Chapter 10.09 — NATIONAL POLLUTION

DISCHARGE ELIMINATION SYSTEM (NPDES)

Sections:

10.09.010 Definitions.

10.09.020 Prohibition on illicit connections and prohibited discharges.

10.09.030 Control of urban runoff.

10.09.040 Permits.

10.09.050 Inspections.

10.09.060 Enforcement.

10.09.070 Interagency cooperation.

10.09.080 Miscellaneous.

10.09.090 Judicial review.

For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings specified herein.

.010 "Authorized Inspector" shall mean the Director of Public Works/City Engineer, hereinafter "Director," and persons designated and under the instruction and supervision of the Director of Public Works/City Engineer who are assigned to investigate compliance and detect violations of the ordinance codified in this chapter.

.020 "City" shall mean the City of Anaheim, Orange County, California.

.030 "Co-Permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the thirty- one municipalities, including the City of Anaheim, which are responsible for compliance with the terms of the NPDES Permit.

.040 "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time.

.050 "Development Project Guidance" shall mean DAMP Chapter VII and the appendix thereto, entitled Best Management Practices for New Development Including Non-Residential Construction Projects.

.060 "Director" shall mean the City of Anaheim Director of Public Works/City Engineer or his or her designee.

.070 "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

.080 "Discharge Exception" shall mean the group of activities not restricted or prohibited by the ordinance codified in this chapter, including only:

Discharges composed entirely of storm water, discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency, discharges to the Storm Water Drainage System from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems), discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, non-commercial vehicle washing at residences, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, public street wash waters when related to cleaning and maintenance by, or on behalf of, the City of Anaheim, and discharges authorized pursuant to federal or state laws or regulations.

The discharge exception shall not include discharges resulting from active groundwater dewatering systems.

.090 "Domestic Sewage Exception" shall mean discharges which are exceptions to the ordinance codified in this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:

Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.

.100 "Enforcing Attorney" shall mean the City Attorney and/or his or her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the City Attorney shall act as the Enforcing Attorney.

.110 "EPA" shall mean the Environmental Protection Agency of the United States.

.120 "Hearing Officer" shall mean the City Manager or his or her designee, who shall preside at the administrative hearings authorized by the ordinance codified in this chapter and issue final decisions on the matters raised therein.

.130 "Invoice for Costs" shall mean the actual costs and expenses of the City of Anaheim, including but not limited to administrative overhead, salaries and other expenses, including attorneys' fees, recoverable under State law, incurred during any inspection conducted pursuant to Section 10.09.050 of the ordinance codified in this chapter, where a notice of noncompliance, administrative compliance order or other enforcement option under Section 10.09.060 of the ordinance codified in this chapter is utilized to obtain compliance with the ordinance codified in this chapter.

.140 "Illicit Connection" shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the Storm Water Drainage System occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the Storm Water Drainage System that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

.150 "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage System existing as of the adoption of the ordinance codified in this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established.

.160 "Local Permit" shall mean a storm drain discharge permit into City of Anaheim storm drains, issued by the Director on application of the owner of private property or the operator of any facility, for storm drain discharges not otherwise controlled by permits issued by the State Water Quality Control Boards or the State Water Resources Control Board.

.170 "Local General Permit" shall mean a Local Permit developed by the Director for specific categories of activities which are similar in operation and which may be subjected to standardized requirements.

.180 "New Development" shall mean the construction or expansion of more than one thousand square feet of all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and/or other non-residential construction projects, or mass grading for future construction, for which either a discretionary land use approval, grading permit, or building permit is required.

.190 "NPDES Permit" shall mean the municipal discharge permit(s) issued by the Santa Ana and/or San Diego Regional Water Quality Control Board(s) and entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the Santa Ana Region Storm Water Runoff Management Program (Areawide Urban Storm Water Runoff), Orange County Order No. 90-71 (NPDES No. CA 8000180)" (the "Santa Ana Regional Board Permit") and/or "Waste Discharge Requirements for Storm Water and Urban Runoff from the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the San Diego Region Storm Water Runoff Management Program (Areawide Urban Storm Water Runoff), San Diego County Order No. 90-38 (NPDES No. CA 0108740)" (the "San Diego Regional Board Permit"). The Santa Ana Regional Board NPDES Permit and/or the San Diego Regional Board NPDES Permit shall be referred to (collectively) hereinafter as the "NPDES Permit."

