Citrus Heights Municipal Code Art. V Stormwater Discharge

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Editor's note— Ord. No. 2004-08, § 1, adopted Sept. 22, 2004, amended Art. V in its entirety to read as herein set out. Former Art. V, §§ 98-201—98-239, pertained to similar subject matter and derived from Ord. No. 2003-08, § 1(15.12.010—15.12.560), adopted Sept. 10, 2003.

This article shall be known as the "Stormwater Ordinance."

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending national pollutant discharge elimination system (NPDES) requirements to stormwater and urban runoff discharge into the city stormwater conveyance system.

(b) The State Water Resources Control Board ("state board") is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Water Code § 13160. The state board is authorized by the United States Environmental Protection Agency to administer the NPDES program within the state. The Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.) provides authority for the state NPDES program, including provisions to issue NPDES permits and waste discharge requirements to regulate discharges of stormwater to waters of the state.

(c) Stormwater flows from individual properties to the city stormwater conveyance system and then ultimately to the waters of the United States.

(d) The city is a co-permittee under the waste discharge requirements for the County of Sacramento and the cities of Sacramento, Elk Grove, Rancho Cordova, Folsom, and Galt for Stormwater Discharges from Municipal Separate Storm Sewer Systems (Order No. R5-2002-0206) dated December 6, 2002, and Order No. R5-2016-0040 dated June 23, 2016 which also serve as national pollutant discharge elimination system permit under the Federal Clean Water Act (NPDES Nos. CA0082597 and CAS0085324) together with all subsequent amendments and renewals. As a co-permittee, the city is required to possess the necessary legal authority, and to implement appropriate procedures, to regulate the entry of pollutants and nonstormwater discharges into the city stormwater conveyance system.

(e) The city's municipal stormwater permit requires the city to effectively prohibit nonstormwater discharges from the city into the city stormwater conveyance system except as otherwise permitted by federal law.

(f) Nonstormwater discharges and stormwater pollutants that are discharged directly to waters of the state without passing through the city stormwater conveyance system are not subject to the requirements of the municipal stormwater permit. However, such discharges have the potential to degrade water quality and impact the quality of life for the people of the city. Regulation of such discharges by the city provides benefits to its people and protects the local environment.

(g) The council finds in this regard that the provisions of this article are necessary to provide the city with the legal authority necessary to implement and otherwise comply with the requirements of its municipal stormwater permit and to protect the water of the state for the benefit of its people and the environment.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 7, 7-12-2018)

(a) This article is adopted pursuant to Article XI, Section 7 of the California Constitution which authorizes the city to exercise its police power to protect and promote the public health, safety and general welfare. While stormwater runoff is one step in the natural cycle of water, human activities, including, but not limited to, agriculture, construction, manufacturing and the operation of an urban infrastructure, may result in undesirable discharges of pollutants and certain sediments. Such discharges may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States. The purpose of this article is to protect and enhance the water quality of watercourses, water bodies and wetlands within the city in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and Municipal Discharge Permits #CA0082597 and #CAS0085324 together with all subsequent amendments and renewals by controlling the contribution of urban pollutants to stormwater runoff which enters the city stormwater conveyance system.

(b) It is the intent of the council in adopting this article to provide the city with the legal authority to accomplish the following goals:

(1) To benefit the people and environment of the city by protecting water quality in waters of the state;

(2) To reduce the discharge of pollutants in stormwater to the maximum extent practicable;

(3) To effectively prohibit nonstormwater discharges into the city stormwater conveyance system;

(4) To comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and NPDES Municipal Stormwater Discharge Permits #CA0082597 and #CAS0085324 together with all subsequent amendments and renewals as they apply to the discharge of pollutants into and from the city stormwater conveyance system;

(5) To fully implement the city's comprehensive stormwater management program as approved by the regional board;

(6) To protect the physical integrity and function of the city stormwater conveyance system from the effects of pollutants and materials other than stormwater;

(7) To prevent the contamination of groundwater as a result of pollution migration from the city stormwater conveyance system;

(8) To promote cost effective management and beneficial use of sediments in the city stormwater conveyance system;

(9) To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the city stormwater conveyance system;

(10) To provide for the recovery of regulatory costs incurred by the city in the implementation of its comprehensive stormwater management program, including, but not limited to, enforcement activities, inspections, investigations, sampling and monitoring; and

(11) To establish appropriate enforcement procedures and penalties for violations of the provisions of this article.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 8, 7-12-2018)

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and that are not specifically defined in this chapter, shall, when used in this article, have the same meaning as set forth in such act or regulations.

As used in this article, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

Administrator means the city's general services director and his or her designees.

Basin plan means the water quality control plan for Basin 5A and 5B, adopted by the Regional Water Quality Control Board, Central Valley Region in July 1975, and all subsequent amendments.

Best management practices (BMP) means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. BMPs shall also be defined to include structural controls, treatment controls, training requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. BMPs may be established by the administrator for a particular individual business or industry type which shall be implemented by the owner or operator of a business.

Business means any commercial/industrial/retail business, enterprise, trade, service, calling, vocation, profession, or any means of livelihood whether or not carried on for gain or profit.

City means the City of Citrus Heights.

City manager means the city manager of the city, or his or her authorized designee.

Commercial and industrial facilities mean commercial and industrial facilities regulated pursuant to the commercial/industrial program requirements specified in Order 2016-0040.

City stormwater conveyance system means those public and natural facilities within the jurisdiction of the city which are owned, operated, maintained or controlled by the city by which stormwater may be conveyed to waters of the United States, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains. The city stormwater conveyance system includes natural creeks and small streams which are also defined as receiving waters by the municipal stormwater permit.

Council means the city council of the City of Citrus Heights.

County means the County of Sacramento.

Development means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Discharge means the release or placement of any material into the city stormwater conveyance system, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

Discharger means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other pollutant into the city stormwater conveyance system or receiving waters.

Employee training program means a documented employee training program that a business may be required to implement pursuant to a stormwater pollution prevention plan for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system.

