Camarillo Municipal Code Ch. 9.32 Stormwater Quality

Footnotes:

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Editor's note— Ord. No. 1074, § 2, adopted Dec. 12, 2012, amended Ch. 9.32 in its entirety to read as herein set out. Former Ch. 9.32, §§ 9.32.010—9.32.130, pertained to stormwater quality management, and derived from Ord. 892 § 2(part), adopted 1998.

This chapter implements the Federal Water Pollution Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C. Section 1251 and following, as amended, and Division 7 of the California Water Code by prohibiting the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES") required by CWA Section 402, 33 U.S.C. Section 1342, and by prohibiting non-stormwater discharges into the storm drain system.

(Ord. No. 1074, § 2, 12-12-2012)

For the purposes of this chapter, the following words and phrases will have the meanings set forth this section. Words and phrases not defined in this section or elsewhere in this chapter will have the meanings set forth in the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, and if not defined in such laws, then the applicable definitions in the municipal stormwater permit will apply.

"Basin plan" means the Water Quality Control Plan for Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the regional board on June 13, 1994, as amended from time to time.

"Best management practices (BMPs)" means measures, practices, and procedures to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the city's storm drain system and receiving waters. A BMP may consist of a structural BMP, source control BMP, treatment control BMP, or any other BMP promulgated by the California Stormwater Quality Association (CASQA), California Department of Transportation (Caltrans), or approved by the director for the purpose of controlling or eliminating stormwater pollution.

"Channel" means an open conduit either naturally or artificially created that periodically or continuously contains moving water, or which forms a connecting link between two waterbodies.

"Construction activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activities that result in a land disturbance. Construction activity does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain original line and grade, hydraulic capacity, or original purpose of the facility.

"Contamination" means an impairment of the quality of waters of the state by waste to a degree that creates a hazard to the public health through poisoning or spread of disease. Contamination also includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected as defined in California Water Code Section 13050(k).

"Critical source facilities" means those businesses, commercial or industrial facilities that have the potential to contribute pollutants to stormwater runoff and are listed in Part 4.D and Attachment D of the municipal stormwater permit.

"Dechlorinated/debrominated swimming pool discharge" means any swimming pool discharge with a residual chlorine or bromine level of 0.1 mg/L or less; and that does not contain any detergents, wastes, algaecides, or cyanuric acid in excess of 50 ppm, or any other chemicals including salts from pools commonly referred to as "salt water pools". The term does not include swimming pool filter backwash or swimming pool water containing bacteria.

"Development" means any construction, rehabilitation, redevelopment or reconstruction for which either a discretionary land use approval or a permit is required, for any public or private residential (whether single-family, multi-unit or planned unit development); industrial; commercial; retail; institutional; and other nonresidential projects, including public agency projects; or mass grading for future construction.

"Director" means the city's director of public works and persons designated by the director.

"Discharge" when used without qualification means the discharge of a pollutant.

"Discharge of a pollutant" means any addition of any pollutant to waters of the United States, to the city's storm drain system, or any addition of any pollutant to waters of the contiguous zone from any point source other than a vessel or other floating craft which is being used as a means of transportation.

"Discharger" means any person causing a discharge.

"EPA" or "U.S. EPA" means the Environmental Protection Agency of the United States of America.

"Environment" means the physical conditions that exist within the area and that will be affected by a proposed project. The environment means both naturally occurring and man-made conditions. The area involved will be the area in which significant effects would occur, either directly or indirectly, as a result of the project.

"Hazardous substances" means those substances designated as hazardous substances under Section 311(b)(2)(A) of the Clean Water Act, which are listed in the table at 40 CFR Section 116.4, and other applicable law.

"Hearing officer" means the director or the director's designee, who will preside at the administrative hearings authorized by the chapter and issue final decisions on matters raised in such hearings.

"Illicit connection" means any device or artifice used to connect into the storm drain system, without a permit, through or by which an illicit discharge may be discharged.

"Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges which are exempt or conditionally exempt in accordance with any applicable order of the regional board.

"Invoice for costs" means an invoice for the actual costs and expenses of the city, including, but not limited to administrative overhead, salaries, attorneys' fees and other expenses recoverable under applicable law, incurred during any inspection, investigation or proceeding conducted pursuant to this chapter, where a notice of violation or other enforcement remedy under this chapter is used to obtain compliance with this chapter.