.200 "Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

.210 "Pollutant" shall include but not be limited to the following liquid, solid or semi-solid substances, or combination thereof:

(1) Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings);

(2) Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers, used oil and fluids from vehicles, lawn mowers and other common household equipment);

(3) Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metal elements, such as phosphorus and arsenic;

(4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(5) Excessive eroded soils, sediment and particulate materials;

(6) Animal wastes, including but not limited to discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields;

(7) Substances having characteristics such as a pH less than 6.5 or greater than 8.5, or unusual coloration, or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

(8) Construction waste materials and wastewater generated on construction sites and by construction activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, acrylic lacquer, acrylic urethane, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing), including but not limited to calcium chloride, creosote and creosote solutions, ammoniacal copper arsenate, chromated copper arsenate;

(9) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

(10) Materials which contain base/neutral or acid extractible organic compounds;

(11) Those pollutants defined in Section 1362(6) of the Federal Clean Water Act;

(12) Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.

Standards for determining "excessive" amount of soils, sediment, particulate matter, "excessive" herbicides, pesticides and fertilizers, "excessive" fecal coliform, fecal streptococcus or enterococcus, or other qualifying measures or determinants shall be those levels determined to be harmful to health and safety and/or those levels specified in guidelines established by the Orange County Environmental Management Agency and/or the Santa Ana Regional Water Quality Control Board and/or the State Water Resources Control Board, and/or any other federal, state or local regulatory agencies with appropriate jurisdiction in such matters.

The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

.220 "Private Property" shall mean any real property, irrespective of ownership, which is not open to the general public.

.230 "Prohibited Discharge" shall mean any discharge which is not composed entirely of storm water or which contains any pollutant, from public or private property to (i) the Storm Water Drainage System; (ii) any upstream flow, which is tributary to the Storm Water Drainage System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (iv) any coastal harbor, bay, or the Pacific Ocean.

The term "prohibited discharge" shall not include: (a) discharges occurring in compliance with the NPDES Permit, (b) discharges occurring pursuant to a State General Permit or other Regional Water Quality Control Board, State Water Resources Control Board or U.S. Environmental Protection Agency issued NPDES Permit or permit waiver, (c) discharges authorized pursuant to a permit issued under Section 10.09.040 hereof, (d) discharges allowable under the discharge exception, or (e) discharges allowable under the domestic sewage exception.

.240 "Responsible Party" shall mean the person(s) identified in and responsible for compliance with the provisions of a water quality management plan approved by the City of Anaheim Public Works Department.

.250 "Significant Redevelopment" shall mean the remodeling or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, involving more than fifty percent of the structure for which either a discretionary land use approval, grading permit, or building permit is required.

.260 "State General Permit" shall mean either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities.

.270 "Storm Water Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide storm water runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any Co- Permittee City, and used for the purpose of collecting, storing, transporting or disposing of storm water. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 No person shall:

(1) Construct, maintain, operate and/or utilize any illicit connection;

(2) Cause, allow or facilitate any prohibited discharge;

(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.

.020 The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of the ordinance codified in this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:

(1) For all structural improvements to property installed for the purpose of discharge to the Storm Water Conveyance System, the expiration of five years from the adoption of the ordinance codified in this chapter.

(2) For all nonstructural improvements to property (including natural surface flow patterns, depressions or channels traversing one or more properties) existing for the purpose of discharge to the Storm Water Conveyance System, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under the ordinance codified in this chapter.

.030 A civil or administrative violation of Section 10.09.020.010 shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

.040 If an Authorized Inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the Authorized Inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty- day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of Section 10.09.020.010.

.050 The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Sections 10.09.060.010(6) — (10) for an extension of the period allowed for

continued use of the connection. A reasonable extension of use may be authorized by the Director upon consideration of the following factors:

(1) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;

(2) The economic investment of the discharger in the legal nonconforming connection; and

(3) The financial effect upon the discharger of a termination of the legal nonconforming connection. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 New Development and Significant Redevelopment.

