subject to additional terms, suspend, or revoke a discharge permit. Permit modifications that are requested by the discharger, that solely entail a permit term extension, or result from facility final closure are not subject to this notification requirement. The notice shall set forth specifically the grounds for the Director’s intention to deny the applicant’s discharge permit application, or to modify, make subject to additional terms, suspend, or revoke a discharge permit and shall inform the applicant or permit holder that they have ten (10) calendar days from the date of receipt of the notice to file a written request for a hearing. The application shall be denied or the permit shall be revoked, modified, or suspended if a hearing request is not received within the ten day period.

(c) If the applicant or permit holder file(s) a timely hearing request, the city manager, or their designee, shall within ten (10) calendar days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be represented by counsel.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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The decision of the city manager, or designee, whether to deny the discharge permit application or to modify, make subject to additional terms, suspend, or revoke the discharge permit shall be final.

(d) Nothing in this Section shall limit the authority of the Director to take any emergency enforcement actions as specified in Section 16.09.200 of this Chapter.

16.09.210 Affirmative Defenses to Discharge Violations: Upset.

(a) For the purposes of this Section “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (c), below, are met.

(c) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the industrial user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures and discharge permit conditions; and

(3) The industrial user has submitted the following information to the Director within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) calendar days):

(A) A description of the indirect discharge and cause of noncompliance;

(B) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(d) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

(e) Industrial users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(f) Industrial users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

16.09.215 Affirmative Defenses to Discharge Violations: Prohibited Discharge Standards.

(a) An industrial user shall have an affirmative defense in any action brought against it for noncompliance with the general prohibitions established in Section 16.09.040 of this Chapter and the specific prohibitions established in subsections (b)(3) through (b)(7) and (b)(9) through (b)(17) of Section 16.09.040 of this Chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the industrial user’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

16.09.220 Affirmative Defenses to Discharge Violations: Bypass.

(a) For the purposes of this Section the following terms and phrases shall be as defined herein:

(1) “Bypass” means the intentional diversion of wastestreams from any portion of an industrial user’s treatment facility; and

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(2) “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(b) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if the bypass is for essential maintenance to assure efficient operation or there are no feasible alternatives to the bypass.

These bypasses are not subject to the provision of subsections (d) through (f) of this Section.

(c) If an industrial user knows in advance of the need for bypass, it shall submit prior notice to the Director at least ten (10) calendar days before the date of the bypass, or if the need for bypass becomes known less than ten (10) calendar days in advance, as soon as possible prior to the bypass.

(d) An industrial user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass per Section 16.09.135 of this Chapter. A written submission shall also be provided to the Director within five (5) calendar days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(e) Bypass is prohibited, and the Director may take enforcement action against an industrial user for a bypass, unless;

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

(3) The industrial user submitted notices as required under subsections (c) or (d) of this Section.

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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(f) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in subsection (e) of this Section.

16.09.225 Pretreatment Charges and Fees.

The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s pretreatment program, which may include:

(a) Fees for discharge permit applications including the cost of processing such applications;

(b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a discharger’s discharge, and reviewing monitoring reports and certification statements submitted by dischargers;

(d) Fees to recover administrative and legal costs (not included in subsection (b) of this Section) associated with the enforcement activity taken by the Director to address discharger noncompliance; and

(e) Other fees as the City may deem necessary to carry out the requirements of this Chapter.

16.09.230 Obstruction, Damage or Impairment to POTW.

Dischargers shall be responsible for and liable to the City for any discharge that causes an obstruction, damage, or any other impairment to the POTW. When a discharge causes an obstruction, damage, or any other impairment to the POTW, the City may assess a charge against the discharger to reimburse the City for costs incurred to clean or repair said obstruction, damage, or impairment.

SECTION 3. This amended ordinance shall apply to all permits currently in effect and all dischargers, whether permitted or not.

SECTION 4. If any Section, Subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or Sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
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Section, Subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more Sections, Subsections, sentences, clauses or phrases be declared invalid.

SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15308 of the CEQA Guidelines, because it is an action taken by the City as a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City Attorney or Designee City Manager

____________________________
Director of Public Works

Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.09 (Sewer Use
Ordinance) of Title 16 of the
Palo Alto Municipal Code to
Update the Regulations
Related to Use of the
Sanitary Sewer System

Item 16: Staff Report
Pg.
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11 (Stormwater PolluƟon PrevenƟon) of Title 16 (Building Standards) of the Palo Alto Municipal Code

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and DeclaraƟons. The City Council ﬁnds and declares as follows:

A. Urban Stormwater Runoﬀ is considered a signiﬁcant pathway for Pollutants into local creeks and the San Francisco Bay (Bay). Rain and irrigaƟon from lawns and gardens wash Pollutants oﬀ of Impervious Surfaces like streets, sidewalks, roofs, driveways, and parking lots into Storm Drain Systems and creeks and, ulƟmately, out to the Bay. Water that ﬂows to the Bay from the Storm Drain System and creeks does not receive any treatment and is oŌen Contaminated by Pollutants that can be toxic to ﬁsh, wildlife, and people.

B. ProtecƟon of the City of Palo Alto’s Storm Drain System and local Receiving Waters requires strict regulaƟons for Non-Stormwater Discharges and overall adherence to the Municipal Regional Stormwater Permit (“MRP”) issued by the San Francisco Bay Regional Water Quality Control Board (“Regional Water Board”) (Order R2-2022-0018).

C. In order to beƩer protect public health, local Receiving Waters, and the City’s Storm Drain System from Pollutants, the City now desires to update its Municipal Code to consolidate Stormwater compliance management requirements within the same Chapter 16.11 and facilitate compliance with the current MRP .

D. The update of Chapter 16.11 is a component of the City’s Stormwater compliance management program and supports the City’s authority to implement Stormwater and PolluƟon prevenƟon requirements mandated by the Regional Water Quality Control Board.

E. The City desires to maintain and enhance its leadership in protecƟng Stormwater quality by not only meeƟng minimum MRP requirements, but also expanding upon those MRP requirements for certain businesses and Development Projects to further protect local creeks and the Bay.

SECTION 2. Chapter 16.11 (Stormwater PolluƟon PrevenƟon) of Title 16 (Building RegulaƟons) of the Palo Alto Municipal Code is repealed and replaced in its enƟrety to read as follows:

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
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Table of Contents
Part 1 Purpose and Intent; DeﬁniƟons

16.11.010 Purpose and Intent

16.11.020 DeﬁniƟons
Part 2 General Provisions

16.11.030 AdministraƟon

16.11.040 General ObligaƟon

16.11.050 Conﬂicts with Other Laws

16.11.060 Alternate Means and Methods

16.11.070 Prohibited Discharges

16.11.080 Discharge ExempƟons

16.11.090 CondiƟonally Exempt Discharges

16.11.100 ProhibiƟon of Illicit ConnecƟons

16.11.110 Authority to Inspect

16.11.120 Enforcement and PenalƟes

16.11.130 Fees and Charges

16.11.140 ObstrucƟon, Damage or Impairment to City Storm Drain System and Rights-of- Way
Part 3 Development Projects

16.11.150 Regulated Projects

16.11.160 Source Control Measures for Regulated Projects

16.11.170 Site Design Measures for Regulated Projects

16.11.180 Stormwater Treatment Measures for Regulated Projects

16.11.190 CerƟﬁcaƟon of Compliance for Regulated Projects

16.11.200 Green Infrastructure Design and ConstrucƟon Requirements

16.11.210 Required HydromodiﬁcaƟon Management Measures for Regulated Projects

16.11.220 OperaƟon and Maintenance of Stormwater Treatment Measures and HydromodiﬁcaƟon Management Measures
Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.230 Low Impact Development Source Control and Site Design Measures for Projects Other Than “Regulated Projects” Under SecƟon 16.11.150

16.11.240 Requirements for All Development Projects

16.11.250 Requirements for Loading Docks

16.11.260 Drainage Design Standards for Development Projects

16.11.270 Requirements for ConstrucƟon Sites and AcƟviƟes Part 4 Required Best Management PracƟces for All Dischargers

16.11.280 Minimum Best Management PracƟces for All Dischargers Part 5 Illicit Discharge DetecƟon and EliminaƟon and Mobile Sources

16.11.290 Spill Containment and NoƟﬁcaƟon of Non-Stormwater Discharges

16.11.300 Mobile Businesses
Part 5 PesƟcides Toxicity Control

16.11.310 PesƟcides Toxicity Control
Part 6 Trash Load ReducƟons

16.11.320 Trash Load ReducƟons
Part 7 Mercury Controls

16.11.330 Mercury Controls
Part 8 Polychlorinated Biphenyls (PCBs) Controls

16.11.340 Polychlorinated Biphenyls Controls

16.11.350 Management of PCBs During Building DemoliƟon AcƟviƟes Part 9 Copper Controls

16.11.360 Copper Controls

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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Part 1 Purpose and Intent; DeﬁniƟons

16.11.010 Purpose and Intent

The purpose of this Chapter is to control and limit Stormwater Runoﬀ PolluƟon by prevenƟng Pollutants from entering the City of Palo Alto Storm Drain System and Receiving Waters, including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural habitats, as well as to protect human health and the environment. This Chapter is enacted and shall be implemented in a manner consistent with the Porter-Cologne Water Quality Control Act (Water Code SecƟon 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. SecƟon 1251 et seq.) (CWA), and the requirements of the Municipal Regional Stormwater Permit (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay-Region 2 (Regional Water Board), as amended from Ɵme to Ɵme. This Chapter is intended to be no less stringent than the MRP and in some respects may be more stringent than regional, state or federal regulaƟons, rules, orders and policies. The City intends to update and modify this Chapter as needed to conƟnue to meet Regional Water Board requirements and provide a program for protecƟon of the Bay and other Receiving Waters. If any provision of this Chapter conﬂicts with the MRP , as amended or updated, the more stringent and environmentally protecƟve provision shall apply.

16.11.020 DeﬁniƟons

The following words and phrases, whenever used in this Chapter, shall be as deﬁned herein.

Words and phrases used in this Chapter not otherwise deﬁned in this SecƟon shall be as deﬁned, interpreted or used in the MRP in eﬀect or, if not used in the MRP , so as to give this Chapter its most reasonable applicaƟon.

(a) “A” deﬁniƟons:

(1) “Applicant” means any Person that submits an applicaƟon for a Planning and Land Use EnƟtlement or Building Permit from the City of Palo Alto.

(b) “B” deﬁniƟons:

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(1) “Best Management PracƟces” or “BMPs” mean a combinaƟon of general good housekeeping pracƟces, PolluƟon prevenƟon and educaƟonal pracƟces, operaƟons and maintenance procedures, and other pracƟces and requirements to prevent or reduce to the Maximum Extent PracƟcable Non-Stormwater Discharges directly or indirectly to the Storm Drain System or Receiving Waters. Sources of industry- standard BMPs include but are not limited to the Santa Clara Valley Urban Runoﬀ PolluƟon PrevenƟon Program, the California Stormwater Quality AssociaƟon Stormwater Best Management PracƟce Handbook, the California Department of TransportaƟon ConstrucƟon Site Best Management PracƟces Manual, and the MRP .

Unless otherwise stated, reference to BMPs generally means non-structural BMPs as described in this deﬁniƟon.

(2) “Building” means any structure used or intended for supporƟng or sheltering any use or occupancy.

(3) “Building Permit” means the authorizaƟon provided by the City to build/construct one or more Buildings.

(1) “CASQA” means California Stormwater Quality AssociaƟon, a professional member associaƟon dedicated to the advancement of Stormwater quality management through collaboraƟon, educaƟon, implementaƟon guidance, regulatory review, and scienƟﬁc assessment.

(2) “City” or “The City” means City of Palo Alto, California.

(3) “ConstrucƟon AcƟvity” means any earth- or soil-disturbing acƟvity, including, but not limited to, clearing, grading, paving, landscaping, excavaƟon, stockpiling, material storage, and disturbances to land or ground such as building of a structure, and demoliƟon or removal of structures or paved surfaces.

(4) “ConstrucƟon Site” means any site where ConstrucƟon AcƟvity occurs.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(5) “ContaminaƟon” shall have the same meaning as deﬁned in California Water Code SecƟon 13050, as amended from Ɵme to Ɵme.

(6) “ConƟguous” means touching or sharing a border and includes project areas interrupted by cross streets or intersecƟons.

(d) “D” deﬁniƟons:

(1) “Detached Single-Family Home Project” means the building of one single new house or the addiƟon and/or replacement of Impervious Surface to one single exisƟng house, which is not part of a larger plan of development.

(2) “Development Project” means new construcƟon or Redevelopment of any public or private project involving ConstrucƟon AcƟvity and within the planning and building authority of the City.

(3) “Director” means the Director of Public Works of the City of Palo Alto and his or her duly authorized designees.

(4) “Discharge” when used as a verb, means to allow a Stormwater or Non-Stormwater substance to enter the Storm Drain System or a Receiving Water from any acƟvity or operaƟon. When used as a noun, “Discharge” means the Stormwater or Non- Stormwater Discharge that is released or conveyed.

(5) “Discharger” means any Person who causes or permits a Discharge.

(e) “E” deﬁniƟons:

(1) “EPA” or “U.S. EPA” means the Environmental ProtecƟon Agency of the United States of America.

(f) “F” deﬁniƟons:

(1) “Full Trash Capture Device or System” means a treatment control, or series of treatment controls, that traps all parƟcles that are 5 mm or greater and has a design Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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treatment capacity that is either: a) of not less than the peak ﬂow rate, Q, resulƟng from a one-year, one-hour storm in the subdrainage area, or b) appropriately sized to, and designed to carry at least the same ﬂows as, the corresponding storm drain.

The device(s) shall also have a trash reservoir large enough to contain a reasonable amount of trash safely without overﬂowing trash into the overﬂow outlet between maintenance events.

(g) “G” deﬁniƟons:

(1) “Green Stormwater Infrastructure” or “GSI” means infrastructure that uses vegetaƟon, soils, and natural processes to manage Stormwater Runoﬀ. At the scale of a city or county, GSI refers to the patchwork of natural areas that provides habitat and manages smaller storms, cleaner air, and cleaner water and eliminates street ponding. At the scale of a neighborhood or project site, GSI refers to Stormwater management systems that mimic the natural hydrologic cycle by soaking up and storing water.