"Maximum extent practicable" means the level of pollutant control that is derived from available technology or other controls at the maximum level that is practical. Pollution prevention and source control BMPs in combination with structural and treatment methods where appropriate are emphasized to achieve compliance. The maximum extent practicable approach is an ever evolving and advancing concept that considers technical and economic feasibility.

"Municipal separate storm sewer system (MS4)" or "storm drain system" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting or disposing of stormwater into waters of the United States (as defined in 40 CFR Section 122.2).

"Municipal stormwater permit" means the applicable NPDES Permit for Waste Discharge Requirements for Stormwater (Wet Weather) and Non-Stormwater (Dry Weather) Discharges from the Municipal Separate Storm Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities Therein, as amended from time to time.

"National Pollutant Discharge Elimination System (NPDES) permit" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 318, 402, and 405 and includes NPDES general permits and the permit issued by the regional board, and entitled Waste Discharge Requirements for Stormwater and Non-Stormwater Discharges from the Municipal Separate Storm Sewer System within the Ventura County Watershed Protection District, County of Ventura and the Incorporated Cities Therein, Order No. R4-2010-0108, (NPDES Permit No. CAS004002) and subsequently-issued NPDES permits.

"New development" means land disturbing activities, structural development, construction or installation of a building structure, creation and replacement of impervious surfaces and land subdivision.

"Non-stormwater discharge" means any discharge to a storm drain system that is not composed entirely of stormwater.

"Occupant" means any person who dwells, resides or works at a property.

"Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

"Pollutant" means a "pollutant" as defined in Section 502(6) of the Clean Water Act, 33 U.S.C. Section 1362(6) and incorporated by reference into California Water Code section 13373, or other applicable law, which is discharged into water.

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. Pollution also means an alteration of the quality of waters of the state by waste to a degree that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

"Post-construction stormwater management plan" means a plan that defines the strategy and describes the design, placement and implementation of stormwater retention and stormwater treatment BMPs to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges to the maximum extent practicable, for post-construction urban runoff to the city's storm drain system.

"Potable water sources" means the potable water system for the treatment, distribution, and provision of water for residential, commercial, industrial, or institutional use that meets all California safe drinking water regulatory standards for human consumption.

"Receiving waters" means all surface water bodies identified in the basin plan.

"Redevelopment" means land-disturbing activity that results in the creation, addition or replacement of five thousand square feet or more of impervious surface area on an already developed site as defined in the municipal stormwater permit. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. For an existing single-family dwelling and accessory structures, redevelopment means projects that create, add, or replace ten thousand square feet of impervious area. Redevelopment does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Regional board" means the California Regional Water Quality Control Board, Los Angeles Region.

"Responsible person" means the owner or occupant of a property and any other person responsible for compliance with the provisions of this chapter.

"Source control BMP" means any schedule of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

"State board" means the California State Water Resources Control Board.

"State general permit" means a permit issued by the state board or the regional board pursuant to 40 CFR Sections 122 and 123 to regulate a category of point sources. The term state general permit includes, but is not limited to, the General Permit for Stormwater Discharges Associated with Construction Activity and the General Industrial Activities Stormwater Permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting authority of the state board, then the term state general permit will also refer to any EPA administered stormwater control program for industrial, construction, and any other category of activities.

"Stormwater" means any surface flow, runoff, and/or drainage associated with rain storm events and/or snow melt, as defined in 40 CFR Section 122.26(b)(13).

"Stormwater pollution control plan (SWPCP)" means a plan or equivalent form, as required by the municipal stormwater permit or by the director, identifying potential pollutant sources from a construction site with less than one acre of soil disturbance and describing proposed design, placement and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges to the city's storm drain system, to the maximum extent practicable, during construction activities.

"Stormwater pollution prevention plan (SWPPP)" means a plan, as required by a state general permit, identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the state general permit.

"Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of stormwater runoff pollution.

"Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants.

"Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

"Ventura County Technical Guidance Manual for Stormwater Quality Control Measures" or "technical guidance manual" means the county technical guidance manual for stormwater quality measures required by the municipal stormwater permit, as amended from time to time.