(1) Beginning January 12, 1995, and continuing thereafter, all new development and significant redevelopment within the City of Anaheim shall be undertaken in accordance with:

(i) A water quality management plan, which shall be prepared in accordance with the development project guidance, as defined herein; and

(ii) Any conditions and requirements established by the Public Works Department, which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site.

(2) Prior to the issuance by the City of Anaheim of a grading permit, building permit and/or conditional use permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the Public Works Department of a water quality management plan. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or conditional use permit, the property owner shall submit to and obtain the approval of the Public Works Department of a water quality management plan prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.

(3) Notwithstanding the foregoing Sections 10.09.050.010(1) and 10.09.050.010(2) where only one single-family detached residence is to be constructed, a water quality management plan shall not be required unless the City of Anaheim Public Works Department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the Storm Water Drainage System.

(4) Compliance with the conditions and requirements of a water quality management plan shall not exempt any person from the requirement to independently comply with each provision of the ordinance codified in this chapter.

(5) If the Director determines that the project will have a de minimis impact on the quality of the storm water runoff, it may issue a written waiver of the requirement for preparation and approval of a water quality management plan.

(6) The Director may determine that a water quality management plan is required for ongoing operations. If such a determination is made, the applicant must obtain an operational discharge permit from the City after the construction phase is completed, and must maintain this permit during the life of the operation of the project.

(7) Each water quality management plan shall name a responsible party for the project.

(8) The owner of a new development or significant redevelopment project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved water quality management plan.

(i) Each day the owner of the property, their successors or assigns, or a named responsible party fails to implement and adhere to the terms, conditions and requirements of an approved water quality management plan shall constitute a separate violation of the ordinance codified in this chapter.

(9) The City Public Works Department may require that the water quality management plan be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the City shall not be required for recordation.

.020 Cost Recovery. The costs and expenses of the City Public Works Department, as established by resolution, incurred in the review, approval, or revision of any water quality management plan shall be assessed to the property owner or responsible party and shall be due and payable to the City.

The City Public Works Department may elect to require a deposit of estimated costs and expenses, in accordance with said resolution, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 Local Discharge Permit Procedure.

(1) Local Discharge Permit. On application of the owner of private property or the operator of any facility, which property or facility is not otherwise subject to obtaining a State General Permit, or State Project Specific Permit, the Director may issue a Local Discharge Permit (hereinafter "local permit") authorizing the release of non-storm water discharges to the Storm Water Drainage System if:

(i) The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and

(ii) The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards.

(2) Application. The applicant shall provide all information requested by the Director for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted.

(3) Local Permit Issuance. The permit shall be granted or denied by the Director not later than sixty business days following the completion and acceptance of the application as determined by the Director.

(i) The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.

(4) Local Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of the ordinance codified in this chapter and as necessary to protect the receiving waters, including but not limited to:

(i) Identification of the discharge location on the property and the location at which the discharge will enter the Storm Water Drainage System;

(ii) Identification of the constituents and quantities thereof to be discharged into the Storm Water Drainage System;

(iii) Specification of pollution prevention techniques and structural or non-structural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of the ordinance codified in this chapter;

(iv) Requirements for self-monitoring of any discharge;

(v) Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self- monitoring reports and waste manifests; and

(vi) Other terms and conditions appropriate to ensure compliance with the provisions of the ordinance codified in this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, State of California or regional agency.

.020 Local General Permit. In the discretion of the Director, the local permit may, in accordance with the conditions identified in Section 10.09.040.010(4) hereinabove, be prepared as a general permit applicable to a specific category of activities (hereinafter "local general permit"). If a local general permit is issued, any person intending to discharge within the scope of the authorization provided by the local general permit may do so by filing an application to discharge with the Director. No discharge within the scope of the local general permit shall occur until such application is so filed.

(i) Notwithstanding the foregoing in this subsection 10.09.040.020, the Director, at his/her discretion, may eliminate the requirement that an application for a local general permit be filed for any specific activity for which a local general permit has been issued.

.030 Permit Fees. The permission to discharge shall be conditioned upon the applicant's payment of the city's costs, in accordance with a fee schedule adopted by separate resolution, as follows:

(i) For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, inspecting the operation, and the costs reasonably related to administering this permit program.