(h) “H” deﬁniƟons:

(1) “Hazardous Material” means any material designated as hazardous by Title 17 of this Code.

(2) “Hazardous Waste” means any material designated as a Hazardous Waste by applicable federal, state or local regulaƟons.

(i) “I” deﬁniƟons:

(1) “Illicit ConnecƟon” means any device, arƟﬁce, method or connecƟon that conveys Non-Stormwater to the Storm Drain System. Examples may include connecƟons from interior ﬂoor drains, HVAC systems, industrial processes, sinks, and toilets. An Illicit ConnecƟon does not include methods of conveyance of groundwater during ConstrucƟon AcƟviƟes in compliance with this Code and as approved by the Director.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(2) “Illicit Discharge” means any Discharge that is prohibited under local, state, or federal statutes, ordinances, codes, or regulaƟons and this Chapter. Illicit Discharges do not include Discharges that are exempt or condiƟonally exempt under the MRP , regulated by a NPDES Permit other than the MRP , or authorized by the ExecuƟve Oﬃcer of the Regional Water Board or the Director.

(3) “Impervious Surface” means land that has been modiﬁed to reduce or remove the land's natural ability to absorb and inﬁltrate rainfall. Impervious Surfaces include, but are not limited to, rooŌops, pavement, sidewalks, walkways, paƟos, driveways, and parking lots where such surfaces are not constructed with Pervious materials and/or are not designed to inﬁltrate Stormwater.

(j) “J” deﬁniƟons:

(1) “Joint Stormwater Treatment Facility” is a Stormwater treatment facility built to treat the combined runoﬀ from two or more Regulated Projects located adjacent to each other.

(k) “K” deﬁniƟons: Reserved

(l) “L” deﬁniƟons:

(1) “Loading Dock” means a raised or lowered area of a facility designed to accommodate a truck, trailer or other large delivery vehicle for the loading and unloading of equipment or materials. A Loading Dock does not include such an area where the deliveries are limited solely to furniture and non-electronic oﬃce supplies.

(2) “Low Impact Development” or “LID” is a land planning and engineering design approach with a goal of reducing Stormwater Runoﬀ and mimicking a site’s predevelopment hydrology by minimizing disturbed areas and impervious cover and inﬁltraƟng, storing, detaining, evapotranspiring, and/or biotreaƟng Stormwater Runoﬀ close to its source, or onsite.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
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(m) “M” deﬁniƟons:

(1) “Mobile Business” means a business whose operaƟons may produce or result in the producƟon of Pollutants and that does not operate from a permanent structure but instead provides mobile services during parƟcular Ɵme periods or upon request at temporary locaƟons. Types of services include cleaning or power washing of vehicles, structures, windows, or parking lots; engine or equipment degreasing; acid cleaning of unpainted trucks or containers; steam cleaning; carpet cleaning; dental and medical care; vehicle repair, servicing, fueling and cleaning; and pet services (including grooming, veterinary care and other miscellaneous services).

(2) “Municipal Code” means the ordinances and laws adopted and enforced by the City of Palo Alto.

(3) “Municipal Regional Stormwater Permit” or “MRP” means the most recently adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a mulƟ- countywide municipal Stormwater NPDES Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region-Region 2 (Regional Water Board) to regulate Discharges from municipaliƟes and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara counƟes, and the ciƟes of Fairﬁeld, Suisun City, and Vallejo.

(n) “N” deﬁniƟons:

(1) “Non-Stormwater Discharge” means any Discharge that is not enƟrely composed of Stormwater. Non-Stormwater Discharges include, but are not limited to, polluted groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit Discharge.

(2) “NPDES” means NaƟonal Pollutant Discharge EliminaƟon System, which is a naƟonal program for issuing, modifying, revoking and reissuing, terminaƟng, monitoring and enforcing Permits, and imposing and enforcing pretreatment requirements, under SecƟons 307, 402, 318, and 405 of the Federal Clean Water Act.

(o) “O” deﬁniƟons: Reserved
Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
66 Packet Pg. 226 of 436

*NOT YET APPROVED*
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(p) “P” deﬁniƟons:

(1) “PCB Screening Assessment” means a report prepared by an Applicant for a demoliƟon Permit containing any informaƟon and data (invesƟgaƟons, reports, soil samples, laboratory results, ConstrucƟon Site controls, etc.) reasonably required by the Director regarding the presence of Polychlorinated Biphenyls (PCBs).

(2) “Permit” means any authorizaƟon issued by the City to carry out an acƟon or acƟvity according to the City’s Municipal Code, rules, and regulaƟons.

(3) “Person” means any individual, partnership, ﬁrm, company, corporaƟon, associaƟon, joint venture, joint stock company, trust, estate, governmental enƟty, or any other legal enƟty; or their representaƟves, agents, or designees.

(4) “Pervious” means capable of allowing water to inﬁltrate below the surface. Pervious materials may include, but are not limited to, permeable interlocking concrete pavers, permeable pavers, Pervious concrete and porous asphalt.

(5) “Planning and Land Use EnƟtlement” means approval provided by the City to develop a Building (or Buildings) or a piece of land for a speciﬁc use according to the City’s development standards, rules, and regulaƟons.

(6) "Pollutants” or “Pollutant” means those substances associated with Stormwater Runoﬀ that may cause or contribute to the degradaƟon of water quality of Receiving Waters and are harmful to aquaƟc life, human health and the environment.

Pollutants commonly associated with Stormwater Runoﬀ include, but are not limited to, total suspended solids; sediment; pathogens (e.g., bacteria, viruses, protozoa); heavy metals (e.g., copper, lead, zinc, and cadmium); petroleum products and polynuclear aromaƟc hydrocarbons; syntheƟc organics (e.g., pesƟcides, herbicides, and PCBs); nutrients (e.g., nitrogen and phosphorus ferƟlizers); oxygen-demanding substances (e.g., decaying vegetaƟon and animal waste); liƩer and trash.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
67 Packet Pg. 227 of 436

*NOT YET APPROVED*
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(7) "PolluƟon" means the presence, introducƟon or Discharge into a Receiving Water of a Pollutant that has harmful or poisonous eﬀects on aquaƟc life, ecological habitat, natural processes of creeks and waterbodies, public health and the environment.

(q) “Q” deﬁniƟons: Reserved

(r) “R” deﬁniƟons:

(1) “Receiving Water” means waters of the State, as deﬁned by the Porter-Cologne Water Quality Control Act. Receiving Waters include but are not limited to creeks, marshes, wetlands, shorelines, estuaries, and bays.

(2) “Redevelopment” means any land-disturbing acƟvity that results in the creaƟon, addiƟon, or replacement of exterior Impervious Surface area on a site on which some past development has occurred. This category includes projects on public or private land that fall under the planning and building authority of the City.

(3) "Refuse" means and includes compostable materials, recyclable materials, and solid waste. Solid waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanaƟng from residenƟal premises or commercial premises including but not limited to garbage, trash, rubbish, ashes, and industrial wastes.

(4) “Refuse Management and Containment Area” means an area such as a room located inside a Building or an enclosed structure located outdoors to keep, manage and contain compostable, recyclable and solid waste.

(5) “Regional Water Board” or “Water Board” means the California Regional Water Quality Control Board, San Francisco Bay-Region 2.

(6) “Regulated Project” means a project described in Chapter 16.11.150, “Regulated Projects.”

(7) “Remodel” is an extension or modiﬁcaƟon of an exisƟng structure. This may include a one or second-story addiƟon that increases the footprint of the structure or an Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
68 Packet Pg. 228 of 436

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interior reconﬁguraƟon.

(8) “Responsible Party” means any Person who owns, operates, or manages a property, business, facility, or site, or who is otherwise responsible for the acƟviƟes thereon or the Person whose acƟon or omission causes or results in the violaƟon of this Chapter.

(s) “S” deﬁniƟons:

(1) “Sanitary Sewer System” means the collecƟon system, all sewers, treatment plants and other faciliƟes owned or operated by the City for carrying, collecƟng, storing, treaƟng, reclaiming and disposing of sanitary Sewage and industrial wastes (as deﬁned in SecƟon 16.09.015 of Title 16 of the Palo Alto Municipal Code).

(2) “SCVURPPP” or “Santa Clara Valley Urban Runoﬀ PolluƟon PrevenƟon Program” means an associaƟon of ﬁŌeen agencies in Santa Clara Valley that share a common NPDES MRP to Discharge to south San Francisco Bay. Member agencies (also referred to as Co-permiƩees) include the ciƟes or towns of Campbell, CuperƟno, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, Santa Clara County, and the Santa Clara Valley Water District (Valley Water).

(3) “Sewage” means the wastewater of the community derived from residenƟal, agricultural, commercial, or industrial sources, including domesƟc Sewage, and industrial wastewater, which is required to be conveyed to the Sanitary Sewer System.

(4) “Site Design Measure” means a site planning technique to conserve natural spaces and/or limit the amount of Impervious Surface at Development and Redevelopment Projects in order to minimize runoﬀ and the transport of Pollutants in Stormwater Runoﬀ.

(5) “Source Control Measure” means any BMP that aims to prevent runoﬀ PolluƟon by Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
69 Packet Pg. 229 of 436

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reducing the potenƟal for contact with rainfall runoﬀ at the source of PolluƟon.

Source control BMPs minimize contact between Pollutants and Stormwater Runoﬀ.

(6) “Special Projects” are a type of Regulated Project that meets criteria based on size, land use type, and density per the MRP . These projects are typically located in high density areas and are centered around transit-oriented development. If criteria determined by the MRP are met, projects are enƟtled to incenƟve LID treatment reducƟon credits approved by the Water Board.

(7) “Storm Drain System” means the storm drain faciliƟes owned, managed, or operated by the City by which Stormwater is collected and/or conveyed to Receiving Waters, including but not limited to streets and roads, guƩers, curbs, inlets, piped storm drains, parking lots, pumping faciliƟes, retenƟon and detenƟon basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City’s jurisdicƟon. The Storm Drain System also includes pipes, underground and surface conveyances, and other components on private property and other property within the City’s limits not owned by the City that connect and/or route Stormwater and Stormwater Runoﬀ to the City’s Storm Drain System.

(8) “Stormwater” means any surface ﬂow, runoﬀ, and drainage consisƟng enƟrely of water that originates from precipitaƟon events.

(9) “Stormwater Runoﬀ” means ﬂow that is created when precipitaƟon falls on Impervious Surfaces or compacted Pervious surfaces that do not allow water to inﬁltrate into the ground.

(10) “Stormwater Run-on” means ﬂow that runs across Impervious Surfaces or compacted Pervious surfaces from one property to another or from one use on a property to another.

(11) “Stormwater Treatment Measure” means any engineered, non-mechanical or constructed system designed to remove Pollutants from Stormwater Runoﬀ by simple gravity seƩling of parƟculate Pollutants, ﬁltraƟon, inﬁltraƟon, biological uptake, media adsorpƟon or any other physical, biological, or chemical process.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
70 Packet Pg. 230 of 436

*NOT YET APPROVED*
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(12) “Structural Retroﬁt Best Management PracƟces” or “Structural Retroﬁt BMPs” means a retroﬁt to a structure, ﬁxed feature, or property to prevent or minimize the potenƟal of a Non-Stormwater Discharge to the Storm Drain System or Receiving Waters, in associaƟon with an enforcement acƟon due to noncompliance with this Chapter.

(t) “T” deﬁniƟons: Reserved

(u) “U” deﬁniƟons: Reserved

(v) “V” deﬁniƟons: Reserved

(w) “W” deﬁniƟons: Reserved

(x) “X” deﬁniƟons: Reserved

(y) “Y” deﬁniƟons: Reserved

(z) “Z” deﬁniƟons: Reserved

Part 2 General Provisions

16.11.030 AdministraƟon

The Director shall be responsible for the administraƟon and enforcement of the provisions of this Chapter and has the authority to promulgate such orders, regulaƟons, rules, condiƟons of approval, and requirements as are necessary to accomplish the purposes of this Chapter. The primary regulatory document implemenƟng this Chapter is Palo Alto RegulaƟons for Stormwater PolluƟon PrevenƟon.

16.11.040 General ObligaƟon

All Dischargers of Non-Stormwater and Persons that engage in acƟviƟes with the potenƟal to Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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cause a Non-Stormwater Discharge to the Storm Drain System and Receiving Waters shall comply with the provisions of this Chapter. ViolaƟons of regulaƟons implemenƟng this Chapter shall be considered violaƟons of this Chapter.

16.11.050 Conﬂicts with Other Laws

In the event of any conﬂict between this Chapter and any federal or state law, regulaƟon, order, or Permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this Chapter shall preclude enforcement of any other applicable law, regulaƟon, order, or Permit. Nothing in this Chapter shall be interpreted to infringe any vested property right.

16.11.060 Alternate Means and Methods

The Director, upon applicaƟon in wriƟng by the owner, a lessee, or an authorized representaƟve of the Discharger, and on noƟce to the Director, is authorized to approve alternate means or methods of compliance with this Chapter, provided that the Director ﬁnds that the proposed design, use, or operaƟon saƟsfactorily complies with the intent of this Chapter and that the material, method of work performed, or operaƟon is, for the purpose intended, at least equivalent to that prescribed in this Chapter in quality and eﬀecƟveness in meeƟng the purposes of this Chapter. As required by the Director, an Applicant must show that compliance with the strict requirements of this Chapter is infeasible, and that the proposed alternate means and methods will meet all applicable regional, state, and federal requirements. The parƟculars of any such approval made by the Director shall be in wriƟng and a signed copy shall be furnished to the Applicant.