"Waste" means garbage, hazardous waste, solid waste, yard waste, wood waste, sewage, or wastewater, including any wastewater of the community derived from human, agricultural, commercial or industrial sources, including domestic sewage, liquid waste and industrial wastes, together with such surface water, groundwater and stormwater as may be present.

"Watercourse" means any natural or artificial channel for passage of water including the Ventura County Watershed Protection District (VCWPD), previously the Ventura County Flood Control District (VCFCD), jurisdictional channels, or "red line channels" (as described in the list of channels within the comprehensive plan of the VCFCD as of October 4, 1994, and amended).

"Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the state of California.

"Waters of the United States" means bodies of water as defined in 40 CFR Section 122.2.

"Wet or rainy season" means the calendar period from October 1 through April 15.

(Ord. No. 1074, § 2, 12-12-2012)

A. The discharge of pollutants into the storm drain system is prohibited.

B. All discharges of material other than stormwater into the storm drain system must be in compliance with the city's NPDES permit and any other NPDES permit applicable to the subject property.

C. No person may do any of the following:

1. Construct, use, maintain, operate or utilize an illicit connection;

2. Cause, permit, or allow any agent, employee, independent contractor or other person, to construct, maintain, operate, or utilize an illicit connection;

3. Cause, allow or facilitate an illicit discharge; or

4. Cause, permit, or allow any agent, employee, or independent contractor, to cause, allow, or facilitate an illicit discharge.

D. In addition to any other remedy provided by law, the director may, by written notice, require persons responsible for an illicit discharge or illicit connection to immediately, or by a specified date, discontinue the illicit discharge or illicit connection and, if necessary, to take measures to eliminate the source of the illicit discharge or illicit connection. If the illicit discharge or illicit connection is not discontinued in the time specified, the city may take measures to eliminate the source of the illicit discharge or illicit connection to prevent the occurrence of future illicit discharges or illicit connections.

E. Whenever the director finds that an illicit discharge or illicit connection resulting in the release of pollutants is taking place or has occurred which may result in or has resulted in the release of pollutants is taking place or has occurred which may result in or has resulted in pollutants entering the storm drain system, or watercourse, the director may require by written notice to the responsible person that the pollution cease, be remediated, and the affected property be restored to its pre-pollution condition within a specified time, along with all other remedies available to the city.

F. The director may, by written notice, require a person responsible for an illicit connection to the storm drain system to eliminate or to secure approval for the connection within a specified time, regardless of whether or not the connection or discharge to it has been established or approved prior to the effective date of this chapter.

(Ord. No. 1074, § 2, 12-12-2012)

A. No person may discharge any material, other than stormwater into the city storm drain system or receiving waters, unless a permit has first been obtained.

B. The following discharges are exempt from the general permit requirement in subsection A:

1. Discharges originating from a state, federal, or other source for which the city is pre-empted from regulating by state or federal law;

2. Discharges covered by a separate individual or general NPDES permit, or conditional waiver for irrigated lands;

3. Discharge flows from fire-fighting activities; or

4. Discharges that fall within one of the categories below that are not a source of pollutants that exceed water quality standards, and where specified, meet all the conditions stated:

a. Natural flows.

i. Stream diversions authorized by the state board.

ii. Natural springs and rising groundwater.

iii. Uncontaminated groundwater infiltration.

iv. Flows from riparian habitats or wetlands, provided all necessary permits or authorization are received prior to diverting the stream flow.

b. Flows incidental to urban activities.

i. Discharges from potable water sources provided the flows are:

(1) Low volume, incidental, and infrequent releases that are innocuous from a water quality perspective;

(2) Dechlorinated, pH adjusted if necessary, re-oxygenated, and both the volume and velocity are controlled to prevent re-suspension of sediments; and

(3) All sediments must be collected and disposed of in a legal manner.

ii. Gravity flow from foundation, footing, and crawl space drains.

iii. Discharges from air conditioning condensate with flow segregated to prevent introduction of pollutants.

iv. Reclaimed and potable irrigation water runoff with flow segregated to prevent introduction of pollutants.

v. Dechlorinated/debrominated swimming pool discharges that:

(1) Do not have Chlorine or Bromine residuals that exceed 0.1 mg/L;

(2) Do not contain any chemicals, detergents, wastes, or algaecides;

(3) Do not contain cyanuric acid in excess of 50 ppm;

(4) Do not contain salts or pH levels in excess of the water quality standards set forth in the municipal stormwater permit;

(5) The volume and velocity is controlled to prevent re-suspension of sediments; and

(6) The cleaning waste water and filter back wash is not be discharged to storm drain system.

c. Non-commercial car washing by residents or non-profit organizations.

d. Sidewalk rinsing using a high pressure-low volume of water device with no additives.

e. Pooled stormwater from treatment BMPs provided that:

i. The discharge is not a source of pollutants;

ii. Sediments are to be disposed of properly in compliance with all applicable laws.