(ii) For general permits, the costs of reviewing the permit application, that portion of the costs of preparing the general permit which is reasonably attributable to the permittee's application for the general permit, the costs of inspecting the operation and the costs reasonably related to administering the general permit program.

.040 Permit Suspension, Revocation or Modification.

(1) The Director may suspend or revoke any local permit when it is determined that:

(i) The permittee has violated any term, condition or requirement of the local permit or any applicable provision of the ordinance codified in this chapter; or

(ii) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within the ordinance codified in this chapter; or

(iii) The permittee fails to comply with any schedule for compliance issued pursuant to the ordinance codified in this chapter; or

(iv) Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated.

(2) The Director may modify any local permit when it is determined that:

(i) Federal or state law requirements have changed in a manner that necessitates a change in the permit; or

(ii) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or

(iii) A change to the permit is necessary to ensure compliance with the objectives of the ordinance codified in this chapter or to protect the quality of receiving waters.

The Permittee shall be informed of any change in the local permit terms and conditions at least forty-five business days prior to the effective date of the modified permit.

(3) The determination that a local permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an Administrative Compliance Order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the Hearing Officer.

.050 Local Permit Enforcement — Penalties. Any violation of the terms, conditions and requirements of any local permit issued by the Director shall constitute a violation of the ordinance codified in this chapter and subject the violator to the administrative, civil and criminal remedies available under the ordinance codified in this chapter and under applicable laws.

.060 Compliance with Laws. Compliance with the terms, conditions and requirements of a local permit issued pursuant to the ordinance codified in this chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued.

.070 Limited Permittee Rights. Local permits issued under the ordinance codified in this chapter are for the person or entity identified therein as the "Permittee" only, and authorize the specific operation at the specific location identified in the permit. The issuance of a local permit does not vest the permittee with a continuing right to discharge.

.080 Transfer of Local Permits. No local permit may be transferred to allow:

(i) A discharge to the Storm Water Drainage System at a location other than the location stated in the original permit; or

(ii) A discharge by a person or entity other than the permittee named in the permit, provided however, that the City may approve a transfer if written approval is obtained, in advance, from the Director of Public Works/City Engineer, or his or her designee. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 Scope of Inspections.

(1) Right to Inspect. Except as otherwise provided by law, prior to commencing any inspection as hereinbelow authorized, the Authorized Inspector shall obtain either the consent of the owner or occupant of the private property or obtain an administrative inspection warrant or a search warrant. Requesting and obtaining a permit relating to storm water discharge, shall constitute consent to the Authorized Inspector to enter applicant's or permittee's property for the purpose of inspection to determine compliance with the permit, at any time without prior notice.

(2) Entry to Inspect. Whether or not a permit has been issued, an Authorized Inspector or any other individual authorized by law may enter private property without a warrant and without permission or consent to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Water Drainage System located within the jurisdiction of the City of Anaheim.

(3) Compliance Assessments. The Authorized Inspector may inspect private property for the purpose of verifying compliance with the ordinance codified in this chapter, including but not limited to (i) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants, (iii) investigating the natural slope at the location, including drainage patterns and man- made conveyance systems, (iv) establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system, (v) locating any illicit connection or the source of prohibited discharge, (vi) evaluating compliance with any water quality management plan, (vii) evaluating compliance with any permit issued pursuant to Section 10.09.040 hereof, and (viii) investigating the condition of any legal nonconforming connection.

(4) Portable Equipment. For purposes of verifying compliance with the ordinance codified in this chapter, the Authorized Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, without a warrant and without permission or consent.

(5) Records Review. The Authorized Inspector may inspect all records of the owner or occupant of private property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, Material Safety Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State General Permits, Storm Water Pollution Prevention Plans, Monitoring Program Plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the Storm Water Drainage System.

(6) Sample and Test. The Authorized Inspector may inspect, sample and/or test, or cause to be inspected, sampled and/or tested any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the Storm Water Drainage System. The Authorized Inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Authorized Inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(7) Monitoring. The Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any

discharge or potential source of discharge to the Storm Water Drainage System. Said monitoring shall apply to any or all successors in interest to the property affected by the monitoring.

(8) Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the Authorized Inspector. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 Administrative Remedies.

(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or occupant of any private property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with Section 10.09.060.010(5) of the ordinance codified in this chapter.