16.11.070 Prohibited Discharges

General ProhibiƟon. No Person shall cause, allow, or permit any Non-Stormwater Discharge or the condiƟons under which there is a substanƟal probability for such a Discharge to occur unless such Discharge is exempt under SecƟon 16.11.080 or condiƟonally exempt under SecƟon

16.11.090.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
72 Packet Pg. 232 of 436

*NOT YET APPROVED*
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16.11.080 Discharge ExempƟons

Unless determined by the Director or the Regional Water Board to be sources of Pollutants to Receiving Waters, the following Discharges are exempt from Discharge prohibiƟons established by this Chapter and are allowed to ﬂow into the Storm Drain System and Receiving Waters:

(a) Flows from riparian habitats or wetlands;

(b) Diverted stream ﬂows;

(d) Uncontaminated rising groundwater due to natural processes;

(e) Uncontaminated and unpolluted groundwater inﬁltraƟon;

(f) Pumped groundwater from crawl space pumps and foundaƟon and fooƟng drains of single- family homes. Discharges larger than 2,500 gallons per day shall be treated as condiƟonally exempt Discharges and must meet the requirements of the MRP and City regulaƟons;

(g) Pumped groundwater from drinking water aquifers (excluding well development);

(h) Discharges permiƩed under a NPDES Permit issued to the Discharger and administered by the State of California pursuant to Division 7, Chapter 5.5 of the California Water Code, provided that the Discharger is in compliance with all requirements of the Permit and all other applicable laws and regulaƟons; and

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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(i) Any other Discharge exempt from the general prohibiƟon on Discharges to the Storm Drain System under the MRP or permiƩed under another NPDES permit.

If any of the above are idenƟﬁed by the Director or the Regional Water Board as sources of Pollutants to Receiving Waters, such categories or sources shall be treated as condiƟonally exempt Discharges in accordance with SecƟon 16.11.090.

16.11.090 CondiƟonally Exempt Discharges

The following Discharges are condiƟonally exempt, subject to control measures and BMPs set forth in the MRP and City regulaƟons:

(a) Pumped groundwater, foundaƟon drains, and water from crawl space pumps and fooƟng drains not from single-family homes;

(b) Air condiƟoning condensate shall be reused or directed to landscaped areas. If neither is feasible, Discharging to the Storm Drain System shall be allowed per the Director’s approval;

(c) Discharges associated with water and foam generated from emergency response and/or ﬁreﬁghƟng acƟviƟes. BMPs shall be implemented to the Maximum Extent PracƟcable to minimize potenƟal adverse water quality impacts from water, foam, and other Pollutants Discharged during emergency response and ﬁreﬁghƟng acƟviƟes. Such implementaƟon shall not interfere with immediate emergency response operaƟons or impact public health and safety.

(d) Discharges from individual residenƟal car washing;

(e) IrrigaƟon water, landscape irrigaƟon, and discharges from lawn or garden watering; and

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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(f) Any Discharge that the Director, the local health oﬃcer, the Regional Water Quality Control Board or state or federal agency determines in wriƟng is necessary for the protecƟon of the public health and safety, as allowed under applicable law.

16.11.100 ProhibiƟon of Illicit ConnecƟons

(a) No Person shall construct, use, maintain, or permit or suﬀer the construcƟon, use, maintenance or conƟnued existence of an Illicit ConnecƟon.

(b) Illicit ConnecƟons shall be immediately removed, permanently plugged, or re-plumbed to a connecƟon point approved by the Director.

(c) The provisions of this SecƟon shall apply to, without limitaƟon, Illicit ConnecƟons established in the past, regardless of whether the connecƟon was permissible under law or pracƟces applicable or prevailing at the Ɵme of connecƟon.

16.11.110 Authority to Inspect

(a) The Director shall have the authority to inspect private and public faciliƟes, sites, structures, drainage systems, and Mobile Businesses, whether exisƟng or under construcƟon, whenever necessary to ensure and conﬁrm compliance with this Chapter, applicable City or State regulaƟons, or the MRP .

(b) The Director shall be authorized to enter, without unreasonable delay, and upon reasonable noƟce, any premises subject to the requirements of this Chapter to conduct inspecƟons and monitoring to assure compliance with this Chapter, applicable City or State regulaƟons, or the MRP . An inspecƟon fee shall be charged for each inspecƟon at the amount listed in the City’s Adopted Municipal Fee Schedule. Records related to compliance with this Chapter, including but not limited to operaƟons and maintenance records and agreements, shall be available to City staﬀ for inspecƟon and copying.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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(c) In the event the owner or occupant of the premises refuses entry aŌer a request to enter and inspect the premises has been made, the City is hereby empowered to seek authorizaƟon from any court of competent jurisdicƟon for such entry.

16.11.120 Enforcement and PenalƟes

(a) ViolaƟons of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code secƟon 836.5.
(b) The Director may require any Person deemed to have violated this Chapter to take any of the following acƟons:

(1) Ensure that the Discharge be remediated and the aﬀected private and City property and infrastructure, as relevant, be restored within a speciﬁed Ɵme. The Responsible Party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the City for cleanup acƟviƟes associated with any Discharges that violate this Chapter.

(2) Implement applicable BMPs; for example, to address Pollutant sources associated with outdoor process and manufacturing areas; outdoor material storage areas; outdoor waste storage and disposal areas; outdoor vehicle and equipment storage and maintenance areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; rooŌop equipment; Contaminated and erodible surface areas; and other sources that have a reasonable potenƟal to contribute to PolluƟon of Stormwater Runoﬀ.

(3) Install Structural Retroﬁt BMPs to address noncompliance of this Chapter. Structural Retroﬁt BMPs may require review and approval by the City’s Planning and Building Divisions.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate Ɵmely and eﬀecƟve compliance with the requirements of this Chapter. The Enforcement Response Plan shall contain, at a minimum, the following:

(1) Enforcement procedures;

(2) Enforcement tools and scenarios;

(3) Procedures for Ɵmely correcƟon of potenƟal and actual Discharges; and

(4) Procedures for referral and coordinaƟon with other agencies.

(d) The remedies established in this SecƟon are not exclusive. In addiƟon to any other remedies allowed under the Palo Alto Municipal Code, violaƟons may be subject to penalƟes established by resoluƟon of the Council or any other enforcement mechanism allowed by law.

16.11.130 Fees and Charges

The City may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this Chapter.

16.11.140 ObstrucƟon, Damage or Impairment to City Storm Drain System and Rights-of- Way

Dischargers shall be responsible for and liable to the City for any obstrucƟon, damage, or impairment to the Storm Drain System and other rights-of-way associated with a Discharge that causes an obstrucƟon, damage, or any other impairment to the Storm Drain System. The City Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
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may assess a charge against the Discharger to reimburse the City for costs incurred to clean or repair said obstrucƟon, damage or impairment.

Part 3 Development Projects

16.11.150 Regulated Projects

All projects ﬁƫng the category descripƟons below (hereinaŌer called “Regulated Projects”) must implement Low Impact Development Source Control, Site Design, and Stormwater Treatment Measures. The categories of Regulated Projects are:

(a) New Development Projects or Redevelopment Projects

New Development or Redevelopment projects that create and/or replace 5,000 square feet or more of Impervious Surface (collecƟvely over the enƟre project site). This category includes commercial, industrial, residenƟal housing subdivisions (i.e., Detached Single-Family Home Projects), mulƟ-family aƩached subdivisions (i.e., town homes, condominiums, and apartments), mixed-use, new and reconstructed private roads and private trails, and public projects (other than public road and trail projects), including sidewalks and any other porƟons of the public right-of-way that are developed or redeveloped as part of the projects.

Speciﬁc exclusions that apply to this category are listed in SubsecƟon (e) below. Public Works projects that are addiƟonally excluded from this category – unless they create and/or replace 5,000 ConƟguous square feet or more of Impervious Surface – include the following examples:
sidewalk gap closures, sidewalk secƟon replacement, and Americans with DisabiliƟes Act- compliant curb ramps.

Where a Redevelopment project results in an alteraƟon of 50 percent or more of the Impervious Surface of a previously exisƟng development that was not subject to this Part, Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoﬀ from the enƟre Redevelopment project. Where a Redevelopment project results in an alteraƟon of Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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less than 50 percent of the Impervious Surface of a previously exisƟng development that was not subject to this Part, Stormwater Treatment Measures must be designed and sized to treat Stormwater Runoﬀ from the new and/or replaced Impervious Surface of the project.

The calculaƟons in this SubsecƟon shall include porƟons of the public right-of-way that are developed or redeveloped as part of the Regulated Project.

(b) New or Widening Road Projects

Any of the following types of road projects (including both public and private road projects) that create 5,000 square feet or more of newly constructed ConƟguous Impervious Surface, and that fall under the planning and building authority of the City:

(1) ConstrucƟon of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads.

(2) Widening of exisƟng streets or roads with addiƟonal traﬃc lanes.

Where the addiƟon of traﬃc lanes results in an alteraƟon of 50 percent or more of the Impervious Surface of an exisƟng street or road within the project that was not subject to this Part, Stormwater Treatment Measures must be designed and sized to treat Stormwater Runoﬀ from the enƟre street or road that had addiƟonal traﬃc lanes added. Where the addiƟon of traﬃc lanes results in an alteraƟon of less than 50 percent of the Impervious Surface of an exisƟng street or road within the project that was not subject to this Part, Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoﬀ from only the new traﬃc lanes. However, if the Stormwater Runoﬀ from the exisƟng traﬃc lanes and the added traﬃc lanes cannot be separated, any onsite treatment system shall be designed and sized to treat Stormwater Runoﬀ from the enƟre street or road. If an oﬀsite treatment system is installed or in-lieu fees paid in accordance with MRP Provision C.3.e or SecƟon

16.11.180(c), the oﬀsite treatment system or in-lieu fees must address only the Stormwater Runoﬀ from the added traﬃc lanes.

(3) ConstrucƟon of Impervious trails that are greater than or equal to 10 feet wide or are creek-side (within 50 feet of the top of bank).

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
Pg.
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(4) Speciﬁc exclusions to this SubsecƟon include the following:

(i) Sidewalks built as part of new streets or roads and built to direct Stormwater Runoﬀ to adjacent vegetated areas;
(ii) Bicycle lanes built as part of new streets or roads, but that are not hydraulically connected to the new streets or roads and that direct Stormwater Runoﬀ to adjacent vegetated areas;
(iii) Impervious trails that direct Stormwater Runoﬀ to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees, where those areas are at least half as large as the contribuƟng Impervious Surface area;
(iv) Sidewalks, bicycle lanes, or trails constructed as Pervious pavement systems; and
(v) Caltrans highway projects and associated faciliƟes.

Road projects that involve the reconstrucƟon of exisƟng streets or roads, which create and/or replace at least one ConƟguous acre of Impervious Surface and that are public road projects and/or fall under the planning and building authority of the City, including sidewalks and bicycle lanes that are built or rebuilt as part of the exisƟng streets or roads. This Regulated Project category includes uƟlity trenching projects which are - on average, over the enƟre length of the project - greater than or equal to eight (8) feet wide. It also includes public pavement maintenance pracƟces listed in SubsecƟon (e)(3) if they are part of a project that otherwise meets the requirements of this secƟon.

Where the reconstrucƟon project results in an alteraƟon of greater than or equal to 50 percent of the Impervious Surface of an exisƟng street or road within the project that was not subject to this Part, Stormwater Treatment Measures must be designed and sized to treat Stormwater Runoﬀ from the enƟre street or road that was reconstructed. Where the reconstrucƟon project results in an alteraƟon of less than 50 percent of the Impervious Surface of an exisƟng street or road within the project that was not subject to this Part, Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoﬀ from only the new and/or replaced Impervious Surface within the project footprint. However, if the Stormwater Runoﬀ from the exisƟng Impervious Surface and the added Impervious Surface cannot be separated, any onsite treatment system shall be designed and sized to treat Stormwater Runoﬀ from the enƟre street Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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or road. If an oﬀsite treatment system is installed or in-lieu fees paid in accordance with MRP Provision C.3.e or SecƟon 16.11.180(c), the oﬀsite treatment system or in-lieu fees must address only the Stormwater Runoﬀ from the added Impervious Surface.

(d) Large Detached Single-Family Home Projects

Detached Single-Family Home Projects that create and/or replace 10,000 square feet or more of Impervious Surface (collecƟvely over the enƟre project site) and are not part of a larger development or Redevelopment plan regulated under “New Development Projects or Redevelopment Projects” – see SubsecƟon (a) above. This Regulated Project category includes the addiƟon of an accessory dwelling unit (ADU) on an exisƟng parcel with one single-family home that is not part of a subdivision or plan.

Where a single-family home project results in an alteraƟon of 50 percent or more of the Impervious Surface of a previously exisƟng project that was not subject to this Part, Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoﬀ from the enƟre project. Where a single-family home project results in an alteraƟon of less than 50 percent of the Impervious Surface of a previously exisƟng project that was not subject to this Part, Stormwater Treatment Measures shall be designed and sized to treat Stormwater Runoﬀ from the new and/or replaced Impervious Surface of the project. The calculaƟons in this SubsecƟon shall include porƟons of the public right-of-way that are developed or redeveloped as part of the Regulated Project.

(e) ExempƟons: For Redevelopment projects and Road ReconstrucƟon Projects:

(1) The following interior and exterior pracƟces are excluded:
(i) Interior Remodels; and
(ii) RouƟne maintenance or repair such as roof or exterior wall surface replacement.
(2) The following pavement maintenance pracƟces are excluded:

(i) Pothole and square cut patching;
(ii) Overlaying exisƟng asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage;
(iii) Shoulder grading;
(iv) Reshaping/regrading drainage systems;
(v) Crack sealing;
Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(vi) Pavement preservaƟon acƟviƟes that do not expand the road prism; (vii) Upgrading from a bituminous surface treatment (e.g., chip seal) with an overlay of asphalt or concrete, without expanding the area of coverage; (viii) Applying a bituminous surface treatment to exisƟng asphalt or concrete pavement, without expanding the area of coverage;
(ix) VegetaƟon maintenance; and
(x) Layering gravel over an exisƟng gravel road, without expanding the area of coverage.

(3) The following pavement maintenance pracƟces are not excluded.

(i) Removing and replacing asphalt or concrete pavement to the top of the base course or lower, or repairing the pavement base (including repair of the pavement base in preparaƟon for bituminous surface treatment, such as chip seal), as these are considered replaced Impervious Surfaces; (ii) Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders, as these are considered new Impervious Surfaces; and
(iii) Resurfacing by upgrading from dirt to gravel, to a bituminous surface treatment (e.g., chip seal), to asphalt, or to concrete; or upgrading from gravel to a bituminous surface treatment, to asphalt, or to concrete, as these are considered new Impervious Surfaces.

(4) For a project consisƟng of a combinaƟon of exempted pavement maintenance pracƟces and non-exempted pavement maintenance and/or pracƟces that fall under any other Regulated Project category, the parts of the project that are not exempt shall be evaluated as a Regulated Project.

