Article IV

Inspection, Monitoring, And Notification

• A. The city engineer, director of public works or chief building official has authority to carry out, or cause to be carried out, inspections, surveillance and monitoring procedures of any act or work being done pursuant to a permit, to determine compliance and noncompliance with permit conditions, including the prohibition on illicit discharges to the city storm water system. In the event that the city determines that a facility or site operator has failed to adequately implement all necessary BMPs, the city shall take progressive enforcement actions which, at a minimum, shall include a follow-up inspection and/or investigation.

• B. Routine or area inspections by the city shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this article, including, but not limited to, random sampling and/or sampling in areas where there is evidence of storm water contamination, discharge of non-storm-water to the storm water system, or similar activities. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as Cloverdale fire district or the Sonoma County department of health services.

• (Ord. 713-2017 § 2 (part), 2017)

The city engineer, director of public works, chief building official, or other authorized city employee has authority to:

• A. Inspect and ensure that all BMPs are properly operated and maintained.

• B. Inspect and ensure that all LID BMPs are implemented consistent with the most recent version of the Storm Water Low Impact Development Technical Design Manual.

• C. Inspect all applicable development sites to ensure proper installation, maintenance, and operation of all post-construction BMPs.

• (Ord. 713-2017 § 2 (part), 2017)

With the consent of the owner or the occupant of property or pursuant to a search or inspection warrant, any authorized city employee may take such samples and meter such discharges as the city engineer or director of public works deems necessary to determine whether an illicit or nonstorm-water discharge has taken place or is taking place and to determine the magnitude of such discharges. Such city employee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the city engineer or director of public works may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site. (Ord. 713-2017 § 2 (part), 2017)

Any authorized city employee may require that any person engaged in any activity, or owning or operating any commercial facility, which may cause or contribute to illicit discharges undertake such monitoring activities and/or analysis and furnish such reports as the authorized employee may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring and/or analysis and reports and the benefits to be obtained. The recipient of such a requirement shall undertake and provide the monitoring, analysis and reports required.

(Ord. 713-2017 § 2 (part), 2017)

• A. The city has authority to utilize progressive enforcement measures to ensure that (1) regulated industrial/commercial facilities, (2) construction sites, (3) development and redevelopment sites with post-construction BMP requirements, and (4) illicit discharges/ illicit connections are brought into compliance with all storm water and non-storm-water requirements within a reasonable time period.

• B. In the event that the city engineer, director of public works, or chief building official determines that a facility or site operator has failed to adequately implement BMPs after a follow-up inspection, the city shall take enforcement action as established through this article and the city municipal code through the judicial system to bring the facility or site into compliance, or refer the case to the Regional Water Board.

• (Ord. 713-2017 § 2 (part), 2017)

• A. The owner of a commercial facility or the persons responsible for emergency response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures to assure:

  1. Immediate notification is provided to the city department of public works of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city storm water system;

  2. Immediate notification is given to the "911" emergency response system if said discharge poses an immediate threat to the public health or safety and/or the environment;

  3. Written notification is provided to the city engineer or director of public works within five working days.

• B. Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non-storm-water discharge or of any pollutant that threatens to enter the city's storm water system are immediately recognized and that appropriate response is taken in the event of such release.

• C. As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of a nonstorm-water discharge entering, or of any pollutant that is threatening to enter, the city storm water system from such facility, such person shall take all necessary steps to ensure the early discovery and containment and clean up such release and shall immediately notify the city department of public works. In addition, written notification shall be given to the city engineer or director of public works within five working days. This written notification shall contain as a minimum a narrative describing the circumstances resulting in the release, or threatened release, the effort taken to clean up the release and the measures being taken to prevent reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications.

(Ord. 713-2017 § 2 (part), 2017)

• A. When the city engineer, director of public works or chief building official finds that an illicit discharge from a commercial facility is taking place, or is threatening to take place, in violation of the prohibitions of this chapter or any other discharge control requirements, the city engineer or director of public works may issue a written order to cease and desist and may direct the discharger to:

  1. Comply forthwith with the order and to cease those operations which result or threaten to result in discharges which violate any prohibition or limit of this article until such time as the city engineer or director of public works states in writing that he or she is satisfied that BMPs which will remove the threat are in place;

  2. Comply with the order in accordance with a time schedule set by the city engineer or director of public works; or

  3. In the event of a threatened violation take appropriate remedial or preventive action.

• B. Require That the Discharger Submit a Schedule of Remedial or Preventive Action. When the city engineer, director of public works or chief building official finds that the discharge from a commercial facility is taking place, or is threatening to take place, in violation of the prohibitions of this article or any other discharge control requirements, the city engineer or director of public works may issue an order to cease and desist and may direct the discharger to submit for her or his approval a detailed time schedule of specific remedial actions the discharger shall take to correct or prevent the violation of such prohibitions and requirements.