Hydromodification means the change in runoff characteristics from a watershed caused by changes in land use conditions (i.e., urbanization, dam construction, etc.). Hydromodification results in an artificially altered rate of natural channel erosion and sedimentation processes.

Illicit connection means any physical connection to the city stormwater conveyance system which is not expressly authorized by the city.

Implementing agency means the department of general services or any other city department authorized to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "implementing agency" also shall mean the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.

Industry or industrial activity means any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a non-profit corporation as defined by the State of California.

Low impact development (LID) means a stormwater management and land development strategy that emphasizes conservation and the use of existing natural site features integrated with small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

Material means any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

Municipal stormwater permit means NPDES permit Nos. CA0082597 and CAS082597, together with all amendments and renewals, issued by the regional board to the County and the cities of Citrus Heights, Elk Grove, Folsom, Galt, Rancho Cordova, and Sacramento.

National pollution discharge elimination system permit or NPDES permit means a permit issued by either the regional board or the state water resources board pursuant to Article 5.5 (commencing with section 13370) of division 7 of the Water Code to control discharges from point sources to waters of the United States.

Natural surface water means creeks, natural ponds or lakes, wetlands, the Sacramento River, or navigable waters of the Delta and shall include any Waters of the United States contained within the boundaries of the state. Natural surface waters does not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other manmade body of water.

Nonstormwater discharge shall mean any discharge to the city stormwater conveyance system or directly to natural surface waters which did not originate as surface runoff and drainage from storm events and snow melt, but essentially resulted from human activities, or materials or processes under a person's control. Nonstormwater discharges include but are not limited to discharges of: (1) water that has been used by a person for any purpose such as cleaning, rinsing, cooling, irrigation, aquaculture, recreation, cooking, and industrial processes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other manmade apparatus; or (3) any discharge of materials or wastes other than water.

Order 2002-0206 means Regional Water Quality Control Board, Central Valley Region Order No. R5-2002-0206, which constitutes NPDES Permit No. CAS082597, together with all amendments and renewals, on file in the office of the city clerk.

Order 2016-0040 means Regional Water Quality Control Board, Central Valley Region Order No. R5-20162016-0040, which constitutes NPDES Permit No. CAS0085324, together with all amendments and renewals.

Person means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

Plan standard means any or all applicable requirements of the basin plan or any other water quality control standard or requirement approved by the Regional Water Quality Control Board, Central Valley Region, the State Water Resources Control Board or the federal Environmental Protection Agency that applies to any of the receiving waters.

Pollutant means any contaminant or other substance which, as determined by the administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to exceed receiving water limitations defined in the municipal stormwater permit, or any successor section, or otherwise cause a violation of the municipal stormwater permit. Pollutant may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in section 1362(6) of the Federal Clean Water Act.

Potential user/discharger means any person who by nature of the enterprise, activity or industry in which such person is engaged, or by the use, possession or ownership of specified types of equipment, is determined by the administrator to generate or have the capacity to generate wastes or wastewater which have significant potential to be discharged to the city stormwater conveyance system.

Premises means any building, lot, parcel or land, or portion thereof, whether improved or unimproved.

Prohibited nonstormwater discharge means any nonstormwater discharge to the city stormwater conveyance system which is not otherwise specifically authorized by this article, the regional board, state or federal law, or an NPDES permit.

Receiving water limitations means those restrictions defined and listed in the municipal stormwater permit or any successor section.

Receiving waters means surface bodies of water, as defined by the municipal stormwater permit, including, but not limited to, creeks and rivers, which serve as discharge points for the city stormwater conveyance system.

Regional board means the California Regional Water Quality Control Board, Central Valley Region.

Sacramento Stormwater Quality Design Manual means the latest edition of the Stormwater Quality Design Manual developed by the Sacramento Stormwater Quality Partnership, which includes details of the post construction stormwater quality requirements and the associated design criteria. The Design Manual will aid with the selection, siting, design, operation and long-term maintenance of stormwater quality and quantity control measures.

Significant industrial activity means any industrial activity, individual industrial facility, or class of industrial facilities which is determined by the administrator to discharge or have the potential to discharge pollutants into stormwater, or non stormwater in quantities or concentrations which may cause exceedance of receiving water limitations, or for which a requirement has been imposed by the state or federal government on the city to conduct stormwater regulatory activities focused on the facility or activity.

Significant redevelopment means the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint, or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces.

Source control measure means any schedules 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.

Specific performance requirements means standards adopted by the city that define required conditions or results regarding the elimination of nonstormwater discharges or the control of pollutants in stormwater from specified sources.

State construction general permit means the State Water Resources Control Board's Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 Waste Discharge Requirements (WDRS) for Discharges of Storm Water Runoff Associated with Construction Activity, and any successor documents.

State industrial general permit means the State Water Resources Control Board's "Water Quality Order No. 97-03-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities" and any successor documents.

Stormwater means surface runoff and drainage resulting from storm events and snow melt.

Subject activity means any industrial activity which is determined by the administrator to discharge or have the potential to discharge pollutants into stormwater or nonstormwater in quantities or concentrations which may exceed receiving water limitations.

Stormwater conveyance system means those artificial and natural facilities within the city, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

Stormwater pollution prevention plan (SWPPP) means a document that describes the best management practices to be implemented by the owner or operator of a business to eliminate prohibited non-stormwater discharges and/or reduce to the maximum extent practicable pollutant discharges to the stormwater conveyance system.

Treatment control measures 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.

Threatened prohibited nonstormwater discharge means any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the administrator to be a condition which results in a substantial likelihood of a future prohibited discharge.

Unmitigated stormwater pollutant source means any existing condition that if left unmitigated is reasonably likely, as determined by the administrator, to result in a discharge of pollutants in stormwater that will cause or contribute to an exceedance of receiving water limitations, harm or interfere with the city stormwater conveyance system, or otherwise pose a threat to public health and safety.

User means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the city stormwater conveyance system.

Watercourse means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs, and rivulets.

