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Development in San José is subject to Federal and State requirements as well as the City of San José's General Plan, ordinances, policies, guidelines,2 and permit conditions.
The Federal Clean Water Act (CWA) requires local municipalities to implement measures to control pollution from their municipal separate storm sewer systems (MS4) to the maximum extent practicable. In addition, the State of California's Porter-Cologne Water Quality Control Act of 1969 and other State legislation require municipalities to protect water quality.
Under the auspices of the Clean Water Act and other Federal and State legislation, since 1990 the San Francisco Regional Water Quality Control Board (RWQCB) has issued and reissued an area-wide National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 permit) to the City of San José and 14 other co-permittees that have land area which drains to South San Francisco Bay. The other co-permittees include the County of Santa Clara, the Santa Clara Valley Water District, and 12 other municipalities in the county, excluding the cities of Gilroy and Morgan Hill. Together, these jurisdictions constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP).
The intent of these various laws, policies, and guidelines is to mitigate the potentially detrimental effects of urban runoff through proper site design and source control early in the development review process and to provide guidance in the selection of appropriate Best Management Practices (BMPs). BMPs are defined as methods, activities, maintenance procedures, or other management practices for reducing the amount of pollution entering a water body. The City of San José Department of Planning, Building and Code Enforcement (PBCE) reviews individual development projects for conformance with applicable laws, policies, and guidelines, including the NPDES Permit requirements.
The provisions of the SCVURPPP NPDES Permit require each of the co-permittees, including the City of San José, to implement measures/BMPs to reduce stormwater pollution from new development or redevelopment projects to the maximum extent practicable.
The Department of Planning, Building and Code Enforcement (PBCE) is the lead City agency responsible for implementing the requirements of the Permit related to development. PBCE is working closely with the Redevelopment Agency, Environmental Services Department, Public Works Department, and other City departments in this effort. It is anticipated that the City Council will be considering adoption of new requirements in September 2003, including new requirements mandating that stormwater runoff treatment BMPs in certain types of new and redevelopment projects be designed to treat a specified volume or flow of stormwater runoff from the project site; and that the BMPs be maintained for the life of the project. You can find out more about the status of the City's activities by reviewing the periodic status bulletins on this web site.
In addition to the SCVURPPP NPDES Permit provisions, all construction projects in the City of San José are regulated by the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (General Permit), which requires the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and the filing of a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) for all projects that disturb an area of one acre or greater. 3
b. NPDES Permit Order No. 01-024 and NPDES Permit Order No. 01-119
http://www.scvurppp-w2k.com/NPDES_Permit.htm
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