• (Ord. 713-2017 § 2 (part), 2017)

The violation of any provision of this article, or the failure to comply with any of the mandatory requirements of this article, shall constitute a misdemeanor. (Ord. 713-2017 § 2 (part), 2017)

In addition to any other penalties or remedies provided by this article or by other law(s), the city engineer, director of public works or chief building official may serve personally, or by certified mail, upon the owner of the property on which a violation of this article occurs, at the address of the property owner as it appears on the last equalized county assessment roll, a notice to abate the violation within ten days after receipt of notice, and that if the owner fails to abate the violation within the time period, the city engineer, director of public works or chief building official will cause the abatement thereof and that the cost of abatement may be charged to the property and to the owner thereof. If any such charge is not paid within sixty days of its billing to the property owner by the city, the amount of such charge may be placed as a lien on the property upon which the violation occurred and shall be collected in the manner fixed by law for the collection of special assessments; alternatively, the city may, at its option, recover the same in a civil action against the property and/or other person(s) responsible for the violation. (Ord. 713-2017 § 2 (part), 2017)

If the city engineer, director of public works or chief building official finds that a violation of this article has created an emergency condition seriously endangering the public health or safety, the city engineer or director of public works may, with the approval of the city manager, abate the condition without the written notice required by Section 16.10.310. The cost of such abatement will be charged to the owner of the property on which the violation occurs and/or any other person responsible for the violation and the city may, at its option, recover such costs in a civil action.

(Ord. 713-2017 § 2 (part), 2017)

• A. Any non-storm-water discharger found to be in significant noncompliance as defined in this chapter in any calendar year may have its name published in the largest daily newspaper published in the North Bay area.

• B. Any person who violates any order issued by the city engineer, director of public works or chief building official for violation of the provisions of this article regulating or prohibiting discharge of non-storm-water and which causes, or threatens to cause, non-storm-waters to enter the city's storm water system may be liable civilly in a sum not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Cloverdale area.

• C. Any person who violates the provisions of this chapter and which causes, or threatens to cause, pollutants or non-storm-waters to enter the city's storm water system shall be subject to a fine at least as much as the cost for corrective action(s).

• (Ord. 713-2017 § 2 (part), 2017)

Any person who submits a report required by this chapter which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Cloverdale area.

(Ord. 713-2017 § 2 (part), 2017)

Every day or any portion thereof any violation of this article continues shall constitute a separate offense.

(Ord. 713-2017 § 2 (part), 2017)

Concealing, aiding, or abetting a violation of any provision of this article shall constitute a violation of such provision.

(Ord. 713-2017 § 2 (part), 2017)

Any person who violates any provision of this article or who violates any cease and desist order or prohibition may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanction of those Acts including civil and criminal penalties. Any enforcement actions authorized under this article may also include notice to the violator of such potential liability.

(Ord. 713-2017 § 2 (part), 2017)

The city engineer, director of public works or chief building official may escalate referral of violations of the NPDES storm water permits for industrial activity and construction activity to the Regional Water Board after one inspection and one notice of violation or directly after inspection if circumstances warrant joint authority enforcement.

(Ord. 713-2017 § 2 (part), 2017)

In addition to the penalties provided herein, the city council finds and determines that any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to the public health, safety and welfare, is declared to be a nuisance and may be abated as such.

(Ord. 713-2017 § 2 (part), 2017)

In addition to any other remedies provided in this article, any violation of this article may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following:

• A. A temporary restraining order, preliminary and permanent injunction;

• B. Reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this article;

• C. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;

• D. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages recovered under this section shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control system(s) and implementing or enforcing the provisions of this article.

(Ord. 713-2017 § 2 (part), 2017)

The remedies identified in this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.

(Ord. 713-2017 § 2 (part), 2017)

If any discharger disputes an interpretation or application of this article, the discharger may request in writing a ruling by the city engineer on the matter. The city engineer will set forth his or her determination(s) in writing.

(Ord. 713-2017 § 2 (part), 2017)

If the discharger is dissatisfied with the determinations made by the city under Section 16.10.310, the discharger may, within thirty days after receipt of the ruling by the city engineer, appeal the ruling to the city council by filing a written notice of appeal with the city clerk. The notice shall state each basis and the grounds for the appeal. The city council shall make a final determination of the issue(s) so submitted.

(Ord. 713-2017 § 2 (part), 2017)