Waters of the United States has the same meaning as set forth in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provision.

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

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 9, 7-12-2018)

The provisions of this article shall be construed to assure consistency with the requirements of the Federal Clean Water Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES permit #CA0082597 and #CAS0085324 together with all subsequent amendments and renewals. In the event of a conflict between this article and any federal or state law, regulation, order or permit, the requirement which establishes the higher standard for public health and safety shall govern.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 10, 7-12-2018)

The provisions of this article shall be applicable to all users and potential users located within the city and all users that discharge either directly or indirectly into the city stormwater conveyance system. This article shall also apply, within the city, to nonstormwater discharges made directly to the navigable waters of the Sacramento Delta. This article shall not be applicable to persons located outside the incorporated area of the city if their stormwater or nonstormwater discharge enters a stormwater conveyance facility owned or operated by another public agency which is subject to a valid NPDES permit for discharges from a municipal separate storm sewer system prior to entering the city stormwater conveyance system.

This article shall not apply to facilities subject to and in compliance with a state general construction activity stormwater permit. Nonstormwater discharges at construction sites between one and five acres in size, and which the administrator determines are in accordance with the nonstormwater discharge standards of the state general permit for construction activity, are considered to be in compliance with this article.

This article shall not apply to facilities operated by the State of California or by agencies of the federal government.

(Ord. No. 2004-08, § 1, 9-22-2004)

The provisions of this article shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this Code.

(Ord. No. 2004-08, § 1, 9-22-2004)

Compliance by any person with the provisions of this article shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both.

(Ord. No. 2004-08, § 1, 9-22-2004)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this article. The council hereby declares that it would have adopted this article and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause or phrase of this article would subsequently be declared to be invalid or unconstitutional.

(Ord. No. 2004-08, § 1, 9-22-2004)

Except as otherwise provided herein, the administrator shall be responsible for the administration, implementation and enforcement of the provisions of this article. Any powers granted to or duties imposed upon the administrator may be delegated by the administrator to other city employees or, upon the approval of the council, to employees of other public agencies.

(Ord. No. 2004-08, § 1, 9-22-2004)

The degree of protection required by this article is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this article does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This article shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 2004-08, § 1, 9-22-2004)

Except as provided in section 98-212, it shall be unlawful for any person to make or cause to be made any nonstormwater discharge into the city stormwater conveyance system or directly to the navigable waters of the Delta.

(Ord. No. 2004-08, § 1, 9-22-2004)

The following discharges to the city stormwater conveyance system are exempt from the otherwise applicable discharge prohibition set forth in section 98-211:

(1) Any discharge regulated under a NPDES permit issued to the discharger and administered by the state pursuant to Article 5.5 of Division 7 of the Water Code, provided that any such discharge is in compliance with all requirements of the NPDES permit and all other applicable laws and regulations.

(2) Any discharge from any of the following activities provided that any such discharge does not cause or contribute to the violation of any receiving water limitation as determined by the administrator:

a. Water line flushing;

b. Diverted stream flows;

c. Rising groundwaters;

d. Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005(20)] to separate storm sewers;

e. Uncontaminated pumped groundwater;

f. Discharges from potable water sources;

g. Foundation drains;

h. Air conditioning condensate;

i. Uncontaminated irrigation water;

j. Springs;

k. Water from crawl space pumps;

l. Individual residential car washing;

m. Flows from riparian habitats and wetlands;

n. Dechlorinated swimming pool discharges; or

o. Discharges or flows from emergency firefighting activities.

(3) Any discharges which the administrator, the county health officer or the regional board determines in writing are necessary for the protection of public health or safety.

Any discharge caused by flooding or other natural disaster that could not have been reasonably foreseen or mitigated in advance by the discharger, as determined by the administrator.

Discharges of pumped groundwater not subject to a NPDES permit may be permitted to discharge to the stormwater conveyance system only upon written approval from the director and in compliance with conditions of approval set forth by the director.

(4) Additional categories of nonstormwater discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the administrator upon approval of the executive officer of the regional board, as provided in the municipal stormwater permit, or any successor sections.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 11, 7-12-2018)

Notwithstanding the exemptions provided for in section 98-212, if the regional board or the administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the administrator may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses an immediate significant threat to the environment or to public health and safety, the administrator may waive the 30-day waiting period and require immediate cessation of the discharge.

(Ord. No. 2004-08, § 1, 9-22-2004)

It shall be unlawful for any person to discharge, or cause to be discharged, any material to the city stormwater conveyance system which results in, or contributes to, a violation of the municipal stormwater permit.

(Ord. No. 2004-08, § 1, 9-22-2004)

In the interest of preventing prohibited discharges from occurring, it shall be unlawful for any person to maintain, or cause to be maintained, any of the following conditions:

(1) Unmitigated stormwater pollution source;

(2) Threatened prohibited nonstormwater discharge;

(3) Prohibited nonstormwater discharge installation;

(4) Illicit connection;

Illicit connections shall be subject to removal and abatement by the city.

The prohibition set forth in subsection (4) above shall apply to illicit connections in existence at the time that this article becomes effective. Upon the effective date of this article, any person who maintains an illicit connection shall have 30 days from the effective date of this article to disconnect and discontinue use of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in section 98-203, may apply to the city for a permit to continue the connection subject to applicable city standards. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey prohibited discharge to the city stormwater conveyance system or waters of the State.

(Ord. No. 2004-08, § 1, 9-22-2004)

A violation of the provisions of this article 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.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Any person engaged in activities which may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, undertake BMPs to reduce the risk of nonstormwater discharge and/or pollutant discharge.

(b) The administrator may require any business in the city that is engaged in activities that may result in nonstormwater and/or pollutant discharges to develop and implement a stormwater pollution prevention plan that must include an employee training program in accordance with requirements established by the administrator.

(c) Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan under Article 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code, shall include in that plan provisions for compliance with this article, including the provisions prohibiting nonstormwater discharges and illicit discharges, and requiring the discharge of pollutants to be reduced to the maximum extent practicable.

