“Authorized enforcement official” means the following City officials: Chief Building Official, Building Inspector, Zoning Administrator, Public Works Director, Public Works Superintendent, Fire Chief, Deputy Fire Chief, Fire Marshal, Groundskeeper, Maintenance Worker, City Engineer, City Manager, and Police Officer or designee.

“BASMAA Post-Construction Manual” means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post-Construction Manual which provides design guidelines for reducing stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control stormwater runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage.

“City” means the City of Larkspur.

“Construction activity” means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation.

“County” means the County of Marin.

“Discharge of a pollutant” means (1) the addition of any pollutant or combination of pollutants to waters of the United States from any point source, or (2) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft, which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: stormwater runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

“Erosion and Sediment Control Plan (ESCP)” means a plan prepared to control erosion and minimize pollutants, including sediment, discharges from a development or other construction activity.

“Illicit connection” means any device or method that conveys nonstormwater to a municipal separate storm sewer (storm drain) system (MS4) or receiving water.

“Illicit discharge” means any discharge to a municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term “illicit discharge” includes all nonstormwater discharges not composed entirely of stormwater and discharges that are identified under the discharge of pollutants section of this chapter (Larkspur Municipal Code Section 9.11.060). The term “illicit discharge” does not include discharges that are regulated by an NPDES permit (other than the NPDES permit for discharges from the MS4).

“Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

“Linear underground/overhead projects (LUPs)” means construction activities related to the installation of underground and overhead linear facilities that include, but are not limited to, any conveyance, pipe, or pipeline for the transportation of any gaseous, liquid (including water and wastewater for domestic municipal services), liquiescent, or slurry substance; any cable line or wire for the transmission of electrical energy; any cable line or wire for communications (e.g., telephone, telegraph, radio, or television messages); and associated ancillary facilities.

“Low impact development (LID)” means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site’s predevelopment runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

“Maximum extent practicable (MEP)” means the minimum required performance standards, BMPs, control techniques and systems, design and engineering methods, and such other provisions as the Environmental Protection Agency Administrator or the state determines appropriate for reducing pollutants in stormwater. MEP is the cumulative effect of implementing, evaluating, and making corresponding changes to a variety of technically appropriate and economically feasible BMPs, ensuring that the most appropriate controls are implemented in the most effective manner. This process of implementing, evaluation, revising, or adding new BMPs is commonly referred to as the iterative process.

“MCSTOPPP” means the Marin County Stormwater Pollution Prevention Program.

Municipal Separate Storm Sewer System (MS4). See definition of “Storm drains.”

“New development project” means any land disturbing activity on an area that has not been previously developed, such as structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.

“Nonstormwater discharge” means any discharge that is not entirely composed of stormwater.

“NPDES permit” means a National Pollutant Discharge Elimination System (NPDES) permit issued by the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Federal Clean Water Act, 33 U.S.C. Section 1342 and the Porter-Cologne Water Quality Control Act Section 13377, which regulates discharges to waters of the United States.

“Phase II Stormwater Permit” means the NPDES general stormwater permit applicable to the City, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.

“Pollutant” means dredged or excavated soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, sediment, cellar dirt, concrete, debris, dumped yard waste and industrial, municipal, and agricultural waste or sand and gravel placed in such a way as to be carried away by stormwater into the storm drains or watercourses of the City.

“Post-construction measures requirements” means the provisions in Section E.12 of the Phase II Stormwater Permit that contain design standards or performance criteria to address the post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity. The BASMAA Post-Construction Manual describes projects subject to the post-construction measures.

“Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

“Redevelopment projects” means any land disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. Redevelopment projects do not include trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, noncontiguous sections of roadway.

“Regional water board” means the San Francisco Bay Regional Water Quality Control Board.

“Storm drains” means the basic infrastructure in a MS4 that collects and conveys stormwater. Storm drains include but are not limited to those stormwater drainage conveyance facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, creeks, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (C.F.R.) 122.2.

“Stormwater” or “stormwater runoff” means water that is generated from rain and snowmelt events and flows over land or impervious surfaces, accumulating debris, chemicals, sediment, or other pollutants along the way that could adversely affect water quality if discharged untreated.

“Stormwater control plan” means a plan that meets those criteria contained in the most recent version of the BASMAA Post-Construction Manual.

“Stormwater facilities operation and maintenance plan” means a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.

“Stormwater management measure” means any device, control, or engineered system designed to detain, retain, filter, treat, or infiltrate stormwater, including, but not limited to, grassy swales and bioretention facilities.

“Urban runoff” means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters.

“Watercourse” means any natural or once natural flowing river, creek, stream, swale or drainageway, whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized but does not include channels, ditches, culverts or other above or below ground constructed conduits, i.e., storm drains.

“Waters of the United States” generally refers to navigable waters, as defined for the purposes of the Federal Clean Water Act in 40 Code of Federal Regulations (C.F.R.) 122.2. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)