Palo Alto Municipal Code Part 2 General Provisions

The Director shall be responsible for the administration and enforcement of the provisions of this chapter and has the authority to promulgate such orders, regulations, rules, conditions of approval, and requirements as are necessary to accomplish the purposes of this chapter. The primary regulatory document implementing this chapter is Palo Alto regulations for stormwater pollution prevention.

(Ord. 5671 § 2 (part), 2025)

All dischargers of non-stormwater and persons that engage in activities with the potential to cause a non-stormwater discharge to the storm drain system and receiving waters shall comply with the provisions of this chapter. Violations of regulations implementing this chapter shall be considered violations of this chapter.

(Ord. 5671 § 2 (part), 2025)

In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit. Nothing in this chapter shall be interpreted to infringe any vested property right.

(Ord. 5671 § 2 (part), 2025)

The Director, upon application in writing by the owner, a lessee, or an authorized representative of the discharger, and on notice to the Director, is authorized to approve alternate means or methods of compliance with this chapter, provided that the Director finds that the proposed design, use, or operation satisfactorily complies with the intent of this chapter and that the material, method of work performed, or operation is, for the purpose intended, at least equivalent to that prescribed in this chapter in quality and effectiveness in meeting the purposes of this chapter. As required by the Director, an applicant must show that compliance with the strict requirements of this chapter is infeasible, and that the proposed alternate means and methods will meet all applicable regional, state, and federal requirements. The particulars of any such approval made by the Director shall be in writing and a signed copy shall be furnished to the applicant.

(Ord. 5671 § 2 (part), 2025)

General prohibition. No person shall cause, allow, or permit any non-stormwater discharge or the conditions under which there is a substantial probability for such a discharge to occur unless such discharge is exempt under Section 16.11.080 or conditionally exempt under Section 16.11.090.

(Ord. 5671 § 2 (part), 2025)

Unless determined by the Director or the Regional Water Board to be sources of pollutants to receiving waters, the following discharges are exempt from discharge prohibitions established by this chapter and are allowed to flow into the storm drain system and receiving waters:

(a) Flows from riparian habitats or wetlands;

(b) Diverted stream flows;

(c) Flows from natural springs;

(d) Uncontaminated rising groundwater due to natural processes;

(e) Uncontaminated and unpolluted groundwater infiltration;

(f) Pumped groundwater from crawl space pumps and foundation and footing drains of single-family homes. Discharges larger than 2,500 gallons per day shall be treated as conditionally exempt discharges and must meet the requirements of the MRP and city regulations;

(g) Pumped groundwater from drinking water aquifers (excluding well development);

(h) Discharges permitted under a NPDES permit issued to the discharger and administered by the State of California pursuant to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations; and

(i) Any other discharge exempt from the general prohibition on discharges to the storm drain system under the MRP or permitted under another NPDES permit.

If any of the above are identified by the Director or the Regional Water Board as sources of pollutants to receiving waters, such categories or sources shall be treated as conditionally exempt discharges in accordance with Section 16.11.090.

(Ord. 5671 § 2 (part), 2025)

The following discharges are conditionally exempt, subject to control measures and BMPs set forth in the MRP and city regulations:

(a) Pumped groundwater, foundation drains, and water from crawl space pumps and footing drains not from single-family homes;

(b) Air conditioning condensate shall be reused or directed to landscaped areas. If neither is feasible, discharging to the storm drain system shall be allowed per the director’s approval;

(c) Discharges associated with water and foam generated from emergency response and/or firefighting activities. BMPs shall be implemented to the maximum extent practicable to minimize potential adverse water quality impacts from water, foam, and other pollutants discharged during emergency response and firefighting activities. Such implementation shall not interfere with immediate emergency response operations or impact public health and safety;

(d) Discharges from individual residential car washing;

(e) Irrigation water, landscape irrigation, and discharges from lawn or garden watering; and

(f) Any discharge that the Director, the local health officer, the Regional Water Quality Control Board or state or federal agency determines in writing is necessary for the protection of the public health and safety, as allowed under applicable law.

(Ord. 5671 § 2 (part), 2025)

(a) No person shall construct, use, maintain, or permit or suffer the construction, use, maintenance or continued existence of an illicit connection.

(b) Illicit connections shall be immediately removed, permanently plugged, or re-plumbed to a connection point approved by the Director.

(c) The provisions of this section shall apply to, without limitation, illicit connections established in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. 5671 § 2 (part), 2025)

(a) The Director shall have the authority to inspect private and public facilities, sites, structures, drainage systems, and mobile businesses, whether existing or under construction, whenever necessary to ensure and confirm compliance with this chapter, applicable city or state regulations, or the MRP.

(b) The Director shall be authorized to enter, without unreasonable delay, and upon reasonable notice, any premises subject to the requirements of this chapter to conduct inspections and monitoring to assure compliance with this chapter, applicable city or state regulations, or the MRP. An inspection fee shall be charged for each inspection at the amount listed in the city’s adopted municipal fee schedule. Records related to compliance with this chapter, including but not limited to operations and maintenance records and agreements, shall be available to city staff for inspection and copying.

(c) In the event the owner or occupant of the premises refuses entry after a request to enter and inspect the premises has been made, the city is hereby empowered to seek authorization from any court of competent jurisdiction for such entry.

(Ord. 5671 § 2 (part), 2025)

(a) Violations of this chapter may be enforced as allowed by Title 1 of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code Section 836.5.

(b) The Director may require any person deemed to have violated this chapter to take any of the following actions:

(1) Ensure that the discharge be remediated and the affected private and city property and infrastructure, as relevant, be restored within a specified time. The responsible party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the city for cleanup activities associated with any discharges that violate this chapter.

(2) Implement applicable BMPs; for example, to address pollutant sources associated with outdoor process and manufacturing areas; outdoor material storage areas; outdoor waste storage and disposal areas; outdoor vehicle and equipment storage and maintenance areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; rooftop equipment; contaminated and erodible surface areas; and other sources that have a reasonable potential to contribute to pollution of stormwater runoff.

(3) Install structural retrofit BMPs to address noncompliance of this chapter. Structural retrofit BMPs may require review and approval by the city’s Planning and Building Divisions.

(c) The Director shall implement a stormwater enforcement response plan to facilitate timely and effective compliance with the requirements of this chapter. The enforcement response plan shall contain, at a minimum, the following:

(1) Enforcement procedures;

(2) Enforcement tools and scenarios;

(3) Procedures for timely correction of potential and actual discharges; and

(4) Procedures for referral and coordination with other agencies.

(d) The remedies established in this section are not exclusive. In addition to any other remedies allowed under the Palo Alto Municipal Code, violations may be subject to penalties established by resolution of the Council or any other enforcement mechanism allowed by law.

(Ord. 5671 § 2 (part), 2025)

The city may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this chapter.

(Ord. 5671 § 2 (part), 2025)

Dischargers shall be responsible for and liable to the city for any obstruction, damage, or impairment to the storm drain system and other rights-of-way associated with a discharge that causes an obstruction, damage, or any other impairment to the storm drain system. The city may assess a charge against the discharger to reimburse the city for costs incurred to clean or repair said obstruction, damage or impairment.

(Ord. 5671 § 2 (part), 2025)