(d) Coordination with hazardous waste generator contingency plan and emergency procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this article, including the provisions prohibiting nonstormwater discharges and illicit discharges, and requiring the discharge of pollutants to be reduced to the maximum extent practicable.

(e) The administrator may develop controls as appropriate to minimize the long-term, post construction discharge of nonstormwater and/or pollutants from new development or significant redevelopment. Controls may include source control measures to prevent pollution of stormwater and/or treatment controls designed to remove pollutants from stormwater.

(f) Any person associated with construction activities in the city shall prevent nonstormwater and/or pollutants from entering the stormwater conveyance system or receiving waters and comply with all applicable federal, state and local laws, ordinances or regulations including but not limited to the general permit for stormwater discharges associated with construction activity issued by the State Water Resources Control Board and any city ordinance, regulation or standard related to development and grading.

(g) Compliance with general and/or individual stormwater permits. Each discharger subject to any general and/or individual stormwater permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board or the City of Citrus Heights shall comply with the requirements of such permit.

(h) Any person who the administrator determines is conducting any subject activity shall reduce the discharge of pollutants from those activities through the implementation of BMPs in accordance with section 98-220.

(i) The administrator shall conduct a notification and comment process for designations or determinations made pursuant to subsection (a) of this section.

(j) Any determination made by the administrator pursuant to subsection (b) of this section shall be subject to the provisions for the adoption of regulations set forth in section 98-226.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 12, 7-12-2018)

(a) The administrator may designate as subject activities those industrial activities which are identified as potential sources of discharges of pollutants to the city stormwater conveyance system. A significant industrial activity may occur at stationary facilities or as a mobile activity that takes place at various job sites.

(b) Industries for which the municipal stormwater permit specifies that the city shall conduct routine inspections, or which are listed in Municipal Stormwater Permit Provision 9 ii c, are hereby designated as significant industrial activities.

(c) Notwithstanding subsection (b) of this section, food establishments, as defined in the Health and Safety Code § 113780, shall not be designated as significant industrial activities.

(d) Significant industrial activity designations that apply only to individual facilities may be made by the administrator and are subject to appeal under section 98-240.

(e) Significant industrial activity designations made by the administrator pursuant to paragraph (a) of this section that apply to classes of activities or facilities shall be subject to the requirements of section 98-226 of this article governing the adoption of regulations.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The administer may require the owner or operator of a significant industrial activity to obtain a city stormwater permit, which may establish any provisions necessary for the implementation of this article, effective control of stormwater pollutants and on-stormwater discharges, and compliance with the municipal stormwater permit. Provisions may include but are not limited to applicable specified performance requirements; and reporting, documentation, training, and monitoring requirements.

(b) Notwithstanding subsection (a) of this section, food establishments, as defined in Health and Safety Code § 113780, and industrial facilities required to obtain coverage under the state industrial general permit shall not be required to obtain a city stormwater permit.

(c) The city stormwater permit shall describe the aspects of business to which it applies, which may include but are not limited to areas, equipment, buildings, industrial processes, or activities of the business.

(d) Any person, who continues to own or operate a significant industrial activity without obtaining a city stormwater permit, if required by the administrator, shall be in violation of this article.

(e) The administrator may establish permit fees, according to the provisions of section 98-232 of this article, to fund the city's costs associated with regulating the permitted activity, including but not limited to administration, inspection, enforcement, compliance assistance, and outreach.

(f) The administrator may revoke a city stormwater permit for significant violations of this article. Prior to issuance or revocation of any permit, the administrator shall establish, as part of the enforcement policy regarding permit administration, including timelines and criteria decisions by the administrator shall be subject to appeal under section 98-240 of this article.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Any person owning or occupying a premises, or conducting any activity, that has knowledge of any nonstormwater discharge or threatened prohibited discharge, from the premises or activity to the city stormwater conveyance system shall immediately take all reasonable action to contain and otherwise minimize any such discharge.

(b) The administrator may designate types of industries where the owner or operator of the industry shall be required to notify the administrator or the implementing agency within 24 hours of the discovery of an actual discharge into the city stormwater conveyance system.

(c) For any discharge subject to the reporting requirements of Water Code §§ 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The administrator may establish specified performance requirements for significant industrial activities that are intended to apply to a class or classes of industries. Such requirements shall be subject to the provisions for adoption of regulations under section 98-226 of this article.

(b) The administrator may impose specified performance requirements that apply to single facilities. Such requirements shall be subject to appeal under section 98-240 of this article.

(c) Any facility that it is in compliance with its state or federal NPDES permit for stormwater discharge for that facility shall be deemed to have met the requirements of section 98-217, except that any specified performance requirements applicable to such facilities shall also be met.

(Ord. No. 2004-08, § 1, 9-22-2004)

Any person owning or operating a construction site for which a building permit has been issued shall implement BMPs to control the discharge of pollutants to the maximum extent practicable and eliminate nonstormwater discharges that are not in compliance with an NPDES permit.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 13, 7-12-2018)

(a) The administrator shall be authorized to establish specified performance requirements and requirements for BMPs as appropriate to minimize the long-term, post construction discharge of stormwater pollutants from new development or significant redevelopment, to implement the development standards plan, and to comply with the requirements of Order 2016-0040, implement Low Impact Development measures to keep pollutants from contacting run-off and leaving the site, and implement Hydromodification control measures as specified in the Sacramento Stormwater Quality Partnership's Stormwater Quality Design Manual. The requirements for new development or redevelopment may include but are not limited to operational BMPs, building material specifications or limitations, site design requirements, signage and marking, and associated maintenance programs or schedules.