(Ord. No. 1074, § 2, 12-12-2012)

The following discharges are prohibited from entering the storm drain system:

A. Discharges from the washing or cleaning of gas stations, auto repair garages, or other types of automotive service facilities.

B. Discharges from mobile auto washing, carpet cleaning, steam cleaning, sandblasting, and other such mobile commercial and industrial operations.

C. Discharges from areas where repair of machinery and equipment, which are visibly leaking oil, fluid or antifreeze, is performed.

D. Discharges from storage areas for materials containing grease, oil, or other hazardous substances, or uncovered receptacles containing hazardous materials.

E. Discharges from swimming pools that have a chlorine/bromine concentration greater than 0.1 mg/L or a chloride concentration greater than 150 mg/L.

F. Discharges from swimming pool filter backwash, decorative fountains, and ponds.

G. Discharges from industrial/commercial areas, including the washing or cleaning of restaurant mats.

H. Discharges from stationary or mobile pet grooming facilities.

I. Trash container leachate.

J. Spills, dumping or disposal of pesticide, fungicide, herbicide, litter, landscape and construction debris, garbage, food, animal waste, fuel or chemical wastes, batteries, and any other materials that have the potential to adversely impact water quality.

(Ord. No. 1074, § 2, 12-12-2012)

A. Discharges of stormwater containing pollutants that have not been reduced to the maximum extent practicable are prohibited.

B. Any person engaged in activities that will or may result in pollutants entering the storm drain system or watercourses must undertake all practicable measures to reduce such pollutants.

C. With written concurrence of the regional board, the city may exempt in writing other non-stormwater discharges that are not a source of pollutants to the storm drain system or watercourses.

(Ord. No. 1074, § 2, 12-12-2012)

A. Prohibition. No person may throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, kept, or maintained, in or upon any public or private driveway, parking area, street, alley, sidewalk, trail, or component of the storm drain system or any receiving waters, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, or pollutant so that the same may cause or contribute to pollution.

B. Waste Management on Residential Sites. Waste must be deposited in a proper receptacle that must be covered to prevent scattering by wind or animal. Spillage and overflow of wastes around containers must be promptly cleaned and properly disposed of.

C. Waste Management on Commercial, Industrial Sites and Private Residential Complexes. It is the responsibility of any person owning or operating any commercial establishment, industrial park, or residential complex with common areas to procure and place trash receptacles at their own expense on the premises. Persons placing trash in receptacles must do so in such manner as to prevent litter from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. Persons owning or occupying a place of business, who sell or offer for sale food or other goods for immediate consumption wrapped in paper, plastic, cardboard or other similar disposable materials or containers, must endeavor to implement a general litter removal program so as to remove litter generated by such business at least each business day. No person owning or occupying a place of business may sweep into or deposit in the storm drain system the accumulation of litter from any building or lot from any public or private sidewalk or driveway. Persons owning or occupying places of business must keep the sidewalk in front of their business premises free of litter.

(Ord. No. 1074, § 2, 12-12-2012)

A. Any construction activity that results in a land disturbance that requires a grading, building, or discretionary permit must be undertaken in accordance with:

1. Any conditions and requirements established by the municipal stormwater permit or other permits which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the construction site.