(i) The notice of noncompliance shall identify the provision(s) of the ordinance codified in this chapter, the applicable water quality management plan or permit which have been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

(ii) The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety days unless the Authorized Inspector extends the compliance deadline an additional ninety days where good cause exists for the extension.

(2) Administrative Compliance Orders.

(i) The Authorized Inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with Section 10.09.060.010(5) of the ordinance codified in this chapter. The administrative compliance order may be issued to:

(a) The owner or occupant of any private property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of the ordinance codified in this chapter;

(b) The owner of private property or a responsible party subject to the requirements of any water quality management plan to ensure implementation of and adherence to the terms, conditions and requirements of the plan;

(c) A permittee subject to the requirements of any permit issued pursuant to Section10.09.040 hereof to ensure compliance with the terms, conditions and requirements of the permit;

(d) Any person responsible for an illicit connection or prohibited discharge.

(ii) The administrative compliance order may include, but is not limited to, the following terms and requirements:

(a) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including but not limited to the threat of a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;

(b) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

(c) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact storm water runoff;

(d) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of the ordinance codified in this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any Federal, State of California, County of Orange, or regional agency;

(e) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any water quality management plan, or permit issued pursuant hereto.

(3) Cease and Desist Orders.

(i) The Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 10.09.060.010(5) of the ordinance codified in this chapter. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of the ordinance codified in this chapter to:

(a) Immediately discontinue any illicit connection or prohibited discharge to the Storm Water Drainage System;

(b) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of the ordinance codified in this chapter;

(c) Immediately discontinue any other violation of the ordinance codified in this chapter;

(d) Clean up the area affected by the violation.

(ii) The Authorized Inspector may direct by cease and desist order that the owner of any private property, the responsible party subject to the terms and conditions of any water quality management plan, or any permittee under any permit issued pursuant to Section 10.09.040 hereof:

(a) Immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable water quality management plan or permit.

(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of any private property, any permittee or any responsible party, or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs, including attorneys' fees. An invoice for costs shall be delivered in accordance with Section 10.09.060.010(5) of the ordinance codified in this chapter. An invoice for costs shall be immediately due and payable to the City for the actual costs, including attorneys' fees, incurred by the City in issuing and enforcing any notice or order.

(i) If any owner or occupant, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with Section 10.09.060.010(6), then the Enforcing Attorney or City Attorney may institute collection proceedings.

(ii) The Director may elect to institute collection proceedings in small claims court, in which case, the matter will be handled by the Director of Public Works/City Engineer or his or her designee.

(5) Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of the ordinance codified in this chapter shall be subject to the following:

(i) The notice shall state that the recipient has a right to appeal the matter as set forth in Sections10.09.060.010(6) through Section 10.09.060.010(10) of the ordinance codified in this chapter.

(ii) Delivery shall be deemed complete upon (a) personal service to the recipient; (b) deposit in the U.S. mail, postage pre- paid for first class delivery; or (c) facsimile service with confirmation of receipt.

(iii) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.

(iv) Where the owner or occupant of any private property cannot be located after reasonable efforts of the Authorized Inspector, or his or her designee, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten business days.

(6) Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to the ordinance codified in this chapter, may appeal the matter by requesting an administrative hearing. Administrative hearings for cease and desist orders and emergency abatement actions are governed by Section 10.09.060.010(8) hereinbelow.

(7) Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within thirty days after delivery of the said notice, order, invoice or adverse determination, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the Director and the City Attorney.

Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing shall be held within five business days following the issuance of a cease and desist order or following an emergency action or abatement, unless the conduct of the hearing or the time requirement for the hearing is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.

(9) Hearing Proceedings. The Authorized Inspector shall appear in support of the notice, order, determination, invoice or costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.

(10) Final Decision and Appeal. With the exception of a cease and desist order or where an emergency abatement action has taken place, the final decision of the Hearing Officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety days following.

(i) Where the validity of a cease and desist order is involved or where an emergency abatement action has taken place, the final decision of the Hearing Officer shall be mailed within five business days following the conclusion of the hearing.

(11) City Abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued pursuant to the ordinance codified in this chapter, the Authorized Inspector may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to Section 10.09.060.020(4).