(b) Requirements established pursuant to subsection (a) may be included in development standards, building codes, building permits, conditions of development, or any other appropriate instrument administered by the city.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 14, 7-12-2018)

The administrator may require a property owner to establish, document, and conduct a maintenance program, subject to approval, for any BMP or to ensure continued compliance with specified performance requirements. This requirement may apply to BMPs required by the city or BMPs that were voluntarily installed. Such a maintenance program may be required when the administrator determines that proper maintenance is necessary to protect public safety, health, infrastructure, or the environment, or to otherwise meet the purposes of this article. Maintenance requirements established pursuant to this subsection must be appropriate for the site conditions and design of BMPs.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 15, 7-12-2018)

(a) The administrator may propose regulations for specified subject activities. Such regulations shall describe best management practices (BMPs) which, if implemented by persons conducting such subject activities, shall satisfy the requirements of section 98-217.

(b) Persons conducting subject activities may implement BMPs not contained in the adopted regulations to satisfy the requirement of subsection 98-217(b) through either of the following mechanisms:

(1) By submitting and receiving prior written approval for the alternative BMPs from the administrator if he or she determines that the proposed alternative BMPs provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (a) above; or

(2) By implementing alternative BMPs which provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (a) above.

(c) Any alternative BMPs implemented pursuant to subsection (b)(2) above shall be subject to review and approval by the administrator as part of the inspection procedures set forth in section 98-227. If a person conducting subject activities implements alternative BMPs without the prior written approval of the administrator and subsequently receives written notice from the administrator that the alternatives BMPs do not provide the required equivalent level of protection from stormwater discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of the requirements of section 98-217 as of the date of delivery of such notice unless it is ultimately determined pursuant to an administrative appeal pursuant to section 98-240 that the alternative BMPs provide the required equivalent level of protection from stormwater discharges.

(d) Any facility that it is in compliance with its state or federal NPDES permit for stormwater discharges for that facility shall be deemed to have met the requirements of section 98-217

(e) The administrator shall develop regulations for determining when BMPs have been successfully implemented.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 16, 7-12-2018)

(a) The administrator shall have the authority to promulgate regulations for the implementation of this article. Prior to the administrator's promulgation of any regulations, the administrator shall provide the city manager and city attorney for their review and approval a plan for receiving public input on such regulations. After such review and approval, the administrator shall submit such public input plan to the council for its approval. The public input plan approved by the council shall be generally applicable to the promulgation of regulations by the administrator.

(b) All regulations proposed by the administrator shall be reviewed by the city attorney prior to promulgation and shall be consistent with the provisions of this article. Any such regulations, or amendments thereof, shall be filed with the city clerk. The clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within ten calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the administrator shall make a reasonable effort to identify, notify, and provide copies to any industries which are specifically designated by the administrator as subject to a rule or regulation. However, neither the failure of the administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the administrator or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which notification of the regulations are published.

(c) Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the clerk shall schedule the appeal for a public hearing by the council. At the conclusion of the public hearing the council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The council's determination in this regard shall be final.

(d) Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 17, 7-12-2018)

(a) Prior to commencing any inspection authorized pursuant to this section, the administrator shall obtain the consent of the owner or occupant of the premises, an administrative inspection warrant or a criminal search warrant.

(b) The administrator may conduct inspections related to purposes of implementing this Article on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this article, including, but not limited to, compliance with requirements of the municipal stormwater permit, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of nonstormwater to the city storm drain system or similar factors.

(c) The administrator may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the city stormwater conveyance system.

(d) The administrator may enter upon private property for the purpose of verifying compliance with the provisions of this article, including, but not limited to, the following:

(1) Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property;

(2) Identifying point(s) of discharge of all wastewater, process water systems, pollutants and other discharges from the property;

(3) Investigating the natural slope of the premises, including drainage patterns and artificial conveyance systems;

(4) Establishing the location of all points of discharge from the property, whether by surface run-off or through a storm drain system;

(5) Locating any illicit connection or the source of any prohibited discharge; and

(6) Evaluating implementation of BMPs.

(e) For purposes of verifying compliance with the provisions of this article, the administrator may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be used by the business for business-related activities and to be associated with industrial sources of pollutants or with nonstormwater discharges.

(f) The administrator may inspect all records of the owner or occupant of any premises relating to chemicals or processes presently or previously occurring on-site, including materials and/or chemical inventories, facilities maps or schematics or diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, monitoring program plans or any other records relating to illicit connections, prohibited discharges or the potential discharge of pollutants to the city stormwater conveyance system. In addition, the administrator may require the owner or occupant to furnish, within a reasonable time period, copies of all such records.

(g) The administrator may inspect, sample and test any area runoff, soils area (including any 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 the contribution of pollutants to the city stormwater conveyance system. The administrator may investigate the integrity and layout of all storm drain and sanitary sewer systems or other pipelines on the premises using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The administrator may take photographs or videotape, make measurements or drawings, and create any other record reasonable necessary to document conditions on the premises.

(h) The administrator may erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the city stormwater conveyance system.

(i) The administrator may require regular reports from a premises owner and/or business owner regarding the provisions of this article whose premises discharges to the city stormwater conveyance system or receiving waters.

(j) City-approved construction permits including approved building permits shall constitute permission by premises owner and/or business owner for administrator or designee to enter upon premises and conduct any and all inspections, monitoring and testing necessary to determine compliance with this Code and approved permits.

(k) The business owner and/or premises owner shall bear all costs incurred by the city associated with the administration and enforcement of this article including, but not limited to, investigation, testing, reports, and monitoring.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The administrator may require industries, at their own expense, to conduct and report monitoring of stormwater and nonstormwater discharges from their facilities and operations, for purposes necessary for the implementation of this article or compliance with the municipal stormwater permit. The goals of monitoring may include but are not limited to characterization of known and potential pollutant sources, pollutant content of discharges, and BMP effectiveness. Required forms of monitoring may include but are not limited to toxicity, flow, and analysis of pollutant concentrations.

(b) The administrator may designate specific monitoring requirements and/or require the discharger or potential discharger to submit a monitoring plan that describes specific monitoring requirements. Specific monitoring requirements may include sampling points, sampling times or deadlines, analysis and sampling methods, frequencies, storm event criteria, and other specifications necessary to ensure timely, adequate, accurate, and representative monitoring.