16.11.160 Source Control Measures for Regulated Projects

All Regulated Projects shall implement Source Control Measures onsite that, at a minimum, comply with City regulaƟons and the requirements of the MRP .

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.170 Site Design Measures for Regulated Projects

All Regulated Projects must implement Low Impact Development Site Design Measures that, at a minimum, comply with City regulaƟons and the requirements of the MRP .

16.11.180 Stormwater Treatment Measures for Regulated Projects

All Regulated Projects shall implement Stormwater Treatment Measures onsite that, at a minimum, comply with City regulaƟons and the requirements of the MRP . Stormwater Treatment Measures shall not be altered without permission from the Director.

(a) All Regulated Projects shall design, construct, maintain, and operate Stormwater Treatment Measures for the enƟre duraƟon that the project is in use in accordance with the MRP and City regulaƟons. All Regulated Projects, except Special Projects, shall treat one hundred percent of the amount of Stormwater Runoﬀ idenƟﬁed in accordance with MRP Provision C.3.c requirements for the Regulated Project’s drainage area onsite or at a Joint Stormwater Treatment Facility per MRP Provision C.3.c, Chapter 16.11.180, and SCVURPPP and City speciﬁcaƟons. LID Stormwater treatment measures include harvesƟng and use, inﬁltraƟon, evapotranspiraƟon, and biotreatment. Stormwater treatment systems must be sized using one of the hydraulic sizing design criteria approved in MRP C.3.d.i. Any Regulated Project that does not comply with this requirement must meet the requirements for alternaƟve compliance established in accordance with SubsecƟon (c) below.

(b) Special Projects designed in a manner that meets the criteria of the MRP and City regulaƟons shall be allowed to apply for IncenƟve LID Treatment ReducƟon Credits per the Water Board’s process outlined in the MRP .

(c) If a Development Project cannot install Stormwater Treatment Measures in conformance with the requirements of the MRP and this chapter, the Director may approve alternaƟve compliance and allow in-lieu measures and/or fees if made necessary by individual site condiƟons and in accordance with the MRP and City regulaƟons. Projects shall sƟll meet all Regulated Project requirements but may be allowed to do so parƟally onsite or fully oﬀ-site or through payment of in-lieu fees. This approval shall occur prior to issuance of Planning and Land Use EnƟtlement under Title 18 of this Code, or a Building Permit if no EnƟtlement is required, unless the Director allows an excepƟon.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.190 CerƟﬁcaƟon of Compliance for Regulated Projects

(a) Prior to the issuance of a Planning and Land Use EnƟtlement under Title 18 of this Code, or a Building Permit if no EnƟtlement is required, for a Regulated Project, the Applicant or designee of a Regulated Project shall submit a cerƟﬁcaƟon by a qualiﬁed third-party reviewer acceptable to the Director that the design of the project complies with the requirements of this Chapter, City regulaƟons, the MRP , and any plan review comments provided by the Director.

AŌer the project is constructed, the Applicant or a designee shall submit a wriƩen cerƟﬁcaƟon by a qualiﬁed third-party reviewer acceptable to the Director that a Regulated Project was constructed or installed in accordance with the City-approved plans and drawings and per City regulaƟons and the MRP.

(b) The third-party reviewer shall be an independent civil engineer, licensed architect, or landscape architect registered in the State of California, shall have current training in Stormwater Treatment Measure design and construcƟon, and meet other requirements set forth by the City regulaƟons. The third-party reviewer shall not be any consultant or contractor hired to design and/or construct a Stormwater Treatment Measure for the Regulated Project.

(d) Applicant is responsible for ensuring that the Stormwater Treatment Measure is constructed according to the design approved by the Director.

16.11.200 Green Infrastructure Design and ConstrucƟon Requirements

Regulated Projects shall comply with applicable design and construcƟon guidelines and standard speciﬁcaƟons included in the City’s Green Stormwater Infrastructure Plan and related documents, including design guidelines, standard speciﬁcaƟons, and other requirements as established by the Director.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.210 Required HydromodiﬁcaƟon Management Measures for Regulated Projects

(a) Applicability. All Regulated Projects that result in the creaƟon and/or replacement of one acre (43,560 square feet) or more of Impervious Surface and result in a net increase in Impervious Surface over the pre-project condiƟon shall implement HydromodiﬁcaƟon Management Measures.

(b) ExempƟon. Projects located in areas designated as exempt from HydromodiﬁcaƟon Management Measure requirements on the HydromodiﬁcaƟon Applicability Map contained in the MRP are exempt from this requirement.
(c) HydromodiﬁcaƟon Management Measures shall be designed and implemented in accordance with City regulaƟons, MRP requirements, and other applicable regulaƟons and policies.

(d) All HydromodiﬁcaƟon Management Measures are subject to inspecƟon and approval by the Director.

16.11.220 OperaƟon and Maintenance of Stormwater Treatment Measures and HydromodiﬁcaƟon Management Measures

All Regulated Projects shall comply with the following:

(a) The property owner(s), its administrators, successors, and any other Persons responsible for the management of the property, including any homeowner's associaƟon, shall take all necessary acƟons to ensure that the Stormwater Treatment and HydromodiﬁcaƟon Management Measures are properly maintained so that all measures conƟnue to operate as originally designed and approved for the life of the project. These measures shall not be removed, replaced, or amended without the Director’s approval.

(b) Before a Building Permit is issued, a maintenance agreement shall be submiƩed to the Director describing all required Stormwater Treatment and HydromodiﬁcaƟon Management Measures, including all informaƟon and documentaƟon required by the Director. This Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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agreement shall be approved by the Director, signed by the City AƩorney or designee and property owner(s), and recorded with Santa Clara County. If property changes ownership at any Ɵme, the new property owner(s) shall take on responsibility for maintenance of any Stormwater Treatment and HydromodiﬁcaƟon Management Measures located on that property and shall adhere to the operaƟons and maintenance agreement.

(c) The operaƟon and maintenance of the Measures shall at all Ɵmes be conducted in accordance with the terms and condiƟons of the approved maintenance agreement.

(d) Any Stormwater Treatment Measure and/or HydromodiﬁcaƟon Management Measure constructed through an alternaƟve compliance opƟon (allowed by the Director per

16.11.180(c)) shall also have a maintenance agreement that complies with this secƟon.

16.11.230 Low Impact Development Source Control and Site Design Measures for Projects Other Than “Regulated Projects” Under SecƟon 16.11.150

Development and Redevelopment Projects that require a Planning and Land Use EnƟtlement or Building Permit from the City but are not Regulated Projects shall implement LID Source Control and Site Design Measures as required by City RegulaƟons and the MRP. The design and implementaƟon of the measures shall be in accordance with the guidelines and technical speciﬁcaƟons established by the Director, City regulaƟons, and the MRP . LID features shall not be altered without permission from the Director.

16.11.240 Requirements for All Development Projects

(a) Applicability. This SecƟon shall apply to any Development Project that requires a Planning and Land Use EnƟtlement review or Building Permit, except for minor projects such as those limited to signs, fences, and parking restriping that have no or minimal potenƟal to create Non-Stormwater Discharges.
(b) Development projects shall meet all applicable requirements of the Palo Alto RegulaƟons for Stormwater PolluƟon PrevenƟon and must be designed to accommodate Best Management PracƟces described in SecƟon 16.11.290 and City regulaƟons, as applicable.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.250 Requirements for Loading Docks

(a) Applicability. This SecƟon shall apply to any project that includes the construcƟon of a Loading Dock.

(b) The following requirements shall be met for all Loading Docks where applicable:

(1) The Loading Dock and surrounding area shall consist of Impervious paving appropriate for the material(s) that will be loaded/unloaded to avoid leaching into or degradaƟon of paving.

(2) The Loading Dock shall be covered and protected from precipitaƟon, Stormwater Runoﬀ and Stormwater Run-on to minimize potenƟal Non-Stormwater Discharges.

(3) The Loading Dock shall be designed to drain to the Sanitary Sewer System. Drains may be required to be equipped with a fail-safe shut-oﬀ valve, normally closed, or equivalent device according to the type of materials or substances being transferred.

Valve shall be immediately shut oﬀ if a spill of any size occurs and shall not be opened unƟl the spill is complete remediated.

16.11.260 Drainage Design Standards for Development Projects

(a) All new Development Projects shall meet the requirements of the Public Works Drainage Design Standards and the Santa Clara County Drainage Manual in eﬀect at the Ɵme of submission of a complete planning applicaƟon, or if no planning applicaƟon is required for the Development Project, at the Ɵme of submission of a complete applicaƟon for a Building Permit or excavaƟon and grading Permit, whichever occurs ﬁrst.

(b) All Redevelopment projects and Remodels requiring a Building Permit or excavaƟon and grading Permit shall meet the requirements of the Public Works Drainage Design Standards provided by the Public Works Director for the porƟon of the site or facility being constructed, Remodeled, or improved.

(c) Notwithstanding the foregoing provisions of this SecƟon, a project shall not be subject to Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
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the requirements of this SecƟon if the project does not include new drainage paƩerns or alter exisƟng drainage paƩerns of the site.

16.11.270 Requirements for ConstrucƟon Sites and AcƟviƟes

(a) All workers, contractors, subcontractors, and superintendents of ConstrucƟon Sites of any size shall follow and implement all applicable provisions of Stormwater management, PolluƟon prevenƟon, and erosion and sediment control plans and ensure that BMPs are in place to prevent potenƟal Pollutants from being tracked, mobilized, carried, transported, or Discharged into the on-site storm drain inlet(s), City’s right-of-way, Storm Drain System, and Receiving Waters, as required by City regulaƟons.

(b) Projects covered under the State of California ConstrucƟon General Permit (CGP) shall also meet the requirements of this SecƟon. Project Applicants shall provide to the City a copy of the NoƟce of Intent and NoƟce of TerminaƟon required under the CGP .

(c) ConstrucƟon BMPs shall be in place unƟl exterior Impervious Surfaces, the Building shell, landscaping, and Stormwater Treatment Measures are in place. In addiƟon to BMPs generally applicable to ConstrucƟon Sites year-round, all ConstrucƟon Sites shall implement site-speciﬁc, seasonally and phase-appropriate BMPs as required by the Director.

(d) The Director is authorized to oversee, inspect, and require expedient compliance with the requirements of this SecƟon at all ConstrucƟon Sites year-round. InspecƟons shall occur at a regular frequency established by the Director.

(e) Contractor/Subcontractor Requirements. The Applicant shall be responsible for ensuring that its contractors and subcontractors comply with this SecƟon.

Part 4 Required Best Management PracƟces for All Dischargers

16.11.280 Minimum Best Management PracƟces for All Dischargers

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(a) Any Person engaged in acƟviƟes or operaƟons that will or may result in a Non-Stormwater Discharge, or who owns or manages a facility or property where such acƟviƟes or operaƟons occur, shall implement and consistently comply with applicable BMPs outlined in the City regulaƟons.

(b) The Director may require compliance with addiƟonal requirements, including Structural Retroﬁt BMPs, if necessary, to achieve the purposes of this Chapter.

Part 5 Illicit Discharge DetecƟon and EliminaƟon and Mobile Sources

16.11.290 Spill Containment and NoƟﬁcaƟon of Non-Stormwater Discharges

(a) Any Responsible Party who has knowledge or informaƟon of any known or suspected release of materials, which has resulted in or may result in a Non-Stormwater Discharge other than that permiƩed by this Chapter shall immediately report to the City and take all necessary steps to immediately cease, contain, and clean up the spill using dry clean-up methods. If a Person cannot idenƟfy the spilled material, the Person shall not aƩempt to clean it up in a manner that may result in a Discharge or harm to human health. The Responsible Party shall adhere to the City regulaƟons and any other direcƟon from the Director or other City representaƟve.

(b) If a spill occurs on private property, the Responsible Party shall be responsible for cleaning the private property and any private sanitary or storm drain components located on said property. The Responsible Party shall seek guidance from City staﬀ before cleaning the private sanitary or storm drain components.

(c) The Responsible Party or representaƟve shall not clean any City infrastructure, including any components of the City’s Storm Drain or Sanitary Sewer Systems, without permission from the Director.

(d) The Director shall conduct an invesƟgaƟon and enforcement per the Enforcement Response Plan unƟl the issue is deemed corrected.

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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(e) The Responsible Party and their agents shall adhere to the requirements of Title 17 of this Code with respect to Hazardous Materials and Wastes, and all applicable requirements of the County of Santa Clara and the State of California.

16.11.300 Mobile Businesses

(a) Non-Stormwater Discharges from Mobile Businesses. Mobile Businesses whose acƟviƟes involve the potenƟal Non-Stormwater Discharge shall not allow wash water or any other Non-Stormwater Discharge to Discharge into a storm drain inlet or other component of the Storm Drain System, onto the street, sidewalk, or other paved surface, or directly into a water body. Instead, all wash water and Pollutants shall be disposed of in a cleanout that is connected to the Sanitary Sewer System according to the requirements of the City of Palo Alto Pretreatment Program.

(b) Mobile Businesses shall employ BMPs to prevent Pollutants from Discharging to the Storm Drain System or the Sanitary Sewer Systems without pretreatment, as required by City regulaƟons or otherwise required by the Director.

Part 5 PesƟcides Toxicity Control

16.11.310 PesƟcides Toxicity Control

(a) The Director shall develop, maintain, and implement an Integrated Pest Management Policy and procedures for the use of pesƟcides.
(b) All City employees and contractors shall comply with the Integrated Pest Management Policy and procedures in City operaƟons and on City property.

Part 6 Trash Load ReducƟons

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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16.11.320 Trash Load ReducƟons

(a) Requirements for ExisƟng Businesses. By July 1, 2025, private properƟes that generate moderate, high, or very high trash loads, as deﬁned in City regulaƟons, and that Discharge into private storm drain inlets, shall be equipped with Full Trash Capture Systems or be managed with trash Discharge control acƟons equivalent to or beƩer than Full Trash Capture Systems. Property owners must install and maintain trash capture systems in compliance with City regulaƟons and the requirements of the MRP . Property owners shall be responsible for documenƟng maintenance records per requirements of the City regulaƟons.

Maintenance records shall be made available to the Director upon request.