.020 Nuisance Abatement. Any condition in violation of the prohibitions of the ordinance codified in this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771.

(1) Court Order to Enjoin or Abatement. At the request of the Director, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.

(2) Notice to Owner and Occupant. Prior to seeking a court order to enjoin or abate a nuisance or threatened nuisance, the Director shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.

(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Director may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

(i) An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.

(ii) Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to Section 10.09.060.010(8) hereinabove shall follow the abatement action.

(4) Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses, including attorneys' fees and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing or maintaining the nuisance.

(5) Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1.

(i) At the request of the Director of Public Works/City Engineer, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgement or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5.

.030 Criminal Sanctions.

(1) Prosecutor. The City Attorney may act on the request of the Director to pursue enforcement actions in accordance with the provisions of the ordinance codified in this chapter.

(2) Infraction. Any person who may otherwise be charged with or cited for a misdemeanor under the ordinance codified in this chapter may, at the discretion of the prosecuting attorney, be charged with an infraction punishable by a fine of not more than one hundred dollars for a first violation, two hundred dollars for a second violation, and a fine not exceeding five hundred dollars for each additional violation occurring within one year.

(3) Misdemeanors. Any person who negligently or knowingly violates any provision of the ordinance codified in this chapter, undertakes to conceal any violation of the ordinance codified in this chapter, continues any violation of the ordinance codified in this chapter after notice thereof, or violates the terms, conditions and requirements of any water quality management plan or permit, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months, or both.

.040 Citations. Pursuant to Penal Code Section 836.5, the Code Enforcement Officer and/or a police officer shall have the authority to cause the arrest of any person committing a violation of the ordinance codified in this chapter. The person may be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Inspector shall refer the matter to the City Attorney.

.050 Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of the ordinance codified in this chapter, an Administrative Compliance Order, a cease and desist order, an applicable water quality management plan, or a permit issued pursuant to the ordinance codified in this chapter, shall constitute a separate violation of the ordinance codified in this chapter punishable in accordance herewith.

.060 Non-exclusive Remedies. Each and every remedy available for the enforcement of the ordinance codified in this chapter shall be non-exclusive and it is within the discretion of the Authorized Inspector or City Attorney to seek cumulative remedies.

.070 Violations of Other Laws. Any person acting in violation of the ordinance codified in this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the City Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The City Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of the ordinance codified in this chapter.

.080 Injunctions. At the request of the Director, the City Attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of the ordinance codified in this chapter.

(1) Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing the ordinance codified in this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, attorneys fees, costs relating to restoration of the environment and all other expenses as authorized by law.

.090 Other Civil Remedies.

(1) The Director of Public Works/City Engineer may request the City Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of the ordinance codified in this chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, attorneys fees, all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (iii) damages for irreparable harm to the environment.

(2) The City Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the Storm Water Drainage System from any violation of the ordinance codified in this chapter where the same has caused damage, contamination or harm to the environment, public property or the Storm Water Drainage System.

(3) The remedies available to the City pursuant to the provisions of the ordinance codified in this chapter shall not limit the right of the City to seek any other remedy that may be available by law. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 The Federal Clean Water Act authorizes the NPDES Permit for the Orange County area and provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coordinated effort of the County and the Co-Permittees is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Santa Ana/San Diego Regions, the NPDES Permits, the DAMP, the ordinance codified in this chapter, the appendices to the DAMP, including, but not limited to, the development project guidance, monitoring and data collection cooperation and regular emergency and spill response planning activities.

.020 The City may elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by the ordinance codified in this chapter. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 Compliance Disclaimer. Full compliance by any person or entity with the provisions of the ordinance codified in this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into storm water and/or the protection of storm water quality.

.020 Repeal of Prior Ordinance. The enactment of the ordinance codified in this chapter by City shall repeal the provisions of Anaheim Municipal Code Sections 10.08.060, 10.08.060.10 and 10.08.060.020. (Ord. 5463 § 1 (part); December 13, 1994.)

.010 The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to the ordinance codified in this chapter. Parties seeking judicial review of any action taken pursuant to the ordinance codified in this chapter shall file such action within ninety days of the occurrence of the event for which review is sought. (Ord. 5463 § 1 (part); December 13, 1994.)