2. Any condition or requirement established by the director to protect specific watersheds or drainage basins.

3. Any construction activity requiring a grading or demolition, or stockpile permit must include a plan identifying the structural and non-structural BMPs to be implemented during the construction activity to reduce pollutants in stormwater runoff from the site and prevent construction site discharges from causing or contributing to a violation of water quality standards.

a. The stormwater runoff plan required for the construction activity will be based on the area of land to be disturbed by the construction activity as follows:

i. Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of less than one acre of land will require that the responsible person to submit for approval a stormwater pollution control plan (SWPCP), or equivalent, as required by the municipal stormwater permit.

ii. Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of one acre or greater, will require that the responsible person to submit a stormwater pollution prevention plan (SWPPP) in accordance with the municipal stormwater permit and state general permit.

b. Prior to the issuance of a grading permit or any permit authorizing construction activity including demolition, clearing, grading, grubbing, excavation, construction, if required by the state board, or where the director determines there is a substantial potential for discharge of significant levels of a pollutant into the storm drain system or receiving waters, the responsible person must obtain approval for the required plan based on the area of land disturbed by the construction activity.

c. Each applicable SWPPP or SWPCP, must name a responsible person for the project.

d. The owners of a development project, and their successors and assigns, and each named responsible person, must implement and adhere to the terms, conditions and requirements of the approved SWPPP or SWPCP. Any failure to implement and adhere to the terms, conditions and requirements of such plan will constitute a violation of this chapter.

e. Compliance with the conditions and requirements of a SWPPP or SWPCP will not exempt any responsible person from the requirement to comply independently with each provision of this chapter.

f. Any construction activity requiring a SWPPP or SWPCP will be inspected a minimum of once during the wet season for the implementation of stormwater quality controls. If the city determines that the SWPCP or SWPPP has been property implemented, a follow-up inspection will be conducted by city of the site within two weeks of the initial inspection.

g. The costs and expenses of the city incurred in the review, approval, or revision of any SWPPP or SWPCP, as well as for the construction site inspection and reinspection will be included as part of the applicable fee for such plans.

(Ord. No. 1074, § 2, 12-12-2012)

A. All new development and redevelopment within the city must be undertaken in accordance with:

1. Any conditions and requirements established by the municipal stormwater permit.

2. Any condition or requirements established by the city to protect specific watersheds or drainage basins.

B. Applicability of this chapter to new development and redevelopment projects will be determined in accordance with the municipal stormwater permit.

C. The following requirements apply to new development and redevelopment projects that are subject to post-construction stormwater controls :

1. A post-construction stormwater management plan (PCSMP) will be required to be submitted .

2. Each PCSMP must:

a. Include the name the owner or other responsible person for the project;

b. Illustrate the location of proposed post-construction stormwater controls;

c. Provide engineering calculations and analysis in accordance with the technical guidance manual that demonstrate that the post-construction stormwater controls will function appropriately;

d. Include an operation and maintenance plan in accordance with the technical guidance manual. The operation and maintenance plan must specify a required schedule and requirements for maintenance and monitoring;

e. Include a stormwater treatment device access and maintenance agreement on the form provided by city. The director may require that the agreement be recorded with the county recorder's office.

3. The owner or responsible person must implement and adhere to the terms, conditions and requirements of the approved post-construction stormwater management plan. Each failure to implement and adhere to the post-construction stormwater management plan will constitute a separate violation of this chapter.

4. The costs and expenses of the city incurred in the review, approval or revision of any post-construction stormwater management plan or other related requirements will be charged to the owner or responsible person of the applicable new development or redevelopment project as a fee per the applicable city fee resolution.

5. Compliance with the conditions and requirements of a post-construction stormwater management plan and related maintenance agreement does not exempt any person or development project from the requirement to comply independently with each provision of this chapter.

D. The following requirements apply to all properties with post-construction stormwater controls:

1. The owner or responsible person of a property with a post-construction stormwater control device must submit to the city an annual statement on the form provided by the city that certifies that the post-construction stormwater device is being adequately maintained and functions as designed. If the annual statement is not timely received by city, the city may inspect the post-construction stormwater device and the owner or responsible person will be charged for such inspection and any necessary reinspections.

(Ord. No. 1074, § 2, 12-12-2012)

A. Authorization to Adopt and Enforce Best Management Practices. The director may adopt requirements establishing appropriate best management practices (BMPs) for any activity, operation or facility which may cause or contribute to pollution or contamination of the storm drain system. If relevant BMPs have been promulgated by the city or any federal, state or county agency for an activity, operation or facility that would otherwise cause the discharge of pollutants to the storm drain system or watercourses, every person undertaking such activity or operation, or owning or operating such facility must implement such BMPs.