(b) Requirements for Development Projects. All Development Projects that have operable private storm drain inlets on their property that directly Discharge to the City’s Storm Drain System, any creek, or the San Francisco Bay shall install and maintain Full Trash Capture Devices or systems in compliance with City regulaƟons and requirements of the State Water Resources Control Board.

(c) Full Trash Capture Device or System Maintenance Requirements. Full Trash Capture Devices or Systems shall be maintained by the property owner to ensure that they are operaƟng appropriately and have suﬃcient operaƟng capacity to capture trash consistent with the MRP and City regulaƟons. The inspecƟon and maintenance of each Full Capture Device shall be at a frequency suﬃcient to prevent overﬂow or bypassing of trash and plugging or clogging of screen and device's trash reservoir. Full Trash Capture Devices will be inspected by City staﬀ to ensure compliance.

(d) The private property owner shall be responsible for documenƟng maintenance records per requirements of the City regulaƟons. Maintenance records shall be made available to the Director upon request.

Part 7 Mercury Controls

16.11.330 Mercury Controls

Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

Item 16: Staff Report
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(a) The Director shall implement a mercury control program consisƟng of load reducƟon assessment, PolluƟon prevenƟon, Source Control Measures, treatment control measures, Green Stormwater Infrastructure, and measures to reduce risk to consumers of Bay ﬁsh.

(b) Source Property IdenƟﬁcaƟon and Abatement. The Director shall invesƟgate and idenƟfy properƟes and land areas that likely contribute mercury to the Storm Drain System and take acƟon to abate or cause abatement of the mercury sources or refer the idenƟﬁed properƟes to the Regional Water Board for follow-up measures. Source properƟes referred to the Water Board shall implement interim enhanced operaƟon and maintenance measures as required by the Director.

(c) Designated ProperƟes. ProperƟes in industrial areas and in other zones designated in City regulaƟons shall implement treatment control measures, GSI measures, or other control measures to treat Stormwater per the MRP , regional guidance and City regulaƟons.

Part 8 Polychlorinated Biphenyls (PCBs) Controls

16.11.340 Polychlorinated Biphenyls Controls

(a) The Director shall implement a polychlorinated biphenyls (PCBs) control program consisƟng of an assessment methodology and data collecƟon program to idenƟfy and quanƟfy reducƟons of PCB loads in Stormwater through implementaƟon of PolluƟon prevenƟon, Source Control, and treatment control, Green Stormwater Infrastructure, and other measures.

(b) Source Property IdenƟﬁcaƟon and Abatement. The Director shall invesƟgate and idenƟfy properƟes and land areas that likely contribute PCBs to the Storm Drain System and take acƟon to abate or cause abatement of the PCB sources and/or refer the idenƟﬁed properƟes to the Regional Water Board for follow-up measures. Source properƟes referred to the Water Board shall implement interim enhanced operaƟon and maintenance measures as required by the Director.

(c) Designated ProperƟes. ProperƟes in industrial areas and in other zones designated in City regulaƟons or properƟes otherwise designated by the Director shall implement treatment Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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control measures, GSI measures, or other control measures to treat Stormwater according to the requirements of the MRP , regional guidance, and City regulaƟons.

16.11.350 Management of PCBs During Building DemoliƟon AcƟviƟes

(a) Applicability. This secƟon shall apply to projects that require a DemoliƟon Permit.

DemoliƟons of single-family residences or any wood-framed structures are exempted from this requirement.

(b) PCB Screening Assessment. Any Person undertaking a project that involves the demoliƟon of an enƟre Building constructed or Remodeled between January 1, 1950 and December 31, 1980, inclusive, shall perform a PCB Screening Assessment to determine the presence of PCBs and other hazardous substances at the demoliƟon site and to follow applicable disposal requirements. The PCB Screening Assessment shall be submiƩed prior to issuance of any demoliƟon Permit, in a form and substance prescribed by the Director. The Director may require the PCB Screening Assessment to include any informaƟon reasonably necessary to determine the concentraƟon of PCBs in any primary building materials.

(c) For demoliƟon of Buildings containing materials with PCBs concentraƟons of 50 ppm or greater approved on and aŌer July 1, 2023 idenƟﬁed per required sampling procedures of this PCBs Program, demoliƟon contractors shall noƟfy the City at least two weeks before any demoliƟon is to occur. Applicant shall determine if addiƟonal agency noƟﬁcaƟon or approvals, or addiƟonal sampling for and abatement of PCBs, is required under other applicable laws. Applicant shall comply with all federal and state laws and regulaƟons, including but not limited to health, safety, and environmental laws and regulaƟons, that relate to management and cleanup of any and all PCBs, including but not limited to PCBs in priority building materials, other PCBs-Contaminated materials, PCBs-Contaminated liquids, and PCBs waste. The requirements of this secƟon do not replace or supplant the requirements of state or federal law, including but not limited to the Toxic Substances Control Act, 40 Code of Federal RegulaƟons (CFR) Part 761, and California Code of RegulaƟons (CCR) Title 22. The demoliƟon contractors shall provide noƟﬁcaƟon to the City if it is determined that advance approval from the U.S. EPA is required. If advance approval to U.S. EPA is not required, then the demoliƟon contractors shall submit a Hazardous Waste manifest for the disposal of the PCBs materials to the City within one week of it becoming Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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available. The demoliƟon contractors shall noƟfy the City that the demoliƟon is complete within ﬁve business days of compleƟon.

(d) Applicants shall submit wriƩen noƟﬁcaƟons documenƟng any changes in the informaƟon submiƩed in compliance with this secƟon to the Director when changes in project condiƟons aﬀect the informaƟon submiƩed with the Permit applicaƟon.

(e) Applicants shall conduct onsite PCB control measures described in City regulaƟons and as prescribed by the Director.

(f) The Director shall inspect ConstrucƟon Sites during demoliƟon to verify adequate implementaƟon of ConstrucƟon Site controls and proper disposal of PCB-containing materials.

(g) Recordkeeping. Applicants shall maintain documentaƟon of the results of the priority building materials screening assessment for a minimum of ﬁve years aŌer submiƩal to the City.

(h) Liability. Applicant is responsible for safely and legally complying with the requirements of this secƟon. Neither the issuance of a Permit under the requirements of the Director or building department, nor the compliance with the requirements of this secƟon or with any condiƟon imposed by the City, shall relieve any Person from responsibility for damage to Persons or property resulƟng therefrom, or as otherwise imposed by law, nor impose any liability upon the City for damages to Persons or property.

Part 9 Copper Controls

16.11.360 Copper Controls

(a) Pools, Spas, and Fountains. Discharges from pools, spas, and fountains that contain copper- based chemicals are prohibited from entering the Storm Drain System. Owners of pools, spas, and fountains shall either install a connecƟon to a private sanitary sewer, including a Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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connecƟon for ﬁlter backwash, or divert the Discharge for use in landscaping. Discharge diverted for use in landscaping shall not overﬂow the landscaped area.

(b) Sources. Each industrial source in the City shall have BMPs in place to minimize Discharge of copper to the Storm Drain System, including consideraƟon of roof runoﬀ that might accumulate copper deposits from venƟlaƟon systems on site.

(c) Rooﬁng Materials. Copper metal rooﬁng, copper granule containing asphalt shingles, and copper guƩers shall not be permiƩed for use on any residenƟal, commercial, or industrial Building for which a Building Permit is required. Copper ﬂashing for use under Ɵles or slates and small copper ornaments are exempt from this prohibiƟon. Replacement rooﬁng and guƩers on historic structures are exempt, provided that the rooﬁng material used shall be pre-paƟnated at the factory. For the purposes of this exempƟon, the deﬁniƟon of "historic" shall be limited to structures designated as Category 1 or Category 2 Buildings in the current ediƟon of the Palo Alto Historical and Architectural Resources Report and Inventory.

(d) Sites requiring copper controls shall comply with all applicable BMPs described in City regulaƟons and otherwise prescribed by the Director.

SECTION 3. If any SecƟon, SubsecƟon, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not aﬀect the validity of the remaining porƟon or SecƟons of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each SecƟon, SubsecƟon, sentence, clause or phrase thereof irrespecƟve of the fact that any one or more SecƟons, SubsecƟons, sentences, clauses or phrases be declared invalid.

SECTION 4. The Council ﬁnds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to SecƟon 15308 of the CEQA Guidelines, because it is an acƟon taken by the City as a regulatory agency to assure the maintenance, restoraƟon, enhancement, or protecƟon of the environment where the regulatory process involves procedures for protecƟon of the environment.
//
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Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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SECTION 5. This ordinance shall be eﬀecƟve on the thirty-ﬁrst day aŌer the date of its adopƟon.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City AƩorney or Designee City Manager

____________________________
Director of Public Works
Item 16
Attachment B - Ordinance
of the Council of the City of
Palo Alto Amending Chapter

16.11 (Stormwater Pollution
Prevention) of Title 16
(Building Standards) of the
Palo Alto Municipal Code

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Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.13, Requirements for Food FaciliƟes Related to Water PolluƟon PrevenƟon and Management of Fats, Oils, and Grease

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and DeclaraƟons. The City Council ﬁnds and declares as follows:

A. Urban Stormwater Runoﬀ is considered a signiﬁcant pathway for Pollutants into local creeks and the San Francisco Bay. Rain, irrigaƟon, and other water ﬂows wash Pollutants oﬀ impervious surfaces like streets, sidewalks, roofs, driveways, and parking lots into Storm Drain Systems and creeks and, ulƟmately, to the San Francisco Bay. Water that ﬂows to the Bay from the Storm Drain System and creeks does not receive any treatment and is oŌen contaminated by Pollutants that can be toxic to ﬁsh, wildlife, and people.

B. Fats, Oils and Grease generated by Food FaciliƟes can easily clog Sanitary Sewer System pipes when ﬂushed down the drain without pretreatment. Clogged pipes can result in Sanitary Sewer System backups and overﬂows, pollute local creeks and the Bay, and cause signiﬁcant infrastructure damage creaƟng a ﬁnancial strain on businesses, residents, and the City.

C. The City is required to comply with the State Water Resources Control Board Order No.

WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, which requires protecƟon of the Sanitary Sewer System and eliminaƟon of preventable Sanitary Sewer Overﬂows.

D. ProtecƟon of the Storm Drain System, Sanitary Sewer System, and local Receiving Waters requires strict regulaƟons to prevent discharges and damage to infrastructure. Water quality requirements in the Municipal Regional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board, the U.S. Environmental ProtecƟon Agency "General Pretreatment RegulaƟons for ExisƟng and New Sources of PolluƟon" published at Title 40 of the Code of Federal RegulaƟons, Part 403, and the Federal Water PolluƟon Control Act, 33 U.S.C. secƟon 1251 shall be followed.

E. In order to beƩer protect public health, local Receiving Waters, and the City’s Storm Drain and Sanitary Sewer Systems, the City now intends to update its Municipal Code to include all applicable Food Facility requirements within the same Chapter 16.13, as opposed to dividing Stormwater and pretreatment requirements between mulƟple chapters.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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F. Food FaciliƟes shall also adhere to requirements in Chapter 16.11, a component of the City’s Stormwater Compliance Program, which supports the City’s authority to implement Stormwater PolluƟon prevenƟon requirements mandated by the Regional Water Quality Control Board.

SECTION 2. Title 16 of the Palo Alto Municipal Code is amended to establish Chapter 16.13 to read as follows:

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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Table of Contents
Part 1 Purpose and Intent; DeﬁniƟons _____________________________________________ 5

16.13.010 Purpose and Intent ________________________________________________________ 5

16.13.020 DeﬁniƟons _______________________________________________________________ 5 Part 2 General Provisions ______________________________________________________ 10

16.13.030 AdministraƟon ___________________________________________________________ 10

16.13.040 Applicability _____________________________________________________________ 11

16.13.050 Conﬂicts with Other Laws __________________________________________________ 11

16.13.060 Alternate Means and Methods ______________________________________________ 11

16.13.070 RetenƟon of Records ______________________________________________________ 11

16.13.080 ObstrucƟon, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way ____________________________________________________________________ 11 Part 3 Authority to Inspect and Enforce ___________________________________________ 12

16.13.090 Authority to Inspect _______________________________________________________ 12

16.13.100 Authority to Require CorrecƟve AcƟons _______________________________________ 12

16.13.110 Fees and Charges _________________________________________________________ 13 Part 4 Prohibited Discharges, Devices, and ConnecƟons ______________________________ 13

16.13.120 Prohibited Discharges _____________________________________________________ 13

16.13.130 Prohibited Devices, Equipment, and ConnecƟons _______________________________ 14 Part 5 Grease Control Device Requirements ________________________________________ 14

16.13.140 Requirements for Installing or Replacing ExisƟng Grease Control Devices _____________ 14

16.13.150 Grease Control Device Maintenance Requirements ______________________________ 14 Part 6 RooŌop Grease Containment System Requirements ____________________________ 14

16.13.160 Requirements for Installing or Replacing ExisƟng RooŌop Grease Containment Systems _ 14 Part 7 Waste Oil Management Requirements ______________________________________ 14

16.13.170 Waste Oil Storage Requirements for Food FaciliƟes ______________________________ 14

16.13.180 Waste Oil Management and Maintenance Requirements for Food FaciliƟes ___________ 15 Part 8 Spill Response Requirements ______________________________________________ 15

16.13.190 Requirements for Fats, Oils, and Grease Spill Response AcƟviƟes Conducted at and Associated with Food FaciliƟes _______________________________________________________ 15 Part 9 Best Management PracƟces for ExisƟng FaciliƟes ______________________________ 15

16.13.200 Required Best Management PracƟces for ExisƟng FaciliƟes ________________________ 15 Part 10 Mobile Food FaciliƟes ___________________________________________________ 15 Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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16.14.210 Mobile Food FaciliƟes _____________________________________________________ 15 Part 11 Food Facility Closure or Ownership Change __________________________________ 15

16.14.220 Food Facility Closure or Change of Ownership __________________________________ 15

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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Part 1 Purpose and Intent; DeﬁniƟons

16.13.010 Purpose and Intent

The purpose of this Chapter is to control and limit impacts from Fats, Oils, and Grease (FOG) generated by Food FaciliƟes to the City of Palo Alto (City) Storm Drain System, Sanitary Sewer System, right-of-way, and Receiving Waters, including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural habitats, as well as to protect human health and the environment. This Chapter is enacted and shall be implemented in a manner consistent with the U.S. Environmental ProtecƟon Agency "General Pretreatment RegulaƟons for ExisƟng and New Sources of PolluƟon" published at Title 40 of the Code of Federal RegulaƟons, Part 403, the Porter-Cologne Water Quality Control Act (Water Code SecƟon 13000 et seq.), and the Federal Clean Water Act (33 U.S.C. SecƟon 1251 et seq.) (CWA), as amended from Ɵme to Ɵme. This Chapter is designed to be no less stringent than regional, state or federal regulaƟons, rules, orders, and policies but in some respects is more stringent. The City intends to update and modify this Chapter as needed to conƟnue to meet state and regional requirements and provide a program for protecƟon of the San Francisco Bay and other Receiving Waters. If any provision of this Chapter conﬂicts with state or regional requirements, as amended or updated, the more stringent and environmentally protecƟve provision shall apply.