(c) The discharger or potential discharger shall ensure that the integrity of the sample is protected at all times, including collection, handling, splitting, transport, and storage. Deliberate tampering with or altering of a sample shall be a violation of this article.

(d) The administrator may specify information that must be documented in association with any sampling and monitoring event. At a minimum, unless otherwise allowed by the administrator, the discharger or potential discharger shall record and maintain the following information for each sampling event:

(1) The date, exact place, method and time of sampling.

(2) The name, title, and employer of the person or persons taking the samples.

(3) Sample preservation used.

(4) The dates analyses were performed.

(5) Sample chain of custody forms.

(6) Who performed the analyses?

(7) Analytical methods used, including detection limits.

(8) Quality assurance and quality control documentation.

(9) Laboratory reports of analytical results.

(10) Any unusual observations or conditions noted during sample acquisition or analysis.

(e) Any information submitted pursuant to this section shall be subject to the approval of the administrator and the administrator may require additional information if the administrator determines the information submitted is incomplete or insufficient.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The administrator may require any person to report information for purposes related to the purpose and intent of this article. Required information may include but is not limited to the following: characterization of industrial activities; compliance with this article, compliance with a city stormwater permit; compliance with state general permit requirements; compliance with the city stormwater ordinance; compliance with administrative enforcement orders or other enforcement actions; discharge monitoring; training; and BMP implementation, effectiveness, and maintenance.

(b) The administrator may require information to be submitted on an as needed basis, or according to a specific schedule as specified in a city stormwater permit.

(c) The administrator may require submitted information to be compiled, summarized, analyzed or organized in a reasonable manner that facilitates its interpretation or other use. As necessary to facilitate the use of information, the administrator may also specify the medium and format of required submittals.

(d) Failure to provide information in a timely manner as required by the administrator, or knowingly or negligently providing false information shall be a violation of this article.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Information and data on a discharger or potential discharger obtained from inspections reports, questionnaires, applications, permits, monitoring programs, records, any other form of submittal to the city shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the administrator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger. Stormwater and nonstormwater constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.

(b) When requested by a discharger or potential discharger furnishing information to the city, the portions of that information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to the city and other governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) and/or the pretreatment program. Those portions of the information shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger or potential discharger furnishing the information.

(c) Information and data requested from a discharger or potential discharger which the discharger or potential discharger believes to be proprietary and the release of which to the public would substantially impair the operations of the discharger or potential discharger, may alternatively be provided to the city for its review at the facility of the discharger or potential discharger rather than provided to the city for its keeping, at the discretion of the city. The burden will be on the discharger or potential discharger to demonstrate to the satisfaction of the city that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the city from properly carrying out the objectives of this article.

(d) In the event access to or disclosure of any such confidential or proprietary information is requested pursuant to an action brought under federal or state laws, the city shall have the option, in its sole discretion, of defending itself in such action or requiring the discharger or potential discharger to provide a defense. If the city makes written tender upon a discharger or potential discharger to defend such an action with counsel acceptable to city and such discharger or potential discharger does not appear in and assume the defense of such action within the time specified in the tender, the city shall be free to disclose the information to the party making request therefor. In any event, the discharger or potential discharger shall be liable to the city in defending such action and for any judgment rendered against the city in such action. Payment of all such amounts shall be made by the discharger or potential discharger within 30 days of billing by the city.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The city and the county are co-permittees under NPDES Permit Nos. CAS082597 and CAS0085324 together with all subsequent amendments and renewals. The permits require regular compliance inspections and enforcement at certain commercial and industrial facilities as defined by the permits. The county operates an inspection, investigation and enforcement program that enforces compliance with environmental and water quality requirements by commercial and industrial facilities located within the county.

(b) Under article 11, section 8 of the California Constitution and applicable provisions of this article and the County Charter, the city and the county may enter into agreements for the county to perform specified municipal functions within the city.

(c) In order to provide for effective and efficient administration and enforcement of this article with respect to commercial and industrial facilities within the city, and to ensure compliance with NPDES Permit Nos. CAS082597 and CAS0085324 together with all subsequent amendments and renewals, the city council and the Sacramento County Board of Supervisors may enter into an agreement or agreements for Sacramento County to administer and enforce the provisions of this article with respect to commercial and industrial facilities located within the city, by including commercial and industrial facilities located within the city in the county's commercial and industrial compliance program. If the city council and the Sacramento County Board of Supervisors enter into such an agreement or agreements:

(1) The county and its authorized official(s) and employee(s) shall enforce the provisions of this article as they apply to commercial and industrial facilities located within the city, in accordance with the provisions of such agreement(s); and

(2) The county and its authorized official(s) and employee(s) shall be authorized to take any action with respect to commercial and industrial facilities located within the city, in accordance with the provisions of this article and such agreement(s).

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 18, 7-12-2018)

(a) The administrator shall collect such fees as may be authorized by the city council to provide for the recovery of regulatory costs, including routine inspections and other regulatory functions associated with this article. There shall be no fee assessed to appeal the determination that a person conducts any subject activity. Any such fees shall be established by resolution of the city council.

(b) The county may establish and collect from commercial and industrial facilities located within the city such fees as may be necessary to cover the actual costs incurred by the county to include these facilities in its commercial and industrial compliance program, provided that the fees are established and collected in accordance with the provisions of all applicable and legal requirements.

(Ord. No. 2004-08, § 1, 9-22-2004)

Any person found to be in violation of any provision of this chapter in connection with activities subject to a building permit issued pursuant to chapter 18 of the Citrus Heights Municipal Code, shall be subject to the enforcement provisions of both this chapter and chapter 18.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 19, 7-12-2018)

The administrator may issue a notice of violation to any person found to be in violation of a provision of this article, including any regulation, permit, information request, order, variance, or other requirement that the administrator is authorized to enforce or implement pursuant to this article.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) The administrator may deliver to the owner or occupant of any premises, or to any person responsible for an illicit connection, prohibited discharge, maintenance of a threatened prohibited discharge, failure to implement BMPs in accordance with section 98-217, or any other violation of this article, a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with section 98-239.