B. Responsibility to Implement Best Management Practices. Any person engaged in activities or operations or owning facilities or property that will or may result in pollutants entering the storm drain system, or watercourses, as determined by the director, must implement applicable BMPs to the extent they are technologically and economically achievable to prevent or reduce such pollutants.

(Ord. No. 1074, § 2, 12-12-2012)

Each industrial discharger associated with any construction activity, or any other discharger described in any NPDES permit as may be adopted by the EPA, the state board or the regional board must comply with and undertake all other activities required by any applicable NPDES permit with regard to such discharges.

(Ord. No. 1074, § 2, 12-12-2012)

A. Every owner or responsible person for a property, through which a watercourse or portion of the storm drain system passes, must keep and maintain the property reasonably free of litter, debris, vegetation and other obstacles which may contribute pollutants, contaminates or cause a blockage of the flow of water through the watercourse or storm drain system.

B. Every owner or responsible person for a property, must maintain all existing structures within or adjacent to the storm drain system so that such structures will not become a hazard to the use, function or physical integrity of the storm drain system; and, consistent with other laws regarding riparian habitat protection, may not remove healthy bank vegetation beyond that actually necessary for such maintenance, nor remove any such vegetation in a manner as to increase the vulnerability of a watercourse to erosion.

(Ord. No. 1074, § 2, 12-12-2012)

No person may commit or cause to be committed any of the following acts, unless a appropriate permit or approval from all agencies with jurisdiction of the proposed act or project has first been obtained:

A. The discharge of a pollutant into any pipe or channel to a watercourse or storm drain system.

B. Modify the natural flow of water in a watercourse or storm drain system.

C. Deposit in, plant in or remove any material from a watercourse or storm drain system including its banks, except as required for maintenance.

D. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse or storm drain system.

E. Place any loose or unconsolidated material along the side of or within a watercourse or storm drain system, or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being transported by stormwaters passing through a watercourse or storm drain system.

(Ord. No. 1074, § 2, 12-12-2012)

A. Right to Inspect. Whenever it is necessary to make an inspection to monitor or enforce any of the provisions of, or perform any duty imposed by, this chapter, any permit, stormwater pollution control plan or other applicable law, or whenever the director has reasonable cause to believe there exists upon any premises, including any mobile or portable vehicles, any violation of the provisions of this chapter, any permit, stormwater pollution control plan or other applicable law, or any condition which makes such premises hazardous, unsafe or dangerous, the director is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the director by this chapter, or other applicable law.

B. Entry. The director is authorized to enter public or private property to investigate the source or potential source of a suspected illicit discharge to a storm drain system or watercourses located within the city at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. Prior to commencing any inspection as authorized by this chapter, the director will obtain the consent of the owner or responsible person for the premises or will obtain an administrative inspection warrant or criminal search warrant.

C. Records Review. The director may examine and copy such records as is necessary to determine compliance with the provisions of this chapter.

D. Sample and Test. The director may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The director may investigate the integrity of all storm drain and sanitary sewer systems or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The director may take photographs or videotape, make measurements or drawings and create any other record reasonably necessary to document conditions on the property.

E. Monitoring. The director may undertake monitoring and analysis including both the construction and maintenance of devices at the owners' expense, or require the owner or responsible person to undertake construction and maintenance of devices, at the owners' expense, for the purpose of measuring any discharge or potential source of discharge to the storm drain system.

F. Test Results. The owner or responsible person of property subject to inspection must provide copies of test results to the city. On submission of a written request to the director, such person will be entitled to receive copies of any results of tests conducted by the city.

(Ord. No. 1074, § 2, 12-12-2012)

The city will conduct regular inspections of critical source facilities in accordance with the requirements of the municipal stormwater permit. In order to defray the cost of these mandatory inspections, critical source facilities are required to pay the applicable inspection fee established by city council resolution.