This Chapter supplements the provisions of Chapters 16.09 and 16.11 of the Palo Alto Municipal Code, which apply to uses and acƟviƟes in the City more broadly, as well as Food FaciliƟes. This Chapter is intended to complement, rather than supersede, the provisions of City building codes and regulaƟons applicable to the installaƟon and operaƟon of grease capturing equipment.

16.13.020 DeﬁniƟons

The following terms, whenever used in this Chapter, are capitalized and shall be as deﬁned herein. For purposes of this Chapter, terms deﬁned in Chapter 16.11 shall have the same meaning in this Chapter, 16.13, except to the extent expressly modiﬁed in this SecƟon. (a) “A” deﬁniƟons: Reserved
(b) “B” deﬁniƟons:
(1) “Best Management PracƟces” or “BMPs” means a combinaƟon of general good housekeeping pracƟces, PolluƟon prevenƟon and educaƟonal pracƟces, operaƟons and maintenance procedures, and other pracƟces to prevent or reduce to the Maximum Extent PracƟcable Non-Stormwater Discharges directly or indirectly to the Storm Drain System, Sanitary Sewer System, right-of-way, or Receiving Waters. (2) “Building” means any structure used or intended for supporƟng or sheltering any use or occupancy.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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(c) “C” deﬁniƟons:
(1) “City” or “The City” means City of Palo Alto, California. (2) “Community Food Producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restricƟons, including but not limited to restricƟons governing personal gardens, community gardens, school gardens, and culinary gardens. (d) “D” deﬁniƟons:
(1) “Director” means the Director of Public Works of the City of Palo Alto and their duly authorized designees.
(2) “Discharge” means the introducƟon of a Pollutant to the Storm Drain System, Sanitary Sewer System, or a Receiving Water from any acƟvity or operaƟon associated with a Food Facility or Mobile Food Facility. (3) “Discharger” means any Person who causes or permits a Discharge. (e) “E” deﬁniƟons:
(1) “Enforcement Response Plan” or “ERP” means a reference document for inspecƟon staﬀ and management to ensure a consistent and transparent enforcement process for meeƟng City, regional, and state requirements.
(f) “F” deﬁniƟons:
(1) “Fats, Oils, and Grease” or “FOG” means any substance, such as a vegetable or animal product, that is used in, or is a byproduct of, the cooking or food preparaƟon process, and that turns or may turn viscous or solidiﬁes with a change in temperature or other condiƟons. FOG does not include any products associated with petroleum.
(2) “Food Facility” means a permanent establishment or mobile business operaƟng for the purpose of preparing, packaging, serving, or providing food (including only pre- packaged) and/or drinks for consumpƟon by that establishment’s members, customers, employees, or the general public. “Food Facility” does not include the following:
(i) LocaƟons where food is stored temporarily but not prepared or served; (ii) Private home kitchens, also known as coƩage food operaƟons, as deﬁned by the California Department of Public Health;
(iii) Community Food Producers;
(iv) Farmers’ markets and produce stands, except where food is prepared and served at the market;
Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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(v) Kitchen faciliƟes principally for individual use by employees ancillary to another primary use (i.e., oﬃce break rooms); and
(vi) Public events at temporary locaƟons without connecƟons to the Sanitary Sewer System and Storm Drain System.
(3) “Food Facility Development Project” means new construcƟon or replacement of a structure built to serve solely as a Food Facility or a structure that includes a Food Facility and requires a Planning EnƟtlement or Building Permit from the City. (4) “Food Waste Disposer” means a device installed under a sink drain used to shred and/or grind food waste into smaller parƟcles in order for it to drain to the Sanitary Sewer System.
(g) “G” deﬁniƟons:
(1) “Grease Control Device” means a device designed to collect and prevent passage of food waste and FOG into the Sanitary Sewer System. Grease Control Devices addressed in this Chapter include gravity grease interceptors, grease removal device(s), and hydromechanical grease interceptors.
(h) “H” deﬁniƟons: Reserved
(i) “I” deﬁniƟons: Reserved
(j) “J” deﬁniƟons: Reserved
(k) “K” deﬁniƟons: Reserved
(l) “L” deﬁniƟons:
(1) “Lateral” means the drainage piping and appurtenances that consƟtute a Building’s connecƟon to the Sanitary Sewer System.
(m) “M” deﬁniƟons:
(1) “Maximum Extent PracƟcable” or “MEP” means uƟlizing all reasonably feasible means, including implementaƟon of BMPs, control techniques, and system, design and engineering methods.
(2) “Mobile Food Facility” means any vehicle used in conjuncƟon with a commissary or other permanent Food Facility upon which food is sold or distributed at retail. This does not include a “transporter” used to transport packaged food from a Food Facility, or other approved source to the consumer.
(3) “Municipal Regional Permit” or “MRP” means the most recently adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a mulƟ-countywide municipal Stormwater NPDES Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region-Region 2 (Regional Water Board), to Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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regulate Discharges from municipaliƟes and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara counƟes, and the ciƟes of Fairﬁeld, Suisun City, and Vallejo to the San Francisco Bay.
(n) “N” deﬁniƟons:
(1) “Non-Stormwater Discharge” means any Discharge that is not enƟrely composed of Stormwater. Non-Stormwater Discharges include but are not limited to polluted groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit Discharge.
(2) “NPDES” means NaƟonal Pollutant Discharge EliminaƟon System, which is a naƟonal program for issuing, modifying, revoking and reissuing, terminaƟng, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under SecƟons 307, 402, 318, and 405 of the Federal Clean Water Act. (o) “O” deﬁniƟons: Reserved
(p) “P” deﬁniƟons:
(1) “Person” means any individual, partnership, ﬁrm, company, corporaƟon, associaƟon, joint venture, joint stock company, trust, estate, governmental enƟty, or any other legal enƟty; or their representaƟves, agents, or designees. (2) “Pervious” refers to a material or surface (such as landscaping or natural landscape) that allows water to inﬁltrate below the surface. Pervious materials may include, but are not limited to, permeable interlocking concrete pavers, permeable pavers, Pervious concrete and porous asphalt.
(3) “Planning EnƟtlement” means approval provided by the City to develop a Building (or Buildings) or a piece of land for a speciﬁc use according to the City’s development standards, rules, and regulaƟons.

(4) "Pollutants” or “Pollutant” means those substances that may cause or contribute to the degradaƟon of water quality of Receiving Waters and are harmful to aquaƟc life, human health and the environment. Pollutants associated with Food FaciliƟes include cleaning agents, food waste, trash, and Fats, Oils, and Grease. (5) "PolluƟon" means the presence, introducƟon or Discharge into a Receiving Water of a Pollutant that has harmful or poisonous eﬀects on aquaƟc life, ecological habitat, natural processes of creeks and waterbodies, public health and the environment. (q) “Q” deﬁniƟons: Reserved

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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(r) “R” deﬁniƟons:
(1) “Receiving Water” means waters of the State, as deﬁned by the Porter-Cologne Water Quality Control Act. Receiving Waters include but are not limited to creeks, marshes, wetlands, shorelines, estuaries, and bays.
(2) "Refuse" means and includes compostable materials, recyclable materials, and solid waste. Solid waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanaƟng from residenƟal premises or commercial premises including but not limited to garbage, trash, rubbish, ashes, and industrial wastes.
(3) “Refuse Management Area” means an area located outdoors used to store Refuse bins and/or dumpsters, inside or outside of an enclosure. (4) “Responsible Party” means any Person who owns, operates, or manages a property, business, facility, or site, or who is otherwise responsible for the acƟviƟes thereon or the Person whose acƟon or omission causes or results in a violaƟon of this Chapter. (5) “RooŌop Grease Containment Systems” means the ﬁlters applied to rooŌop terminaƟons at Food FaciliƟes. They are applied to rooŌop fans on exhaust systems to capture the aerosol form of FOG from food being cooked in the kitchen. (s) “S” deﬁniƟons:
(1) “San Francisco Bay Regional Water Quality Control Board” or “Regional Water Board” means the regional agency whose mission is to preserve, enhance, and restore the quality of the San Francisco Bay’s water resources for the protecƟon of the environment, public health, and all beneﬁcial uses. This agency oversees compliance of the MRP .
(2) “Sanitary Sewer Overﬂow” means any overﬂow, spill, release, Discharge, or diversion of untreated or parƟally treated wastewater from a Sanitary Sewer System. (3) “Sanitary Sewer System” means the collecƟon system, all sewers, treatment plants and other faciliƟes owned or operated by the City for carrying, collecƟng, storing, treaƟng, reclaiming, and disposing of sanitary sewage and industrial wastes (as deﬁned in SecƟon 16.09.015 of Title 16 of the Palo Alto Municipal Code). (4) “Storm Drain System” means the storm drain faciliƟes owned, managed, or operated by the City by which Stormwater is collected and/or conveyed to Receiving Waters, including but not limited to streets and roads, guƩers, curbs, inlets, piped storm drains, parking lots, pumping faciliƟes, retenƟon and detenƟon basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City’s jurisdicƟon. The Storm Drain System also includes pipes, underground and surface conveyances, and other components on private property Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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and other property within the City’s limits not owned by the City that connect and/or route Stormwater and Stormwater Runoﬀ to the City’s Storm Drain System. (5) “Stormwater” means any surface ﬂow, runoﬀ, and drainage consisƟng enƟrely of water that originates from precipitaƟon events.
(6) “Stormwater Runoﬀ” means ﬂow that is created when precipitaƟon falls on Impervious Surfaces or compacted Pervious surfaces that do not allow water to inﬁltrate into the ground.
(7) “Structural Retroﬁt Best Management PracƟces” or “Structural Retroﬁt BMPs” means a retroﬁt to a structure, ﬁxed feature, or property to prevent or minimize the potenƟal of a Discharge to the Storm Drain System, Sanitary Sewer System, or Receiving Waters.
(t) “T” deﬁniƟons: Reserved
(u) “U” deﬁniƟons:
(1) “United States Environmental ProtecƟon Agency” or “U.S. EPA” or “EPA” means the Environmental ProtecƟon Agency of the United States of America, a federal agency, whose mission is to protect human health and the environment and the oversees compliance with environmental regulaƟons.
(v) “V” deﬁniƟons: Reserved
(w) “W” deﬁniƟons:
(1) “Waste Oil” means FOG generated by cooking or Food Facility equipment that is not plumbed to the Sanitary Sewer System but is collected, stored, and hauled oﬀ-site.

Waste Oil is also known as cooking oil, yellow oil, or tallow. (2) “Waste Oil Container” means any container used to store Waste Oil. (x) “X” deﬁniƟons: Reserved
(y) “Y” deﬁniƟons: Reserved
(z) “Z” deﬁniƟons: Reserved

Part 2 General Provisions

16.13.030 AdministraƟon

The Director shall be responsible for the administraƟon and enforcement of the provisions of this Chapter and for promulgaƟng such orders, rules, condiƟons of approval, and requirements as are necessary to accomplish the purposes of this Chapter. The primary regulatory document

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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implemenƟng this Chapter is Palo Alto RegulaƟons for Food FaciliƟes Related to Water PolluƟon PrevenƟon and Management of Fats, Oils, and Grease.

16.13.040 Applicability

This Chapter shall apply to all Food FaciliƟes and Mobile Food FaciliƟes as deﬁned in this Chapter. Nothing in this Chapter shall be interpreted to infringe on any vested property right.

16.13.050 Conﬂicts with Other Laws

In the event of any conﬂict between this Chapter and any federal or state law, regulaƟon, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this Chapter shall preclude enforcement of any other applicable law, regulaƟon, order, or permit.

16.13.060 Alternate Means and Methods

If compliance with any secƟon of these regulaƟons is infeasible, the Director, upon applicaƟon in wriƟng by the owner, a lessee, or an authorized representaƟve of the Food Facility, is authorized to approve alternate means or methods of compliance with this Chapter. The Food Facility shall demonstrate, as required by the Director, that the proposed alternaƟve is at least equivalent in quality, strength, eﬀecƟveness, ﬁre resistance, durability, and safety. The parƟculars of any such approval made by the Director shall be in wriƟng and a signed copy shall be furnished to the applicant.

16.13.070 RetenƟon of Records

Food FaciliƟes shall comply with the records retenƟon requirements in the Palo Alto RegulaƟons for Food FaciliƟes.

16.13.080 ObstrucƟon, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way

Dischargers shall be responsible for and liable to the City for any obstrucƟon, damage, or impairment to the Storm Drain System, Sanitary Sewer System, and other rights-of-way associated with a Discharge that causes an obstrucƟon, damage, or any other impairment to the Storm Drain System and Sanitary Sewer System. The City may assess a charge against the Discharger to reimburse the City for costs incurred to clean or repair said obstrucƟon, damage or impairment.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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Part 3 Authority to Inspect and Enforce

16.13.090 Authority to Inspect

(a) The Director shall have the authority to inspect inside and outside of private and public Food FaciliƟes, sites, property, structures, equipment, and drainage systems associated with Food FaciliƟes, whether exisƟng or under construcƟon, whenever necessary to ensure and conﬁrm compliance with this Chapter and applicable state, regional, and City regulaƟons.

(b) The Director shall be authorized to enter, without unreasonable delay, any premises subject to the requirements of this Chapter to conduct inspecƟons and monitoring to assure compliance with this Chapter and applicable state, regional, and City regulaƟons.

An inspecƟon fee shall be charged for each inspecƟon at the amount listed in the City’s Adopted Municipal Fee Schedule.

