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Berkeley, CA Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
BMC Ch. 17.20
City NPDES permit
No. CA0029831
Pool drain exemption wait
5 days after zero chlorine reading
Hazardous release reporting
Call 911, confirm in writing within 1 week
Violation classification
Public nuisance and infraction

Summary

Berkeley bans discharging anything but stormwater into its storm drain system under Chapter 17.20, with construction sites, parking lots and hazardous-material handlers all carrying specific pollution-prevention duties tied to the City's NPDES permit.

Except as otherwise expressly exempted below, it is unlawful to discharge any matter except stormwater into the storm drain system.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

20 was adopted to reduce non-stormwater discharges into the City's storm drain system and to protect the San Francisco Bay watershed consistent with the federal Clean Water Act. 040 retroactively bans any pipe or connection that conveys non-stormwater into that system, regardless of when it was installed or whether it was once permitted. 050 imposes an affirmative duty on anyone whose activities may send pollutants into storm drains: littering into streets, alleys, sidewalks, catch basins or drainage structures is prohibited; construction contractors must install filter materials at catch basins to capture debris; building and grading permit applicants must certify they will follow the state stormwater best-management-practices manual and, if subject to the state NPDES construction general permit, must show they filed a notice of intent with the State Water Resources Control Board; and parking lot and gas station operators must clean their sites without discharging pollutants into the drains.

Discharges tied to any NPDES permit violation, including the City's own permit (NPDES Permit No. 070. 080 covers things like lawn watering runoff, residential car washing, and dechlorinated pool draining after a five-day wait, provided the discharger minimizes non-stormwater flow. 090.

Violations & Fines

A violation is deemed a public nuisance under Section 17.20.140 and an infraction under Section 17.20.160, punishable under Chapter 1.20. The City may also issue cease-and-desist orders (Section 17.20.150), and the City Attorney may pursue injunctive relief and cost recovery, including compensatory damages for harm to water quality or aquatic life, under Section 17.20.170. Each day of a continuing violation is a separate offense under Section 17.20.120, and violators may also face civil and criminal penalties under the federal Clean Water Act or the state Porter-Cologne Act per Section 17.20.130.

Frequently Asked Questions

Can I hose pollutants down the street drain in Berkeley?
No. Section 17.20.030 makes it unlawful to discharge anything but stormwater into the City's storm drain system, and littering into a street, gutter or catch basin so that it could enter the drain is separately banned under Section 17.20.050(A).
Can I drain my pool into the street in Berkeley?
Only after the chlorine content tests at zero for five days, per the exemption in Section 17.20.080(A)(3), and only if you minimize how much non-stormwater reaches the drain system.
Who enforces Berkeley's stormwater rules?
Enforcement officials from the City's emergency and toxics management, environmental health, fire, planning and public works divisions can inspect property and take samples under Section 17.20.100 to check compliance with Chapter 17.20.

Sources & Official References

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