7.39.180 PERMIT PROCEDURE—CASH DEPOSIT.

(a) Applicants for a SWPPC permit shall complete and submit an application to conduct the work. The Director of Public Works shall establish the contents of said form and may require additional information as may be needed to evaluate the permit application.

(b) The application shall require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit, and shall include a statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted.

(c) If project requires construction of a stormwater treatment facility, applicant shall enter into a maintenance agreement with the City and shall also issue a performance bond to the City as part of the permit application. The amount of the performance bond shall be as determined by the City and may include, but is not limited to, costs for the following:

(1) Facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated.

(2) Emergency maintenance needed to protect public health or watercourses.

(3) Routine maintenance for which the City has accepted responsibility.

(4) Contaminant remediation in the event of a spill or pollutant release from the facility.

(5) Monitoring necessary to evaluate the facility's performance or if any contaminants are present.

(6) Follow up inspections in the event of a spill, pollutant release or device failure.

(d) The completed application shall be submitted not less than 30 days in advance of commencing work, along with a fee in an amount and form as shall be set by resolution of the City Council.

(e) The application shall be approved if the applicant has furnished all requested information; applicant has complied with all other applicable City ordinances and State and Federal regulations; and the Director of Public Works determines that proposed control measures for stormwater pollution prevention are sufficient to assure compliance with this chapter.

(f) The permit shall be granted upon receipt of an approved application, and cash deposit in an amount and form as shall be set by resolution of the City Council.

(g) The cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of the contractual obligation assumed in accepting the permit and will construct or otherwise implement all best management practices for stormwater pollution prevention that permit requires, to the satisfaction of the Director of Public Works, and that said person will bear the cost of all cleanup required for illicit discharges to the storm drain system, and placement and subsequent removal of temporary construction and erosion control measures as may be required to assure compliance with the provisions of this chapter.

(h) On the completion of work and any required cleanup and restoration thereof to the satisfaction of the Director of Public Works upon inspection, at the request of the permittee, the balance of any cash deposit remaining shall be returned to the person making the deposit. Such release or return of the cash deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit. Where latent or concealed defects are discovered after the permittee has had his or her cash deposit returned, the Director of Public Works shall notify the permittee of this discovery, who shall, within three (3) days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.

(i) Upon the failure or neglect of the permittee to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit, within three (3) days after being notified to do so by the Director of Public Works, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Director of Public Works to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Director of Public Works shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.