(c) In the event the owner or occupant of the premises refuses entry aŌer a request to enter and inspect the premises has been made, the City is hereby empowered to seek assistance from any court of competent jurisdicƟon in obtaining such entry.

16.13.100 Authority to Require CorrecƟve AcƟons

(a) Enforcement. The Director shall have primary responsibility for enforcement of this Chapter. The Director is authorized to take all acƟons reasonable and necessary to enforce this Chapter and any regulaƟons developed as required hereunder. ViolaƟons of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code secƟon 836.5.

(b) The Director may require any Food Facility or Person deemed to have violated this Chapter to take any or all of the following acƟons:

(1) Ensure that the PolluƟon be remediated and the aﬀected private and City property and infrastructure, as relevant, be restored within a speciﬁed Ɵme. The Responsible Party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the City for cleanup acƟviƟes associated with any Discharges that have entered the City’s right-of-way, Storm Drain and/or Sanitary Sewer Systems. (2) Implement applicable BMPs to protect the Storm Drain System, Sanitary Sewer System, and Receiving Waters to address Pollutant sources, including but not limited to, outdoor Waste Oil storage and disposal areas; outdoor Refuse Management Areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; rooŌop equipment; Grease Control Devices and associated plumbing connecƟons; private Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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Laterals; and other sources that have a reasonable potenƟal to contribute to PolluƟon.
(3) Install Structural Retroﬁt BMPs to address noncompliance of this Chapter. These projects shall be approved by the Director and may be require a Planning EnƟtlement or Building Permit approval from the City.

(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate Ɵmely and eﬀecƟve compliance with the requirements of this Chapter. The Enforcement Response Plan shall contain, at a minimum, the following:
(1) Enforcement procedures;
(2) Enforcement tools and scenarios;
(3) Procedures for Ɵmely correcƟon of potenƟal and actual Discharges; and (4) Procedures for referral and coordinaƟon with other agencies.

16.13.110 Fees and Charges

The City may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this Chapter.

Part 4 Prohibited Discharges, Devices, and ConnecƟons

16.13.120 Prohibited Discharges

No Person shall cause, allow, or permit any Threatened or Actual Discharge or allow any of the following to ﬂow or spill to any Pervious area, street, or City right-of-way. Prohibited Discharges include, but are not limited to, the following:

(a) Fats, Oils, and Grease (FOG), including any liquid or other wastes containing FOG; (b) Grease Control Device contents;
(c) Waste Oil Container contents;
(d) Drippings or spills from Outdoor Refuse Management Areas; (e) Refuse, liquids, and other waste from indoor and outdoor storage and wash areas and public or employee areas associated with a Food Facility; and (f) FOG accumulaƟons on rooŌops of Food FaciliƟes from rooŌop terminaƟons.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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16.13.130 Prohibited Devices, Equipment, and ConnecƟons

(a) Plumbing lines and drainage ﬁxtures located in bathrooms shall not be connected to a Grease Control Device.
(b) No dishwashers shall be connected to a Grease Control Device. (c) No Food Facility shall install, maintain, or use a Food Waste Disposer (as required in

16.08.110 of Title 16 of the Palo Alto Municipal Code). (d) Unless otherwise approved by the Director, no Food Facility shall install, maintain, or use any food waste liqueﬁers, aerobic or anaerobic food waste digesters, food composters, or similar devices designed or intended to digest biodegradable kitchen waste to be drained to the Sanitary Sewer System.
(e) A Food Facility shall not connect any ﬁxture or outdoor drainage to the City’s Storm Drain System except with permission from the Director.

Part 5 Grease Control Device Requirements

16.13.140 Requirements for Installing or Replacing ExisƟng Grease Control Devices

Food FaciliƟes shall install and operate a Grease Control Device and with required connected ﬁxtures in compliance with the Palo Alto RegulaƟons for Food FaciliƟes.

16.13.150 Grease Control Device Maintenance Requirements

Grease Control Devices shall be maintained in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.

Part 6 RooŌop Grease Containment System Requirements

16.13.160 Requirements for Installing or Replacing ExisƟng RooŌop Grease Containment Systems

Food FaciliƟes shall install and maintain RooŌop Containment systems in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.

Part 7 Waste Oil Management Requirements

16.13.170 Waste Oil Storage Requirements for Food FaciliƟes

Food FaciliƟes shall comply with the waste oil storage requirements in the Palo Alto RegulaƟons for Food FaciliƟes.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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16.13.180 Waste Oil Management and Maintenance Requirements for Food FaciliƟes

All Food FaciliƟes that use and store Waste Oil Containers shall comply with the requirements in the Palo Alto RegulaƟons for Food FaciliƟes.

Part 8 Spill Response Requirements

16.13.190 Requirements for Fats, Oils, and Grease Spill Response AcƟviƟes Conducted at and Associated with Food FaciliƟes

Fats, Oils, and Grease spill response acƟviƟes conducted at and associated with Food FaciliƟes shall comply with the Palo Alto RegulaƟons for Food FaciliƟes.

Part 9 Best Management PracƟces for ExisƟng FaciliƟes

16.13.200 Required Best Management PracƟces for ExisƟng FaciliƟes

In addiƟon to the Best Management PracƟces required by Chapter 16.11 of the Palo Alto Municipal Code, Food FaciliƟes shall implement BMPs in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.

Part 10 Mobile Food FaciliƟes

16.14.210 Mobile Food FaciliƟes

Mobile Food FaciliƟes shall comply with requirements of the Santa Clara County Department of Environmental Health and applicable secƟons of the Palo Alto RegulaƟons for Food FaciliƟes.

Part 11 Food Facility Closure or Ownership Change

16.14.220 Food Facility Closure or Change of Ownership

(a) Food FaciliƟes shall be responsible for a ﬁnal cleanout and shuƫng down of operaƟons of their Grease Control Device(s) upon closure of their business and shall adhere to the Palo Alto RegulaƟons for Food FaciliƟes.

(b) GCDs shall be cleaned in accordance with the Palo Alto RegulaƟons for Food FaciliƟes at the Ɵme of Food Facility business closure, closure of the Building in which the Food Facility is located, or a change in ownership of the Food Facility. (c) A GCD that has been abandoned in place or has been otherwise disconƟnued from further use shall have the contents removed therefrom, and the boƩom perforated and be completely ﬁlled with crushed rock, sand, controlled low strength material, concrete, or other material as approved by the Director. Subsequent Food FaciliƟes shall be made Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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aware of the abandoned GCD and install a separate GCD that meets current requirements.
(d) Building owners that occupy a space or Building with a Grease Control Device that is deemed out of compliance or was not adequately shut down when the previous Food Facility closed shall take responsibility for that device. Owners shall adhere to the Palo Alto RegulaƟons for Food FaciliƟes.

SECTION 3. If any secƟon, subsecƟon, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not aﬀect the validity of the remaining porƟon or secƟons of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each secƟon, subsecƟon, sentence, clause or phrase thereof irrespecƟve of the fact that any one or more secƟons, subsecƟons, sentences, clauses or phrases be declared invalid.

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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SECTION 5. This Ordinance shall be eﬀecƟve on the thirty-ﬁrst day aŌer the date of its adopƟon.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City AƩorney or Designee City Manager

____________________________
Director of Public Works

Item 16
Attachment C - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.13, Requirements for
Food Facilities Related to
Water Pollution Prevention
and Management of Fats,
Oils, and Grease

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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.66 (Hauled Liquid Waste) to Regulate the Discharge of Hauled Liquid Waste at the Palo Alto Regional Water Quality Control Plant (RWQCP)

The Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. The Palo Alto Regional Water Quality Control Plant (RWQCP) accepts certain hauled liquid wastes from transporters that operate within the areas served by the RWQCP.

B. Hauled liquid waste can cause adverse impacts to wastewater treatment plants because it is typically more concentrated than domestic wastewater and may not be equalized when discharged.

C. Adverse impacts may include pass through, interference, sludge contamination, and hazards to personnel at the RWQCP.

D. To prevent adverse impacts associated with hauled liquid wastes, the City of Palo Alto needs to adequately control the discharge of hauled liquid waste at the RWQCP.

E. This ordinance revises the hauled liquid waste program by adding new requirements and clarifying existing requirements for the discharge of hauled liquid waste to the RWQCP, including suggested requirements from the 2007 Environmental Protection Agency Model Pretreatment Ordinance.

SECTION 2. A new Chapter 16.66 (Hauled Liquid Waste) is hereby added to Title 16 of the Palo Alto Municipal Code to read as follows:

Chapter 16.66 Hauled Liquid Waste

SECTIONS:

16.66.010 Purpose

16.66.020 Definitions

16.66.030 Responsibility of the Director

16.66.040 Discharge of Hauled Liquid Waste

16.66.050 Hauled Liquid Waste Discharge Permit Required

16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure

16.66.070 Approved Vehicles

16.66.080 Waste Monitoring

16.66.090 Reporting Requirements for Waste Haulers
Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

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16.66.100 Retention of Records

16.66.110 Insurance

16.66.120 Hauled Liquid Waste Discharge Permit Modification

16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation

16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation Hearing

16.66.150 Personnel Orientation

16.66.160 Enforcement and Penalties

16.66.170 Charges and Fees

16.66.180 Closure of Receiving Station

16.66.010 Purpose

The purpose of this Chapter is to regulate the discharge of hauled liquid waste at the Palo Alto Regional Water Quality Control Plant (RWQCP).

16.66.020 Definitions

The following terms and phrases, whenever used in this Chapter, shall be as defined herein.

(a) “Chemical toilet waste” means human excrement and deodorizers collected from a portable chemical toilet.

(b) “Cesspool” means a lined or partially lined underground pit into which raw sanitary sewage is discharged.

(d) “Director” means the City’s director of public works, his or her designee, or such other person as may be designated by the city manager.

(e) “Hauled liquid waste” means sewage collected from a septic tank, seepage pit, cesspool, chemical toilet, or other similar device.

(f) “Hauled liquid waste discharge permit” means a permit issued by the director, used as a control mechanism, which grants revocable permission and authorization to discharge hauled liquid waste to the receiving station.

(g) “Hazardous material” means any material so designated by Title 17 of this code.

(h) “Hazardous waste” means a material designated as a hazardous waste by Federal, State, or local regulations.

(i) “Industrial waste” means any waste so designated by Chapter 16.09 of this code.

Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

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(j) “NPDES permit” means National Pollutant Discharge Elimination System Permit and controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

(k) “Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local government entities.

(l) “Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by Section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the City.

This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

(m) “Receiving station” means the location that has been identified by the director as the authorized discharge point for hauled liquid wastes.

(n) “RWQCP service area” means the cities of Los Altos, Mountain View, and Palo Alto; the town of Los Altos Hills; the East Palo Alto Sanitary District; and the unincorporated area of the County of Santa Clara where the Stanford University campus is located.

(o) “Seepage pit” means a device comprised of one or more pits extending into porous strata, lined with open-jointed masonry or similar walls, capped and provided with a means of access such as a manhole cover and into which wastewater disposal system effluent is discharged.

(p) “Sewage” means any material so designated by Chapter 16.09 of this code.

(q) “Waste hauler” means any person engaged in the collection and transport of waste.

16.66.030 Responsibility of the Director

Except as otherwise provided herein, the director shall administer, implement and enforce the provisions of this Chapter. The director shall be responsible for promulgating such orders, rules, regulations and requirements as are necessary to accomplish the purpose of this Chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to a duly authorized City employee.

16.66.040 Discharge of Hauled Liquid Waste

(a) Hauled liquid waste may only be discharged at the receiving station.

Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

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(b) No waste hauler shall introduce or cause to be introduced into the receiving station the following pollutants, substances, or wastewater:

(1) Commercial or industrial process wastewater, industrial waste, hazardous materials, or hazardous waste;

(2) Stormwater, groundwater, or artesian well water, unless authorized by the director;

(3) Wastes from soil boring or construction operations;

(4) Sludge, biosolids, or any other solid materials from sewage or water treatment plants;

(5) Grease, oil, or waste collected from grease control devices as defined by Chapter 16.13 of this code;

(6) Any waste prohibited by Section 16.09.040 of this code; or

(7) Any waste collected from any property or location outside the RWQCP service area, unless authorized by the director.

16.66.050 Hauled Liquid Waste Discharge Permit Required

(a) No person shall deliver or discharge hauled liquid wastes at the receiving station without first obtaining a hauled liquid waste discharge permit from the director.

(b) Any violation of the terms and conditions of a hauled liquid waste discharge permit shall be deemed a violation of this Chapter and shall subject the permittee to the enforcement provisions set forth in this Chapter. Obtaining a hauled liquid waste discharge permit from the City does not relieve a permittee of its obligation to comply with all Federal, State, or county waste hauling requirements or with any other applicable provisions of Federal, State, and local law.

(c) No hauled liquid waste discharge permit is transferable without prior written consent of the director. A change of ownership (including a transfer of the majority of shares in a corporate discharger) requires submittal of a new hauled liquid waste discharge permit application and payment of any applicable fees.

(d) The director may impose terms and conditions or other provisions in hauled liquid waste discharge permits which the director deems reasonable or necessary to carry out the purpose of this Chapter.

(e) Issuance of a hauled liquid waste discharge permit establishes a conditional privilege to discharge. Issuance of a hauled liquid waste discharge permit does not create property rights, nor does it create a vested irrevocable right or privilege. The director has the right Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

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to refuse any hauled liquid waste load.

16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure

(a) An applicant for a hauled liquid waste discharge permit shall complete and submit a hauled liquid waste discharge permit application established by the director. The director may require information in addition to that required on the hauled liquid waste discharge permit application form as deemed reasonable or necessary to evaluate the hauled liquid discharge permit application.

(b) Completed hauled liquid waste discharge permit applications shall be filed by the discharger not less than ten (10) calendar days in advance of commencing or recommencing discharge. The discharger shall not commence or recommence discharge prior to obtaining a hauled liquid waste discharge permit without specific, interim approval from the director to discharge during the permitting process.