(b) If the city council and the Sacramento County Board of Supervisors enter into an agreement for the county to administer and enforce the provisions of this article with respect to the commercial and industrial facility inspections within the city, pursuant to this article, any administrative or civil enforcement by the county of any provision of this article with respect to such facilities shall be governed by and conducted pursuant to Article 15.12 of the Sacramento County Code, and the provisions of this section and sections 98-237 and 98-238 of this article shall not apply.

(c) The notice of noncompliance shall identify the provision of this article which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions, including the recovery of any costs incurred by the city.

(d) The notice of noncompliance shall identify a compliance date that must be met; provided, however, that the compliance date may not exceed 90 days unless the administrator extends the compliance deadline an additional period not exceeding 90 days when good cause exists for the extension.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 20, 7-12-2018)

(a) The administrator may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with section 98-239. The administrative compliance order may be issued to any of the following:

(1) The owner or occupant of any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this article.

(2) A person who fails to implement BMPs in accordance with section 98-217.

(3) Any person responsible for a prohibited discharge or maintenance of a threatened prohibited discharge.

(b) The administrative compliance order may include the following terms and conditions:

(1) 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 any prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area.

(2) Specific requirements for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff.

(3) Specific requirements for the installation of overhead covering.

(4) Any terms or conditions reasonably calculated to prevent continued or threatened violations of this article.

(5) Any other measures necessary or appropriate to fully implement BMPs in accordance with section 98-217.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 21, 7-12-2018)

(a) Any violation of this chapter in which the administrator also determines that the violation constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the city storm conveyance system or natural surface waters, may result in an order to immediately cease and desist all activities causing such immediate threat.

(b) A cease and desist order shall direct the owner or occupant of any premises subject to this article, or any person named therein which is subject to this article, to immediately discontinue all or specified prohibited conditions or discharges to the city storm conveyance system, natural surface waters, or otherwise, until such time as abatement actions sufficient in the determination of the administrator have been satisfactorily effected and so confirmed by written amendment to said cease and desist order.

(c) Any cease and desist order may be appealed pursuant to the administrative appeals process of this article; provided, however, the effect of the cease and desist order shall remain in effect pending final determination thereof. Nothing shall limit the administrator's authority to continue enforcement actions under a pending cease and desist order, including modifying a cease and desist order consistent with the purpose and intent of the article.

(d) Any cease and desist order shall be cumulative with all of the remedies in this article and as provided by law.

(e) A cease and desist order shall inform the discharger of the administrator's authority and intent to conduct abatement of the violation according to section 98-241, if the discharger fails to comply with the requirements of the order within the specified time frame.

(f) If the discharger fails to comply with a cease and desist order within the time specified in the order, the administrator may conduct abatement of the violation according to section 98-241.

(g) Nothing in this section requires the administrator to issue a cease and desist order before conducting summary abatement as provided under section 98-241.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) In addition to any other content, a notice of noncompliance, a notice of violation, or a cease and desist order shall contain the following elements:

(1) A citation of the provision of this article that has been violated.

(2) A date by which by discharger must be in compliance with this article, or a date by which an action plan must be submitted by the discharger to propose a means and time frame by which to correct violations. The administrator may extend the compliance date when good cause exists for such an extension.

(3) Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

(4) Notification that the city may recover any costs incurred by the city as a result of the violation.

(5) Notification that the recipient has a right to appeal the matter as set forth in section 98-240 of this article.

(6) Notification of appeal deadlines established according to section 98-240 of this article.

(b) In addition to any other content, a notice of noncompliance, a notice of violation, or a cease and desist order may include the following:

(1) Imposition of an administrative civil penalty as specified in section 98-243 of this article.

(2) Establishment of terms, conditions, and requirements reasonably related to the provisions of this article, including the following:

a. Cessation of illicit discharges.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this article. The administrator may require the action plan to address specific items, including the following:

1. Specific time schedules for compliance.

2. Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff.

3. Identification of persons responsible for compliance with this article. A requirement that the person who receives it to submit written certification to the administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

(c) Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this article.

(Ord. No. 2004-08, § 1, 9-22-2004)

Any notice of noncompliance, administrative compliance order, cease or desist order or other enforcement order pursuant to the requirements of this article shall be subject to the following requirements:

(1) The notice shall state that the recipient has a right to appeal the matter as set forth in section 98-240.

(2) The notice shall state that the recipient or the property owner, or both, may be liable for all enforcement costs incurred by the city in correcting the violation.

(3) Delivery shall be deemed complete upon either personal delivery to the recipient or deposit in the U.S. mail postage prepaid for first class delivery.

(4) Where the recipient of the 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.

(5) Where the owner or occupant of any premises cannot be located after reasonable efforts of the administrator, the notice shall be deemed delivered after posting on the premises for a period of ten business days.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Except as set forth in subsection (c) below, any person receiving a notice of noncompliance, a notice of violation or cease and desist order, a designation as a person who conducts subject activities, an administrative compliance order or who is otherwise subject to an adverse determination pursuant to this article may appeal the matter by requesting an administrative hearing before a hearing officer appointed by the council.

(b) Any person appealing a notice or order, administrative compliance order, designation as a person who conducts subject activities or other adverse determination shall file, within 30 days of receipt of notice thereof, a written request for an administrative hearing, accompanied by an administrative hearing fee as established by resolution of the council, with the administrator. A hearing on the matter shall thereafter be held before a hearing officer within 45 days of the filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a request by the appealing party, a continuance of the hearing is granted.

(c) An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless 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.

(d) The administrator shall appear in support of the notice, order, designation, determination or emergency abatement action and the appealing party shall appear in support of the withdrawal of the notice, order, designation, determination 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 the appropriate presentation of the case.

(e) Except in the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within ten business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. In the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within five business days following the conclusion of the hearing. 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 §§ 1094.5 and 1094.6 and shall be commenced within 90 days following the final decision. Any administrative hearing fee paid by a prevailing party shall be refunded.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Any condition in violation of the provisions of this article, 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 to be a public nuisance.