(Ord. No. 1074, § 2, 12-12-2012)

A. Notice of Violation. The director will review each report of illicit connection or illicit discharge, and, if appropriate, may serve a notice of violation to the owner or responsible person of any public or private property, as to which an illicit connection or illicit discharge exists. The notice of violation must include the following:

1. Identify the provision(s) of this chapter, the applicable stormwater pollution prevention plan, stormwater pollution control plan, post-construction stormwater mitigation plan, or permit alleged to have been violated;

2. State that continued noncompliance may result in civil, criminal or administrative enforcement actions ;

3. State a compliance date;

4. Describe the manner of abatement required;

5. Order any necessary remediation work; and

6. State that the city may recover its costs of abating the violation.

B. The notice of violation may include where deemed applicable by the director, the following :

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

2. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

3. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;

4. Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this chapter including, but not limited to, requirements for compliance with BMPs guidance documents promulgated by any federal, state or local agency;

5. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of a stormwater pollution prevention plan, stormwater pollution control plan, post-construction stormwater mitigation plan or permit issued pursuant hereto, or this chapter.

C. Cease and Desist Orders.

1. The director may issue a cease and desist order where the public health, safety and/or welfare requires the same, directing the owner or responsible person to:

a. Immediately discontinue any illicit connection or illicit discharge to the storm drain system;

b. Immediately contain or divert any flow of non-stormwater off the property, where the flow is occurring in violation of this chapter;

c. Immediately discontinue any other violation of this chapter;

d. Clean up the area affected by the violation.

2. The director may direct by cease and desist order that the owner or responsible person immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, permit or this chapter. For construction projects and activities for which a grading or building permit is required a stop work order may be issued by the director or building and safety official of the city to ensure corrective actions are made to the satisfaction of the director. No construction work may be made until corrective actions have been completed to the satisfaction of the director.

3. A cease and desist order will be considered a notice of violation.

D. Recovery of Costs. The director will serve an invoice for costs upon the owner or other responsible person who is subject to a notice of violation or a cease and desist order. If any owner or other responsible person fails to either pay the invoice for costs, then the city may institute collection proceedings.

E. Service of Notices. Any notice of violation, cease and desist order or invoice for costs (collectively, "order") must be served pursuant to the requirements of this chapter and will be subject to the following:

1. Each order must state that the recipient has a right to appeal the matter as set forth in this chapter.

2. The order must include the address of the affected property and be addressed to the owner as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the city.

3. If the owner or other responsible person cannot be located after the reasonable efforts of the director, the order will be deemed served ten business days after posting on the property.

F. Emergency Abatement. The director is authorized to take any reasonably necessary precautions including, but not limited to, decontamination, packaging, dyking and transportation of materials, in order to protect life, protect property or prevent damage resulting from a condition which is likely to result in a discharge presenting an imminent hazard to the public health, safety or welfare; or which, either individually or in conjunction with other discharges, is an imminent hazard to the city's storm drain system, the environment or which places the city in violation of its NPDES permit. In the furtherance of such an operation, city personnel, any party contracting with the city or duly authorized representative of another government agency will have immediate access to the premises. The director may prohibit approach to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof. Any costs incurred by the city in performing emergency abatement procedures may be recovered pursuant to subsection 9.32.160.D.

G. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, a notice of violation, an administrative compliance order, a cease and desist order, an applicable stormwater pollution prevention plan, stormwater pollution control plan, post-construction stormwater mitigation plan, or a condition or requirement of a permit issued pursuant to this chapter, constitutes a separate violation.

(Ord. No. 1074, § 2, 12-12-2012)

A. Any person aggrieved by the issuance of an order may appeal from the issuance of such order in accordance with the following:

1. Any such appeal must be filed in writing within fifteen days of the date of service of the order by the director upon the appealing party.

2. No such appeal will be valid for any purpose unless it is timely filed with the city clerk and unless a filing and processing fee is paid contemporaneously with the filing thereof in an amount as set by city council resolution.

3. Upon the timely filing of such an appeal, the hearing officer will set a time and place for a hearing on such appeal as expeditiously as is possible and notify the appellant in writing of the time and place of the hearing..

4. At the time of such hearing, the hearing officer will permit any interested person to present any relevant evidence bearing on the matters involved in the issuance of the order which is the subject of the appeal. The hearing officer need not follow the strict provisions of the rules of evidence as utilized in a judicial proceeding but will follow the substance of such rule to the end that the decision rendered is based upon reliable relevant evidentiary material. The hearing officer's decision will be final and subject only to judicial review.

B. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any action taken by the city pursuant to this chapter."

(Ord. No. 1074, § 2, 12-12-2012)