(c) The director may deny any application for a hauled liquid waste discharge permit for good cause, including, but not limited to, the following reasons:

(1) The application contains false or misleading information;

(2) The application is not accompanied by the required fee(s);

(3) The issuance of the hauled liquid waste discharge permit would result in the discharge of wastes of such quantity or strength that the public health, safety, or public or private property are endangered;

(4) The issuance of the hauled liquid waste discharge permit would cause the City to violate any NPDES permit conditions, or any Federal, State, or local laws or regulations;

(5) The applicant has not provided adequate information to establish that its discharge will comply with all requirements of this Chapter and with such other terms and conditions as the director may deem necessary to include in the applicant's hauled liquid waste discharge permit;

(6) The applicant has failed to pay or has outstanding fees, fines, or penalties owed to the City related to activities governed by this Chapter.

(d) If the director denies the issuance of a hauled liquid waste discharge permit, any application fees paid shall not be returned to the applicant unless the director has ascertained that a hauled liquid waste discharge permit is not required to discharge the waste for which the hauled liquid waste discharge permit application is made.

(e) Incomplete or inaccurate hauled liquid waste discharge permit applications will not be Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

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processed.

16.66.070 Approved Vehicles

Access to and use of the receiving station shall be granted only to vehicles possessing a valid permit issued by the Santa Clara County Department of Environmental Health in addition to a hauled liquid waste discharge permit approved by the director.

16.66.080 Waste Monitoring

(a) The director may conduct all inspection, surveillance, sampling, and monitoring necessary to assure compliance with applicable Federal, State, and local regulations including this Chapter.

(b) The City shall have the right by and through its officers, employees, or other persons engaged by the City to do so, to take such samples of hauled liquid waste delivered by any person to the receiving station as the City in its sole discretion may deem appropriate to obtain a representative sample of each delivery's contents. Such samples may be taken prior to, during, or after any such delivery or discharge. Without being limited thereto, results of analyses made of such samples at an accredited laboratory may be used to determine a permittee's compliance with the provisions of this Chapter.

(c) The director may require a waste hauler to provide representative sample and/or a representative waste analysis of any load prior to discharge.

16.66.090 Reporting Requirements for Waste Haulers

(a) The director may require holders of hauled liquid waste discharge permits to submit reports to demonstrate or document compliance with this Chapter.

(b) The director may require information on a waste hauler’s operations in addition to that required in the hauled liquid waste discharge permit application or other reports to evaluate waste hauler compliance with the provisions of this Chapter.

(c) The director may establish an electronic submittal program for submission of reports, documents and data and require use thereof by holders of hauled liquid waste discharge permits.

(d) Waste haulers that send electronic (digital) documents to the director to satisfy the requirements of this Section must meet all Federal, State, and local electronic signature requirements. Electronic data shall be in a format required by the director. The director may require reporting in both digital and traditional format.

(e) Nothing in an electronic submittal program established by the director limits the use of the electronically submitted reports, documents, or data or any information contained Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
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therein as evidence in enforcement proceedings.

(f) Waste haulers shall comply with all reporting requirements established by the director. A waste hauler’s failure to submit required reports, documents or data as required or by the specified submission deadline shall constitute a violation of the provisions of this Chapter. The director may allow submission of required reports, documents and/or data on the following business day in instances where the due date falls on a weekend or legal holiday.

16.66.100 Retention of Records

Waste haulers subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying without unreasonable delay, all records of information obtained pursuant to this Chapter including, but not limited to, any required monitoring activities, any additional records of information obtained pursuant to monitoring activities undertaken by the discharger independent of such requirements, and documentation associated with best management practices. This includes electronic data and information records maintained and/or submitted in accordance with Section 16.66.090 of this Chapter. All records required to be maintained by this Chapter shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any pending investigation or enforcement of NPDES Permit conditions or where the discharger has been specifically notified of a longer retention period by the director.

16.66.110 Insurance

No person shall deliver or discharge hauled liquid wastes at the receiving station unless such person, at his or her sole cost and expense, has and maintains in full force and effect the insurance policies, endorsements, certificates and/or binders required by the City.

16.66.120 Hauled Liquid Waste Discharge Permit Modification

The director may modify any hauled liquid waste discharge permit for good cause, including, but not limited to, the following reasons:

(a) To incorporate any new or revised Federal, State, or local requirements;

(b) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(c) Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;

(d) Violation of any terms or conditions of the hauled liquid waste discharge permit; Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
Pg.
120

Packet Pg. 280 of 436

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(e) Misrepresentations or failure to fully disclose all relevant facts in the hauled liquid waste discharge permit application or in any required reporting;

(f) To correct typographical or other errors in the hauled liquid waste discharge permit;

(g) To reflect a transfer of the facility ownership or operation to a new owner or operator; or

(h) To implement programs or policies required or requested of the City by appropriate Federal, State, or local regulatory agencies.

16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation

(a) The director may deny or suspend the use of the receiving station to any person who fails to comply with the orders, rules, regulations, and requirements adopted by the director or the terms and conditions contained in a hauled liquid waste discharge permit.

(b) The director may suspend or revoke a hauled liquid waste discharge permit indefinitely for good cause, including, but not limited to, the following reasons:

(1) Failure to complete a hauled liquid waste discharge permit application;

(2) Misrepresentation or failure to fully disclose all relevant facts in the hauled liquid waste discharge permit application;

(3) Knowingly or negligently providing false information on any hauled liquid waste discharge permit application, manifest, document, or other record submitted to the RWQCP;

(4) Falsifying reports and certification statements;

(5) Failure to accurately complete reports or other paperwork required by the director;

(6) Failure to provide a representative sample upon request;

(7) Tampering with monitoring equipment;

(8) Disposal of wastes originating outside the RWQCP service area without prior approval from the director;

(9) Disposal of wastes at the receiving station in a manner which causes or threatens to cause undue mess to the receiving station;
Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
Pg.
121

Packet Pg. 281 of 436

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(10) Disposal of wastes at any location other than the receiving station;

(11) Failure to pay fees, fines, or penalties;

(12) Failure to maintain a valid Environmental Health permit through the Santa Clara County Department of Environmental Health;

(13) Failure to provide advance notice of the transfer of business ownership;

(14) Violation of any term or condition of the hauled liquid waste discharge permit or any provision of this Chapter; or

(15) Failure of the waste hauler to comply with the waste handling, disposal, and reporting requirements of the Santa Clara County Department of Environmental Health.

(c) All hauled liquid waste discharge permits issued to a discharger are void upon the issuance of a new hauled liquid waste discharge permit to that discharger.

16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation Hearing

(a) An applicant or permit holder shall have at its request, a hearing before the city manager, or his or her designee, to appeal a decision by the director to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit.

(b) The director shall give the applicant or permit holder written notice of intent to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit. The notice shall set forth specifically the grounds for the director’s intention to deny the applicant’s discharge permit application, suspend, or revoke a discharger’s discharge permit and shall inform the applicant or permit holder that they have ten (10) calendar days from the date of receipt of the notice to file a written request for a hearing with the director. The application shall be denied or the permit shall be revoked, or suspended if a hearing request is not received by the director within the ten (10) day period.

(c) If the applicant, permit holder, or interested party or parties file(s) a timely hearing request, the city manager, or his or her designee, shall within ten (10) calendar days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be represented by counsel. The decision of the city manager, or designee, whether to deny the applicant’s discharge permit application or to modify, make subject to additional terms, suspend, or revoke the discharger’s discharge permit shall be final.

16.66.150 Personnel Orientation

Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
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Packet Pg. 282 of 436

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(a) Waste haulers shall attend orientation provided by the City prior to initial discharge but after permit issuance. All waste haulers are responsible for ensuring new drivers know where the receiving station is and how to use it, or to arrange for a City-provided orientation prior to discharge.

16.66.160 Enforcement and Penalties

(a) Warning. When the director finds that a user has violated, or continues to violate, any provision of this Chapter or a hauled liquid waste discharge permit, the director may issue verbal or written warnings in response to minor violations of this Chapter. Compliance with warnings does not limit further enforcement action by the City.

(b) Notice of violation. When the director finds that a user has violated, or continues to violate, any provision of this Chapter, a hauled liquid waste discharge permit, or order issued hereunder, the director may serve upon that discharger a written notice of violation (NOV). The NOV may include a deadline for the discharger to respond with an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Submission of such a plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the NOV. Nothing in this Section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(c) Administrative citation. When the director finds that a user has violated, or continues to violate, any provision of this Chapter or a hauled liquid waste discharge permit, the director may issue an administrative citation in accordance with the provisions contained in Chapter 1.12 of this code. Issuance of an administrative citation shall not be a bar against, or a prerequisite for, taking any other action against the person.

(d) Emergency suspension. The director may immediately suspend any discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health, safety, or welfare of persons. The director may also immediately suspend a discharger’s discharge that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Any discharger notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a discharger’s failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary to prevent or minimize damage to the POTW or endangerment to any persons.

The director may allow the discharger to recommence its discharge when the discharger has demonstrated to the satisfaction of the director that the period of endangerment has passed.

(e) Civil penalties.

(1) Any person who has violated, or continues to violate any provision of this Chapter or a hauled liquid waste discharge permit shall be liable to the City for a maximum Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
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Packet Pg. 283 of 436

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civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day in which such violation occurs.

(2) The City may petition the Superior Court of California pursuant to Government Code Section 54740 to recover the sums in subsection (e)(1) of this Section as well as reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a discharger.

(f) Criminal penalties. As provided in Chapter 1.08 of this code, violations of the provisions of this Chapter shall be subject to criminal penalties.

(g) Remedies nonexclusive. The remedies provided for in this Chapter are cumulative and not exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of this code, and all other remedies available to the City under Federal, State, or local law. The director may take any, all, or any combination of these actions against a noncompliant discharger. The director is empowered to take more than one enforcement action against any noncompliant discharger. Enforcement actions may be taken concurrently.

16.66.170 Charges and Fees

(a) The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s hauled liquid waste program, which may include:

(1) Fees for treatment and discharge of hauled liquid waste;

(2) Fees for hauled liquid waste discharge permit applications including the cost of processing such applications;

(3) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a waste hauler’s discharge, and reviewing monitoring reports and certification statements submitted by waste haulers;

(4) Fees for filing appeals;

(5) Fees to recover administrative and other costs (not included in subsection (a)(2) of this Section) associated with the enforcement activity taken by the director to address discharger noncompliance; and

(6) Other fees as the City may deem necessary to carry out the requirements of this Chapter.

16.66.180 Closure of Receiving Station
Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
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124

Packet Pg. 284 of 436

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12 0290168_20250417_ms29

The director may suspend discharge of hauled liquid waste at the receiving station for a period of time deemed reasonable or necessary, for good cause including, but not limited to: RWQCP operational issues, concerns, or violations; emergencies; natural disasters; power failures; RWQCP maintenance or repair; excess flow entering the RWQCP; and weather conditions. Hauled liquid waste discharge permit holders shall have no recourse against the City for any reason including, but not limited to, economic loss incurred as a result of receiving station closure.

SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15308 of the CEQA Guidelines, because it is an action taken by the City as a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

//
Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
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125

Packet Pg. 285 of 436

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SECTION 5. This Ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City Attorney or Designee City Manager

____________________________
Director of Public Works

Item 16
Attachment D - Ordinance
of the Council of the City of
Palo Alto Amending Title 16
of the Palo Alto Municipal
Code to Add a New Chapter

16.66 (Hauled Liquid Waste)
to Regulate the Discharge of
Hauled Liquid Waste at the
Palo Alto Regional Water
Quality Control Plant
(RWQCP)

Item 16: Staff Report
Pg.
126

Packet Pg. 286 of 436

City Council
Report Type: CLOSED SESSION
Lead Department: City Attorney
Meeting Date: September 29, 2025
Report #:2509-5236
TITLE
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Subject: Potential litigation regarding 156 North California Avenue, as set forth in letter(s) from Holland & Knight LLP dated September 3, 2025 Authority: Government Code Section 54956.9(d)(2); One case, as Defendant.

No staff report.

ATTACHMENTS
Attachment A: September 3, 2025 Correspondence.

Item 17
Item 17 Staff Report

Item 17: Staff Report
Pg.
1 Packet Pg. 287 of 436

560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Genna Yarkin
+1 415-743-6990
[email protected]
Daniel R. Golub
+1 415-743-6976
[email protected]

September 3, 2025
Palo Alto Planning Department
285 Hamilton Avenue - 5th Floor
Palo Alto, CA 94301
Re: Response to August 20, 2025 Correspondence, 156 N. California Avenue - App. 24PLN-00100
Dear All:

As you know, we represent Midar Investment Co. LLC (the “Applicant”) in connection with its housing development application for 382 multifamily residential units under Application 24PLN- 00100 (the “Project”) at 156 N. California Avenue (the “Project Site”) in Palo Alto (the “City”), California. The Project is proposed on an infill, transit -adjacent location that is ideal for the type of high- density development that California desperately needs , and the Project will contribute substantially to the City meeting its state -mandated affordable housing goals. As documented in previous communications, the Project (1) is a “housing development project” that is subject to the protections of the Housing Accountability Act (the “HAA”), inclusive of the “Builder’s Remedy,” and (2) is eligible for the California Environmental Quality Act (“CEQA”) exemption enacted with the June 30, 2025 adoption of Assembly Bill (“AB”) 130 (the “AB 130 CEQA Exemption”).

The purpose of this letter is to respond to the City’s August 20, 2025 correspondence regarding the Project. As explained in the following Section, the Project does qualify for the AB 130 CEQA exemption, and the contrary interpretation set forth in the August 20, 2025 correspondence – and the City’s unlawful refusal to begin the tribal consultation process mandated by AB 130 – is unsupported by the statutory text and applicable precedential case law. In particular, the City’s contentions that AB 130 does not apply to “Builder’s Remedy 1.0” projects fails to recognize that in AB 130 the Le gislature expressly provided that its exemption does in fact apply to both types of Builder’s Remedy Projects: 1.0 and 2.0 (as long as such projects are proposed on a site of less than five acres). It is for this reason that the Governor who signed AB 130, and the author of the bill, both understand AB 130 to provide a CEQA exemption for Builder’s Remedy 1.0 Projects.

To that end, as detailed in Section II below, the Applicant will invoke the protections of Government Code Section 65589.5.1 (“AB 1633”) if the City maintains its present position. To Item 17
Attachment A - September
3, 2025 Correspondence

Item 17: Staff Report
Pg.
2 Packet Pg. 288 of 436

Palo Alto Planning Department
September 3, 2025

Page 2 ends

Palo Alto City CouncilSeptember 29, 2025

Palo Alto City Council
September 29, 2025