(b) At the request of the administrator, the city may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the administrator shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the premises where the nuisance or threatened nuisance is occurring.

(c) At the request of the administrator, the city may seek an abatement warrant or other appropriate judicial authorization to enter the premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.

(d) In the event the nuisance constitutes an imminent danger to public safety or the environment, the administrator may enter the premises 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.

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

(2) Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to section 98-240 shall follow the emergency abatement action.

(Ord. No. 2004-08, § 1, 9-22-2004)

If the city council and Sacramento County Board of Supervisors enter into an agreement for Sacramento County to administer and enforce provisions of this chapter any administrative or civil enforcement by Sacramento County of any provision of this chapter with respect to such facilities shall be governed by and conducted pursuant to chapter 15.12 of the Sacramento County Code, and the provisions of this chapter shall not apply.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) In addition to any other remedies provided by this article, there is hereby imposed an administrative civil penalty of up to $5,000.00 for each violation of this article. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in section 98-239. The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a hearing officer before it is enforced. When violation of this article pertains to a continuing violation that does not create an immediate danger to health or safety, as determined by the administrator, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The administrator shall determine and notify the violator of the time within which the violator must correct or remedy the violation. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

(b) Enforcement of the administrative civil penalty imposed by the administrator shall be by written order issued by the hearing officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided in section 98-240. The order of the hearing officer concerning the administrative civil penalty shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the administrator. In reaching a decision concerning any administrative civil penalty, the hearing officer shall be guided by factors including, but not limited to the following: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

(c) The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Government Code § 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code § 53069.4 on the city shall be served upon the clerk of the council.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 22, 7-12-2018)

(a) Any person who negligently or knowingly violates any provision of this article, undertakes to conceal any violation of this article, continues any violation of this article after notice thereof, or fails to implement BMPs in accordance with section 98-217 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than six months in the city jail, or both.

(b) Each day in which a violation occurs and each separate failure to comply with either a separate provision of this article, an administrative compliance order, a cease and desist order, or failure to implement BMPs in accordance with section 98-217 shall constitute a separate violation of this article punishable by fines or sentences in accordance herewith.

(c) The administrator may authorize specifically designated city employees to issue citations for misdemeanor violations of this article pursuant to Penal Code § 836.5.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) Each and every remedy available for the enforcement of this article shall be nonexclusive and it is within the discretion of the administrator to seek cumulative remedies.

(b) The administrator may request the city to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this article. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the city of all costs incurred in enforcing this article, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to the restoration of the environment and any other costs or expenses authorized by law.

(c) The administrator may request the city to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

(1) All costs incurred in the enforcement of this article, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

(2) All costs incurred in mitigating harm to the environment or reducing the threat to human health.

(3) Damages for irreparable harm to the environment.

(d) The city is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the city stormwater conveyance system from any violation of this article where such violation has caused damage, contamination or harm to the environment, public property or the city stormwater conveyance system.

(e) The remedies available to the city pursuant to the provisions of this article shall not limit the right of the city or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

(f) Each day in which a violation occurs and each separate failure to implement BMPs in accordance with section 98-217 or to comply with either a separate provision of this article, an administrative compliance order, or a cease and desist order shall constitute a separate violation of this article punishable by administrative penalties in accordance with this article.

(Ord. No. 2004-08, § 1, 9-22-2004)

(a) When proceedings under this article result in the correction of a violation of this article or in a final determination that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this article, the costs of such proceedings incurred by the city may be assessed against the property. Such costs may include, but are not limited to, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

(b) The administrator shall keep an account of the administrative and other costs of abatement and shall submit to the council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the clerk of the council not later than 15 calendar days in advance of the confirmation hearing required below.

(c) Upon receipt of the report, the clerk of the council shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. Such notice shall be mailed not later than 15 calendar days in advance of the hearing. Notice of the time, date and place of the public hearing by the council shall be published once in a newspaper of general circulation published with the city. With respect to each property proposed to be assessed for which the name or the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor's parcel number, the street address of the property, if the property has an address and the address is known to the administrator, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the clerk. Such publication shall be made not later than 15 calendar days in advance of the hearing.

(d) At the time fixed for receiving and considering the report, the council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour and description of the subject property under hearing. The council may continue the hearing and delegate to the city manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided that the council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the city manager or his designee. The council may modify the report if it is deemed necessary. The council shall then confirm the report by motion or resolution.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 23, 7-12-2018)

(a) If the costs as confirmed are not paid within 30 days of the date of mailing of the notice or date of publication pursuant to section 98-246, such costs shall be assessed against the parcel of land pursuant to Government Code § 38773, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

(b) If subsequent to the mailing of the notice of noncompliance and prior to transmittal of the notice of unpaid costs to the tax collector for collection as set forth in subsection (a) of this section, the property subject to the notice of noncompliance is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of noncompliance was placed in the United States postal system or posted on the property.

(c) In addition to assessing the unpaid costs as provided in subsection (a) herein, the appropriate tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. No. 2004-08, § 1, 9-22-2004)

Pursuant to Government Code § 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition in violation of this article that may be abated pursuant to Government Code § 38773, a court may order the owner to pay treble the costs of abatement.

(Ord. No. 2004-08, § 1, 9-22-2004)

Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the administrator together with any such protests or objections. The council may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the council is satisfied with correctness of the charge, the report of the administrator (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the council on the report and the charge and on all objections or protests shall be final and conclusive.

(Ord. No. 2004-08, § 1, 9-22-2004)

Where the charge to be made is the result of summary abatement pursuant to section 98-240, the council may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper.

(Ord. No. 2004-08, § 1, 9-22-2004)

The validity of any assessment made under the provisions of this article shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is ordered to be placed upon the assessment roll as provided herein.

(Ord. No. 2004-08, § 1, 9-22-2004)

A certified copy of the assessment shall be filed with the city on or before August 1. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the county assessor for the current year.

(Ord. No. 2004-08, § 1, 9-22-2004)